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(b) any decision of the Commission in
respect of any matters arbitrated by it.
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| 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.
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| 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.
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| Proceedings
prohibited
|
60. No order shall be made, no process shall
be entered into and no proceeding shall be
taken in any court
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(a) to question the establishment of a
Commission or the appointment of any
member of a Commission; or
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|
(b) to review, prohibit or restrain any
proceeding or decision of a Commission.
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| Costs to be
paid by Her
Majesty
|
61. (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.
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| 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.
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| 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.
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| Parties may
amend
collective
agreement
|
62. 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.
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| Individuals
|
63. (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
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(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
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|
(b) $1,000, in any other case.
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| 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.
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| No
imprisonment
|
64. 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 63.
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| Recovery of
fines
|
65. Where a person is convicted of an
offence under section 63 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.
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| Presumption
|
66. For the purposes of this Part, each union
is deemed to be a person.
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| Exception
|
67. Nothing in this Part applies in respect of
any collective agreement entered into after
January 1, 1995 and before the coming into
force of this Part.
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| Coming into
force
|
68. This Part and Schedule III shall come
into force on the expiration of the twelfth hour
after the time at which this Act is assented to.
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