Maintenance of Railway Operations Act, 1995 (S.C. 1995, c. 6)

Marginal note:Proceedings prohibited

16. No order shall be made, no process shall be entered into and no proceeding shall be taken in any court

• (a) to question the establishment of a Commission or the appointment of any member of a Commission; or

• (b) to review, prohibit or restrain any proceeding or decision of a Commission.

Marginal note:Costs to be paid by Her Majesty

• 17. (1) Subject to subsection (2), all costs relating to the establishment of each Commission and the exercise of its duties shall be paid by Her Majesty in right of Canada.

• Marginal note:Costs to be paid by employer and unions

  (2) The employer and the union representing a bargaining unit in respect of which a Commission was established shall each pay their own costs incurred in relation to the application of this Part, and each shall pay the fees and expenses of the member of the Commission who is appointed, or deemed to have been appointed, by it.

• Marginal note:Recovery

  (3) All amounts paid by Her Majesty in right of Canada in respect of a Commission are debts due to Her Majesty in right of Canada and may be recovered as such, in equal parts, in any court of competent jurisdiction from the employer and the union representing the bargaining unit in respect of which the Commission was established.

Marginal note:Parties may amend collective agreement

18. Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to a collective agreement to agree to amend any provision of any collective agreement the term of which is extended by this Part or any provision of any new collective agreement established by this Part, other than a provision relating to the term of the collective agreement, and to give effect thereto.

Marginal note:Individuals

• 19. (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 of not more than

  • (a) $50,000, where the individual was acting in the capacity of an officer or representative of the employer or a union when the offence was committed; and

  • (b) $1,000, in any other case.

• Marginal note:Employer or union

  (2) Where the employer or a 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:No imprisonment

20. Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under section 19.