Bill C-313
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1nd Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-95
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The House of Commons of Canada
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BILL C-313 |
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An Act to provide for the resumption and
continuance of the operations at ADM
Agri-Industries Ltd.
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SHORT TITLE |
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1. This Act may be cited as the ADM
Agri-Industries Ltd. Operations Act.
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INTERPRETATION |
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2. (1) In this Act,
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``arbitrator'' means the arbitrator appointed
pursuant to subsection 3(1);
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``collective agreement'' means the collective
agreement between the employer and the
union that expired on January 31, 1992;
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``cut-off time'' means 12 midnight of the
thirtieth day this bill is introduced in the
House of Commons;
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``employee'' means a person employed by the
employer who is bound by the collective
agreement which expired on January 31,
1992;
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``employer'' means ADM Agri-Industries
Ltd.;
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``Minister'' means Minister within the
meaning of the Canada Labour Code;
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``union'' means the National Syndicate of
Employees of Ogilvie Flour Mills Co. Ltd.
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(2) Unless otherwise provided, words and
expressions used in this Act have the same
meaning as in Part 1 of the Canada Labour
Code.
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FINAL OFFER SELECTION |
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3. (1) At any time within seven days after
the coming into force of this Act, the employer
and the union may provide the Minister with
the name of a person that they jointly
recommend be appointed arbitrator for the
purpose of final offer selection.
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(2) The Minister shall, as soon as
practicable, appoint the person recommended
under subsection (1) as arbitrator for final
offer selection, and where no person is
recommended under subsection (1) within the
period referred to in that subsection, the
Minister shall, as soon as practicable, appoint
as arbitrator for final offer selection such
person as the Minister considers appropriate.
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4. (1) Within such time and in such manner
as the arbitrator may specify, the employer
and the union shall each submit to the
arbitrator
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(2) The final offer referred to in paragraph
(1)(c) must be submitted with proposed
contractual language that can be incorporated
into the new collective agreement.
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5. (1) Within thirty days after being
appointed, or within such greater period as
may be specified by the Minister, the
arbitrator shall
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(2) Where either the employer or the union
fails to provide the arbitrator with a final offer
in accordance with paragraph 4(1)(c), the
arbitrator shall select the final offer provided
by the other party.
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(3) The arbitrator's decision, excluding the
back-to-work protocol, shall be drafted in
such manner as to constitute a new collective
agreement between the employer and the
union and, to the extent that it is possible,
incorporate the contractual language referred
to in paragraph 4(1)(a) and the final offer
selected by the arbitrator.
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6. (1) The arbitrator's decision constitutes a
new collective agreement between the
employer and the union effective as of the day
it is made until such date as determined by the
arbitrator, notwithstanding anything in Part I
of the Canada Labour Code, and Part I of that
Act applies in respect of the collective
agreement as if it had been entered into
pursuant to that Part.
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(2) The new collective agreement may
provide that any term or condition thereof is
effective and binding on a day before or after
the new collective agreement becomes
effective.
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7. The arbitrator has, with such
modifications as the circumstances require,
all the powers and duties of an arbitrator
pursuant to sections 60 and 61 of the Canada
Labour Code.
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8. (a) Once the arbitrator has reported to the
Minister, the employer shall forthwith resume
or continue operations in accordance with the
terms of the arbitrator; and
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OBLIGATIONS |
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9. Neither the employer nor any officer or
representative of the employer shall
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10. The union and each officer and
representatives of the union shall
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11. All costs incurred by Her Majesty in
right of Canada relating to the appointment of
the arbitrator and the exercise of the
arbitrator's duties under this Act are debts due
to Her Majesty in right of Canada and may be
recovered as such, in equal parts, from the
employer and the union in any court of
competent jurisdiction.
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AMENDMENT TO THE COLLECTIVE AGREEMENT |
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12. Nothing in this Act shall be construed so
as to limit or restrict the rights of the parties to
the collective agreement to agree to amend
any provision of the agreement as amended by
or pursuant to this Act and to give effect
thereto.
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ENFORCEMENT |
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13. (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 and part of a day during
which the offence continues, to a fine
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(2) Where the 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.
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14. 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 13.
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15. Where a person is convicted of an
offence under section 13 and the fine that is
imposed is not paid when required, the
prosecutor may, by filing the conviction, enter
as a judgement the amount of the fine and
costs, if any, in a superior court of the province
in which the trial was held, and the judgement
is enforceable against the person in the same
manner as if it were a judgement rendered
against the person in that court in civil
proceedings.
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16. For the purposes of this Act, the
employer and the union are deemed to be
persons.
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17. For greater certainty, nothing in this Act
shall be construed so as to restrict a person
from raising a defence of due diligence in a
prosecution for an offence under section 13.
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COMING INTO FORCE |
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18. This Act comes into force on the day
immediately following the day it is assented
to.
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