Bill C-413

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First Reading

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	1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
	House of Commons of Canada
	BILL C-413
	An Act to amend the Canada Labour Code and the Public Service Staff Relations Act (scabs and essential services)
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. L-2	CANADA LABOUR CODE
	*1. The Canada Labour Code* is amended by adding the following after section 87.7:**
Prohibition relating to replacement workers	87.8 For the duration of a strike or lockout declared in accordance with this Part, an employer is prohibited from
	(a) using the services of a person to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out where such a person was hired between the day on which a notice to bargain collectively had been given pursuant to paragraph 89(1)(a) and the end of the strike or lockout;
	(b) using, in the establishment where the strike or lockout has been declared, the services of a person not employed by the employer to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out;
	(c) subject to section 87.4, using, in the establishment where the strike or lockout has been declared, the services of an employee who is a member of the bargaining unit on strike or locked out;
	(d) using, in an establishment other than the establishment where the strike or lockout has been declared, the services of an employee who is a member of the bargaining unit on strike or locked out;
	(e) using, in the establishment where the strike or lockout has been declared, the services of an employee who is usually employed in another establishment of the employer; and
	(f) using, in the establishment where a strike or lockout has been declared, the services of an employee usually employed in the establishment to discharge the duties of an employee who is a member of the bargaining unit on strike or locked out.
	2. The Act is amended by adding the following after section 100:
Replacement workers	100.1 Any person who contravenes section 87.8 is guilty of an offence punishable on summary conviction and liable, for each day or part of a day during which the offence is committed or continued, to a fine
	(a) of not less than twenty thousand dollars or more than one hundred thousand dollars, where the person is an employer; or
	(b) of not less than ten thousand dollars or more than fifty thousand dollars, where the person was acting in the capacity of an officer or representative of the employer when the offence was committed.
R.S., c. P-35	PUBLIC SERVICE STAFF RELATIONS ACT
	*3. The definition ``designated position'' in subsection 2(1) of the Public Service Staff Relations Act* is repealed.**
1992. c. 54, s. 47	4. Section 52.1 of the Act is repealed.
1992, c. 54, ss. 63 and 78(E)	5. Subsections 77(1) and (2) of the Act are replaced by the following:
Establish- ment of board on request	77. (1) Subject to subsection (2) and section 77.1, the Chairperson shall, on receiving a request for conciliation of a dispute under section 76, establish a conciliation board for the investigation and conciliation of the dispute if, in respect of that dispute, any conciliator that may have been appointed has made a final report to the Chairperson of the conciliator's inability to assist the parties in reaching agreement.
Board not established	(2) Where it appears to the Chairperson, after consultation with each of the parties to a dispute, that the establishment of a conciliation board under subsection (1) is unlikely to serve the purpose of assisting the parties in reaching agreement, the Chairperson shall forthwith notify the parties in writing of the Chairperson's intention not to establish such a board.
1992, c. 54, s. 64	6. Subsection 77.1(4) of the Act is replaced by the following:
Provisions applicable	(4) Subsection 77(2) applies , with such modifications as the circumstances require, in respect of the appointment of a conciliation commissioner.
1992, c. 54, ss. 65 and 78(E); 1992, c. 54, s. 65	7. Sections 78 to 78.5 of the Act are repealed.
1992, c. 54, ss. 74 and 78(E); 1994, c. 26, s. 59(F)	8. (1) Subsection 102(1) of the Act is replaced by the following:
Participation by employee in strike	102. (1) No employee shall participate in a strike
	(a) who is not included in a bargaining unit for which a bargaining agent has been certified by the Board; or
	(b) who is included in a bargaining unit for which the process for resolution of a dispute is by the referral thereof to arbitration.
	(2) Section 102 of the Act is amended by adding the following after subsection (2):
Participation by employee in strike	(2.1) No employee organization to which an order made under subsection 106.2(1) relates shall declare or authorize a strike unless, not later than seven days before that time, an agreement in writing referred to in subsection 106.3(1) has been forwarded to the Minister or a list in writing referred to in subsection 106.4(1) has been forwarded to the Minister and to the employer concerned.
	9. The Act is amended by adding the following after section 106:
Prohibitions	106.1 For the duration of a strike declared in accordance with this Part, the employer is prohibited from
	(a) using the services of a person to discharge the duties of an employee who is a member of the bargaining unit on strike where such a person was hired between the day on which a notice to bargain collectively had been given pursuant to subsection 50(1) and the end of the strike;
	(b) using, in the establishment where the strike has been declared, the services of a person not employed by the employer to discharge the duties of an employee who is a member of the bargaining unit on strike;
	(c) using, in the establishment where the strike has been declared, the services of an employee who is a member of the bargaining unit on strike, unless
	(i) an agreement has been reached for that purpose between the parties pursuant to section 106.3, and only to the extent that the agreement so provides,
	(ii) a list has been forwarded to the corporation and to the Minister pursuant to section 106.4, and only to the extent that the list so provides, or
	(iii) an order has been made pursuant to subsection 106.7(1);
	(d) using, in an establishment other than the establishment where the strike has been declared, the services of an employee who is a member of the bargaining unit on strike;
	(e) using, in the establishment where the strike has been declared, the services of an employee usually employed in another establishment of the employer;
	(f) using, in the establishment where a strike has been declared, the services of an employee usually employed in the establishment to discharge the duties of an employee who is a member of the bargaining unit on strike.
Maintenance of essential services	106.2 (1) Where the Governor in Council is of the opinion that a strike might endanger the public health or public safety, the Governor in Council may, on the recommendation of the Minister, by order, require the employer and the trade union to maintain essential services in the event of a strike.
Coming into force and expiration	(2) The order shall come into force on the day it is made or on such later date as is stated therein and shall cease to have effect upon the filing of a collective agreement entered into by the parties or of another document in lieu thereof.
Publication and notice	(3) The order shall be published in the Canada Gazette and the Minister shall inform the parties thereof.
Agreement	106.3 (1) The parties to which an order made under subsection 106.2(1) relates shall negotiate to determine the essential services to be maintained in the event of a strike and shall forward to the Minister in writing any agreement entered into by them with respect thereto.
Assistance by third party	(2) The Minister, on his own initiative or at the request of either party, may designate a person to assist the parties in reaching an agreement.
List	106.4 (1) Where no agreement is reached pursuant to subsection 106.3(1), the trade union shall forward to the employer and to the Minister in writing a list of the essential services to be maintained in the event of a strike.
Nullity of list	(2) Any list providing, in the event of a strike, for a number of employees greater than the number ordinarily required in the bargaining unit is null and void.
Changes prohibited	(3) No changes may be made to the list by the trade union except with the written consent of the Minister.
List followed by agreement	(4) If the parties forward an agreement to the Minister after the filing of a list, the agreement shall prevail.
Assessment	106.5 On receiving an agreement or a list, the Minister shall assess whether or not the essential services provided for therein are sufficient.
Prohibition	106.6 Unless an agreement has been reached by the parties, no employer shall change the conditions of employment of the employees who provide essential services.
Suspension of right to strike	106.7 (1) The Governor in Council, on the recommendation of the Minister, may, by order, suspend the right to strike if the Governor in Council is of the opinion that the essential services provided for or actually rendered where a strike is apprehended or in progress are insufficient and that the public health or public safety is endangered.
Coming into force	(2) The order shall come into force on the day it is made or on such later date as is stated therein.
Publication and notice	(3) The order shall be published in the Canada Gazette and the Minister shall inform the parties thereof.
Duration	(4) The order shall cease to have effect where it is shown to the satisfaction of the Minister that essential services will be maintained in the event of a strike.
Strike	106.8 Any person who contravenes an order made under section 106.2 or 106.7 is guilty of an offence punishable on summary conviction and liable, for each day or part of a day during which the offence is committed or continued, to a fine
	(a) of not less than twenty thousand dollars or more than one hundred thousand dollars, where the person is an employee organization;
	(b) of not less than ten thousand dollars or more than fifty thousand dollars, where the person was acting in the capacity of an officer or representative of an employee organization when the offence was committed; or
	(c) of not less than five hundred dollars or more than one thousand dollars, in any other case.
1992, c. 54, s. 77	10. Sections 108 and 109 of the Act are replaced by the following:
Evidence respecting information obtained	108. No member of the Board or of an arbitration board or a conciliation board, no arbitrator, conciliation commissioner, adjudicator, conciliator or officer or employee of or person appointed by the Board and no fact finder appointed under section 54.1 shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of duties under this Act.
	Witness Fees
Payment of witness fees	109. A person who is summoned by the Board, an arbitrator, a conciliation commissioner, an adjudicator, an arbitration board or a conciliation board to attend as a witness in any proceedings thereof taken pursuant to this Act, and who so attends, is entitled to be paid an allowance for expenses, determined in accordance with the scale for the time being in force with respect to witnesses in civil suits in the superior court of the province in which the proceedings are being taken.
1992, c. 54, s. 77	11. Section 111 of the Act is replaced by the following:
Facilities and staff	111. The Board shall provide a fact finder appointed under section 54.1, an arbitration board, an arbitrator, a conciliation commissioner, a conciliation board and an adjudicator with quarters and staff and such other facilities as are necessary to enable the carrying out of their respective functions under this Act.

Bill C-413

BILL C-413

CANADA LABOUR CODE

PUBLIC SERVICE STAFF RELATIONS ACT

Witness Fees