British Columbia Grain Handling Operations Act (S.C. 1991, c. 25)

Marginal note:Incorporation in collective agreement

20 When 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

Marginal note:Parties may amend collective agreement

21 Nothing 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

Marginal note:Offence by individuals

• 22 (1) An 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 fine

  • (a) of 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; or

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

• Marginal note:Offence by employer or union

  (2) Where 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.

Marginal note:Presumption

23 For the purposes of enforcement proceedings under this Part, the union is deemed to be a person.

Marginal note:Construction

24 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 this Part.

Coming into Force

Marginal note:Coming into force

• 25 (1) This 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.

• Marginal note:Idem

  Footnote ^*(2) Part 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.

  • Return to footnote ^*[Note: Part II in force December 17, 1991, see SI/92-3.]