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

Marginal note:Appointment of mediator-arbitrator

• 19. (1) The Minister shall, after the coming into force of this Part, appoint a mediator-arbitrator and refer to the mediator-arbitrator all matters relating to the amendment or revision of the collective agreement that, at the time of the appointment, remain in dispute between the union and the employer.

• Marginal note:Duties

  (2) The mediator-arbitrator shall, within ninety days after the mediator-arbitrator’s appointment or such longer period as the Minister may allow,

  • (a) endeavour to mediate all the matters referred to in subsection (1) and to bring about agreement between the union and the employer on those matters;

  • (b) if the mediator-arbitrator is unable to bring about agreement in respect of any such matter, hear the union and the employer on the matter, arbitrate the matter and render a decision in respect thereof; and

  • (c) report to the Minister on the resolution of all such matters.

• Marginal note:Powers

  (3) The mediator-arbitrator has, with such modifications as the circumstances require,

  • (a) for the purposes of the mediation referred to in paragraph (2)(a), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code; and

  • (b) for the purposes of the arbitration referred to in paragraph (2)(b), all the powers and duties of an arbitrator under sections 60 and 61 of that Act.

• Marginal note:Form of decision

  (4) The decision of the mediator-arbitrator in respect of any matter arbitrated by the mediator-arbitrator shall be set out in such form as will enable the decision to be incorporated into the collective agreement in accordance with section 20.

Marginal note:Incorporation in collective agreement

20. When the mediator-arbitrator reports to the Minister pursuant to subsection 19(2), the collective agreement shall be deemed to be amended by the incorporation therein of any amendments agreed to by the union and the employer 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

21. 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

• 22. (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 the 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 the 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.