British Columbia Grain Handling Operations Act (S.C. 1991, c. 25)

Full Document:

Act current to 2013-04-29

British Columbia Grain Handling Operations Act

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:

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

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.

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.

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.
Marginal note: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).