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Bill C-29

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Second Session, Forty-third Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-29
An Act to provide for the resumption and continuation of operations at the Port of Montreal
FIRST READING, April 27, 2021
MINISTER OF LABOUR
90989


SUMMARY

This enactment provides for the resumption and continuation of operations at the Port of Montreal and imposes mediation as the process for resolving matters remaining in dispute between the parties. It empowers the mediator-arbitrator to impose arbitration as the process for resolving matters that cannot be resolved through mediation. Finally, it sets out the elements that are to be included in the new collective agreement between the parties.
Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS

An Act to provide for the resumption and continuation of operations at the Port of Montreal
Preamble
Short Title
1
Port of Montreal Operations Act, 2021
Interpretation
2
Definitions
Port of Montreal Operations
3
Resumption or continuation of operations
4
Prohibitions
5
Obligations
Extension of Collective Agreement
6
Extension
7
Strikes and lockouts prohibited
Mediator-Arbitrator
8
Lists of candidates
9
Referral of matters in dispute
10
Powers and duties of mediator-arbitrator
11
Duties of mediator-arbitrator
12
New collective agreements not precluded
13
Remuneration and costs
14
New mediator-arbitrator
New Collective Agreement
15
New collective agreement
Enforcement
16
Individuals
Coming into Force
17
00:00:01 on day after royal assent


2nd Session, 43rd Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-29
An Act to provide for the resumption and continuation of operations at the Port of Montreal

Preamble

Whereas the Maritime Employers Association and the Syndicat des débardeurs – Canadian Union of Public Employees Local 375 were parties to a collective agreement that expired on December 31, 2018;
Whereas the parties have engaged, since September 4, 2018, in collective bargaining to reach a new collective agreement;
Whereas the Minister of Labour recognizes the importance of effective collective bargaining practices and the need for stable industrial relations for workers, unions and employers at the Port of Montreal;
And whereas, having regard to the negative impacts of a work stoppage at the Port of Montreal, the public interest requires an exceptional solution to address the matters in dispute so that a new collective agreement may be concluded;
Now therefore, 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
1This Act may be cited as the Port of Montreal Operations Act, 2021.

Interpretation

Definitions
2(1)The following definitions apply in this Act.
collective agreement means the collective agreement between the employers’ association and the union that expired on December 31, 2018.‍ (convention collective)
employee means a person who is employed by an employer and bound by the collective agreement.‍ (employé)
employer means the employers’ association or any of its members.‍ (employeur)
employers’ association means the Maritime Employers Association.‍ (association patronale)
mediator-arbitrator means the mediator-arbitrator appointed under subsection 8(2).‍ (médiateur-arbitre)
Minister means the Minister of Labour.‍ (ministre)
union means the Syndicat des débardeurs — Canadian Union of Public Employees Local 375.‍ (syndicat)
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.
Presumption
(3)For the purposes of this Act, the union is deemed to be a person.

Port of Montreal Operations

Resumption or continuation of operations
3On the coming into force of this Act,
(a)every employer must resume without delay or continue, as the case may be, operations at the Port of Montreal; and
(b)every employee must, when so required, resume without delay or continue, as the case may be, the duties of their employment.
Prohibitions
4It is prohibited for an employer and for any of its officers and representatives to
(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 the employee having participated in a strike before the coming into force of this Act.
Obligations
5The union and each of its officers and representatives must
(a)without delay on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, operations at the Port of Montreal are to be resumed or continued, as the case may be, and that the employees, when so required, are to resume without delay or continue the duties of their employment;
(b)take all reasonable steps to ensure that employees comply with paragraph 3(b); and
(c)comply with any order and request made under the collective agreement for the dispatch of employees to perform operations at the Port of Montreal.

Extension of Collective Agreement

Extension
6(1)The term of the collective agreement is extended to include the period beginning on January 1, 2019 and ending immediately before a new collective agreement between the parties comes into effect.
Collective agreement binding for extended term
(2)The collective agreement, as extended by subsection (1), is effective and binding on the parties to it for the period for which it is extended, despite anything in the collective agreement or in Part I of the Canada Labour Code. However, that Part applies in respect of the collective agreement, as extended, as if that period were the term of the collective agreement.
Strikes and lockouts prohibited
7Until the collective agreement, as extended by subsection 6(1), expires, it is prohibited
(a)for any employer and for any of its officers and representatives to declare or cause a lockout against the union;
(b)for the union and for any of its officers and representatives to declare or authorize a strike against any employer; and
(c)for any employee to participate in a strike against any employer.

Mediator-Arbitrator

Lists of candidates
8(1)The employers’ association and the union may, within 48 hours after the coming into force of this Act, each provide to the Minister a list of the names of up to three individuals that the employers’ association or the union, as the case may be, considers qualified to act as mediator-arbitrator.
Appointment of mediator-arbitrator
(2)If the two lists have only one name in common, the Minister must appoint that individual as the mediator-arbitrator, and if they have more than one name in common, the Minister must appoint one of those individuals. However, if the Minister does not receive both lists within the period referred to in subsection (1), or if the lists that are received within that period have no names in common, the Minister must appoint an individual of the Minister’s choice as the mediator-arbitrator.
Referral of matters in dispute
9All matters relating to the amendment or revision of the collective agreement that are, at the time of the appointment, in dispute between the parties are deemed to be referred to the mediator-arbitrator.
Powers and duties of mediator-arbitrator
10The mediator-arbitrator has, with any modifications that the circumstances require, all the powers and duties referred to in paragraphs 60(1)‍(a) and (a.‍2) to (a.‍4) and sections 61 and 84 of the Canada Labour Code.
Duties of mediator-arbitrator
11(1)Within 90 days after the day on which the mediator-arbitrator is appointed or any longer period that the Minister may allow, the mediator-arbitrator must
(a)endeavour to mediate all the matters that are deemed to be referred to the mediator-arbitrator relating to the amendment or revision of the collective agreement and to bring about an agreement between the parties on those matters;
(b)if the mediator-arbitrator is unable to bring about an agreement between the parties in respect of any such matter,
(i)hear the parties on the matter, arbitrate the matter and render a decision in respect of the matter, or
(ii)ask each of the parties to submit, within the time and in the manner that the mediator-arbitrator may specify, that party’s final offer in respect of the matter and, subject to subsection (6), select, in order to resolve the matter, either the final offer of the employers’ association or the final offer of the union; and
(c)report to the Minister on the resolution of each of the matters that are deemed to be referred to the mediator-arbitrator and provide the parties with a copy of the report.
For greater certainty
(2)For greater certainty, the choice of acting in accordance with subparagraph (1)‍(b)‍(i) or (ii) is at the discretion of the mediator-arbitrator.
Mediation period
(3)Despite subsection (1), the mediator-arbitrator has a period of not more than 14 days after the day on which they are appointed to endeavour to mediate the matters referred to in paragraph (1)‍(a) and to bring about an agreement between the parties. That period may be extended for an additional period of not more than seven days if the parties agree.
Contractual language — decision
(4)Every decision of the mediator-arbitrator under subparagraph (1)‍(b)‍(i) must be worded in appropriate contractual language so as to allow its incorporation into a new collective agreement.
Contractual language — final offer
(5)The final offer of the employers’ association and of the union referred to in subparagraph (1)‍(b)‍(ii) must be submitted with proposed contractual language that can be incorporated into a new collective agreement.
If no final offer submitted
(6)If either party fails to submit to the mediator-arbitrator a final offer when asked to do so under subparagraph (1)‍(b)‍(ii), the mediator-arbitrator must select the final offer submitted by the other party.
New collective agreements not precluded
12Nothing in this Act precludes the parties to the collective agreement from entering into a new collective agreement at any time before the mediator-arbitrator reports to the Minister under paragraph 11(1)‍(c) and, if the parties do so, the mediator-arbitrator’s duties under this Act respecting the collective agreement cease on the day on which the new collective agreement is entered into and section 15 does not apply in respect of the new collective agreement.
Remuneration and costs
13The payment of the remuneration of the mediator-arbitrator and the reimbursement of all costs incurred by the mediator-arbitrator in the exercise of their powers and the performance of their duties under this Act are the responsibility, in equal parts, of the employers’ association and the union, and the amounts owed are debts due to the mediator-arbitrator and may be recovered as such from the employers’ association or the union, as the case may be, in any court of competent jurisdiction.
New mediator-arbitrator
14In the event of the death, incapacity or resignation of the mediator-arbitrator, the Minister must notify the employers’ association and the union that a new mediator-arbitrator is to be appointed and the following rules apply:
(a)section 8 applies, except that the words in subsection 8(1) “within 48 hours after the coming into force of this Act” are to be read as “within two days after the day on which the employers’ association and the union are notified by the Minister that a new mediator-arbitrator is to be appointed”; and
(b)the other provisions of this Act apply in respect of the new mediator-arbitrator as though they were the first mediator-arbitrator except that any period in this Act that applied in respect of the first mediator-arbitrator continues to apply in respect of the new mediator-arbitrator.

New Collective Agreement

New collective agreement
15(1)Despite anything in Part I of the Canada Labour Code, but subject to subsection (3), beginning on the day after the day on which the mediator-arbitrator reports to the Minister under paragraph 11(1)‍(c) in respect of the matters that are deemed to be referred to the mediator-arbitrator relating to the amendment or revision of the collective agreement (in this subsection referred to as the “former collective agreement”), a new collective agreement consisting of the following is effective and binding on the parties:
(a)every agreement entered into by the parties, before the appointment of the mediator-arbitrator, in relation to the amendment or revision of the former collective agreement;
(b)every agreement entered into by the parties, after the appointment of the mediator-arbitrator, in relation to the matters that are deemed to be referred to the mediator-arbitrator relating to the amendment or revision of the former collective agreement;
(c)every decision rendered and every final offer selected by the mediator-arbitrator under subsection 11(1) in relation to the matters referred to in paragraph (b); and
(d)subject to subsection (2), every provision of the former collective agreement that was not the subject of any agreement referred to in paragraph (a) or (b) or decision or final offer referred to in paragraph (c).
Power to alter provisions
(2)The mediator-arbitrator may alter the wording of any provision referred to in paragraph (1)‍(d) to take into account any agreement referred to in paragraph (1)‍(a) or (b) or decision or final offer referred to in paragraph (1)‍(c).
Application
(3)Part I of the Canada Labour Code applies in respect of the new collective agreement as if it had been entered into under that Part.
Coming into effect of provisions
(4)The new collective agreement may provide that any of its provisions are effective and binding as of a day that is before or after the day on which the new collective agreement becomes effective and binding.
Amendments
(5)Nothing in this Act is to be construed so as to limit or restrict the right of the parties to the new collective agreement to amend any of its provisions and to give effect to the amendment.

Enforcement

Individuals
16(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 of not more than
(a)$50,000, if the individual was acting in the capacity of an officer or representative of an employer or of the union when the offence was committed; or
(b)$1,000, in any other case.
Employer or union
(2)If an 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.
No imprisonment
(3)Despite subsection 787(2) of the Criminal Code, no term of imprisonment is to be imposed in default of payment of a fine that is imposed under subsection (1) or (2).
Recovery of fines
(4)If a person is convicted of an offence under subsection (1) or (2) 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.

Coming into Force

00:00:01 on day after royal assent
17This Act comes into force at 00:00:01 Eastern Daylight Saving Time on the day after the day on which it receives royal assent.
Published under authority of the Speaker of the House of Commons

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