Maintenance of Railway Operations Act, 1995
S.C. 1995, c. 6
Assented to 1995-03-26
An Act to provide for the maintenance of railway operations and subsidiary services
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Maintenance of Railway Operations Act, 1995.
PART I Canadian National Railway Company
Interpretation
Marginal note:Definitions
2 (1) In this Part,
collective agreement
convention collective
collective agreement means a collective agreement between the employer and a union that expired on December 31, 1993, and includes any related arrangements between the employer and the union concerning terms and conditions of employment or benefits related to employment; (convention collective)
Commission
commission
Commission means a Mediation-Arbitration Commission established under this Part; (commission)
employee
employé
employee means a person who is employed by the employer and is a member of a bargaining unit represented by a union; (employé)
employer
employeur
employer means the Canadian National Railway Company; (employeur)
Minister
ministre
Minister means the Minister of Labour; (ministre)
union
syndicat
union means a trade union named in Schedule I. (syndicat)
Marginal note:Words and expressions
(2) Unless otherwise provided, words and expressions used in this Part have the same meaning as in Part I of the Canada Labour Code.
Railway Operations
Marginal note:Operations
3 On the coming into force of this Part,
(a) the employer shall continue or forthwith resume, as the case may be, operation of railway and subsidiary services; and
(b) every employee shall, when required to do so, continue or forthwith resume, as the case may be, the duties of that employee’s employment.
Obligations
Marginal note:Obligations of employer
4 Neither the employer nor any officer or representative of the employer shall
(a) in any manner impede any employee from complying with paragraph 3(b); or
(b) discharge 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.
Marginal note:Obligations of unions
5 Each union and each officer and representative of each union shall
(a) forthwith on the coming into force of this Part, give notice to the employees who are members of a bargaining unit represented by the union that, by reason of that coming into force, railway and subsidiary services are to be continued or resumed, as the case may be, and that those employees, when required to do so, are to continue or forthwith resume, as the case may be, the duties of their employment;
(b) take all reasonable steps to ensure that those employees comply with paragraph 3(b); and
(c) refrain from any conduct that may encourage employees to not comply with paragraph 3(b).
Extension of Collective Agreements
Marginal note:Extension of collective agreements
6 (1) The term of each collective agreement between the employer and a union is extended to include the period beginning on January 1, 1994 and ending on the day on which a new collective agreement between the employer and the union comes into effect.
Marginal note:Collective agreements binding for extended term
(2) Each collective agreement extended by subsection (1) is effective and binding on the parties to it for the period for which it is extended, notwithstanding anything in the collective agreement or in Part I of the Canada Labour Code, and Part I of that Act applies in respect of the collective agreement as if that period were the term of the collective agreement.
Terms and Conditions of Employment
Marginal note:Terms and conditions of employment remain in effect
7 The terms and conditions of employment in effect immediately before March 2, 1995 for employees in the bargaining unit of shopcraft employees represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada) and whose collective agreements expired on December 31, 1991 remain in effect for the period beginning on March 2, 1995 and ending on the date on which a new collective agreement between the employer and that union comes into effect for those employees.
Strikes and Lockouts Prohibited
Marginal note:Strikes and lockouts prohibited
8 (1) During the term of each collective agreement, as extended by subsection 6(1),
(a) the employer shall not declare or cause a lockout against the union that is a party to the collective agreement;
(b) no officer or representative of the union that is a party to the collective agreement shall declare or authorize a strike against the employer; and
(c) no employee who is bound by the collective agreement shall participate in a strike against the employer.
Marginal note:Strikes and lockouts prohibited — shopcraft employees
(2) During the period referred to in section 7,
(a) the employer shall not declare or cause a lockout against the union referred to in that section in respect of the bargaining unit of shopcraft employees;
(b) no officer or representative of that union shall declare or authorize a strike against the employer in respect of that bargaining unit; and
(c) no employee who is a member of that bargaining unit and who is subject to the terms and conditions of employment referred to in that section shall participate in a strike against the employer.
Mediation-Arbitration Commissions
Marginal note:Mediation-Arbitration Commissions
9 After the coming into force of this Part, a Mediation-Arbitration Commission shall be established in accordance with section 10 in respect of each of the following bargaining units and the Minister shall, subject to subsection 10(8), refer to each Commission all matters that at the time of the establishment of the Commission remain in dispute between the parties in relation to the conclusion of a new collective agreement:
(a) the bargaining unit of clerical employees represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada);
(b) the bargaining unit of shopcraft employees represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada) pursuant to an order issued by the Canada Labour Relations Board on June 29, 1994;
(c) the bargaining unit of maintenance of way employees represented by the Brotherhood of Maintenance of Way Employees;
(d) the bargaining unit of all running trades employees represented by the Canadian Council of Railway Operating Unions pursuant to an order issued by the Canada Labour Relations Board on August 9, 1993;
(e) the bargaining unit of security personnel represented by the Canadian National Railways Police Association;
(f) the bargaining unit of signallers and other employees represented by the International Brotherhood of Electrical Workers; and
(g) the bargaining unit of traffic controllers and other employees represented by the Rail Canada Traffic Controllers.
Marginal note:Composition
10 (1) Each Commission shall consist of a Chairperson and two other members, one of whom shall represent the union representing the bargaining unit and the other of whom shall represent the employer.
Marginal note:Appointment of members
(2) Forthwith after the coming into force of this Part, the Minister shall, by notice in writing in respect of each Commission, require the employer and the union representing the bargaining unit to each appoint a person to represent it on the Commission.
Marginal note:Failure to appoint
(3) Where the employer or a union fails or neglects to appoint a member of a Commission within seven days after receiving the notice referred to in subsection (2), the Minister shall appoint, as a member of the Commission, a person whom the Minister considers to be qualified to be such a member, and the member so appointed shall be deemed to have been appointed by the employer or the union, as the case may be.
Marginal note:Appointment of Chairperson
(4) The Minister shall, before giving the notice referred to in subsection (5), appoint as Chairperson of a Commission a person whom the Minister considers to be qualified to be Chairperson.
Marginal note:Notification to parties
(5) When the employer and the union representing the bargaining unit have notified the Minister of their appointment of a person to represent them, or when a member is deemed to have been appointed for them, the Minister shall give notice to the employer and the union of the names of the members of the Commission, and thereupon it shall be conclusively presumed that the Commission described in the notice has been established as of the date the notice is given.
Marginal note:Substitution of member
(6) Where a person ceases to be a member of a Commission before the Commission has completed its work, another member shall be appointed in the person’s place in accordance with this section.
Marginal note:Same person may be appointed
(7) A person may be appointed to more than one Commission.
Marginal note:Tentative agreements
(8) Where the employer and a union representing a bargaining unit referred to in section 9 have, before the issuance of the notice referred to in subsection (2) or (5),
(a) reached a tentative agreement for the resolution of the matters in dispute between them, or
(b) agreed to a process for the final resolution of those matters,
the Minister may defer the giving of the notice until such time as the Minister considers appropriate, and if a new collective agreement is entered into between the employer and the union in respect of the bargaining unit before that time, a Commission need not be established in respect of the bargaining unit.
Marginal note:Matters referred to Commission
(9) Where the giving of the notice referred to in subsection (2) or (5) in respect of a Commission is deferred and the Minister subsequently considers that the establishment of the Commission is necessary, the Minister shall give to the parties the notice that has been deferred and, on the establishment of the Commission, the Minister shall refer to the Commission all matters for which there is no final settlement at the time of the establishment of the Commission.
Marginal note:Duties
11 (1) Within seventy days after its establishment or such longer period as the Minister may allow, each Commission shall
(a) for the purpose of concluding a new collective agreement between the employer and the union representing the bargaining unit in respect of which the Commission was established,
(i) endeavour to mediate all the matters referred to it and to bring about an agreement between the employer and the union on those matters, and
(ii) if the Commission is unable to do so in respect of any such matter, hear the employer and the union on the matter, arbitrate the matter and render a decision;
(b) fix a date for the termination of the new collective agreement established by this Part between the employer and the union, which date may not be earlier than December 31, 1997; and
(c) report to the Minister on the resolution of all such matters.
Marginal note:Appropriate contractual language
(2) Each Commission shall ensure that any agreement or decision referred to in paragraph (1)(a) is in appropriate contractual language so as to allow its incorporation into the appropriate collective agreement or, where necessary, draft a new agreement between the employer and the union that contains all agreements and decisions referred to in that paragraph.
Marginal note:Guiding principle
12 Each Commission shall be guided by the need for terms and conditions of employment that are consistent with the economic viability and competitiveness of a coast-to-coast rail system in both the short and the long term, taking into account the importance of good labour-management relations.
Marginal note:Powers
13 Each Commission has, with such modifications as the circumstances require,
(a) for the purposes of the mediation referred to in subparagraph 11(1)(a)(i), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code, and
(b) for the purposes of the arbitration referred to in subparagraph 11(1)(a)(ii), all the powers and duties of an arbitrator under sections 60 and 61 of that Act
and, with the approval of the Minister, may engage the services of such technical advisers or other experts and assistants as the Commission considers necessary.
Marginal note:Decisions of Commission
14 The decision of a majority of the members of a Commission is the decision of the Commission, but if a majority of the members of the Commission cannot agree on a decision, the decision of the Chairperson of the Commission is the decision of the Commission.
Marginal note:Incorporation in collective agreement
15 (1) As of the day that a Commission reports to the Minister pursuant to paragraph 11(1)(c), each collective agreement between the employer and a union shall be deemed to be amended by the incorporation therein of
(a) any agreement resolving the matters in dispute between the employer and the union arrived at before, or pursuant to, mediation by the Commission; and
(b) any decision of the Commission in respect of any matters arbitrated by it.
Marginal note:New collective agreement
(2) Each collective agreement amended by subsection (1), or each new agreement drafted by the Commission pursuant to subsection 11(2), as the case may be, constitutes a new collective agreement that, subject to subsection (3), is effective and binding on the parties thereto for a period beginning on the day on which the report of the Commission is submitted to the Minister and ending on the day fixed by the Commission pursuant to paragraph 11(1)(b), notwithstanding anything in Part I of the Canada Labour Code, and that Part applies in respect of the new collective agreement as if it had been entered into pursuant to that Part.
Marginal note:Coming into effect of provisions
(3) A new collective agreement established by this Part may provide that any provision thereof is effective and binding on a day before or after the day on which the new collective agreement becomes effective and binding.
Marginal note:Proceedings prohibited
16 No order shall be made, no process shall be entered into and no proceeding shall be taken in any court
(a) to question the establishment of a Commission or the appointment of any member of a Commission; or
(b) to review, prohibit or restrain any proceeding or decision of a Commission.
Costs
Marginal note:Costs to be paid by Her Majesty
17 (1) Subject to subsection (2), all costs relating to the establishment of each Commission and the exercise of its duties shall be paid by Her Majesty in right of Canada.
Marginal note:Costs to be paid by employer and unions
(2) The employer and the union representing a bargaining unit in respect of which a Commission was established shall each pay their own costs incurred in relation to the application of this Part, and each shall pay the fees and expenses of the member of the Commission who is appointed, or deemed to have been appointed, by it.
Marginal note:Recovery
(3) All amounts paid by Her Majesty in right of Canada in respect of a Commission are debts due to Her Majesty in right of Canada and may be recovered as such, in equal parts, in any court of competent jurisdiction from the employer and the union representing the bargaining unit in respect of which the Commission was established.
Amendment of Collective Agreement
Marginal note:Parties may amend collective agreement
18 Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to a collective agreement to agree to amend any provision of any collective agreement the term of which is extended by this Part or any provision of any new collective agreement established by this Part, other than a provision relating to the term of the collective agreement, and to give effect thereto.
Enforcement
Marginal note:Individuals
19 (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 of not more than
(a) $50,000, where the individual was acting in the capacity of an officer or representative of the employer or a union when the offence was committed; and
(b) $1,000, in any other case.
Marginal note:Employer or union
(2) Where the employer or a 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:No imprisonment
20 Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under section 19.
Marginal note:Recovery of fines
21 Where a person is convicted of an offence under section 19 and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.
Marginal note:Presumption
22 For the purposes of this Part, each union is deemed to be a person.
Exception
Marginal note:Exception
23 Nothing in this Part applies in respect of any collective agreement entered into after January 1, 1995 and before the coming into force of this Part.
Coming into Force
Marginal note:Coming into force
24 This Part and Schedule I shall come into force on the expiration of the twelfth hour after the time at which this Act is assented to.
PART II Canadian Pacific Limited
Interpretation
Marginal note:Definitions
25 (1) In this Part,
collective agreement
convention collective
collective agreement means a collective agreement between the employer and a union that expired on December 31, 1993, and includes any related arrangements between the employer and the union concerning terms and conditions of employment or benefits related to employment; (convention collective)
Commission
commission
Commission means a Mediation-Arbitration Commission established under this Part; (commission)
employee
employé
employee means a person who is employed by the employer and is a member of a bargaining unit represented by a union; (employé)
employer
employeur
employer means Canadian Pacific Limited carrying on business as CP Rail System; (employeur)
Minister
ministre
Minister means the Minister of Labour; (ministre)
union
syndicat
union means a trade union named in Schedule II. (syndicat)
Marginal note:Words and expressions
(2) Unless otherwise provided, words and expressions used in this Part have the same meaning as in Part I of the Canada Labour Code.
Railway Operations
Marginal note:Operations
26 On the coming into force of this Part,
(a) the employer shall continue or forthwith resume, as the case may be, operation of railway and subsidiary services; and
(b) every employee shall, when required to do so, continue or forthwith resume, as the case may be, the duties of that employee’s employment.
Obligations
Marginal note:Obligations of employer
27 Neither the employer nor any officer or representative of the employer shall
(a) in any manner impede any employee from complying with paragraph 26(b); or
(b) discharge 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.
Marginal note:Obligations of unions
28 Each union and each officer and representative of each union shall
(a) forthwith on the coming into force of this Part, give notice to the employees who are members of a bargaining unit represented by the union that, by reason of that coming into force, railway and subsidiary services are to be continued or resumed, as the case may be, and that those employees, when required to do so, are to continue or forthwith resume, as the case may be, the duties of their employment;
(b) take all reasonable steps to ensure that those employees comply with paragraph 26(b); and
(c) refrain from any conduct that may encourage employees to not comply with paragraph 26(b).
Extension of Collective Agreements
Marginal note:Extension of collective agreements
29 (1) The term of each collective agreement between the employer and a union is extended to include the period beginning on January 1, 1994 and ending on the day on which a new collective agreement between the employer and the union comes into effect.
Marginal note:Collective agreements binding for extended term
(2) Each collective agreement extended by subsection (1) is effective and binding on the parties to it for the period for which it is extended, notwithstanding anything in the collective agreement or in Part I of the Canada Labour Code, and Part I of that Act applies in respect of the collective agreement as if that period were the term of the collective agreement.
Strikes and Lockouts Prohibited
Marginal note:Strikes and lockouts prohibited
30 During the term of each collective agreement, as extended by subsection 29(1),
(a) the employer shall not declare or cause a lockout against the union that is a party to the collective agreement;
(b) no officer or representative of the union that is a party to the collective agreement shall declare or authorize a strike against the employer; and
(c) no employee who is bound by the collective agreement shall participate in a strike against the employer.
Mediation-Arbitration Commissions
Marginal note:Mediation-Arbitration Commissions
31 After the coming into force of this Part, a Mediation-Arbitration Commission shall be established in accordance with section 32 in respect of each of the following bargaining units and the Minister shall, subject to subsection 32(8), refer to each Commission all matters that at the time of the establishment of the Commission remain in dispute between the parties in relation to the conclusion of a new collective agreement:
(a) the bargaining unit of clerical employees represented by the Transportation Communications International Union;
(b) the bargaining unit of shopcraft employees represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada) pursuant to an order issued by the Canada Labour Relations Board on April 22, 1994;
(c) the bargaining unit of maintenance of way employees represented by the Brotherhood of Maintenance of Way Employees;
(d) the bargaining unit of all running trades employees represented by the Canadian Council of Railway Operating Unions pursuant to an order issued by the Canada Labour Relations Board on August 9, 1993;
(e) the bargaining unit of security personnel represented by the Canadian Pacific Police Association;
(f) the bargaining unit of signallers and other employees represented by the International Brotherhood of Electrical Workers; and
(g) the bargaining unit of traffic controllers and other employees represented by the Rail Canada Traffic Controllers.
Marginal note:Composition
32 (1) Each Commission shall consist of a Chairperson and two other members, one of whom shall represent the union representing the bargaining unit and the other of whom shall represent the employer.
Marginal note:Appointment of members
(2) Forthwith after the coming into force of this Part, the Minister shall, by notice in writing in respect of each Commission, require the employer and the union representing the bargaining unit to each appoint a person to represent it on the Commission.
Marginal note:Failure to appoint
(3) Where the employer or a union fails or neglects to appoint a member of a Commission within seven days after receiving the notice referred to in subsection (2), the Minister shall appoint, as a member of the Commission, a person whom the Minister considers to be qualified to be such a member, and the member so appointed shall be deemed to have been appointed by the employer or the union, as the case may be.
Marginal note:Appointment of Chairperson
(4) The Minister shall, before giving the notice referred to in subsection (5), appoint as Chairperson of a Commission a person whom the Minister considers to be qualified to be Chairperson.
Marginal note:Notification to parties
(5) When the employer and the union representing the bargaining unit have notified the Minister of their appointment of a person to represent them, or when a member is deemed to have been appointed for them, the Minister shall give notice to the employer and the union of the names of the members of the Commission, and thereupon it shall be conclusively presumed that the Commission described in the notice has been established as of the date the notice is given.
Marginal note:Substitution of member
(6) Where a person ceases to be a member of a Commission before the Commission has completed its work, another member shall be appointed in the person’s place in accordance with this section.
Marginal note:Same person may be appointed
(7) A person may be appointed to more than one Commission.
Marginal note:Tentative agreements
(8) Where the employer and a union representing a bargaining unit referred to in section 31 have, before the issuance of the notice referred to in subsection (2) or (5),
(a) reached a tentative agreement for the resolution of the matters in dispute between them, or
(b) agreed to a process for the final resolution of those matters,
the Minister may defer the giving of the notice until such time as the Minister considers appropriate, and if a new collective agreement is entered into between the employer and the union in respect of the bargaining unit before that time, a Commission need not be established in respect of the bargaining unit.
Marginal note:Matters referred to Commission
(9) Where the giving of the notice referred to in subsection (2) or (5) in respect of a Commission is deferred and the Minister subsequently considers that the establishment of the Commission is necessary, the Minister shall give to the parties the notice that has been deferred and, on the establishment of the Commission, the Minister shall refer to the Commission all matters for which there is no final settlement at the time of the establishment of the Commission.
Marginal note:Duties
33 (1) Within seventy days after its establishment or such longer period as the Minister may allow, each Commission shall
(a) for the purpose of concluding a new collective agreement between the employer and the union representing the bargaining unit in respect of which the Commission was established,
(i) endeavour to mediate all the matters referred to it and to bring about an agreement between the employer and the union on those matters, and
(ii) if the Commission is unable to do so in respect of any such matter, hear the employer and the union on the matter, arbitrate the matter and render a decision;
(b) fix a date for the termination of the new collective agreement established by this Part between the employer and the union, which date may not be earlier than December 31, 1997; and
(c) report to the Minister on the resolution of all such matters.
Marginal note:Appropriate contractual language
(2) Each Commission shall ensure that any agreement or decision referred to in paragraph (1)(a) is in appropriate contractual language so as to allow its incorporation into the appropriate collective agreement or, where necessary, draft a new agreement between the employer and the union that contains all agreements and decisions referred to in that paragraph.
Marginal note:Guiding principle
34 Each Commission shall be guided by the need for terms and conditions of employment that are consistent with the economic viability and competitiveness of a coast-to-coast rail system in both the short and the long term, taking into account the importance of good labour-management relations.
Marginal note:Powers
35 Each Commission has, with such modifications as the circumstances require,
(a) for the purposes of the mediation referred to in subparagraph 33(1)(a)(i), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code, and
(b) for the purposes of the arbitration referred to in subparagraph 33(1)(a)(ii), all the powers and duties of an arbitrator under sections 60 and 61 of that Act
and, with the approval of the Minister, may engage the services of such technical advisers or other experts and assistants as the Commission considers necessary.
Marginal note:Decisions of Commission
36 The decision of a majority of the members of a Commission is the decision of the Commission, but if a majority of the members of the Commission cannot agree on a decision, the decision of the Chairperson of the Commission is the decision of the Commission.
Marginal note:Incorporation in collective agreement
37 (1) As of the day that a Commission reports to the Minister pursuant to paragraph 33(1)(c), each collective agreement between the employer and a union shall be deemed to be amended by the incorporation therein of
(a) any agreement resolving the matters in dispute between the employer and the union arrived at before, or pursuant to, mediation by the Commission; and
(b) any decision of the Commission in respect of any matters arbitrated by it.
Marginal note:New collective agreement
(2) Each collective agreement amended by subsection (1), or each new agreement drafted by the Commission pursuant to subsection 33(2), as the case may be, constitutes a new collective agreement that, subject to subsection (3), is effective and binding on the parties thereto for a period beginning on the day on which the report of the Commission is submitted to the Minister and ending on the day fixed by the Commission pursuant to paragraph 33(1)(b), notwithstanding anything in Part I of the Canada Labour Code, and that Part applies in respect of the new collective agreement as if it had been entered into pursuant to that Part.
Marginal note:Coming into effect of provisions
(3) A new collective agreement established by this Part may provide that any provision thereof is effective and binding on a day before or after the day on which the new collective agreement becomes effective and binding.
Marginal note:Proceedings prohibited
38 No order shall be made, no process shall be entered into and no proceeding shall be taken in any court
(a) to question the establishment of a Commission or the appointment of any member of a Commission; or
(b) to review, prohibit or restrain any proceeding or decision of a Commission.
Costs
Marginal note:Costs to be paid by Her Majesty
39 (1) Subject to subsection (2), all costs relating to the establishment of each Commission and the exercise of its duties shall be paid by Her Majesty in right of Canada.
Marginal note:Costs to be paid by employer and unions
(2) The employer and the union representing a bargaining unit in respect of which a Commission was established shall each pay their own costs incurred in relation to the application of this Part, and each shall pay the fees and expenses of the member of the Commission who is appointed, or deemed to have been appointed, by it.
Marginal note:Recovery
(3) All amounts paid by Her Majesty in right of Canada in respect of a Commission are debts due to Her Majesty in right of Canada and may be recovered as such, in equal parts, in any court of competent jurisdiction from the employer and the union representing the bargaining unit in respect of which the Commission was established.
Amendment of Collective Agreement
Marginal note:Parties may amend collective agreement
40 Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to a collective agreement to agree to amend any provision of any collective agreement the term of which is extended by this Part or any provision of any new collective agreement established by this Part, other than a provision relating to the term of the collective agreement, and to give effect thereto.
Enforcement
Marginal note:Individuals
41 (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 of not more than
(a) $50,000, where the individual was acting in the capacity of an officer or representative of the employer or a union when the offence was committed; and
(b) $1,000, in any other case.
Marginal note:Employer or union
(2) Where the employer or a 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:No imprisonment
42 Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under section 41.
Marginal note:Recovery of fines
43 Where a person is convicted of an offence under section 41 and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.
Marginal note:Presumption
44 For the purposes of this Part, each union is deemed to be a person.
Exception
Marginal note:Exception
45 Nothing in this Part applies in respect of any collective agreement entered into after January 1, 1995 and before the coming into force of this Part.
Coming into Force
Marginal note:Coming into force
46 This Part and Schedule II shall come into force on the expiration of the twelfth hour after the time at which this Act is assented to.
PART III Via Rail Canada Inc.
Interpretation
Marginal note:Definitions
47 (1) In this Part,
collective agreement
convention collective
collective agreement means a collective agreement between the employer and a union that expired on December 31, 1993, and includes any related arrangements between the employer and the union concerning terms and conditions of employment or benefits related to employment; (convention collective)
Commission
commission
Commission means a Mediation-Arbitration Commission established under this Part; (commission)
employee
employé
employee means a person who is employed by the employer and is a member of a bargaining unit represented by a union; (employé)
employer
employeur
employer means Via Rail Canada Inc.; (employeur)
Minister
ministre
Minister means the Minister of Labour; (ministre)
union
syndicat
union means a trade union named in Schedule III. (syndicat)
Marginal note:Words and expressions
(2) Unless otherwise provided, words and expressions used in this Part have the same meaning as in Part I of the Canada Labour Code.
Railway Operations
Marginal note:Operations
48 On the coming into force of this Part,
(a) the employer shall continue or forthwith resume, as the case may be, operation of railway and subsidiary services; and
(b) every employee shall, when required to do so, continue or forthwith resume, as the case may be, the duties of that employee’s employment.
Obligations
Marginal note:Obligations of employer
49 Neither the employer nor any officer or representative of the employer shall
(a) in any manner impede any employee from complying with paragraph 48(b); or
(b) discharge 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.
Marginal note:Obligations of unions
50 Each union and each officer and representative of each union shall
(a) forthwith on the coming into force of this Part, give notice to the employees who are members of a bargaining unit represented by the union that, by reason of that coming into force, railway and subsidiary services are to be continued or resumed, as the case may be, and that those employees, when required to do so, are to continue or forthwith resume, as the case may be, the duties of their employment;
(b) take all reasonable steps to ensure that those employees comply with paragraph 48(b); and
(c) refrain from any conduct that may encourage employees to not comply with paragraph 48(b).
Extension of Collective Agreements
Marginal note:Extension of collective agreements
51 (1) The term of each collective agreement between the employer and a union is extended to include the period beginning on January 1, 1994 and ending on the day on which a new collective agreement between the employer and the union comes into effect.
Marginal note:Collective agreements binding for extended term
(2) Each collective agreement extended by subsection (1) is effective and binding on the parties to it for the period for which it is extended, notwithstanding anything in the collective agreement or in Part I of the Canada Labour Code, and Part I of that Act applies in respect of the collective agreement as if that period were the term of the collective agreement.
Strikes and Lockouts Prohibited
Marginal note:Strikes and lockouts prohibited
52 During the term of each collective agreement, as extended by subsection 51(1),
(a) the employer shall not declare or cause a lockout against the union that is a party to the collective agreement;
(b) no officer or representative of the union that is a party to the collective agreement shall declare or authorize a strike against the employer; and
(c) no employee who is bound by the collective agreement shall participate in a strike against the employer.
Mediation-Arbitration Commissions
Marginal note:Mediation-Arbitration Commissions
53 After the coming into force of this Part, a Mediation-Arbitration Commission shall be established in accordance with section 54 in respect of each of the following bargaining units and the Minister shall, subject to subsection 54(8), refer to each Commission all matters that at the time of the establishment of the Commission remain in dispute between the parties in relation to the conclusion of a new collective agreement:
(a) the bargaining unit of locomotive engineers represented by the Brotherhood of Locomotive Engineers;
(b) the bargaining unit of shopcraft employees represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada) pursuant to an order issued by the Canada Labour Relations Board on April 27, 1994;
(c) the bargaining unit of maintenance of way employees represented by the Brotherhood of Maintenance of Way Employees;
(d) the bargaining unit of off-train employees referred to in an order issued by the Canada Labour Relations Board on January 25, 1985 represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada);
(e) the bargaining unit of on-board service employees represented by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada); and
(f) the bargaining unit of all running trades employees represented by the United Transportation Union.
Marginal note:Composition
54 (1) Each Commission shall consist of a Chairperson and two other members, one of whom shall represent the union representing the bargaining unit and the other of whom shall represent the employer.
Marginal note:Appointment of members
(2) Forthwith after the coming into force of this Part, the Minister shall, by notice in writing in respect of each Commission, require the employer and the union representing the bargaining unit to each appoint a person to represent it on the Commission.
Marginal note:Failure to appoint
(3) Where the employer or a union fails or neglects to appoint a member of a Commission within seven days after receiving the notice referred to in subsection (2), the Minister shall appoint, as a member of the Commission, a person whom the Minister considers to be qualified to be such a member, and the member so appointed shall be deemed to have been appointed by the employer or the union, as the case may be.
Marginal note:Appointment of Chairperson
(4) The Minister shall, before giving the notice referred to in subsection (5), appoint as Chairperson of a Commission a person whom the Minister considers to be qualified to be Chairperson.
Marginal note:Notification to parties
(5) When the employer and the union representing the bargaining unit have notified the Minister of their appointment of a person to represent them, or when a member is deemed to have been appointed for them, the Minister shall give notice to the employer and the union of the names of the members of the Commission, and thereupon it shall be conclusively presumed that the Commission described in the notice has been established as of the date the notice is given.
Marginal note:Substitution of member
(6) Where a person ceases to be a member of a Commission before the Commission has completed its work, another member shall be appointed in the person’s place in accordance with this section.
Marginal note:Same person may be appointed
(7) A person may be appointed to more than one Commission.
Marginal note:Tentative agreements
(8) Where the employer and a union representing a bargaining unit referred to in section 53 have, before the issuance of the notice referred to in subsection (2) or (5),
(a) reached a tentative agreement for the resolution of the matters in dispute between them, or
(b) agreed to a process for the final resolution of those matters,
the Minister may defer the giving of the notice until such time as the Minister considers appropriate, and if a new collective agreement is entered into between the employer and the union in respect of the bargaining unit before that time, a Commission need not be established in respect of the bargaining unit.
Marginal note:Matters referred to Commission
(9) Where the giving of the notice referred to in subsection (2) or (5) in respect of a Commission is deferred and the Minister subsequently considers that the establishment of the Commission is necessary, the Minister shall give to the parties the notice that has been deferred and, on the establishment of the Commission, the Minister shall refer to the Commission all matters for which there is no final settlement at the time of the establishment of the Commission.
Marginal note:Duties
55 (1) Within seventy days after its establishment or such longer period as the Minister may allow, each Commission shall
(a) for the purpose of concluding a new collective agreement between the employer and the union representing the bargaining unit in respect of which the Commission was established,
(i) endeavour to mediate all the matters referred to it and to bring about an agreement between the employer and the union on those matters, and
(ii) if the Commission is unable to do so in respect of any such matter, hear the employer and the union on the matter, arbitrate the matter and render a decision;
(b) fix a date for the termination of the new collective agreement established by this Part between the employer and the union, which date may not be earlier than December 31, 1997; and
(c) report to the Minister on the resolution of all such matters.
Marginal note:Appropriate contractual language
(2) Each Commission shall ensure that any agreement or decision referred to in paragraph (1)(a) is in appropriate contractual language so as to allow its incorporation into the appropriate collective agreement or, where necessary, draft a new agreement between the employer and the union that contains all agreements and decisions referred to in that paragraph.
Marginal note:Guiding principle
56 Each Commission shall be guided by the need for terms and conditions of employment that are consistent with the economic viability and competitiveness of a coast-to-coast rail system in both the short and the long term, taking into account the importance of good labour-management relations.
Marginal note:Powers
57 Each Commission has, with such modifications as the circumstances require,
(a) for the purposes of the mediation referred to in subparagraph 55(1)(a)(i), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code, and
(b) for the purposes of the arbitration referred to in subparagraph 55(1)(a)(ii), all the powers and duties of an arbitrator under sections 60 and 61 of that Act
and, with the approval of the Minister, may engage the services of such technical advisers or other experts and assistants as the Commission considers necessary.
Marginal note:Decisions of Commission
58 The decision of a majority of the members of a Commission is the decision of the Commission, but if a majority of the members of the Commission cannot agree on a decision, the decision of the Chairperson of the Commission is the decision of the Commission.
Marginal note:Incorporation in collective agreement
59 (1) As of the day that a Commission reports to the Minister pursuant to paragraph 55(1)(c), each collective agreement between the employer and a union shall be deemed to be amended by the incorporation therein of
(a) any agreement resolving the matters in dispute between the employer and the union arrived at before, or pursuant to, mediation by the Commission; and
(b) any decision of the Commission in respect of any matters arbitrated by it.
Marginal note:New collective agreement
(2) Each collective agreement amended by subsection (1), or each new agreement drafted by the Commission pursuant to subsection 55(2), as the case may be, constitutes a new collective agreement that, subject to subsection (3), is effective and binding on the parties thereto for a period beginning on the day on which the report of the Commission is submitted to the Minister and ending on the day fixed by the Commission pursuant to paragraph 55(1)(b), notwithstanding anything in Part I of the Canada Labour Code, and that Part applies in respect of the new collective agreement as if it had been entered into pursuant to that Part.
Marginal note:Coming into effect of provisions
(3) A new collective agreement established by this Part may provide that any provision thereof is effective and binding on a day before or after the day on which the new collective agreement becomes effective and binding.
Marginal note:Proceedings prohibited
60 No order shall be made, no process shall be entered into and no proceeding shall be taken in any court
(a) to question the establishment of a Commission or the appointment of any member of a Commission; or
(b) to review, prohibit or restrain any proceeding or decision of a Commission.
Costs
Marginal note:Costs to be paid by Her Majesty
61 (1) Subject to subsection (2), all costs relating to the establishment of each Commission and the exercise of its duties shall be paid by Her Majesty in right of Canada.
Marginal note:Costs to be paid by employer and unions
(2) The employer and the union representing a bargaining unit in respect of which a Commission was established shall each pay their own costs incurred in relation to the application of this Part, and each shall pay the fees and expenses of the member of the Commission who is appointed, or deemed to have been appointed, by it.
Marginal note:Recovery
(3) All amounts paid by Her Majesty in right of Canada in respect of a Commission are debts due to Her Majesty in right of Canada and may be recovered as such, in equal parts, in any court of competent jurisdiction from the employer and the union representing the bargaining unit in respect of which the Commission was established.
Amendment of Collective Agreement
Marginal note:Parties may amend collective agreement
62 Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to a collective agreement to agree to amend any provision of any collective agreement the term of which is extended by this Part or any provision of any new collective agreement established by this Part, other than a provision relating to the term of the collective agreement, and to give effect thereto.
Enforcement
Marginal note:Individuals
63 (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 of not more than
(a) $50,000, where the individual was acting in the capacity of an officer or representative of the employer or a union when the offence was committed; and
(b) $1,000, in any other case.
Marginal note:Employer or union
(2) Where the employer or a 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:No imprisonment
64 Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under section 63.
Marginal note:Recovery of fines
65 Where a person is convicted of an offence under section 63 and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.
Marginal note:Presumption
66 For the purposes of this Part, each union is deemed to be a person.
Exception
Marginal note:Exception
67 Nothing in this Part applies in respect of any collective agreement entered into after January 1, 1995 and before the coming into force of this Part.
Coming into Force
Marginal note:Coming into force
68 This Part and Schedule III shall come into force on the expiration of the twelfth hour after the time at which this Act is assented to.
SCHEDULE I(Subsection 2(1) and section 24)
Brotherhood of Maintenance of Way Employees
Fraternité des préposés à l’entretien des voies
Canadian Council of Railway Operating Unions
Conseil canadien des syndicats opérationnels de chemins de fer
Canadian National Railways Police Association
Association des policiers de la Compagnie des chemins de fer nationaux
International Brotherhood of Electrical Workers
Fraternité internationale des ouvriers en électricité
National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada)
Syndicat national de l’automobile, de l’aérospatiale, du transport et des autres travailleurs et travailleuses du Canada (TCA — Canada)
Rail Canada Traffic Controllers
Contrôleurs de circulation ferroviaire du Canada
SCHEDULE II(Subsection 25(1) and section 46)
Brotherhood of Maintenance of Way Employees
Fraternité des préposés à l’entretien des voies
Canadian Council of Railway Operating Unions
Conseil canadien des syndicats opérationnels de chemins de fer
Canadian Pacific Police Association
Association des policiers du Canadien pacifique limitée
International Brotherhood of Electrical Workers
Fraternité internationale des ouvriers en électricité
National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada)
Syndicat national de l’automobile, de l’aérospatiale, du transport et des autres travailleurs et travailleuses du Canada (TCA — Canada)
Transportation Communications International Union
Syndicat international des transports-communications
Rail Canada Traffic Controllers
Contrôleurs de circulation ferroviaire du Canada
SCHEDULE III(Subsection 47(1) and section 68)
Brotherhood of Locomotive Engineers
Fraternité des ingénieurs de locomotives
Brotherhood of Maintenance of Way Employees
Fraternité des préposés à l’entretien des voies
National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW — Canada)
Syndicat national de l’automobile, de l’aérospatiale, du transport et des autres travailleurs et travailleuses du Canada (TCA — Canada)
United Transportation Union
Travailleurs unis des transports
