Marginal note:Agreement binding for extended term

9. The terms and conditions of the collective agreement to which this Act applies, as amended pursuant to this Act, are effective and binding on the parties thereto for the period mentioned in section 5 notwithstanding anything in Part V of the Canada Labour Code or in that agreement, and

• (a) Part V of the Canada Labour Code applies in respect of the agreement, as so amended, as if the period for which the agreement is extended by this Act were the term of the agreement; and

• (b) the agreement, as so amended, shall, for the purposes of any Act of Parliament, be deemed to be an agreement between the company and each of its employees who are members of the union on all matters relating to their employment.

Marginal note:Development of appropriate contractual language

Footnote ^*10. On the coming into force of this Act, the company and the union shall make every reasonable effort to develop the appropriate contractual language necessary to carry out the intent of section 6 in respect of the collective agreement to which this Act applies and to which they are parties.

• Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being November 18, 1986), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]

Marginal note:Appointment

• 11. (1) Where, in the opinion of the Minister, the parties to the collective agreement to which this Act applies are unable to agree on the interpretation of an amendment referred to in section 6 that is deemed to be incorporated in the agreement or are unable to agree on the appropriate contractual language of any such amendment, the Minister may appoint a referee who shall

  • (a) where interpretation of an amendment is in dispute, interpret the amendment for the purpose of its incorporation in the agreement; and

  • (b) where the appropriate contractual language of an amendment is in dispute, determine the appropriate contractual language of the amendment.

• Marginal note:Collective agreement superseded

  (2) Where an amendment made by this Act to the collective agreement to which this Act applies is referred to a referee appointed under subsection (1) for interpretation or determination, any provisions of the agreement that relate to the settlement of disputes between the parties to the agreement do not apply in respect of the matter so referred.

• Marginal note:Referee’s decision final

  (3) Where, under subsection (1), a referee interprets an amendment or determines the appropriate contractual language of an amendment in respect of the collective agreement to which this Act applies and so reports to the parties to the agreement and the Minister, the amendment is thereupon deemed to be finally interpreted or determined, as the case may be, for the purposes of the agreement.

• Marginal note:Powers of referee

  (4) For the purposes of this Act, a referee appointed under subsection (1) has, with such modifications as the circumstances require, all the powers conferred on a conciliation board under section 175 of the Canada Labour Code.