Law:Maintenance of Ports Operations Act, 1986

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S.c. 1986, c. 46

Assented to 1986-11-18

An Act to provide for the maintenance of 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 Maintenance of Ports Operations Act, 1986.


Interpretation

Definitions

2. (1) In this Act,

“collective agreement to which this Act applies”

« convention collective visée par la présente loi »

“collective agreement to which this Act applies”

(a) means the collective agreement between the employers association, on its own behalf and on behalf of its members, and the Union, that expired on December 31, 1985, the renewal or revision of which was the subject of proceedings before a conciliation commissioner whose report was released to the company and the union on September 8, 1986, and

(b) includes any related arrangements concerning contribution and benefit payments in respect of pensions;

“company”

« société »

“company” means the employers association or any member of the employers association, including any corporation listed in Schedule I;

“employers association”

« association patronale »

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

“union” and “the Union”

« syndicat » et « le 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 V of the Canada Labour Code.


Resumption Of Longshoring Operations

Resumption of operations and work

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

(b) every person who is ordinarily employed in longshoring or related operations at a port on the west coast of Canada and who, on December 30, 1985, was bound by the collective agreement to which this Act applies shall, when so required, return forthwith to the duties of his employment.

Obligations of union, etc.

(a) shall forthwith, on the coming into force of this Act, give notice to the members of that union who are ordinarily employed in longshoring or related operations at a port on the west coast of Canada that longshoring and related operations at ports on the west coast of Canada are to be resumed by reason of the coming into force of this Act;

(b) shall refrain from any conduct that may encourage those members of that union not to comply with paragraph 3(b);

(c) shall, in addition to the requirements of paragraph (a), take all reasonable steps to ensure that those members of that union comply with paragraph 3(b); and

(d) shall comply with any order or request made pursuant to the collective agreement to which this Act applies for the despatch of persons to perform longshoring or related operations at a port on the west coast of Canada.

Prohibition

(a) in any manner impede any person referred to in paragraph 3(b) from complying with that paragraph; or

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

Term of agreement extended

5. The term of the collective agreement to which this Act applies is extended to include the period beginning on January 1, 1986 and ending on the day on which a new collective agreement entered into between the parties thereto in amendment or revision thereof comes into effect, or on December 31, 1988, whichever is the earlier.

Terms, etc., of agreement amended


Industrial Inquiry Commission

Reference of container provision to industrial inquiry commission

Determination of matter referred

(2) As soon as possible after the appointment of the industrial inquiry commission, the commission shall determine the matters so referred under subsection (1) and, not later than June 30, 1987, make a report to the Minister setting out the conclusions of the commission on the matters in such appropriate contractual language as will enable their incorporation in accordance with this Act into the collective agreement to which this Act applies.

Distribution and publication of report

(3) On receipt of the report of the industrial inquiry commission, the Minister shall

(a) furnish a copy of the report to the company and the union; and

(b) publish the report in such manner as the Minister considers advisable.

Incorporation of conclusions in agreement

(4) On the receipt by the company and the union of the report of the industrial inquiry commission pursuant to subsection (3), the collective agreement to which this Act applies shall be deemed to be amended by the incorporation therein of the conclusions of the commission set out in the report with effect from September 1, 1987 or, where in the opinion of the Minister that date is impracticable, on a date after September 1, 1987 that is designated by the Minister as the earliest practicable date.

Powers of commission

(5) The industrial inquiry commission has and may exercise all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.


General

Strikes and lockouts prohibited

8. During the term of the collective agreement to which this Act applies, as extended by section 5,

(a) no company shall declare or cause a lockout;

(b) no person who is an officer or representative of the union shall declare or authorize a strike against a company; and

(c) no person who is bound by the collective agreement to which this Act applies shall participate in a strike against a company.

Agreement binding for extended term

9. The terms and conditions of the collective agreement to which this Act applies, as amended pursuant to this Act, are effective and binding on the parties thereto for the period mentioned in section 5 notwithstanding anything in Part V of the Canada Labour Code or in that agreement, and

(a) Part V of the Canada Labour Code applies in respect of the agreement, as so amended, as if the period for which the agreement is extended by this Act were the term of the agreement; and

(b) the agreement, as so amended, shall, for the purposes of any Act of Parliament, be deemed to be an agreement between the company and each of its employees who are members of the union on all matters relating to their employment.

Development of appropriate contractual language


Referee

Appointment

11. (1) Where, in the opinion of the Minister, the parties to the collective agreement to which this Act applies are unable to agree on the interpretation of an amendment referred to in section 6 that is deemed to be incorporated in the agreement or are unable to agree on the appropriate contractual language of any such amendment, the Minister may appoint a referee who shall

(a) where interpretation of an amendment is in dispute, interpret the amendment for the purpose of its incorporation in the agreement; and

(b) where the appropriate contractual language of an amendment is in dispute, determine the appropriate contractual language of the amendment.

Collective agreement superseded

(2) Where an amendment made by this Act to the collective agreement to which this Act applies is referred to a referee appointed under subsection (1) for interpretation or determination, any provisions of the agreement that relate to the settlement of disputes between the parties to the agreement do not apply in respect of the matter so referred.

Referee’s decision final

(3) Where, under subsection (1), a referee interprets an amendment or determines the appropriate contractual language of an amendment in respect of the collective agreement to which this Act applies and so reports to the parties to the agreement and the Minister, the amendment is thereupon deemed to be finally interpreted or determined, as the case may be, for the purposes of the agreement.

Powers of referee

(4) For the purposes of this Act, a referee appointed under subsection (1) has, with such modifications as the circumstances require, all the powers conferred on a conciliation board under section 175 of the Canada Labour Code.


Alteration Of Agreement

Parties may vary or amend agreement

12. Nothing in this Act shall be deemed to limit or restrict the rights of the parties to the collective agreement to which this Act applies to agree to vary or amend any of the provisions of the agreement as amended pursuant to this Act, other than a provision relating to the term of the agreement, and to give effect thereto.


Offences

Punishment for offences

13. (1) Where an individual, the union or a company contravenes any provision of this Act, the individual, union or company, as the case may be, 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) subject to paragraph (b), of not less than $500 and not more than $1,000, in the case of an individual who is convicted of the offence;

(b) of not less than $10,000 and not more than $50,000 where, in the case of an individual who is convicted of the offence, the individual was an officer or representative of the union or of the company and the offence was committed while the individual was acting in that capacity; or

(c) of not less than $20,000 and not more than $100,000, in the case of a company or the union that is convicted of the offence.

Additional punishment

(2) No officer or representative of a union who is convicted of an offence under this Act that was committed while the officer or representative was acting in that capacity shall be employed in any capacity by, or act as an officer or representative of, the union at any time during the five years immediately after the date of the conviction.

Idem

(3) No officer or representative of a member of the employers association, including any corporation listed in Schedule I, who is convicted of an offence under this Act shall be employed in any capacity by, or act as an officer or representative of, the employers association at any time during the five years immediately after the date of the conviction.


Coming Into Force

Coming into force

Schedule I

(Subsection 2(1))

American President Lines, Ltd.

Anchor Shipping Ltd.

Anglo Canadian Shipping Company

Arrow Stevedoring Inc.

Associated Stevedoring Co. Ltd.

Balfour Guthrie Marine

BCFP Limited — Stuart Channel Wharves Division

BCL Shipping Ltd.

Canadian Stevedoring Company Limited

Canadian Transport Company

Casco Terminals Limited

Cassiar Mining Corporation

Cerescorp Inc.

Compass Marine Services Inc.

Dodwell of Canada Ltd.

Dominion Shipping Co. Ltd.

Empire Shipping Company Limited

Empire Stevedoring Company Ltd.

Empire Stevedoring (Dock Operations) Ltd.

Fibreco Export Inc.

First Ocean Marine Services Ltd.

Fleetham Cargo Services Limited

Fraser Surrey Docks Ltd.

Gearbulk Shipping Canada Ltd.

Greer Shipping Ltd.

Hoegh Lines Agencies, Inc.

Interocean Steamship Corporation

Johnson, Walton Steamships Ltd.

Kerr Steamship Company Ltd.

Kingsley Navigation Ltd.

Louis Wolfe & Sons (Vancouver) Ltd.

Maersk Line Agency (Canada) Inc.

Manchester Liners Services (Canada) Inc.

Maple Leaf Shipping Company Limited

Maple Shipping Company Limited

Maritime Agencies Ltd.

Montreal Shipping Inc.

Morflot Freightliners Limited

Neptune Bulk Terminals (Canada) Ltd.

Nootka Shipping Ltd.

North Pacific Shipping Company Ltd.

Norton Lilly & Co. (Canada) Ltd.

Numoor Equipment Ltd.

P.C.D.C. Canada Ltd.

Pacific Coast Terminals Co. Ltd.

Pacific Rim Stevedoring Ltd.

Pacific Stevedoring & Contracting Co. Ltd.

P & O Inc. (Princess Cruises)

Seaboard Shipping Company Limited

Showa Maritime Canada Ltd.

Squamish Terminals Limited

Star Shipping (Canada) Ltd.

Terminal Dock Limited

Trans-Oceanic Shipping Co. Ltd.

Transpacific Transportation Co. Ltd.

Vancouver Island Stevedoring Co. Ltd.

Vancouver Shipping Agencies Limited

Vancouver Wharves Limited

Westcan Stevedoring Ltd.

Westcan Terminals Ltd.

Western Stevedoring Company Limited

Westward Shipping Ltd.

Weyerhaeuser Canada Limited

White Pass Transportation Limited

World Pacific Shipping Ltd.

Schedule Ii

(Subsection 2(1))

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


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