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Postal Services Resumption and Continuation Act (S.C. 2018, c. 25)

Assented to 2018-11-26

Mediator-Arbitrator (continued)

Marginal note:New collective agreements not precluded

 Nothing in this Act precludes the parties to a collective agreement from entering into a new collective agreement at any time before the mediator-arbitrator reports to the Minister under paragraph 11(1)(c) and, if they do so, the mediator-arbitrator’s duties under this Act respecting the collective agreement cease as of the day on which the new collective agreement is entered into.

Marginal note:Costs

 All costs incurred by Her Majesty in right of Canada relating to the appointment of the mediator-arbitrator and the performance of their duties under this Act are debts due to Her Majesty in right of Canada and may be recovered as such, in equal parts from the employer and the union, in any court of competent jurisdiction.

New Collective Agreements

Marginal note:New collective agreement

  •  (1) Despite anything in Part I of the Canada Labour Code, but subject to subsection (2), beginning on the day after the day on which the mediator-arbitrator reports to the Minister under paragraph 11(1)(c) in respect of the matters that were referred to them in respect of the amendment or revision of a collective agreement (in this subsection referred to as the “former collective agreement”), a new collective agreement consisting of the following is effective and binding on the parties:

    • (a) every agreement entered into by the parties, before the appointment of the mediator-arbitrator, in relation to the amendment or revision of the former collective agreement;

    • (b) every agreement entered into by the parties, after the appointment of the mediator-arbitrator, in relation to the matters that were referred to the mediator-arbitrator relating to the amendment or revision of the former collective agreement; and

    • (c) every decision made by, and every final offer selected by, the mediator-arbitrator under paragraph 11(1)(b) in relation to the matters referred to in paragraph (b).

  • Marginal note:Application

    (2) Part I of the Canada Labour Code applies in respect of the new collective agreement as if it had been entered into under that Part.

  • Marginal note:Coming into effect of provisions

    (3) The new collective agreement may provide that any of its provisions are effective and binding as of a day that is before or after the day on which the new collective agreement becomes effective and binding.

  • Marginal note:Amendments

    (4) Nothing in this Act is to be construed so as to limit or restrict the rights of the parties to the new collective agreement to amend any of its provisions and to give effect to the amendment.

Enforcement

Marginal note:Individuals

  •  (1) An individual who contravenes any provision of this Act 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, if 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) $1,000, in any other case.

  • Marginal note:Employer or union

    (2) If the employer or the union contravenes any provision of this Act, 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

    (3) Despite subsection 787(2) of the Criminal Code, no term of imprisonment is to be imposed in default of payment of a fine that is imposed under subsection (1) or (2).

  • Marginal note:Recovery of fines

    (4) If a person is convicted of an offence under subsection (1) or (2) and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.

Coming into Force

Marginal note:Noon of day after royal assent

 This Act comes into force at noon Eastern Standard Time on the day after the day on which it receives royal assent.

 
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