3. The Minister of Transport may reimburse a railway company for the prescribed portion of the cost incurred by the company for the provision of benefits where

• (a) the cost results from changes implemented during the period beginning on March 29, 1977 and ending on December 31, 1990;

• (b) a special agreement exists between the railway company and a trade union or trade unions; and

• (c) a government arrangement exists between the railway company and the Minister of Transport.

4. In negotiating a special agreement, the parties to the special agreement process shall, inasmuch as the following are generally incorporated in their existing job security agreements, give consideration to the following:

• (a) in so far as possible, ensuring continuing employment for the employees concerned;

• (b) where preferred and to the extent possible, keeping employees in gainful employment at the same location;

• (c) where necessary, training employees for alternative employment;

• (d) when required, providing appropriate assistance in relocation;

• (e) in so far as possible, avoiding loss of employees’ earnings;

• (f) developing a separation plan for the assistance of employees close to or eligible for retirement who wish to leave the work force;

• (g) minimizing seniority obstacles for the purpose of facilitating

  • (i) continuing employment by Canadian National Railway Company, Canadian Pacific Railway Limited, Toronto Terminal Railway Company or Toronto, Hamilton and Buffalo Railway Company, where mutually agreed to by the parties, and

  • (ii) the transfer of employees to VIA Rail Canada Inc.;

• (h) where employees are laid off, providing reasonable weekly lay-off benefits or severance payments; and

• (i) assisting employees unable to maintain their jobs to secure employment outside the railway industry.

• 5. (1) A special agreement shall provide for the benefits and the terms and conditions of those benefits contained in

  • (a) Railway Job Security, Technological, Operational, Organizational Changes Agreements between Canadian National Railway Company, Canadian Pacific Railway Limited and non-operating shop-craft or other unions; or

  • (b) Railway Material Change Agreements between Canadian National Railway Company, Canadian Pacific Railway Limited and United Transportation Union and Brotherhood of Locomotive Engineers.

• (2) A special agreement may provide for benefits and conditions in addition to those referred to in subsection (1), consistent with the principles referred to in section 4.

6. A special agreement shall be the only instrument applicable with respect to benefits and the words, terms and conditions of such an instrument shall not be amended, revised or otherwise changed without

• (a) a joint request from the parties to the special agreement; and

• (b) the consent, in writing, of the Minister of Labour.