Law:West Coast Ports Operations Act, 1994

From Law Delta

Revision as of 04:41, 26 September 2011 by Admin (Talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search


S.c. 1994, c. 1

Assented to 1994-02-08

An Act to provide for the maintenance of west coast ports operations

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 West Coast Ports Operations Act, 1994.


Interpretation

Definitions

2. (1) In this Act,

“collective agreement”

« convention collective »

“collective agreement” means the collective agreement between the employers’ association and the Union, that expired on December 31, 1992, and includes any related arrangements concerning contribution and benefit payments in respect of pensions;

“employee”

« employé »

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

“employer”

« employeur »

“employer” means the employers’ association and any member of the employers’ association, including any member named in Schedule I;

“employers’ association”

« association patronale »

“employers’ association” means the British Columbia Maritime Employers’ Association;

“Minister”

« ministre »

“Minister” means Minister within the meaning of the Canada Labour Code;

“union” and “the Union”

« syndicat »

“union” means the Union, any local thereof specified in Schedule II and any other local thereof that represents persons ordinarily employed in longshoring or related operations at any port on the west coast of Canada, and “the Union” means the International Longshoremen’s and Warehousemen’s Union — Canadian Area.

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.


Resumption Of Longshoring Operations

Resumption of operations and work

(a) the employer shall forthwith resume longshoring and related operations at ports on the west coast of Canada; and

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


Obligations

Obligations of employer

(a) in any manner impede any employee from complying with paragraph 3(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 Act.

Obligations of union

(a) forthwith on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, longshoring and related operations at ports on the west coast of Canada are to be resumed and that the employees, when required to do so, are forthwith to resume the duties of their employment;

(b) take all reasonable steps to ensure that employees comply with paragraph 3(b);

(c) refrain from any conduct that may encourage employees not to comply with paragraph 3(b); and

(d) comply with any order or request made pursuant to the collective agreement for the dispatch of employees to perform longshoring or related operations at a port on the west coast of Canada.

Extension of collective agreement

6. (1) The term of the collective agreement is extended to include the period beginning on January 1, 1993 and ending on the day on which a new collective agreement between the employers’ association and the Union comes into effect.

Collective agreement binding for extended term

(2) The collective agreement, as extended by this Act, is effective and binding on the employer and the union for the period for which it is extended notwithstanding anything in Part I of the Canada Labour Code or in the collective agreement, and Part I of that Act applies in respect of the collective agreement as if that period were the term of the collective agreement.

Strikes and lockouts prohibited

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


Final Offer Selection

Recommendation of person to be arbitrator

Appointment of arbitrator

(2) The Minister shall, as soon as practicable, appoint the person recommended under subsection (1) as arbitrator for final offer selection, and where no person is recommended under subsection (1) within the period referred to in that subsection, the Minister shall, as soon as practicable, appoint as arbitrator for final offer selection such person as the Minister considers appropriate.

Obligation to provide final offer

9. (1) Within such time and in such manner as the arbitrator may specify, the employers’ association and the Union shall each submit to the arbitrator

(a) a list of the matters on which the employers’ association and the Union were in agreement as of February 7, 1994 and proposed contractual language that would give effect to those matters;

(b) a list of the matters remaining in dispute on February 7, 1994; and

(c) a final offer in respect of the matters referred to in paragraph (b).

Contractual language

(2) The final offer referred to in paragraph (1)(c) must be submitted with proposed contractual language that can be incorporated into the new collective agreement.

Duties of arbitrator

10. (1) Within ninety days after being appointed, or within such greater period as may be specified by the Minister, the arbitrator shall

(a) determine the matters on which the employers’ association and the Union were in agreement as of February 7, 1994;

(b) determine the matters remaining in dispute on February 7, 1994;

(c) select, in order to resolve the matters remaining in dispute, either the final offer submitted by the employers’ association or the final offer submitted by the Union;

(d) make a decision in respect of the resolution of the matters referred to in this subsection and send a copy of the decision to the employers’ association and the Union; and

(e) forward a copy of the decision to the Minister.

Where no final offer submitted

(2) Where either the employers’ association or the Union fails to provide the arbitrator with a final offer in accordance with paragraph 9(1)(c), the arbitrator shall select the final offer provided by the other party.

Contractual language

(3) The arbitrator’s decision shall be drafted in such manner as to constitute a new collective agreement between the employers’ association and the Union and, to the extent that it is possible, incorporate the contractual language referred to in paragraph 9(1)(a) and the final offer selected by the arbitrator.

New collective agreement

11. (1) The arbitrator’s decision constitutes a new collective agreement between the employers’ association and the Union effective as of the day it is made until December 31, 1995 notwithstanding anything in Part I of the Canada Labour Code, and Part I of that Act applies in respect of the collective agreement as if it had been entered into pursuant to that Part.

Application

(2) The new collective agreement may provide that any term or condition thereof is effective and binding on a day before or after the day the new collective agreement becomes effective.

Powers of arbitrator

12. The arbitrator has, with such modifications as the circumstances require, all the powers and duties of an arbitrator under sections 60 and 61 of the Canada Labour Code.

Costs

13. All costs incurred by Her Majesty in right of Canada relating to the appointment of the arbitrator and the exercise of the arbitrator’s duties under this Act are debts due to Her Majesty in right of Canada and may be recovered as such, in equal parts, from the employers’ association and the Union in any court of competent jurisdiction.


Amendments To Collective Agreement

Amendments

14. Nothing in this Act shall be construed so as to limit or restrict the rights of the employers’ association and the Union to agree to amend any provision of the collective agreement extended by this Act, or any new collective agreement referred to in section 11, other than a provision relating to the term of the agreement, and to give effect thereto.


Enforcement

Individuals

15. (1) An individual who contravenes any provision of this Act 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.

Employer or union

(2) Where the employer or the union contravenes any provision of this Act, 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.

No imprisonment

16. Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under section 15.

Recovery of fines

17. Where a person is convicted of an offence under section 15 and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.

Presumption

18. For the purposes of this Act, the employer and the union are deemed to be persons.

Due diligence

19. 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 section 15.


Coming Into Force

Coming into force

Schedule I

(Subsection 2(1))

MEMBERS OF THE EMPLOYERS’ ASSOCIATION


d class="Pan Pacific Shipping Co., (Canada) Inc. White Pass Transportation Limited
Anchor Shipping Ltd.
Anglo Canadian Shipping Company
Arrow Stevedoring Inc.
Associated Stevedoring Co. Ltd.
Blue Star Pace, Ltd.
Canada Maritime Agencies Limited
Canadian Stevedoring Company Limited
Canadian Transport Company Limited
Casco Terminals Limited
Cerescorp Inc.
Coastal Containers Ltd.
Compass Marine Services Inc.
Dominion Shipping Co. Ltd.
Empire International Stevedores Ltd.
Empire Shipping Company Limited
Empire Stevedoring Company Limited
Fibreco Export Inc.
Fletcher Challenge Canada Limited — Stuart Channel Wharves Division
Fraser Surrey Docks Ltd.
Gearbulk Shipping Canada Ltd.
Global Marine (Canada) Inc.
Greer Shipping Ltd.
Inchcape Shipping Services — Canada
International Chartering Services Ltd.
Interocean Steamship Corporation
“K” Line Canada, Ltd.
Kerr Steamship Company Ltd.
Kingsley Navigation Ltd.
Lavino Shipping Agencies, a division of Wescol Shipping Inc.
Louis Wolfe & Sons (Vancouver) Ltd.
Maersk Canada Inc.
Maple Shipping
Maritime Agencies Ltd.
McLean Kennedy Inc.
Montreal Shipping Inc.
Morflot Freightliners Limited
Neptune Bulk Terminals (Canada) Ltd.
Nootka Shipping International Limited
North Pacific Shipping Company Ltd.
Norton Lilly International (Canada) Inc.
Numoor Equipment Ltd.
OOCL (Canada) Inc.
Pacific Coast Shipping and Agency Co. Ltd.
Pacific Coast Terminals Co. Ltd.
Pacific Commerce Line Inc.
Pacific Rim Stevedoring Ltd.
Pacific Rim Waterways Inc.
Pacific Stevedoring & Contracting Co. Ltd.
PacNord Agencies Ltd.
PCDC Canada Ltd.
Saga Forest Carriers International (Canada) Ltd.
Seaboard Shipping Company Limited
Seabord International Terminal Ltd.
SMI Marine Limited
Squamish Terminals Limited
Star Shipping (Canada) Ltd.
Sunline Shipping & Enterprises (Canada) Ltd.
Terminal Dock Limited
Trans-Oceanic Shipping Co. Ltd.
United Stevedoring Ltd.
Vancouver Shipping Agencies Ltd.
Vancouver Wharves Ltd.
Westcan Stevedoring Ltd.
Westcan Terminals Ltd.
Western Stevedoring Company Limited
Western Stevedoring Terminal Operations Ltd.
Westward Shipping Ltd.
Weyerhaeuser Canada Ltd.

Schedule Ii

(Subsection 2(1))

Union Locals

Locals 500, 502, 503, 504, 505, 506, 508, 515 and 519 of the International Longshoremen’s and Warehousemen’s Union — Canadian Area.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox