Law:British Columbia Grain Handling Operations Act

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S.c. 1991, c. 25

Assented to 1991-06-14

An Act to provide for the resumption and continuance of grain handling operations in the ports of Vancouver and Prince Rupert, British Columbia

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the British Columbia Grain Handling Operations Act.


Interpretation

Words and expressions

2. Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part I of the Canada Labour Code.


Part I. Vancouver Grain Handling Operations

Interpretation

Definitions

3. In this Part,

“collective agreement”

« convention collective »

“collective agreement” means the collective agreement between the employers’ association, on its own behalf and that of its members, and the union that expired on December 31, 1989;

“employee”

« employé »

“employee” means a person who is employed by an employer and is bound by the collective agreement;

“employer”

« employeur »

“employer” means the employers’ association and any member thereof, including any member named in the schedule;

“employers’ association”

« association patronale »

“employers’ association” means the B.C. Terminal Elevator Operators’ Association;

“mediator-arbitrator”

« médiateur-arbitre »

“mediator-arbitrator” means the mediator-arbitrator appointed pursuant to subsection 8(1);

“union”

« syndicat »

“union” means the Grain Workers’ Union, Local 333.


Grain Handling Operations

Resumption of grain handling operations

4. On the coming into force of this Part,

(a) each employer shall forthwith resume grain handling operations in the port of Vancouver, British Columbia; and

(b) every employee shall, when so required, forthwith resume the duties of that employee’s employment.

Obligations of employers

5. (1) No employer or officer or representative of an employer shall

(a) in any manner impede any employee from complying with paragraph 4(b); or

(b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of that employee’s having been on strike before the coming into force of this Part.

Obligations of union

(2) The union and each officer and representative of the union shall

(a) forthwith on the coming into force of this Part, give notice to the employees that, by reason of that coming into force, grain handling operations are forthwith to be resumed in the port of Vancouver, British Columbia and the employees, when so required, are forthwith to resume the duties of their employment;

(b) take all reasonable steps to ensure that employees comply with paragraph 4(b); and

(c) refrain from any conduct that may encourage employees not to comply with paragraph 4(b).

Extension of collective agreement

6. (1) The term of the collective agreement is extended to include the period beginning on January 1, 1990 and ending on December 31, 1992.

Collective agreement binding for extended term

(2) The collective agreement, as amended by or pursuant to this Part, is effective and binding on the parties thereto for the period for which the agreement is extended by subsection (1) notwithstanding anything in Part I of the Canada Labour Code or in the agreement, and Part I of that Act applies in respect of the agreement, as so amended, as if that period were the term of the agreement.

Strikes and lockouts prohibited

7. During the term of the collective agreement, as extended by subsection 6(1),

(a) no employer shall declare or cause a lockout against the union;

(b) no officer or representative of the union shall declare or authorize a strike against an employer; and

(c) no employee shall participate in a strike against an employer.


Mediator-Arbitrator

Appointment of mediator-arbitrator

8. (1) The Minister shall, after the coming into force of this Part, appoint a mediator-arbitrator and refer to the mediator-arbitrator all matters relating to the amendment or revision of the collective agreement that, at the time of the appointment, remain in dispute between the union and the employers’ association.

Duties

(2) The mediator-arbitrator shall, within ninety days after the mediator-arbitrator’s appointment or such longer period as the Minister may allow,

(a) endeavour to mediate all the matters referred to in subsection (1) and to bring about agreement between the union and the employers’ association on those matters;

(b) if the mediator-arbitrator is unable to bring about agreement in respect of any such matter, hear the union and the employers’ association on the matter, arbitrate the matter and render a decision in respect thereof; and

(c) report to the Minister on the resolution of all such matters.

Powers

(3) The mediator-arbitrator has, with such modifications as the circumstances require,

(a) for the purposes of the mediation referred to in paragraph (2)(a), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code; and

(b) for the purposes of the arbitration referred to in paragraph (2)(b), all the powers and duties of an arbitrator under sections 60 and 61 of that Act.

Form of decision

(4) The decision of the mediator-arbitrator in respect of any matter arbitrated by the mediator-arbitrator shall be set out in such form as will enable the decision to be incorporated into the collective agreement in accordance with section 9.

Incorporation in collective agreement

9. When the mediator-arbitrator reports to the Minister pursuant to subsection 8(2), the collective agreement shall be deemed to be amended by the incorporation therein of any amendments agreed to by the union and the employers’ association pursuant to the mediation and any decision of the mediator-arbitrator in respect of a matter arbitrated by the mediator-arbitrator, and the agreement, as so amended, constitutes a new collective agreement that shall be deemed to have effect on and after January 1, 1990.


Amendment of Collective Agreement

Parties may amend collective agreement

10. Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to the collective agreement to agree to amend any provision of the agreement as amended by or pursuant to this Part, other than a provision relating to the term of the agreement, and to give effect thereto.


Enforcement

Offence by individuals

11. (1) An individual who contravenes any provision of this Part is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine

(a) of not more than $50,000, where the individual was acting in the capacity of an officer or representative of an employer or the union when the offence was committed; or

(b) of not more than $1,000, in any other case.

Offence by employer or union

(2) Where an employer or the union contravenes any provision of this Part, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000.

Presumption

12. For the purposes of enforcement proceedings under this Part, the employers’ association and the union are deemed to be persons.

Construction

13. For greater certainty, nothing in this Act shall be construed so as to restrict a person from raising a defence of due diligence in a prosecution for an offence under this Part.


Part Ii. Prince Rupert Grain Handling Operations

Interpretation

Definitions

14. In this Part,

“collective agreement”

« convention collective »

“collective agreement” means the collective agreement between the employer and the union that expired on December 31, 1989;

“employee”

« employé »

“employee” means a person who is employed by the employer and is bound by the collective agreement;

“employer”

« employeur »

“employer” means the Prince Rupert Grain Ltd.;

“mediator-arbitrator”

« médiateur-arbitre »

“mediator-arbitrator” means the mediator-arbitrator appointed pursuant to subsection 19(1);

“union”

« syndicat »

“union” means the Grain Workers’ Union, Local 333.


Grain Handling Operations

Continuation or resumption of grain handling operations

15. On the coming into force of this Part,

(a) the employer shall forthwith continue or resume, as the case may be, grain handling operations in the port of Prince Rupert, British Columbia; and

(b) every employee shall, when so required, forthwith continue or resume, as the case may be, the duties of that employee’s employment.

Obligations of employer

16. (1) Neither the employer nor any officer or representative of the employer shall

(a) in any manner impede any employee from complying with paragraph 15(b); or

(b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of that employee’s having been on strike before the coming into force of this Part.

Obligations of union

(2) The union and each officer and representative of the union shall

(a) forthwith on the coming into force of this Part, give notice to the employees that, by reason of that coming into force, grain handling operations are forthwith to be continued or resumed, as the case may be, in the port of Prince Rupert, British Columbia and the employees, when so required, are forthwith to continue or resume, as the case may be, the duties of their employment;

(b) take all reasonable steps to ensure that employees comply with paragraph 15(b); and

(c) refrain from any conduct that may encourage employees not to comply with paragraph 15(b).

Extension of collective agreement

17. (1) The term of the collective agreement is extended to include the period beginning on January 1, 1990 and ending on December 31, 1992.

Collective agreement binding for extended term

(2) The collective agreement, as amended by or pursuant to this Part, is effective and binding on the parties thereto for the period for which the agreement is extended by subsection (1) notwithstanding anything in Part I of the Canada Labour Code or in the agreement, and Part I of that Act applies in respect of the agreement, as so amended, as if that period were the term of the agreement.

Strikes and lockouts prohibited

18. During the term of the collective agreement, as extended by subsection 17(1),

(a) the employer shall not declare or cause a lockout against the union;

(b) no officer or representative of the union shall declare or authorize a strike against the employer; and

(c) no employee shall participate in a strike against the employer.


Mediator-Arbitrator

Appointment of mediator-arbitrator

19. (1) The Minister shall, after the coming into force of this Part, appoint a mediator-arbitrator and refer to the mediator-arbitrator all matters relating to the amendment or revision of the collective agreement that, at the time of the appointment, remain in dispute between the union and the employer.

Duties

(2) The mediator-arbitrator shall, within ninety days after the mediator-arbitrator’s appointment or such longer period as the Minister may allow,

(a) endeavour to mediate all the matters referred to in subsection (1) and to bring about agreement between the union and the employer on those matters;

(b) if the mediator-arbitrator is unable to bring about agreement in respect of any such matter, hear the union and the employer on the matter, arbitrate the matter and render a decision in respect thereof; and

(c) report to the Minister on the resolution of all such matters.

Powers

(3) The mediator-arbitrator has, with such modifications as the circumstances require,

(a) for the purposes of the mediation referred to in paragraph (2)(a), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code; and

(b) for the purposes of the arbitration referred to in paragraph (2)(b), all the powers and duties of an arbitrator under sections 60 and 61 of that Act.

Form of decision

(4) The decision of the mediator-arbitrator in respect of any matter arbitrated by the mediator-arbitrator shall be set out in such form as will enable the decision to be incorporated into the collective agreement in accordance with section 20.

Incorporation in collective agreement

20. When the mediator-arbitrator reports to the Minister pursuant to subsection 19(2), the collective agreement shall be deemed to be amended by the incorporation therein of any amendments agreed to by the union and the employer pursuant to the mediation and any decision of the mediator-arbitrator in respect of a matter arbitrated by the mediator-arbitrator, and the agreement, as so amended, constitutes a new collective agreement that shall be deemed to have effect on and after January 1, 1990.


Amendment of Collective Agreement

Parties may amend collective agreement

21. Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to the collective agreement to agree to amend any provision of the agreement as amended by or pursuant to this Part, other than a provision relating to the term of the agreement, and to give effect thereto.


Enforcement

Offence by individuals

22. (1) An individual who contravenes any provision of this Part is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine

(a) of not more than $50,000, where the individual was acting in the capacity of an officer or representative of the employer or the union when the offence was committed; or

(b) of not more than $1,000, in any other case.

Offence by employer or union

(2) Where the employer or the union contravenes any provision of this Part, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000.

Presumption

23. For the purposes of enforcement proceedings under this Part, the union is deemed to be a person.

Construction

24. For greater certainty, nothing in this Act shall be construed so as to restrict a person from raising a defence of due diligence in a prosecution for an offence under this Part.


Coming Into Force

Coming into force

25. (1) This Act, other than Part II, shall come into force on the day immediately after the day on which this Act is assented to, but not before the twelfth hour after the time at which it is assented to.

Idem

Schedule

(Section 3)

Alberta Wheat Pool

Pacific Elevators Limited

Pioneer Grain Terminal Limited

Saskatchewan Wheat Pool

United Grain Growers Limited


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