Government Services Resumption Act (S.C. 1989, c. 24)

Marginal note:Form of decision

• 12 (1) A decision of a conciliation board referred to in paragraph 11(1)(b) shall be set out in a form that will enable the decision to be incorporated in the agreements referred to in paragraph 10(1)(a) or (2)(a), as the case may be.

• Marginal note:Incorporation in collective agreements

  (2) When a conciliation board reports to the chair pursuant to subsection 11(1), the agreements referred to in paragraph 10(1)(a) or (2)(a), as the case may be, shall be deemed to be amended by the incorporation therein of any amendments thereto agreed to in writing by the parties in the course of the mediation, any decision of the board referred to in paragraph 11(1)(b) and the date fixed by the board for the expiry of the agreements, and each agreement, as so amended, constitutes a new group specific agreement or master agreement, as the case may be.

Amendment of Collective Agreements

Marginal note:Amendment of collective agreement

13 Nothing in this Act shall be construed so as to limit or restrict the rights of the parties to the master agreement or a group specific agreement to agree to amend any provision of the agreement as amended by or pursuant to this Act, other than the date fixed for the expiry of the agreement, and to give effect thereto.

Enforcement

Marginal note:Offence by individuals

• 14 (1) An 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 thereof during which the offence continues, to a fine

  • (a) of not less than $10,000 nor more than $50,000, where the individual was acting in the capacity of an officer or representative of the employer or the bargaining agent when the offence was committed; or

  • (b) of not less than $500 nor more than $1,000, in any other case.

• Marginal note:Offence by bargaining agent

  (2) Where the bargaining agent contravenes any provision of this Act, it is guilty of an offence punishable on summary conviction and is liable, for each day or part thereof during which the offence continues, to a fine of not less than $50,000 nor more than $100,000.

Marginal note:Presumption

15 For the purposes of enforcement proceedings under this Act, the bargaining agent is deemed to be a person.

Coming into Force

Marginal note:Coming into force

Footnote ^*16 This Act shall come into force on the day immediately after the day on which this Act is assented to, but not before the twelfth hour after the time at which it is assented to.

• Return to footnote ^*[Note: Act assented to December 15, 1989.]