C-3914160-61Elizabeth II2011-2012An Act to provide for the continuation and resumption of rail service operationsRestoring Rail Service ActRestoring Rail Service20196
22
20125
31
R-7.38201290655Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Restoring Rail Service Act.
Interpretation
DefinitionsThe following definitions apply in this Act.arbitrator means an arbitrator appointed under subsection 8(1). (arbitre)collective agreement means any collective agreement between the employer and the union that expired on December 31, 2011. (convention collective)employee means a person who is employed by the employer and bound by a collective agreement. (employé)employer means the Canadian Pacific Railway. (employeur)Minister means the Minister of Labour. (ministre)union means the Teamsters Canada Rail Conference, representing the rail traffic controllers’ bargaining unit or the running trades employees’ bargaining unit. (syndicat)Words and expressionsUnless otherwise provided, words and expressions used in this Act have the same meaning as in Part I of the Canada Labour Code.
Rail Service Operations
Continuation or resumption of rail service operationsOn the coming into force of this Act,the employer must continue, or resume without delay, as the case may be, rail service operations; andevery employee must, when so required, continue, or resume without delay, as the case may be, the duties of their employment.
ProhibitionsIt is prohibited for the employer and for any officer or representative of the employer toin any manner impede any employee from complying with paragraph 3(b); ordischarge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of the employee having been on strike before the coming into force of this Act.
ObligationsThe union and each officer and representative of the union mustwithout delay on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, rail service operations are to be continued or resumed, as the case may be, and that the employees, when so required, are to continue, or resume without delay, as the case may be, the duties of their employment;take all reasonable steps to ensure that employees comply with paragraph 3(b); andrefrain from any conduct that may encourage employees not to comply with paragraph 3(b).
Extension of Collective Agreements
ExtensionThe term of each collective agreement is extended to include the period beginning on January 1, 2012 and ending on the day on which a new collective agreement between the parties comes into effect.Collective agreement binding for extended termA collective agreement, as extended by subsection (1), is effective and binding on the parties to it for the period for which it is extended, despite anything in the collective agreement or in Part I of the Canada Labour Code. However, 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 prohibitedUntil the day on which a collective agreement, as extended by subsection 6(1), expires, it is prohibitedfor the employer and for any officer or representative of the employer to declare or cause a lockout against the union in respect of the bargaining unit to which the collective agreement applies;for the union and for any officer or representative of the union to declare or authorize a strike against the employer in respect of that bargaining unit; andfor an employee who is a member of that bargaining unit to participate in a strike against the employer.
Arbitration
ArbitrationThe Minister must, after the coming into force of this Act, appoint an arbitrator in respect of each collective agreement and refer to the arbitrator all matters relating to the amendment or revision of the collective agreement that, at the time of the appointment, are in dispute between the parties to it.Powers and dutiesAn arbitrator has, with any modifications that the circumstances require, all the powers and duties of an arbitrator under paragraphs 60(1)(a) and (a.2) to (a.4) and section 61 of the Canada Labour Code.Time limit and reportAn arbitrator must decide all matters referred to the arbitrator under this Act within 90 days after the day on which he or she is appointed, or any longer period that the Minister may allow, and make a report to the Minister on the arbitrator’s decision in respect of those matters.Form of decisionThe decision of an arbitrator respecting a collective agreement must be set out in a form that enables it to be incorporated into the collective agreement in accordance with section 9.
Incorporation in collective agreementBeginning on the day on which an arbitrator reports to the Minister under subsection 8(3), the collective agreement is deemed to be amended by the incorporation into it ofany agreement between the parties to it arrived at before the appointment of the arbitrator;any agreement resolving the matters in dispute between the parties to it arrived at after the appointment of the arbitrator and before the day on which the arbitrator reports to the Minister; andthe decision of the arbitrator in respect of the matters that were referred to arbitration.
Proceedings prohibitedNo order is to be made, no process entered into and no proceeding taken in courtto question the appointment of an arbitrator; orto review, prohibit or restrain any proceeding or decision of an arbitrator.
New collective agreements not precludedNothing in this Act precludes the parties to a collective agreement from entering into a new collective agreement at any time before the arbitrator reports to the Minister under subsection 8(3) and, if they do so, the arbitrator’s duties under this Act cease as of the day on which the new collective agreement is entered into.
New Collective Agreements
New collective agreementsDespite anything in Part I of the Canada Labour Code, an arbitrator’s decision constitutes a new collective agreement between the parties that is effective and binding on them beginning on the day on which it is made. However, that Part applies in respect of the new collective agreement as if it had been entered into under that Part.Coming into effect of provisionsA new collective agreement may provide that any of its provisions are effective and binding on a day that is before or after the day on which the new collective agreement becomes effective and binding.AmendmentsNothing in this Act is to be construed so as to limit or restrict the rights of the parties to a new collective agreement to amend any of its provisions, other than a provision relating to its term, and to give effect to the amendment.
Costs
CostsAll costs incurred by Her Majesty in right of Canada relating to the appointment of an arbitrator and the performance of an 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.
Enforcement
IndividualsAn 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 ofnot 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; ornot more than $1,000 in any other case.Employer or unionIf 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 imprisonmentDespite subsection 787(2) of the Criminal Code, no term of imprisonment is to be imposed in default of payment of a fine that is imposed under section 14.
Recovery of finesIf a person is convicted of an offence under section 14 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.
PresumptionFor the purposes of this Act, the union is deemed to be a person.
Coming into Force
Coming into forceThis Act comes into force on the expiry of the twelfth hour after the time at which it is assented to.[Note: Act in force June 1, 2012.]