Short Title

Marginal note:Short title

1 This Act may be cited as the West Coast Ports Operations Act, 1994.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  collective agreement

  convention collective

  collective agreement means the collective agreement between the employers’ association and the Union, that expired on December 31, 1992, and includes any related arrangements concerning contribution and benefit payments in respect of pensions; (convention collective)

  employee

  employé

  employee means a person who is employed by the employer and is bound by the collective agreement; (employé)

  employer

  employeur

  employer means the employers’ association and any member of the employers’ association, including any member named in Schedule I; (employeur)

  employers’ association

  association patronale

  employers’ association means the British Columbia Maritime Employers’ Association; (association patronale)

  Minister

  ministre

  Minister means Minister within the meaning of the Canada Labour Code; (ministre)

  union and the Union

  syndicat

  union means the Union, any local thereof specified in Schedule II and any other local thereof that represents persons ordinarily employed in longshoring or related operations at any port on the west coast of Canada, and the Union means the International Longshoremen’s and Warehousemen’s Union — Canadian Area. (syndicat)

• Marginal note:Words and expressions

  (2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part I of the Canada Labour Code.

Resumption of Longshoring Operations

Marginal note:Resumption of operations and work

Footnote ^*3 On the coming into force of this Act,

• (a) the employer shall forthwith resume longshoring and related operations at ports on the west coast of Canada; and

• (b) every employee shall, when required to do so, forthwith resume the duties of that employee’s employment.

  • Return to footnote ^*[Note: Act in force on the expiration of the twelfth hour after the time at which this Act is assented to (assent date being February 8, 1994), see section 20.]

Obligations

Marginal note:Obligations of employer

Footnote ^*4 Neither the employer nor any officer or representative of the employer shall

• (a) in any manner impede any employee from complying with paragraph 3(b); or

• (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of that employee’s having been on strike before the coming into force of this Act.

  • Return to footnote ^*[Note: Act in force on the expiration of the twelfth hour after the time at which this Act is assented to (assent date being February 8, 1994), see section 20.]

Marginal note:Obligations of union

Footnote ^*5 The union and each officer and representative of the union shall

• (a) forthwith on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, longshoring and related operations at ports on the west coast of Canada are to be resumed and that the employees, when required to do so, are forthwith to resume the duties of their employment;

• (b) take all reasonable steps to ensure that employees comply with paragraph 3(b);

• (c) refrain from any conduct that may encourage employees not to comply with paragraph 3(b); and

• (d) comply with any order or request made pursuant to the collective agreement for the dispatch of employees to perform longshoring or related operations at a port on the west coast of Canada.

  • Return to footnote ^*[Note: Act in force on the expiration of the twelfth hour after the time at which this Act is assented to (assent date being February 8, 1994), see section 20.]

Marginal note:Extension of collective agreement

• 6 (1) The term of the collective agreement is extended to include the period beginning on January 1, 1993 and ending on the day on which a new collective agreement between the employers’ association and the Union comes into effect.

• Marginal note:Collective agreement binding for extended term

  (2) The collective agreement, as extended by this Act, is effective and binding on the employer and the union for the period for which it is extended notwithstanding anything in Part I of the Canada Labour Code or in the collective agreement, and Part I of that Act applies in respect of the collective agreement as if that period were the term of the collective agreement.

Marginal note:Strikes and lockouts prohibited

7 During the term of the collective agreement, as extended by subsection 6(1),

• (a) the employer shall not declare or cause a lockout against the union;

• (b) no officer or representative of the union shall declare or authorize a strike against the employer; and

• (c) no employee shall participate in a strike against the employer.

Final Offer Selection

Marginal note:Recommendation of person to be arbitrator

• Footnote ^*8 (1) At any time within seven days after the coming into force of this Act, the employers’ association and the Union may provide the Minister with the name of a person that they jointly recommend be appointed arbitrator for the purpose of final offer selection.

  • Return to footnote ^*[Note: Act in force on the expiration of the twelfth hour after the time at which this Act is assented to (assent date being February 8, 1994), see section 20.]

• Marginal note:Appointment of arbitrator

  (2) The Minister shall, as soon as practicable, appoint the person recommended under subsection (1) as arbitrator for final offer selection, and where no person is recommended under subsection (1) within the period referred to in that subsection, the Minister shall, as soon as practicable, appoint as arbitrator for final offer selection such person as the Minister considers appropriate.

Marginal note:Obligation to provide final offer

• 9 (1) Within such time and in such manner as the arbitrator may specify, the employers’ association and the Union shall each submit to the arbitrator

  • (a) a list of the matters on which the employers’ association and the Union were in agreement as of February 7, 1994 and proposed contractual language that would give effect to those matters;

  • (b) a list of the matters remaining in dispute on February 7, 1994; and

  • (c) a final offer in respect of the matters referred to in paragraph (b).

• Marginal note:Contractual language

  (2) The final offer referred to in paragraph (1)(c) must be submitted with proposed contractual language that can be incorporated into the new collective agreement.

Marginal note:Duties of arbitrator

• 10 (1) Within ninety days after being appointed, or within such greater period as may be specified by the Minister, the arbitrator shall

  • (a) determine the matters on which the employers’ association and the Union were in agreement as of February 7, 1994;

  • (b) determine the matters remaining in dispute on February 7, 1994;

  • (c) select, in order to resolve the matters remaining in dispute, either the final offer submitted by the employers’ association or the final offer submitted by the Union;

  • (d) make a decision in respect of the resolution of the matters referred to in this subsection and send a copy of the decision to the employers’ association and the Union; and

  • (e) forward a copy of the decision to the Minister.

• Marginal note:Where no final offer submitted

  (2) Where either the employers’ association or the Union fails to provide the arbitrator with a final offer in accordance with paragraph 9(1)(c), the arbitrator shall select the final offer provided by the other party.

• Marginal note:Contractual language

  (3) The arbitrator’s decision shall be drafted in such manner as to constitute a new collective agreement between the employers’ association and the Union and, to the extent that it is possible, incorporate the contractual language referred to in paragraph 9(1)(a) and the final offer selected by the arbitrator.

Marginal note:New collective agreement

• 11 (1) The arbitrator’s decision constitutes a new collective agreement between the employers’ association and the Union effective as of the day it is made until December 31, 1995 notwithstanding anything in Part I of the Canada Labour Code, and Part I of that Act applies in respect of the collective agreement as if it had been entered into pursuant to that Part.

• Marginal note:Application

  (2) The new collective agreement may provide that any term or condition thereof is effective and binding on a day before or after the day the new collective agreement becomes effective.

Marginal note:Powers of arbitrator

12 The arbitrator has, with such modifications as the circumstances require, all the powers and duties of an arbitrator under sections 60 and 61 of the Canada Labour Code.

Marginal note:Costs

13 All costs incurred by Her Majesty in right of Canada relating to the appointment of the arbitrator and the exercise of the arbitrator’s 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 employers’ association and the Union in any court of competent jurisdiction.

Amendments to Collective Agreement

Marginal note:Amendments

14 Nothing in this Act shall be construed so as to limit or restrict the rights of the employers’ association and the Union to agree to amend any provision of the collective agreement extended by this Act, or any new collective agreement referred to in section 11, other than a provision relating to the term of the agreement, and to give effect thereto.

Enforcement

Marginal note:Individuals

• 15 (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

  • (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:Employer or union

  (2) Where 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

16 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 15.

Marginal note:Recovery of fines

17 Where a person is convicted of an offence under section 15 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.

Marginal note:Presumption

18 For the purposes of this Act, the employer and the union are deemed to be persons.

Marginal note:Due diligence

19 For greater certainty, nothing in this Act shall be construed so as to restrict a person from raising a defence of due diligence in a prosecution for an offence under section 15.

Coming into Force

Marginal note:Coming into force

Footnote ^*20 This Act shall come into force on the expiration of the twelfth hour after the time at which it is assented to.

• Return to footnote ^*[Note: Act assented to February 8, 1994.]