Marginal note:Provision of compensation plans of no force or effect

13. A provision of a compensation plan for employees to whom this Act applies that is entered into or established at any time is of no force or effect to the extent that it provides for an increase in wage rates that would bring wage rates to a level that they would, but for this Act, have reached.

Marginal note:Prohibitions

• 14. (1) During the period beginning on the day on which this Act comes into force in which a compensation plan, as extended under section 5 or 6, or in respect of which section 11 applies, is in force,

  • (a) no bargaining agent shall declare, authorize or direct, or condone or acquiesce in the continuation of, a strike of employees to whom the compensation plan applies;

  • (b) no representative or officer of a bargaining agent shall counsel or procure the declaration, authorization or direction of, or condone or acquiesce in the continuation of, a strike of those employees; and

  • (c) no employee to whom the compensation plan applies shall participate in a strike.

• Marginal note:Definition of “condone or acquiesce”

  (2) For the purposes of paragraphs (1)(a) and (b), “condone or acquiesce” with respect to the continuation of a strike, means

  • (a) to fail to give notice to employees participating in the strike that they are to resume the duties of their employment immediately;

  • (b) to fail to take reasonable steps to ensure that the employees resume the duties of their employment immediately; and

  • (c) to do anything that may encourage the employees not to resume the duties of their employment.

Marginal note:Offence — bargaining agent

15. Every bargaining agent that contravenes section 14 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 not exceeding $100,000.

Marginal note:Offence — representatives and officers

16. Every representative or officer of a bargaining agent that contravenes section 14 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 not exceeding $50,000.

Marginal note:Offence — employees

17. Every employee who contravenes section 14 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 not exceeding $1,000.

Marginal note:Deeming provision

18. For the purposes of enforcement proceedings under sections 14 to 17, a bargaining agent is deemed to be a person.