Bill C-39

1st Session, 41st Parliament,

60-61 Elizabeth II, 2011-2012

house of commons of canada

BILL C-39

An Act to provide for the continuation and resumption of rail service operations

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

SHORT TITLE

1. This Act may be cited as the Restoring Rail Service Act.

INTERPRETATION

2. (1) The following definitions apply in this Act.

“arbitrator” means an arbitrator appointed under subsection 8(1).

“collective agreement” means any collective agreement between the employer and the union that expired on December 31, 2011.

“employee” means a person who is employed by the employer and bound by a collective agreement.

“employer” means the Canadian Pacific Railway.

“Minister” means the Minister of Labour.

“union” means the Teamsters Canada Rail Conference, representing the rail traffic controllers’ bargaining unit or the running trades employees’ bargaining unit.

(2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part I of the Canada Labour Code.

RAIL SERVICE OPERATIONS

3. On the coming into force of this Act,

(a) the employer must continue, or resume without delay, as the case may be, rail service operations; and

(b) every employee must, when so required, continue, or resume without delay, as the case may be, the duties of their employment.

4. It is prohibited for the employer and for any officer or representative of the employer 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 been on strike before the coming into force of this Act.

5. The union and each officer and represent- ative of the union 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, rail service operations are to be continued or resumed, as the case may be, and that the employees, when so required, are to continue, or resume without delay, as the case may be, the duties of their employment;

(b) take all reasonable steps to ensure that employees comply with paragraph 3(b); and

(c) refrain from any conduct that may encourage employees not to comply with paragraph 3(b).

EXTENSION OF COLLECTIVE AGREEMENTS

6. (1) The term of each collective agreement is extended to include the period beginning on January 1, 2012 and ending on the day on which a new collective agreement between the parties comes into effect.

(2) A 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.

7. Until the day on which a collective agreement, as extended by subsection 6(1), expires, it is prohibited

(a) for the employer and for any officer or representative of the employer to declare or cause a lockout against the union in respect of the bargaining unit to which the collective agreement applies;

(b) for the union and for any officer or representative of the union to declare or authorize a strike against the employer in respect of that bargaining unit; and

(c) for an employee who is a member of that bargaining unit to participate in a strike against the employer.

ARBITRATION

8. (1) The Minister must, after the coming into force of this Act, appoint an arbitrator in respect of each collective agreement and refer to the arbitrator all matters relating to the amendment or revision of the collective agreement that, at the time of the appointment, are in dispute between the parties to it.

(2) An arbitrator has, with any modifications that the circumstances require, all the powers and duties of an arbitrator under paragraphs 60(1)(a) and (a.2) to (a.4) and section 61 of the Canada Labour Code.

(3) An arbitrator must decide all matters referred to the arbitrator under this Act within 90 days after the day on which he or she is appointed, or any longer period that the Minister may allow, and make a report to the Minister on the arbitrator’s decision in respect of those matters.

(4) The decision of an arbitrator respecting a collective agreement must be set out in a form that enables it to be incorporated into the col- lective agreement in accordance with section 9.

9. Beginning on the day on which an arbitrator reports to the Minister under subsection 8(3), the collective agreement is deemed to be amended by the incorporation into it of

(a) any agreement between the parties to it arrived at before the appointment of the arbitrator;

(b) any agreement resolving the matters in dispute between the parties to it arrived at after the appointment of the arbitrator and before the day on which the arbitrator reports to the Minister; and

(c) the decision of the arbitrator in respect of the matters that were referred to arbitration.

10. No order is to be made, no process entered into and no proceeding taken in court

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

(b) to review, prohibit or restrain any proceeding or decision of an arbitrator.

11. Nothing in this Act precludes the parties to a collective agreement from entering into a new collective agreement at any time before the arbitrator reports to the Minister under subsection 8(3) and, if they do so, the arbitrator’s duties under this Act cease as of the day on which the new collective agreement is entered into.

NEW COLLECTIVE AGREEMENTS

12. (1) Despite anything in Part I of the Canada Labour Code, an arbitrator’s decision constitutes a new collective agreement between the parties that is effective and binding on them beginning on the day on which it is made. However, that Part applies in respect of the new collective agreement as if it had been entered into under that Part.

(2) A new collective agreement may provide that any of its provisions are effective and binding on a day that is before or after the day on which the new collective agreement becomes effective and binding.

(3) Nothing in this Act is to be construed so as to limit or restrict the rights of the parties to a new collective agreement to amend any of its provisions, other than a provision relating to its term, and to give effect to the amendment.

COSTS

13. All costs incurred by Her Majesty in right of Canada relating to the appointment of an arbitrator and the performance of an 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.

ENFORCEMENT

14. (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

(a) not more than $50,000 if the individual was acting in the capacity of an officer or representative of the employer or the union when the offence was committed; or

(b) not more than $1,000 in any other case.

(2) If 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.

15. 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 section 14.

16. If a person is convicted of an offence under section 14 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.

17. For the purposes of this Act, the union is deemed to be a person.

COMING INTO FORCE

18. This Act comes into force on the expiry of the twelfth hour after the time at which it is assented to.