Bill C-46: An Act to provide for the resumption and continuation of railway operations

First Session, Thirty-ninth Parliament, 55-56 Elizabeth II, 2006-2007 STATUTES OF CANADA 2007CHAPTER 8 An Act to provide for the resumption and continuation of railway operations ASSENTED TO 18th APRIL, 2007 BILL C-46 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to provide for the resumption and continuation of railway operations”. SUMMARY This enactment provides for the resumption and continuation of railway operations and imposes a final offer selection process to resolve matters remaining in dispute between the parties. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO PROVIDE FOR THE RESUMPTION AND CONTINUATION OR RAILWAY OPERATIONS SHORT TITLE 1.       Railway Continuation Act, 2007 INTERPRETATION 2.       Definitions RAILWAY OPERATIONS 3.       Resumption or continuation of railway operations OBLIGATIONS 4.       Obligations of employer 5.       Obligations of union EXTENSION OF EACH COLLECTIVE AGREEMENT 6.       Extension of each collective agreement 7.       Strikes and lockouts prohibited FINAL OFFER SELECTION 8.       Appointment of arbitrator 9.       Powers of arbitrator 10.       Obligation to provide final offer 11.       Duties of arbitrator 12.       Proceedings prohibited 13.       New collective agreements not precluded NEW COLLECTIVE AGREEMENTS 14.       New collective agreements COSTS 15.       Costs AMENDMENT OF NEW COLLECTIVE AGREEMENTS 16.       Amendments ENFORCEMENT 17.       Individuals 18.       No imprisonment 19.       Recovery of fines 20.       Presumption COMING INTO FORCE 21.       Coming into force .vis1 {position: absolute;display:block;} .vis2 {position: static;} 55-56 ELIZABETH II —————— CHAPTER 8 An Act to provide for the resumption and continuation of railway operations [Assented to 18th April, 2007] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Railway Continuation Act, 2007. INTERPRETATION Definitions 2. (1) The following definitions apply in this Act. “arbitrator”« arbitre » “arbitrator” means the arbitrator appointed under section 8. “collective agreement”« convention collective » “collective agreement” means each of the collective agreements 4.16, 4.2 and 4.3 between the employer and the union that expired on December 31, 2006 and the BC Rail agreement referred to in the protocol signed by representatives of the employer and the union on February 24, 2007, and includes any related arrangements between the employer and the union concerning terms and conditions of employment or benefits related to employment. “employee”« employé » “employee” means a person employed by the employer and bound by a collective agreement. “employer”« employeur » “employer” means the Canadian National Railway Company. “Minister”« ministre » “Minister” means the Minister of Labour. “union”« syndicat » “union” means the United Transportation Union, or any other trade union certified by the Canada Industrial Relations Board to represent the employees. Words and expressions (2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part I of the Canada Labour Code. RAILWAY OPERATIONS Resumption or continuation of railway operations 3. On the coming into force of this Act, (a) the employer shall resume without delay, or continue, as the case may be, operation of railway and subsidiary services; and (b) every employee shall, when so required, resume without delay, or continue, as the case may be, the duties of that employee’s employment. OBLIGATIONS 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 Act. Obligations of union 5. The union and each officer and represent- ative of the union shall (a) without delay on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, operation of railway and subsidiary services are to be resumed or continued, as the case may be, and that the employees, when so required, are to resume without delay, or continue, as the case may be, the duties of their employment; (b) take all reasonable steps to ensure that employees comply with paragraph 3(b); and (c) refrain from any conduct that may encourage employees not to comply with paragraph 3(b). EXTENSION OF EACH COLLECTIVE AGREEMENT Extension of each collective agreement 6. (1) The term of each collective agreement is extended to include the period beginning on January 1, 2007 and ending on the day on which new collective agreements between the employer and the union come into effect. Collective agreement binding for extended term (2) Each collective agreement, as extended by subsection (1), is effective and binding on the parties to it during the period for which it is extended despite anything in the collective agreement or in Part I of the Canada Labour Code. That Part applies in respect of the collective agreement, as extended, as if that period were the term of the collective agreement. Strikes and lockouts prohibited 7. 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; (b) no officer or representative of the union shall declare or authorize a strike against the employer; and (c) no employee shall participate in a strike against the employer. FINAL OFFER SELECTION Appointment of arbitrator 8. The Minister shall appoint as arbitrator for final offer selection a person that the Minister considers appropriate. Powers of arbitrator 9. The arbitrator has, with any modifications that the circumstances require, all the powers and duties of an arbitrator under sections 60 and 61 of the Canada Labour Code. Obligation to provide final offer 10. (1) Within the time and in the manner that the arbitrator may specify, the employer and the union shall each submit to the arbitrator (a) a list of the matters on which the employer and the union were in agreement as of a date specified by the arbitrator and proposed contractual language that would give effect to those matters; (b) a list of the matters remaining in dispute on that date; and (c) a final offer in respect of the matters referred to in paragraph (b). Contractual language (2) The final offer must be submitted with proposed contractual language that can be incorporated into the new collective agreements. Duties of arbitrator 11. (1) Subject to section 13, within 90 days after being appointed, or within any greater period that may be specified by the Minister, the arbitrator shall (a) determine the matters on which the employer and the union were in agreement as of the date specified for the purposes of paragraph 10(1)(a); (b) determine the matters remaining in dispute on that date; (c) select, in order to resolve the matters remaining in dispute, either the final offer submitted by the employer or the final offer submitted by the union; (d) make a decision in respect of the resolution of the matters referred to in this subsection and send a copy of the decision to the employer and the union; and (e) forward a copy of the decision to the Minister. Where no final offer submitted (2) If either the employer or the union fails to provide the arbitrator with a final offer in accordance with paragraph 10(1)(c), the arbitrator shall select the final offer provided by the other party. Contractual language (3) The arbitrator’s decision shall be drafted in such manner as to constitute new collective agreements between the employer and the union and, to the extent that it is possible, incorporate the contractual language referred to in paragraph 10(1)(a) and the final offer selected by the arbitrator. Proceedings prohibited 12. No order may be made, no process may be entered into and no proceeding may be taken in court (a) to question the appointment of the arbitrator; or (b) to review, prohibit or restrain any proceeding or decision of the arbitrator. New collective agreements not precluded 13. Nothing in this Act precludes the employer and the union from entering into new collective agreements at any time before the arbitrator makes a decision and, if they do so, the arbitrator’s duties under this Act cease as of the day on which the new collective agreements are entered into. NEW COLLECTIVE AGREEMENTS New collective agreements 14. (1) The arbitrator’s decision constitutes new collective agreements between the employer and the union effective as of the day on which it is made despite anything in Part I of the Canada Labour Code. That Part applies in respect of the new collective agreements as if they had been entered into under that Part. Coming into effect of provisions (2) The new collective agreements may provide that any of their provisions are effective and binding on a day that is before or after the day on which the new collective agreements become effective and binding. COSTS Costs 15. All costs incurred by Her Majesty in right of Canada relating to the appointment of the arbitrator and the exercise of the arbitrator’s duties under this Act are debts due to Her Majesty in right of Canada and may be recovered as such, in equal parts from the employer and the union, in any court of competent jurisdiction. AMENDMENT OF NEW COLLECTIVE AGREEMENTS Amendments 16. Nothing in this Act shall be construed so as to limit or restrict the rights of the parties to agree to amend any provision of the new collective agreements referred to in section 14, other than a provision relating to their term, and to give effect to the amendment. ENFORCEMENT Individuals 17. (1) An individual who contravenes any provision of this Act 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 (a) not more than $50,000 if 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) not more than $1,000 in any other case. Employer or union (2) If the employer or the union contravenes any provision of this Act, 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. No imprisonment 18. Despite 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 17. Recovery of fines 19. If a person is convicted of an offence under section 17 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. Presumption 20. For the purposes of this Act, the union is deemed to be a person. COMING INTO FORCE Coming into force 21. This Act comes into force on the expiry of the twenty-fourth hour after the time at which it is assented to. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada