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Marginal note:Hindering Corporation

• 92 (1) Any officer or representative of the Corporation, any employee of the Corporation, any trade union that represents employees of the Corporation and any officer, representative or employee of such a trade union who obstructs or hinders the provision of civil air navigation services to a humanitarian or emergency flight by the Corporation, is guilty of an offence punishable on summary conviction and liable to a fine in accordance with subsection (3) for each day or part of a day the offence continues.

• Marginal note:Hindering Minister of National Defence

  (2) Where the Corporation or any officer or representative of the Corporation, any employee of the Corporation, any trade union that represents employees of the Corporation or any officer, representative or employee of such a trade union obstructs or hinders a person acting under the authority of the Minister of National Defence from having access to facilities of the Corporation to which the person normally has access for the purposes of the person’s normal duties, the Corporation or that person is guilty of an offence punishable on summary conviction and liable to a fine in accordance with subsection (3) for each day or part of a day the offence continues.

• (3) For the purposes of subsections (1) and (2), the fine for each day or part of a day the offence continues is

  • (a) $100,000, in the case of the Corporation or a trade union;

  • (b) $50,000, in the case of a person acting in the capacity of an officer or representative of the Corporation or of a trade union when the offence was committed; or

• Marginal note:Trade unions

  (4) For the purposes of this section, a trade union is deemed to be a person.

Marginal note:Definitions

• 73 (1) The definitions in this subsection apply in this section and sections 74 to 84 and 90 to 92.

  collective agreement

  collective agreement  means a collective agreement between the Corporation and a trade union, and includes a collective agreement or arbitral award continued under section 62 or mentioned in section 63. (convention collective)

  emergency support agreement

  emergency support agreement  means an agreement between the Corporation and a trade union in respect of a bargaining unit represented by the trade union that

  [...]

  trade union

  trade union  means a bargaining agent for a bargaining unit of employees of the Corporation. (syndicat)

Marginal note:Deemed agreement

80 As of the day a mediator-arbitrator makes a decision under subparagraph 77(1)(a)(ii), the emergency support agreement that results from that decision is deemed to have been entered into by the Corporation and the trade union in respect of the bargaining unit to which the agreement applies, and that agreement is binding on the Corporation, on the trade union and on the employees in the bargaining unit.

Marginal note:Duties of mediator-arbitrator

• 77 (1) Within 60 days after the mediator-arbitrator’s selection or appointment, the mediator-arbitrator shall

  • (a) for the purpose of concluding an emergency support agreement between the Corporation and the trade union,

    • [...]

    • (ii) if unable to bring about an emergency support agreement, hear the Corporation and the trade union on the matters in dispute, arbitrate the matters and render a decision in the form of an emergency support agreement; and

Marginal note:Selection of mediator-arbitrator by parties

• 76 (1) Where no emergency support agreement with respect to a bargaining unit is in force 90 days before the expiration of the collective agreement applicable to that unit, the Corporation and the trade union shall select a mediator-arbitrator within 15 days.

• Marginal note:Selection of mediator-arbitrator by Minister

  (2) Where the Corporation and a trade union are unable to agree to the selection of a mediator-arbitrator in the 15-day period, they shall so notify the Minister of Labour in writing, who shall, after such inquiry as that Minister considers necessary, appoint a mediator-arbitrator and inform them of the appointment.