Maintenance of Railway Operations Act, 1995 (S.C. 1995, c. 6)
Full Document:
Act current to 2013-04-29
Marginal note:Duties
55. (1) Within seventy days after its establishment or such longer period as the Minister may allow, each Commission shall
(a) for the purpose of concluding a new collective agreement between the employer and the union representing the bargaining unit in respect of which the Commission was established,
(i) endeavour to mediate all the matters referred to it and to bring about an agreement between the employer and the union on those matters, and
(ii) if the Commission is unable to do so in respect of any such matter, hear the employer and the union on the matter, arbitrate the matter and render a decision;
(b) fix a date for the termination of the new collective agreement established by this Part between the employer and the union, which date may not be earlier than December 31, 1997; and
(c) report to the Minister on the resolution of all such matters.
Marginal note:Appropriate contractual language
(2) Each Commission shall ensure that any agreement or decision referred to in paragraph (1)(a) is in appropriate contractual language so as to allow its incorporation into the appropriate collective agreement or, where necessary, draft a new agreement between the employer and the union that contains all agreements and decisions referred to in that paragraph.
Marginal note:Guiding principle
56. Each Commission shall be guided by the need for terms and conditions of employment that are consistent with the economic viability and competitiveness of a coast-to-coast rail system in both the short and the long term, taking into account the importance of good labour-management relations.
Marginal note:Powers
57. Each Commission has, with such modifications as the circumstances require,
(a) for the purposes of the mediation referred to in subparagraph 55(1)(a)(i), 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 subparagraph 55(1)(a)(ii), all the powers and duties of an arbitrator under sections 60 and 61 of that Act
and, with the approval of the Minister, may engage the services of such technical advisers or other experts and assistants as the Commission considers necessary.
Marginal note:Decisions of Commission
58. The decision of a majority of the members of a Commission is the decision of the Commission, but if a majority of the members of the Commission cannot agree on a decision, the decision of the Chairperson of the Commission is the decision of the Commission.
Marginal note:Incorporation in collective agreement
59. (1) As of the day that a Commission reports to the Minister pursuant to paragraph 55(1)(c), each collective agreement between the employer and a union shall be deemed to be amended by the incorporation therein of
(a) any agreement resolving the matters in dispute between the employer and the union arrived at before, or pursuant to, mediation by the Commission; and
(b) any decision of the Commission in respect of any matters arbitrated by it.
Marginal note:New collective agreement
(2) Each collective agreement amended by subsection (1), or each new agreement drafted by the Commission pursuant to subsection 55(2), as the case may be, constitutes a new collective agreement that, subject to subsection (3), is effective and binding on the parties thereto for a period beginning on the day on which the report of the Commission is submitted to the Minister and ending on the day fixed by the Commission pursuant to paragraph 55(1)(b), notwithstanding anything in Part I of the Canada Labour Code, and that Part applies in respect of the new collective agreement as if it had been entered into pursuant to that Part.
Marginal note:Coming into effect of provisions
(3) A new collective agreement established by this Part may provide that any provision thereof is effective and binding on a day before or after the day on which the new collective agreement becomes effective and binding.
- Date modified:
