Marginal note:Obstruction

199. No person shall impede or prevent or attempt to impede or prevent an employee from entering or leaving the employee’s place of work if the employee occupies a position that is necessary under an essential services agreement for the employer to provide essential services.

Marginal note:Persons

200. Every person who contravenes subsection 186(1) or (2), section 188, subsection 189(1) or section 195 or 199 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.

Marginal note:Employees

201. Every employee who contravenes section 196 or subsection 197(4) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.

Marginal note:Employee organizations

• 202. (1) Every employee organization that contravenes, and every officer or representative of one who contravenes, section 187 or 188 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.

• Marginal note:Employee organizations

  (2) Every employee organization that contravenes subsection 194(1) or (2) or 197(3) is guilty of an offence and liable on summary conviction to a fine not more than $1,000 for each day that any strike declared or authorized by it in contravention of that subsection is in effect.

• Marginal note:Prosecution of employee organization

  (3) A prosecution for an offence under subsection (1) or (2) may be brought against an employee organization and in the name of that organization and, for the purposes of the prosecution, the employee organization is deemed to be a person.

Marginal note:Officers and representatives of employee organizations

203. Every officer or representative of an employee organization who contravenes subsection 194(1) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

Marginal note:Employer

204. If the employer contravenes subsection 186(1) or (2), the employer is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

Marginal note:Consent to prosecution

205. A prosecution for an offence under this Division may be instituted only with the consent of the Board.

Marginal note:Definitions

• 206. (1) The following definitions apply in this Part.

  “employee”

  « fonctionnaire »

  “employee” has the meaning that would be assigned by the definition “employee”

  in subsection 2(1) if that definition were read without reference to paragraphs (e) and (i) and without reference to the words “except in Part 2”.

  “group grievance”

  « grief collectif »

  “group grievance” means a grievance presented in accordance with section 215.

  “individual grievance”

  « grief individuel »

  “individual grievance” means a grievance presented in accordance with section 208.

  “policy grievance”

  « grief de principe »

  “policy grievance” means a grievance presented in accordance with section 220.

• Marginal note:Former employees

  (2) Every reference in this Part to an “employee” includes a former employee for the purposes of any provisions of this Part respecting grievances with respect to

  • (a) any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(1)(c), (d) or (e) of the Financial Administration Act; or

  • (b) in the case of a separate agency, any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(2)(c) or (d) of the Financial Administration Act or under any provision of any Act of Parliament, or any regulation, order or other instrument made under the authority of an Act of Parliament, respecting the powers or functions of the separate agency.