An Act to provide for the resumption and continuance of grain handling operations in the ports of Vancouver and Prince Rupert, British ColumbiaBritish Columbia Grain Handling Operations ActBritish Columbia Grain Handling Operations1991June
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B-8.2251991Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:SHORT TITLE
Short titleThis Act may be cited as the British Columbia Grain Handling Operations Act.
INTERPRETATION
Words and expressionsUnless otherwise provided, words and expressions used in this Act have the same meaning as in Part I of the Canada Labour Code.
VANCOUVER GRAIN HANDLING OPERATIONSInterpretation
DefinitionsIn this Part,collective agreementconvention collectivecollective agreement means the collective agreement between the employers’ association, on its own behalf and that of its members, and the union that expired on December 31, 1989;employeeemployéemployee means a person who is employed by an employer and is bound by the collective agreement;employeremployeuremployer means the employers’ association and any member thereof, including any member named in the schedule;employers’ associationassociation patronaleemployers’ association means the B.C. Terminal Elevator Operators’ Association;mediator-arbitratormédiateur-arbitremediator-arbitrator means the mediator-arbitrator appointed pursuant to subsection 8(1);unionsyndicatunion means the Grain Workers’ Union, Local 333.
Grain Handling Operations
Resumption of grain handling operationsOn the coming into force of this Part,each employer shall forthwith resume grain handling operations in the port of Vancouver, British Columbia; andevery employee shall, when so required, forthwith resume the duties of that employee’s employment.
Obligations of employersNo employer or officer or representative of an employer shallin any manner impede any employee from complying with paragraph 4(b); ordischarge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of that employee’s having been on strike before the coming into force of this Part.Obligations of unionThe union and each officer and representative of the union shallforthwith on the coming into force of this Part, give notice to the employees that, by reason of that coming into force, grain handling operations are forthwith to be resumed in the port of Vancouver, British Columbia and the employees, when so required, are forthwith to resume the duties of their employment;take all reasonable steps to ensure that employees comply with paragraph 4(b); andrefrain from any conduct that may encourage employees not to comply with paragraph 4(b).
Extension of collective agreementThe term of the collective agreement is extended to include the period beginning on January 1, 1990 and ending on December 31, 1992.Collective agreement binding for extended termThe collective agreement, as amended by or pursuant to this Part, is effective and binding on the parties thereto for the period for which the agreement is extended by subsection (1) notwithstanding anything in Part I of the Canada Labour Code or in the agreement, and Part I of that Act applies in respect of the agreement, as so amended, as if that period were the term of the agreement.
Strikes and lockouts prohibitedDuring the term of the collective agreement, as extended by subsection 6(1),no employer shall declare or cause a lockout against the union;no officer or representative of the union shall declare or authorize a strike against an employer; andno employee shall participate in a strike against an employer.
Mediator-Arbitrator
Appointment of mediator-arbitratorThe Minister shall, after the coming into force of this Part, appoint a mediator-arbitrator and refer to the mediator-arbitrator all matters relating to the amendment or revision of the collective agreement that, at the time of the appointment, remain in dispute between the union and the employers’ association.DutiesThe mediator-arbitrator shall, within ninety days after the mediator-arbitrator’s appointment or such longer period as the Minister may allow,endeavour to mediate all the matters referred to in subsection (1) and to bring about agreement between the union and the employers’ association on those matters;if the mediator-arbitrator is unable to bring about agreement in respect of any such matter, hear the union and the employers’ association on the matter, arbitrate the matter and render a decision in respect thereof; andreport to the Minister on the resolution of all such matters.PowersThe mediator-arbitrator has, with such modifications as the circumstances require,for the purposes of the mediation referred to in paragraph (2)(a), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code; andfor the purposes of the arbitration referred to in paragraph (2)(b), all the powers and duties of an arbitrator under sections 60 and 61 of that Act.Form of decisionThe decision of the mediator-arbitrator in respect of any matter arbitrated by the mediator-arbitrator shall be set out in such form as will enable the decision to be incorporated into the collective agreement in accordance with section 9.
Incorporation in collective agreementWhen the mediator-arbitrator reports to the Minister pursuant to subsection 8(2), the collective agreement shall be deemed to be amended by the incorporation therein of any amendments agreed to by the union and the employers’ association pursuant to the mediation and any decision of the mediator-arbitrator in respect of a matter arbitrated by the mediator-arbitrator, and the agreement, as so amended, constitutes a new collective agreement that shall be deemed to have effect on and after January 1, 1990.
Amendment of Collective Agreement
Parties may amend collective agreementNothing in this Part 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 Part, other than a provision relating to the term of the agreement, and to give effect thereto.
Enforcement
Offence by individualsAn individual who contravenes any provision of this Part 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 fineof not more than $50,000, where the individual was acting in the capacity of an officer or representative of an employer or the union when the offence was committed; orof not more than $1,000, in any other case.Offence by employer or unionWhere an employer or the union contravenes any provision of this Part, 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.
PresumptionFor the purposes of enforcement proceedings under this Part, the employers’ association and the union are deemed to be persons.
ConstructionFor 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 this Part.
PRINCE RUPERT GRAIN HANDLING OPERATIONSInterpretation
DefinitionsIn this Part,collective agreementconvention collectivecollective agreement means the collective agreement between the employer and the union that expired on December 31, 1989;employeeemployéemployee means a person who is employed by the employer and is bound by the collective agreement;employeremployeuremployer means the Prince Rupert Grain Ltd.;mediator-arbitratormédiateur-arbitremediator-arbitrator means the mediator-arbitrator appointed pursuant to subsection 19(1);unionsyndicatunion means the Grain Workers’ Union, Local 333.
Grain Handling Operations
Continuation or resumption of grain handling operationsOn the coming into force of this Part,the employer shall forthwith continue or resume, as the case may be, grain handling operations in the port of Prince Rupert, British Columbia; andevery employee shall, when so required, forthwith continue or resume, as the case may be, the duties of that employee’s employment.
Obligations of employerNeither the employer nor any officer or representative of the employer shallin any manner impede any employee from complying with paragraph 15(b); ordischarge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of that employee’s having been on strike before the coming into force of this Part.Obligations of unionThe union and each officer and representative of the union shallforthwith on the coming into force of this Part, give notice to the employees that, by reason of that coming into force, grain handling operations are forthwith to be continued or resumed, as the case may be, in the port of Prince Rupert, British Columbia and the employees, when so required, are forthwith to continue or resume, as the case may be, the duties of their employment;take all reasonable steps to ensure that employees comply with paragraph 15(b); andrefrain from any conduct that may encourage employees not to comply with paragraph 15(b).
Extension of collective agreementThe term of the collective agreement is extended to include the period beginning on January 1, 1990 and ending on December 31, 1992.Collective agreement binding for extended termThe collective agreement, as amended by or pursuant to this Part, is effective and binding on the parties thereto for the period for which the agreement is extended by subsection (1) notwithstanding anything in Part I of the Canada Labour Code or in the agreement, and Part I of that Act applies in respect of the agreement, as so amended, as if that period were the term of the agreement.
Strikes and lockouts prohibitedDuring the term of the collective agreement, as extended by subsection 17(1),the employer shall not declare or cause a lockout against the union;no officer or representative of the union shall declare or authorize a strike against the employer; andno employee shall participate in a strike against the employer.
Mediator-Arbitrator
Appointment of mediator-arbitratorThe Minister shall, after the coming into force of this Part, appoint a mediator-arbitrator and refer to the mediator-arbitrator all matters relating to the amendment or revision of the collective agreement that, at the time of the appointment, remain in dispute between the union and the employer.DutiesThe mediator-arbitrator shall, within ninety days after the mediator-arbitrator’s appointment or such longer period as the Minister may allow,endeavour to mediate all the matters referred to in subsection (1) and to bring about agreement between the union and the employer on those matters;if the mediator-arbitrator is unable to bring about agreement in respect of any such matter, hear the union and the employer on the matter, arbitrate the matter and render a decision in respect thereof; andreport to the Minister on the resolution of all such matters.PowersThe mediator-arbitrator has, with such modifications as the circumstances require,for the purposes of the mediation referred to in paragraph (2)(a), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code; andfor the purposes of the arbitration referred to in paragraph (2)(b), all the powers and duties of an arbitrator under sections 60 and 61 of that Act.Form of decisionThe decision of the mediator-arbitrator in respect of any matter arbitrated by the mediator-arbitrator shall be set out in such form as will enable the decision to be incorporated into the collective agreement in accordance with section 20.
Incorporation in collective agreementWhen the mediator-arbitrator reports to the Minister pursuant to subsection 19(2), the collective agreement shall be deemed to be amended by the incorporation therein of any amendments agreed to by the union and the employer pursuant to the mediation and any decision of the mediator-arbitrator in respect of a matter arbitrated by the mediator-arbitrator, and the agreement, as so amended, constitutes a new collective agreement that shall be deemed to have effect on and after January 1, 1990.
Amendment of Collective Agreement
Parties may amend collective agreementNothing in this Part 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 Part, other than a provision relating to the term of the agreement, and to give effect thereto.
Enforcement
Offence by individualsAn individual who contravenes any provision of this Part 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 fineof not more than $50,000, where the individual was acting in the capacity of an officer or representative of the employer or the union when the offence was committed; orof not more than $1,000, in any other case.Offence by employer or unionWhere the employer or the union contravenes any provision of this Part, 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.
PresumptionFor the purposes of enforcement proceedings under this Part, the union is deemed to be a person.
ConstructionFor 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 this Part.
COMING INTO FORCE
Coming into forceThis Act, other than Part II, shall come into force on the day immediately after the day on which this Act is assented to, but not before the twelfth hour after the time at which it is assented to.IdemPart II shall come into force on a day, or on a day and at an hour, to be fixed by order of the Governor in Council.[Note: Part II in force December 17, 1991, see SI/92-3.]
(Section 3)Alberta Wheat PoolPacific Elevators LimitedPioneer Grain Terminal LimitedSaskatchewan Wheat PoolUnited Grain Growers Limited