Construction Projects Labour-management Relations Act


Published: 2016-07-08

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Construction Projects
Labour-management Relations Act

CHAPTER 90 OF THE REVISED STATUTES, 1989

An Act to Provide for the Stabilization
of Labour-management Relations
Affecting Certain Construction Projects

Short title
1 This Act may be cited as the Construction Projects Labour-management Relations Act. R.S., c. 90, s. 1.

INTERPRETATION

Interpretation
2 (1) In this Act,

(a) "construction contractor" means a person who undertakes aconstruction project, whether for his own benefit or for the benefitof another, or who enters into a contract, agreement or otherarrangement whereby he agrees to undertake a constructionproject;

(b) "construction industry" means the constructing, erecting,altering, decorating, repairing, improving or demolishing ofbuildings, structures, roads, sewers, water mains, pipelines,tunnels, shafts, bridges, wharves, piers, canals or other works;

(c) "construction project" means an industrial project in theconstruction industry, the total projected cost or value of which isexpected to exceed five million dollars and which is expected toinvolve the employment of persons who are represented by threeor more trade unions;

(d) "construction subcontractor" means a person who enters acontract, agreement or other arrangement with a constructioncontractor or with a person who has a contract, agreement orother[or other] arrangement with a construction contractor for theperformance of any construction work on a construction project;

(e) "employee" means an employee as defined in the TradeUnion Act who is employed or engaged by a constructioncontractor or a construction subcontractor;

(f) "Minister" means the Minister of Labour;

(g) "trade union" means a trade union as defined in the TradeUnion Act that regulates relations between a construction contractoror a construction subcontractor and employees, and includes acouncil of trade unions;

(h) "work stoppage" means any discontinuance or cessation ofall or any part of the normal work or activity carried on by aconstruction contractor or a construction subcontractor andemployees on a construction project, except termination of all orany part of the construction project or a stoppage in work that isagreed upon by the construction contractor or constructionsubcontractor and employees or that is permitted by this Act orrequired by or under an enactment.

Trade Union Act terms
(2) In this Act, "collective bargaining", "collective agreement","strike" and "lockout" and any other term used but not defined in thisAct and defined in the Trade Union Act have the same meaning asdefined in the Trade Union Act. R.S., c. 90, s. 2.

NOTIFICATION OF CONSTRUCTION PROJECT

Notice to Minister
3 (1) When a construction contractor decides to undertake aconstruction project or enters into a contract, agreement or otherarrangement whereby he agrees to undertake a construction project, theconstruction contractor shall forthwith deliver to the Minister a notice inwriting containing

(a) sufficient information to identify the construction contractor,the person for whose benefit the construction project is beingundertaken, if any, and the construction subcontractors, if known;

(b) an estimate of the total projected cost or value of theconstruction project;

(c) sufficient information accompanied by plans, if necessary, toindicate the various kinds of work involved in the constructionproject; and

(d) the trades that are or may be involved in the constructionproject.

Publication of notice
(2) The Minister shall cause to be published a notification in the formthe Minister determines to be appropriate, indicating the intention of theconstruction contractor to commence the construction project andcontaining a list of the trades involved in the construction project.

Trades involved in construction project
(3) Subject to Section 4, the trades appearing in the list contained inthe notification published pursuant to subsection (2) are deemed to be thetrades involved in the construction project for the purpose of this Act.

Conference
(4) When the notification is published pursuant to subsection (2), theMinister shall call a conference to assist in the advancement of labour-management relations with respect to the construction project and shallrequest the attendance at the conference of the construction contractor,any construction subcontractors and the trade unions representing thetrades involved in the construction project.

Collection agreement prior to project commencement
(5) No construction contractor shall commence a construction projectuntil the trade unions representing the majority of the trades involved inthe construction project have entered into collective agreements withrespect to the construction project or have collective agreements that

(a) are binding upon the construction contractor or constructionsubcontractor, the trade union and the employees represented bythe trade union; and

(b) relate to, or were entered into in contemplation of, theconstruction project. R.S., c. 90, s. 3.

DETERMINATION OF QUESTIONS

Application for determination
4 (1) When a question arises respecting the projected cost or valueof an industrial project in the construction industry or whether aconstruction contractor has complied with subsection (5) of Section 3,any person may apply to the Construction Industry Panel of the LabourRelations Board (Nova Scotia) for a determination of the question.

Power and authority of Panel
(2) Where an application is made to the Construction Industry Panelof the Labour Relations Board (Nova Scotia) pursuant to subsection (1),the Panel has power and authority to determine the question and thePanel shall, if the construction contractor has not complied withsubsection (5) of Section 3, make an order requiring the constructioncontractor to comply with subsection (5) of Section 3 in the mannerdetermined in the order.

Rules and practice
(3) In an application under this Section, the rules, regulations andpractice applicable to applications and other proceedings before theConstruction Industry Panel of the Labour Relations Board (Nova Scotia)apply mutatis mutandis. R.S., c. 90, s. 4.

TERM OF COLLECTIVE AGREEMENT

"collective agreement" defined
5 (1) In this Section, "collective agreement" means a collectiveagreement as defined in the Trade Union Act that was entered into withrespect to the construction project or that relates to or was entered intoin contemplation of the construction project.

Minimum term
(2) Where a construction project is commenced, any collectiveagreement that is in force on the day of commencement remains in fullforce and effect, notwithstanding any provision in the collectiveagreement or in any enactment to the contrary, at least until

(a) the completion of the construction project or three yearsfrom the day of commencement, whichever is earlier; or

(b) the collective agreement is superseded by a new collectiveagreement.

Superseding agreement
(3) A collective agreement superseding a collective agreement that wasin force on the day a construction project was commenced or supersedinga further collective agreement also remains in full force and effect,notwithstanding any provision in the collective agreement or in anyenactment to the contrary, at least until

(a) the completion of the construction project or three yearsfrom the date of commencement of the collective agreement,whichever is earlier; or

(b) the collective agreement is superseded by a new collectiveagreement. R.S., c. 90, s. 5.

WORK STOPPAGES

Prohibition
6 No construction contractor, construction subcontractor, tradeunion, officer or agent of a trade union, employee or other person shallcall, declare, direct, authorize, engage in, participate in or otherwise aid,abet, counsel or procure a work stoppage by any means whatsoever,including the picketing of the site of the construction project. R.S., c. 90,s. 6.

COLLECTIVE BARGAINING

Duty to bargain collectively
7 When a trade union is or becomes involved in a constructionproject and has not entered into a collective agreement with respect to theconstruction project or does not have a collective agreement that relatesto or was entered into in contemplation of the construction project, thetrade union and the construction contractor or the constructionsubcontractor or someone on their behalf shall bargain collectively witha view to arriving at a collective agreement in accordance with the TradeUnion Act. R.S., c. 90, s. 7.

OFFENCES

Picketing
8 (1) Where a majority of the trade unions involved in aconstruction project have collective agreements as defined in subsection(1) of Section 5, every person who pickets the site of a constructionproject is guilty of an offence and is liable to a penalty not exceeding onethousand dollars.

Failure or refusal to comply
(2) Every person who fails or refuses to comply with an order of theConstruction Industry Panel of the Labour Relations Board (Nova Scotia)made pursuant to subsection (2) of Section 4 is guilty of an offence andis liable on summary conviction to a penalty not exceeding one thousanddollars in the case of an individual or ten thousand dollars in any othercase.

Separate offence
(3) Each day that a person commits an offence under subsection (1) or(2) constitutes a separate offence.

Two or more counts in information
(4) An information charging an offence under subsection (1) or (2)may contain two or more counts charging the offence on each day that itwas alleged to be committed.

"person" defined
(5) In this Section, "person" includes a trade union and an employersorganization, and a prosecution may be brought against a trade union oran employers organization in the name of the trade union or employersorganization and for the purpose of such a prosecution a trade union oremployers organization is deemed to be a person, and any act or thingdone or omitted by an officer or agent of a trade union or employersorganization is deemed to be an act or thing done or omitted by the tradeunion or employers organization. R.S., c. 90, s. 8.

CONFLICT

Act prevails
9 (1) Where there is any conflict between this Act and the TradeUnion Act, this Act governs.

Binding of Crown
(2) This Act binds Her Majesty and any agent of Her Majesty. R.S.,c. 90, s. 9.

PROCLAMATION

Proclamation
10 (1) This Act comes into force on and not before such day as theGovernor in Council orders and declares by proclamation.

Partial proclamation and revocation
(2) A proclamation made under this Section may

(a) make this Act or any Section of this Act applicable to thewhole or any part of the Province;

(b) be suspended or revoked by the Governor in Council. R.S.,c. 90, s. 10.

NOTE - By order in council dated August 31, 1971, this Act is in force in PictouCounty.

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