Protecting Air Service Act (S.C. 2012, c. 2)

Marginal note:Continuation or resumption of air service operations

6. On the coming into force of this Act,

• (a) the employer must continue, or resume without delay, as the case may be, air service operations; and

• (b) every employee must, when so required, continue, or resume without delay, as the case may be, the duties of their employment.

Marginal note:Prohibitions

7. It is prohibited for the employer and for any officer or representative of the employer to

• (a) in any manner impede any employee from complying with paragraph 6(b); or

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

Marginal note:Obligations

8. The union and each officer and representative of the union must

• (a) without delay on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, air service operations are to be continued or resumed, as the case may be, and that the employees, when so required, are to continue, or resume without delay, as the case may be, the duties of their employment;

• (b) take all reasonable steps to ensure that employees comply with paragraph 6(b); and

• (c) refrain from any conduct that may encourage employees not to comply with paragraph 6(b).

Marginal note:Extension

• 9. (1) The term of the collective agreement is extended to include the period beginning on April 1, 2011 and ending on the day on which a new collective agreement between the employer and the union comes into effect.

• Marginal note:Collective agreement binding for extended term

  (2) Despite anything in the collective agreement or in Part I of the Canada Labour Code, the collective agreement, as extended by subsection (1), is effective and binding on the parties to it for the period for which it is extended. However, that Part applies in respect of the collective agreement, as extended, as if that period were the term of the collective agreement.

Marginal note:Strikes and lockouts prohibited

10. Until the day on which the collective agreement, as extended by subsection 9(1), expires, it is prohibited

• (a) for the employer and for any officer or representative of the employer to declare or cause a lockout against the union;

• (b) for the union and for any officer or representative of the union to declare or authorize a strike against the employer; and

• (c) for an employee to participate in a strike against the employer.