2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-312

An Act to provide for the settlement of labour disputes affecting west coast ports by final offer arbitration

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Final Offer Arbitration in Respect of West Coast Ports Operations Act.

INTERPRETATION

Definition of
``Minister''

2. In this Act, ``Minister'' means Minister within the meaning of the Canada Labour Code.

GENERAL

General

3. For greater certainty, this Act applies to any collective agreement extended between an employer and its employees under the West Coast Ports Operations Act, 1995 and any subsequent collective agreement between those parties.

ORDER OF THE MINISTER

Order of the Minister

4. Notwithstanding the provisions of the Canada Labour Code, where the Minister is of the opinion that a strike or a lockout in a west coast port poses an immediate and substantial threat to the economy of Canada or to the national interest, the Minister may, by order,

    (a) suspend the right to strike or lockout in that port; and

    (b) when a strike or lockout has occurred, direct the employer to resume operations and the employees to return to work, as the case may be.

FINAL OFFER ARBITRATION

Notice of final offer arbitration

5. Where the Minister makes an order pursuant to section 4, the Minister shall forthwith give notice to the trade union and the employer that the collective bargaining dispute is to be settled by final offer arbitration.

Joint recommenda-
tion of arbitrator

6. The trade union and the employer may, within seven days following receipt of the notice given under section 5, provide the Minister with the name of a person they jointly recommend be appointed arbitrator for the purpose of final offer arbitration.

Appointment of arbitrator

7. The Minister shall, within fifteen days of giving the notice under section 5,

    (a) appoint the arbitrator jointly recommended by the trade union and the employer under section 6; or

    (b) where the trade union and the employer have not jointly recommended an arbitrator, appoint as arbitrator for final offer arbitration such person as the Minister considers appropriate.

Rules of procedure

8. (1) In the absence of an agreement by the arbitrator and the parties as to the procedure to be followed, a final offer arbitration shall be governed by such rules of procedure as the Minister, with the approval of the Governor in Council, may prescribe.

Procedure

(2) The arbitrator shall conduct the arbitration proceedings as expeditiously as possible and, subject to subsection (1), in such manner as the arbitrator considers appropriate, having regard to the circumstances of the matter.

Final offer

9. (1) An arbitrator appointed under section 7 shall forthwith require the trade union and the employer to provide to the arbitrator, in writing, within fifteen days,

    (a) a list of the matters agreed upon by both parties and a proposal in contractual language to give effect to these matters;

    (b) a list of the matters remaining in dispute; and

    (c) the final offer submitted by the trade union and the final offer submitted by the employer.

Determina-
tion by arbitrator

(2) Within ninety days after being appointed or within such greater period as the Minister may, on application by the arbitrator, agree to, the arbitrator shall

    (a) determine the matters on which the trade union and the employer are in agreement;

    (b) determine the matters remaining in dispute;

    (c) select, in order to resolve the matters remaining in dispute, either the final offer submitted by the trade union or the final offer submitted by the employer; and

    (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 trade union, the employer and the Minister.

Failure to submit final offer

(3) If either party fails to submit a final offer to the arbitrator within the time specified in subsection (1), the arbitrator shall select the final offer submitted by the other party.

Arbitrator's decision final

10. (1) The decision of the arbitrator made pursuant to section 9 is binding on the trade union and the employer from the day following the day it is received by the last to receive it, or from a subsequent day specified by the arbitrator.

Retroactive effect

(2) Subsection (1) does not prevent the decision of the arbitrator from including elements that are effective from a date prior to the date it is reported to the trade union and the employer.

Decision not to be reviewed

(3) The decision of the arbitrator made pursuant to section 9 is final and shall not be questioned or reviewed in any court.

Proceedings prohibited

(4) No order shall be made, no process entered into and no proceeding taken in any court

    (a) to question the appointment of an arbitrator by the Minister; or

    (b) to review, prohibit or restrain any proceeding of an arbitrator appointed under this Act.

Report, record of proceeding not evidence

11. No report of an arbitrator and no document provided to the arbitrator by the trade union or the employer is admissible in evidence in any court in Canada except in the case of a prosecution for perjury.

Status

12. For the purposes of the Federal Court Act, an arbitrator appointed under this Act is not a federal board, commission or other tribunal within the meaning of that Act.

Payment of fees and costs

13. The fees and costs of an arbitrator resulting from performance of the obligations under this Act shall be paid equally by the employer and the trade union.

OFFENCES AND PENALTIES

Offence and penalty

14. Every employer that contravenes an order of the Minister made under section 4 is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000 for each day that the lockout continues.

Offence and penalty

15. Every trade union that contravenes an order of the Minister made under section 4 is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000 for each day that the strike continues.