PART VServices to Humanitarian or Emergency Flights (continued)
Marginal note:Obligation to provide services
74 In the event of a work stoppage the Corporation shall continue to provide civil air navigation services necessary for humanitarian or emergency flights.
Marginal note:Parties to enter into agreement
75 The Corporation and every trade union shall, in respect of each bargaining unit represented by the trade union, enter into an emergency support agreement and, immediately on its execution, the Corporation shall file a copy of the agreement with the Minister of Labour.
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.
Marginal note:Duties of mediator-arbitrator
(a) for the purpose of concluding an emergency support agreement between the Corporation and the trade union,
(i) endeavour to mediate the matters in dispute and to bring about an emergency support agreement, and
(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
(b) file a copy of any decision under subparagraph (a)(ii) with the Minister of Labour.
Marginal note:Late decision not invalid
(2) The failure of a mediator-arbitrator to make a decision within the 60-day period does not affect the jurisdiction of the mediator-arbitrator to continue with and complete the arbitration proceedings, and any decision made by the mediator-arbitrator after the expiration of those 60 days is not for that reason invalid.
Marginal note:Powers of mediator-arbitrator
78 A mediator-arbitrator has, with such modifications as the circumstances require,
(b) for the purposes of the arbitration referred to in subparagraph 77(1)(a)(ii), all the powers and duties of an arbitrator under sections 60 and 61 of that Act.
Marginal note:Fees and expenses of mediator-arbitrator
79 The fees and expenses of a mediator-arbitrator shall be paid equally by the Corporation and the trade union.
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:Proceedings prohibited
81 No order shall be made, no process shall be entered into and no proceeding shall be taken in any court
(a) to question the appointment of a mediator-arbitrator; or
(b) to review, prohibit or restrain any proceeding or decision of a mediator-arbitrator.
Marginal note:Revision of emergency support agreement
82 The Corporation and a trade union may, at any time, revise any provision of an emergency support agreement, but neither party may terminate the agreement during the period beginning 180 days before the expiration of the collective agreement that applies to the bargaining unit to which the emergency support agreement relates and ending on the day on which a new collective agreement that applies to that bargaining unit comes into force.
Marginal note:Notice of termination
83 Where a party to an emergency support agreement terminates the agreement, the party shall immediately give written notice to the other party and to the Minister of Labour.
Marginal note:Terms of employment
84 Unless the parties to an emergency support agreement agree otherwise,
(a) the terms and conditions of employment, and
(b) the rights, duties and privileges of the Corporation, of the employees in the bargaining unit to which the agreement applies and of the trade union representing those employees,
that were in effect immediately before the right to strike or lockout was acquired continue to apply with respect to emergency flight support employees who work during a work stoppage.
PART VIControl and Enforcement
Marginal note:Sending notices
85 (1) The failure to send a notice or an announcement to any representative organization of users or to one or more users or persons that have notified the Corporation of their desire to receive notices or announcements under this Act does not constitute a failure to send the notice or announcement if the failure was unintentional.
Marginal note:Posting notices
(2) The failure to post an electronic version of a notice or announcement in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet does not constitute a failure to post the notice or announcement if the failure was due to technical difficulties.
Amendment of Letters Patent and By-laws
Marginal note:Amendment of letters patent
Marginal note:Amendment or repeal of by-laws
(2) A by-law of the Corporation that requires the Minister’s approval to be amended or repealed may not be amended or repealed without the prior written approval of the Minister, and any such amendment or repeal without that approval is invalid.
Marginal note:Compliance or restraining order — letters patent and by-laws
87 (1) If the Corporation or any of its directors or officers fails to comply with the letters patent or the by-laws of the Corporation, any present or former member, director or officer of the Corporation or any other person who, in the discretion of the court, is a proper person to make an application under this section, may apply to the superior court of any province for an order directing the Corporation or any of its directors or officers to comply with, or restraining the Corporation or any of its directors or officers from acting in breach of, the letters patent or the by-laws, and on such application the court may so order and make any further order it thinks fit.
Marginal note:Compliance or restraining order — contravention by Corporation
(2) If the Corporation contravenes section 9 or 16, subsection 19(1), section 22 or subsection 23(1), (2), (4) or (5), any person may apply to the superior court of any province for an order directing the Corporation to comply with, or restraining the Corporation from acting in breach of, that provision, and on such application the court may so order and make any further order it thinks fit.
Marginal note:Summary application to court
(3) An application may be made in a summary manner by petition, originating notice of motion or otherwise as the rules of the court provide and is subject to any order respecting notice to interested parties or costs, or any other order the court thinks fit.
(4) An order under subsection (1) may be appealed to the court to which appeals from the court making the order normally lie.
Marginal note:Contravention of s. 10(1)
88 Every person who contravenes subsection 10(1) is guilty of an offence punishable on summary conviction and liable
(a) in the case of an individual, to a fine of not more than $5,000, and
(b) in the case of a corporation, to a fine of not more than $25,000
for each day or part of a day the offence continues.
Marginal note:Failure to comply with a direction
89 Where the Corporation fails to comply with a direction made under section 24, it is guilty of an offence punishable on summary conviction and liable to a fine of not more than $25,000 for each day or part of a day the offence continues.
Marginal note:Failure to provide services to humanitarian or emergency flight
90 (1) Where the Corporation contravenes section 74, it is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000 for each day or part of a day the offence continues.
(2) In a prosecution for a contravention of section 74, it is a defence for the Corporation to establish that, in attempting to comply with that section, it was obstructed or hindered from doing so by its employees or a trade union representing its employees.
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