Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note:Presumption

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

Marginal note: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.

Marginal note: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.