Short Title

Marginal note:Short title

1 This Act may be cited as the Maintenance of Ports Operations Act, 1986.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  collective agreement to which this Act applies

  convention collective visée par la présente loi

  collective agreement to which this Act applies

  • (a) means the collective agreement between the employers association, on its own behalf and on behalf of its members, and the Union, that expired on December 31, 1985, the renewal or revision of which was the subject of proceedings before a conciliation commissioner whose report was released to the company and the union on September 8, 1986, and

  • (b) includes any related arrangements concerning contribution and benefit payments in respect of pensions; (convention collective visée par la présente loi)

  company

  société

  company means the employers association or any member of the employers association, including any corporation listed in Schedule I; (société)

  employers association

  association patronale

  employers association means the British Columbia Maritime Employers Association; (association patronale)

  union and the Union

  syndicat et le Syndicat

  union means the Union, any local thereof specified in Schedule II and any other local thereof that represents persons ordinarily employed in longshoring or related operations at any port on the west coast of Canada, and the Union means the International Longshoremen’s and Warehousemen’s Union — Canadian Area. (syndicat et le Syndicat)

• Marginal note:Words and expressions

  (2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part V of the Canada Labour Code.

Resumption of Longshoring Operations

Marginal note:Resumption of operations and work

Footnote ^*3 On the coming into force of this Act,

• (a) each company shall forthwith resume longshoring and related operations at ports on the west coast of Canada; and

• (b) every person who is ordinarily employed in longshoring or related operations at a port on the west coast of Canada and who, on December 30, 1985, was bound by the collective agreement to which this Act applies shall, when so required, return forthwith to the duties of his employment.

  • Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being November 18, 1986), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]

Marginal note:Obligations of union, etc.

• Footnote ^*4 (1) A union and each officer and representative of a union

  • (a) shall forthwith, on the coming into force of this Act, give notice to the members of that union who are ordinarily employed in longshoring or related operations at a port on the west coast of Canada that longshoring and related operations at ports on the west coast of Canada are to be resumed by reason of the coming into force of this Act;

  • (b) shall refrain from any conduct that may encourage those members of that union not to comply with paragraph 3(b);

  • (c) shall, in addition to the requirements of paragraph (a), take all reasonable steps to ensure that those members of that union comply with paragraph 3(b); and

  • (d) shall comply with any order or request made pursuant to the collective agreement to which this Act applies for the despatch of persons to perform longshoring or related operations at a port on the west coast of Canada.

    • Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being November 18, 1986), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]

• Marginal note:Prohibition

  Footnote ^*(2) No company and no officer or representative of a company shall

  • (a) in any manner impede any person referred to in paragraph 3(b) from complying with that paragraph; or

  • (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline, of any such person by reason of that person’s having been on strike before the coming into force of this Act.

    • Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being November 18, 1986), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]

Marginal note:Term of agreement extended

5 The term of the collective agreement to which this Act applies is extended to include the period beginning on January 1, 1986 and ending on the day on which a new collective agreement entered into between the parties thereto in amendment or revision thereof comes into effect, or on December 31, 1988, whichever is the earlier.

Marginal note:Terms, etc., of agreement amended

Footnote ^*6 On the coming into force of this Act, the terms and conditions of the collective agreement to which this Act applies are deemed to be amended by the incorporation therein of appropriate contractual language that gives effect to the amendments recommended thereto and contained in the report of the conciliation commissioner in relation thereto whose report was released to the company and the union on September 8, 1986, other than the recommendation contained in the report concerning the container provision set out in article 26.05 of the agreement.

• Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being November 18, 1986), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]

Industrial Inquiry Commission

Marginal note:Reference of container provision to industrial inquiry commission

• Footnote ^*7 (1) On the coming into force of this Act, the Minister shall refer the matter of the container provision set out in article 26.05 of the collective agreement to which this Act applies and such other matters related to that provision as the Minister deems appropriate to an industrial inquiry commission appointed by the Minister for a final and binding determination of those matters by the commission.

  • Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being November 18, 1986), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]

• Marginal note:Determination of matter referred

  (2) As soon as possible after the appointment of the industrial inquiry commission, the commission shall determine the matters so referred under subsection (1) and, not later than June 30, 1987, make a report to the Minister setting out the conclusions of the commission on the matters in such appropriate contractual language as will enable their incorporation in accordance with this Act into the collective agreement to which this Act applies.

• Marginal note:Distribution and publication of report

  (3) On receipt of the report of the industrial inquiry commission, the Minister shall

  • (a) furnish a copy of the report to the company and the union; and

  • (b) publish the report in such manner as the Minister considers advisable.

• Marginal note:Incorporation of conclusions in agreement

  (4) On the receipt by the company and the union of the report of the industrial inquiry commission pursuant to subsection (3), the collective agreement to which this Act applies shall be deemed to be amended by the incorporation therein of the conclusions of the commission set out in the report with effect from September 1, 1987 or, where in the opinion of the Minister that date is impracticable, on a date after September 1, 1987 that is designated by the Minister as the earliest practicable date.

• Marginal note:Powers of commission

  (5) The industrial inquiry commission has and may exercise all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

General

Marginal note:Strikes and lockouts prohibited

8 During the term of the collective agreement to which this Act applies, as extended by section 5,

• (a) no company shall declare or cause a lockout;

• (b) no person who is an officer or representative of the union shall declare or authorize a strike against a company; and

• (c) no person who is bound by the collective agreement to which this Act applies shall participate in a strike against a company.

Marginal note:Agreement binding for extended term

9 The terms and conditions of the collective agreement to which this Act applies, as amended pursuant to this Act, are effective and binding on the parties thereto for the period mentioned in section 5 notwithstanding anything in Part V of the Canada Labour Code or in that agreement, and

• (a) Part V of the Canada Labour Code applies in respect of the agreement, as so amended, as if the period for which the agreement is extended by this Act were the term of the agreement; and

• (b) the agreement, as so amended, shall, for the purposes of any Act of Parliament, be deemed to be an agreement between the company and each of its employees who are members of the union on all matters relating to their employment.

Marginal note:Development of appropriate contractual language

Footnote ^*10 On the coming into force of this Act, the company and the union shall make every reasonable effort to develop the appropriate contractual language necessary to carry out the intent of section 6 in respect of the collective agreement to which this Act applies and to which they are parties.

• Return to footnote ^*[Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being November 18, 1986), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]

Referee

Marginal note:Appointment

• 11 (1) Where, in the opinion of the Minister, the parties to the collective agreement to which this Act applies are unable to agree on the interpretation of an amendment referred to in section 6 that is deemed to be incorporated in the agreement or are unable to agree on the appropriate contractual language of any such amendment, the Minister may appoint a referee who shall

  • (a) where interpretation of an amendment is in dispute, interpret the amendment for the purpose of its incorporation in the agreement; and

  • (b) where the appropriate contractual language of an amendment is in dispute, determine the appropriate contractual language of the amendment.

• Marginal note:Collective agreement superseded

  (2) Where an amendment made by this Act to the collective agreement to which this Act applies is referred to a referee appointed under subsection (1) for interpretation or determination, any provisions of the agreement that relate to the settlement of disputes between the parties to the agreement do not apply in respect of the matter so referred.

• Marginal note:Referee’s decision final

  (3) Where, under subsection (1), a referee interprets an amendment or determines the appropriate contractual language of an amendment in respect of the collective agreement to which this Act applies and so reports to the parties to the agreement and the Minister, the amendment is thereupon deemed to be finally interpreted or determined, as the case may be, for the purposes of the agreement.

• Marginal note:Powers of referee

  (4) For the purposes of this Act, a referee appointed under subsection (1) has, with such modifications as the circumstances require, all the powers conferred on a conciliation board under section 175 of the Canada Labour Code.

Alteration of Agreement

Marginal note:Parties may vary or amend agreement

12 Nothing in this Act shall be deemed to limit or restrict the rights of the parties to the collective agreement to which this Act applies to agree to vary or amend any of the provisions of the agreement as amended pursuant to this Act, other than a provision relating to the term of the agreement, and to give effect thereto.

Offences

Marginal note:Punishment for offences

• 13 (1) Where an individual, the union or a company contravenes any provision of this Act, the individual, union or company, as the case may be, 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

  • (a) subject to paragraph (b), of not less than $500 and not more than $1,000, in the case of an individual who is convicted of the offence;

  • (b) of not less than $10,000 and not more than $50,000 where, in the case of an individual who is convicted of the offence, the individual was an officer or representative of the union or of the company and the offence was committed while the individual was acting in that capacity; or

  • (c) of not less than $20,000 and not more than $100,000, in the case of a company or the union that is convicted of the offence.

• Marginal note:Additional punishment

  (2) No officer or representative of a union who is convicted of an offence under this Act that was committed while the officer or representative was acting in that capacity shall be employed in any capacity by, or act as an officer or representative of, the union at any time during the five years immediately after the date of the conviction.

• Marginal note:Idem

  (3) No officer or representative of a member of the employers association, including any corporation listed in Schedule I, who is convicted of an offence under this Act shall be employed in any capacity by, or act as an officer or representative of, the employers association at any time during the five years immediately after the date of the conviction.

Coming into Force

Marginal note:Coming into force

Footnote ^*14 This Act shall come into force on the day immediately after the day on which it 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 November 18, 1986.]