Bill C-77

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Royal Assent

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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.
Proceedings prohibited	38. No order shall be made, no process shall be entered into and no proceeding shall be taken in any court
	(a) to question the establishment of a Commission or the appointment of any member of a Commission; or
	(b) to review, prohibit or restrain any proceeding or decision of a Commission.
	Costs
Costs to be paid by Her Majesty	39. (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.
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.
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.
	Amendment of Collective Agreement
Parties may amend collective agreement	40. 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.
	Enforcement
Individuals	41. (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
	(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
	(b) $1,000, in any other case.
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.
No imprisonment	42. 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 41.
Recovery of fines	43. Where a person is convicted of an offence under section 41 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.
Presumption	44. For the purposes of this Part, each union is deemed to be a person.
	Exception
Exception	45. 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.
	Coming into Force
Coming into force	46. This Part and Schedule II shall come into force on the expiration of the twelfth hour after the time at which this Act is assented to.
	PART III
	VIA RAIL CANADA INC.
	Interpretation
Definitions	47. (1) In this Part,
``collective agreement'' « convention collective »	``collective agreement'' means a collective agreement between the employer and a union that expired on December 31, 1993, and includes any related arrangements between the employer and the union concerning terms and conditions of employment or benefits related to employment;
``Commission '' « commission »	``Commission'' means a Mediation-Arbitration Commission established under this Part;
``employee'' « employé »	``employee'' means a person who is employed by the employer and is a member of a bargaining unit represented by a union;
``employer'' « employeur »	``employer'' means Via Rail Canada Inc.;
``Minister'' « ministre »	``Minister'' means the Minister of Labour;
``union'' « syndicat »	``union'' means a trade union named in Schedule III.
Words and expressions	(2) Unless otherwise provided, words and expressions used in this Part have the same meaning as in Part I of the Canada Labour Code.
	Railway Operations
Operations	48. On the coming into force of this Part,
	(a) the employer shall continue or forthwith resume, as the case may be, operation of railway and subsidiary services; and
	(b) every employee shall, when required to do so, continue or forthwith resume, as the case may be, the duties of that employee's employment.
	Obligations
Obligations of employer	49. Neither the employer nor any officer or representative of the employer shall
	(a) in any manner impede any employee from complying with paragraph 48(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 Part.
Obligations of unions	50. Each union and each officer and representative of each union shall
	(a) forthwith on the coming into force of this Part, give notice to the employees who are members of a bargaining unit represented by the union that, by reason of that coming into force, railway and subsidiary services are to be continued or resumed, as the case may be, and that those employees, when required to do so, are to continue or forthwith resume, as the case may be, the duties of their employment;
	(b) take all reasonable steps to ensure that those employees comply with paragraph 48(b); and
	(c) refrain from any conduct that may encourage employees to not comply with paragraph 48(b).
	Extension of Collective Agreements
Extension of collective agreements	51. (1) The term of each collective agreement between the employer and a union is extended to include the period beginning on January 1, 1994 and ending on the day on which a new collective agreement between the employer and the union comes into effect.
Collective agreements binding for extended term	(2) Each collective agreement extended by subsection (1) is effective and binding on the parties to it for the period for which it is extended, notwithstanding anything in the collective agreement or in Part I of the Canada Labour Code, and Part I of that Act applies in respect of the collective agreement as if that period were the term of the collective agreement.
	Strikes and Lockouts Prohibited
Strikes and lockouts prohibited	52. During the term of each collective agreement, as extended by subsection 51(1),
	(a) the employer shall not declare or cause a lockout against the union that is a party to the collective agreement;
	(b) no officer or representative of the union that is a party to the collective agreement shall declare or authorize a strike against the employer; and
	(c) no employee who is bound by the collective agreement shall participate in a strike against the employer.
	Mediation-Arbitration Commissions
Mediation-Ar bitration Commissions	53. After the coming into force of this Part, a Mediation-Arbitration Commission shall be established in accordance with section 54 in respect of each of the following bargaining units and the Minister shall, subject to subsection 54(8), refer to each Commission all matters that at the time of the establishment of the Commission remain in dispute between the parties in relation to the conclusion of a new collective agreement:
	(a) the bargaining unit of locomotive engineers represented by the Brotherhood of Locomotive Engineers;
	(b) the bargaining unit of shopcraft employees represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada) pursuant to an order issued by the Canada Labour Relations Board on April 27, 1994;
	(c) the bargaining unit of maintenance of way employees represented by the Brotherhood of Maintenance of Way Employees;
	(d) the bargaining unit of off-train employees referred to in an order issued by the Canada Labour Relations Board on January 25, 1985 represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada);
	(e) the bargaining unit of on-board service employees represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - Canada); and
	(f) the bargaining unit of all running trades employees represented by the United Transportation Union.
Composition	54. (1) Each Commission shall consist of a Chairperson and two other members, one of whom shall represent the union representing the bargaining unit and the other of whom shall represent the employer.
Appointment of members	(2) Forthwith after the coming into force of this Part, the Minister shall, by notice in writing in respect of each Commission, require the employer and the union representing the bargaining unit to each appoint a person to represent it on the Commission.
Failure to appoint	(3) Where the employer or a union fails or neglects to appoint a member of a Commission within seven days after receiving the notice referred to in subsection (2), the Minister shall appoint, as a member of the Commission, a person whom the Minister considers to be qualified to be such a member, and the member so appointed shall be deemed to have been appointed by the employer or the union, as the case may be.
Appointment of Chairperson	(4) The Minister shall, before giving the notice referred to in subsection (5), appoint as Chairperson of a Commission a person whom the Minister considers to be qualified to be Chairperson.
Notification to parties	(5) When the employer and the union representing the bargaining unit have notified the Minister of their appointment of a person to represent them, or when a member is deemed to have been appointed for them, the Minister shall give notice to the employer and the union of the names of the members of the Commission, and thereupon it shall be conclusively presumed that the Commission described in the notice has been established as of the date the notice is given.
Substitution of member	(6) Where a person ceases to be a member of a Commission before the Commission has completed its work, another member shall be appointed in the person's place in accordance with this section.
Same person may be appointed	(7) A person may be appointed to more than one Commission.
Tentative agreements	(8) Where the employer and a union representing a bargaining unit referred to in section 53 have, before the issuance of the notice referred to in subsection (2) or (5),
	(a) reached a tentative agreement for the resolution of the matters in dispute between them, or
	(b) agreed to a process for the final resolution of those matters,
	the Minister may defer the giving of the notice until such time as the Minister considers appropriate, and if a new collective agreement is entered into between the employer and the union in respect of the bargaining unit before that time, a Commission need not be established in respect of the bargaining unit.
Matters referred to Commission	(9) Where the giving of the notice referred to in subsection (2) or (5) in respect of a Commission is deferred and the Minister subsequently considers that the establishment of the Commission is necessary, the Minister shall give to the parties the notice that has been deferred and, on the establishment of the Commission, the Minister shall refer to the Commission all matters for which there is no final settlement at the time of the establishment of the Commission.
Duties	55. (1) Within seventy days after its establishment or such longer period as the Minister may allow, each Commission shall
	(a) for the purpose of concluding a new collective agreement between the employer and the union representing the bargaining unit in respect of which the Commission was established,
	(i) endeavour to mediate all the matters referred to it and to bring about an agreement between the employer and the union on those matters, and
	(ii) if the Commission is unable to do so in respect of any such matter, hear the employer and the union on the matter, arbitrate the matter and render a decision;
	(b) fix a date for the termination of the new collective agreement established by this Part between the employer and the union, which date may not be earlier than December 31, 1997; and
	(c) report to the Minister on the resolution of all such matters.
Appropriate contractual language	(2) Each Commission shall ensure that any agreement or decision referred to in paragraph (1)(a) is in appropriate contractual language so as to allow its incorporation into the appropriate collective agreement or, where necessary, draft a new agreement between the employer and the union that contains all agreements and decisions referred to in that paragraph.
Guiding principle	56. Each Commission shall be guided by the need for terms and conditions of employment that are consistent with the economic viability and competitiveness of a coast-to-coast rail system in both the short and the long term, taking into account the importance of good labour-management relations.
Powers	57. Each Commission has, with such modifications as the circumstances require,
	(a) for the purposes of the mediation referred to in subparagraph 55(1)(a)(i), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code, and
	(b) for the purposes of the arbitration referred to in subparagraph 55(1)(a)(ii), all the powers and duties of an arbitrator under sections 60 and 61 of that Act
	and, with the approval of the Minister, may engage the services of such technical advisers or other experts and assistants as the Commission considers necessary.
Decisions of Commission	58. The decision of a majority of the members of a Commission is the decision of the Commission, but if a majority of the members of the Commission cannot agree on a decision, the decision of the Chairperson of the Commission is the decision of the Commission.
Incorporation in collective agreement	59. (1) As of the day that a Commission reports to the Minister pursuant to paragraph 55(1)(c), each collective agreement between the employer and a union shall be deemed to be amended by the incorporation therein of
	(a) any agreement resolving the matters in dispute between the employer and the union arrived at before, or pursuant to, mediation by the Commission; and