Bill C-3
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45 ELIZABETH II |
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CHAPTER 12 |
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An Act to amend the Canada Labour Code
(nuclear undertakings) and to make a
related amendment to another Act
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[Assented to 29th May, 1996]
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| R.S., c. L-2;
R.S., cc. 9, 27
(1st Supp.), c.
32 (2nd
Supp.), cc. 24,
43 (3rd
Supp.), c. 26
(4th Supp.);
1989, c. 3;
1990, cc. 8,
44; 1991, c.
39; 1992, c. 1;
1993, cc. 28,
38, 42; 1994,
cc. 10, 41
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CANADA LABOUR CODE |
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1. The Canada Labour Code is amended
by adding the following after section 121:
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Application of Provincial Laws
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| Provincial
Crown
corporations
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121.1 The Governor in Council may by
regulation direct that this Part applies in
respect of any employment, or any class or
classes of employment, on or in connection
with a work or undertaking set out in the
regulation that is, or is part of, a corporation
that is an agent of Her Majesty in right of a
province and whose activities are regulated, in
whole or in part, pursuant to the Atomic
Energy Control Act.
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| Exclusion
from
application
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121.2 (1) The Governor in Council may by
regulation exclude, in whole or in part, from
the application of any of the provisions of this
Part any employment, or any class or classes
of employment, on or in connection with a
work or undertaking set out in the regulation
whose activities are regulated, in whole or in
part, pursuant to the Atomic Energy Control
Act.
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| Regulations
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(2) On the recommendation of the Minister,
the Governor in Council may make
regulations respecting any matter relating to
industrial relations, including the prevention
of a work stoppage or the continuation or
resumption of operations, in relation to
employment that is subject to a regulation
made pursuant to subsection (1).
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| Incorporation
of provincial
law
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(3) A regulation made under subsection (2)
incorporating by reference, in whole or in part,
an Act of the legislature of a province or an
instrument made under such an Act may
incorporate the Act or instrument as amended
to a certain date or from time to time.
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| Application of
regulation
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(4) A regulation made under subsection (2)
may apply
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| Administra- tion and enforcement
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(5) A regulation made under subsection (2)
incorporating an Act or instrument shall, after
consultation by the Minister with the
appropriate provincial minister, be
administered and enforced by the person or
authority that is responsible for the
administration and enforcement of the Act or
instrument.
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| Offence and
penalty
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(6) Subject to subsection (7), every person
who contravenes a regulation made under
subsection (2) by contravening a provision of
an Act of the legislature of a province that, or
an instrument made under such an Act that, is
incorporated by the regulation is guilty of an
offence against this Act and liable to the same
punishment as is imposed by or under an Act
of that legislature for the contravention of that
provision.
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| Defence
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(7) No person may be convicted of an
offence or subjected to a punishment for a
contravention described in subsection (6)
unless it is proved that, at the time of the
alleged contravention,
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| Procedure
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(8) The prosecution of a contravention
described in subsection (6) shall be
commenced by the attorney general of the
province in which the offence was committed.
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| Non- application of Statutory Instruments Act
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121.3 Subsection 5(1) of the Statutory
Instruments Act does not apply to a regulation
made pursuant to section 121.1 or 121.2.
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| Definition of
``regulation''
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121.4 (1) In this section, ``regulation''
means a regulation made under subsection
121.2(2).
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| Bargaining
agents
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(2) A bargaining agent that represents a
bargaining unit immediately before the time
when a regulation is made to which the
employees in the bargaining unit are subject
continues, at that time, to represent the
bargaining unit for the purposes of the
application of the regulation.
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| Collective
agreements
continued
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(3) Every collective agreement that is in
force immediately before the time when a
regulation is made that applies to employees
who are subject to the collective agreement
continues in force, at that time, under the
regulation until its term expires.
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| Notice to
bargain
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(4) A notice to bargain given under this Part
is deemed, at the time when a regulation is
made to which the employees who are
affected by the notice to bargain are subject, to
have been given pursuant to the regulation on
the day on which it was given.
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| Acquired
rights, etc.
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(5) Any rights, privileges or duties acquired
under this Part by the bargaining unit,
bargaining agent, employer or employees
before the time when a regulation is made are
deemed to have been acquired pursuant to the
regulation on the day on which they were
acquired.
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| Decisions
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(6) A person or authority that, under an Act
of the legislature of a province, is competent
to decide a matter that is contemplated by this
section in relation to a provision of an Act of
the legislature of a province or an instrument
made under such an Act may, on application
by the employer or bargaining agent or, where
the person or authority considers it
appropriate, an employee, decide any matter
that is contemplated by this section in relation
to a regulation incorporating that provision.
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| Regulations
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121.5 Notwithstanding section 121.4, the
Governor in Council may make regulations
respecting any matter referred to in that
section in relation to a regulation made under
subsection 121.2(2).
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| R.S., c. 9 (1st
Supp.), s. 3
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2. Section 123.1 of the Act is repealed.
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3. The Act is amended by adding the
following after section 157:
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Application of Provincial Laws |
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| Provincial
Crown
corporations
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158. The Governor in Council may by
regulation direct that this Part applies in
respect of any employment, or any class or
classes of employment, on or in connection
with a work or undertaking set out in the
regulation that is, or is part of, a corporation
that is an agent of Her Majesty in right of a
province and whose activities are regulated, in
whole or in part, pursuant to the Atomic
Energy Control Act.
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| Exclusion
from
application
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159. (1) The Governor in Council may by
regulation exclude, in whole or in part, from
the application of any of the provisions of this
Part any employment, or any class or classes
of employment, on or in connection with a
work or undertaking set out in the regulation
whose activities are regulated, in whole or in
part, pursuant to the Atomic Energy Control
Act.
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| Regulations
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(2) On the recommendation of the Minister
after consultation with the Atomic Energy
Control Board, the Governor in Council may
make regulations relating to occupational
safety and health in relation to employment
that is subject to a regulation made pursuant to
subsection (1).
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| Application of
certain
provisions
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160. Subsections 121.2(3) to (8) apply, with
such modifications as the circumstances
require, in respect of a regulation made
pursuant to subsection 159(2) except that the
references to ``subsection (2)'' in subsections
121.2(3) to (6) shall be read as references to
subsection 159(2).
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4. The Act is amended by adding the
following after section 264:
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Application of Provincial Laws
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| Provincial
Crown
corporations
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265. The Governor in Council may by
regulation direct that this Part applies in
respect of any employment, or any class or
classes of employment, on or in connection
with a work or undertaking set out in the
regulation that is, or is part of, a corporation
that is an agent of Her Majesty in right of a
province and whose activities are regulated, in
whole or in part, pursuant to the Atomic
Energy Control Act.
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| Exclusion
from
application
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266. (1) The Governor in Council may by
regulation exclude, in whole or in part, from
the application of any of the provisions of this
Part any employment, or any class or classes
of employment, on or in connection with a
work or undertaking set out in the regulation
whose activities are regulated, in whole or in
part, pursuant to the Atomic Energy Control
Act.
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| Regulations
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(2) On the recommendation of the Minister,
the Governor in Council may make
regulations relating to labour standards in
relation to employment that is subject to a
regulation made pursuant to subsection (1).
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| Application of
certain
provisions
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267. Subsections 121.2(3) to (8) apply, with
such modifications as the circumstances
require, in respect of a regulation made
pursuant to subsection 266(2) except that the
references to ``subsection (2)'' in subsections
121.2(3) to (6) shall be read as references to
subsection 266(2).
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RELATED AMENDMENT |
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| R.S., c. 15
(4th Supp.)
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Non-smokers' Health Act |
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5. The Non-smokers' Health Act is
amended by adding the following after
section 8:
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| Provincial
Crown
corporations
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8.1 The Governor in Council may by
regulation direct that this Act applies in
respect of any employment, or any class or
classes of employment, on or in connection
with a work or undertaking set out in the
regulation that is, or is part of, a corporation
that is an agent of Her Majesty in right of a
province and whose activities are regulated, in
whole or in part, pursuant to the Atomic
Energy Control Act.
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| Exclusion
from
application
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8.2 (1) The Governor in Council may by
regulation exclude, in whole or in part, from
the application of any or all of the provisions
of this Act any employment, or any class or
classes of employment, on or in connection
with a work or undertaking set out in the
regulation whose activities are regulated, in
whole or in part, pursuant to the Atomic
Energy Control Act.
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| Regulations
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(2) On the recommendation of the Minister
of Labour, the Governor in Council may make
regulations respecting the use of tobacco in a
workplace at which is carried on employment
that is subject to a regulation made pursuant to
subsection (1).
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| Incorporation
of provincial
law
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(3) A regulation made under subsection (2)
incorporating by reference, in whole or in part,
an Act of the legislature of a province or an
instrument made under such an Act may
incorporate the Act or instrument as amended
to a certain date or from time to time.
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| Application of
regulation
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(4) A regulation made under subsection (2)
may apply
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| Administra- tion and enforcement
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(5) A regulation made under subsection (2)
incorporating an Act or instrument shall, after
consultation by the Minister of Labour with
the appropriate provincial minister, be
administered and enforced by the person or
authority that is responsible for the
administration and enforcement of the Act or
instrument.
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| Offence and
penalty
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(6) Every person who contravenes a
regulation made under subsection (2) by
contravening a provision of an Act of the
legislature of a province that, or an instrument
made under such an Act that, is incorporated
by the regulation is guilty of an offence against
this Act and liable to the same punishment as
is imposed by or under an Act of that
legislature for the contravention of that
provision.
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| Procedure
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(7) The prosecution of an offence in respect
of a contravention described in subsection (6)
shall be commenced by the attorney general of
the province in which the offence was
committed.
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