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Protecting Air Service Act (S.C. 2012, c. 2)

Act current to 2019-12-03 and last amended on 2012-03-16. Previous Versions

Protecting Air Service Act

S.C. 2012, c. 2

Assented to 2012-03-15

An Act to provide for the continuation and resumption of air service operations

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Protecting Air Service Act.

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Act.

    employer

    employer means Air Canada. (employeur)

    Minister

    Minister means the Minister of Labour. (ministre)

  • Marginal note:Words and expressions

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

PART 1Technical, Maintenance and Operational Support Employees

Interpretation

Marginal note:Definitions

 The following definitions apply in this Part.

arbitrator

arbitrator means the arbitrator appointed under section 11. (arbitre)

collective agreement

collective agreement means the collective agreement between the employer and the union that expired on March 31, 2011. (convention collective)

employee

employee means a person who is employed by the employer and bound by the collective agreement. (employé)

union

union means the International Association of Machinists and Aerospace Workers. (syndicat)

Air Service Operations

Marginal note:Suspension of right to declare strike or lockout

 If, before the coming into force of this Act, the employer has not declared or caused a lockout and the union has not declared or authorized a strike, on the coming into force of this Act the employer’s right to declare or cause a lockout and the union’s right to declare or authorize a strike are suspended until the day on which the collective agreement, as extended by subsection 9(1), expires.

Marginal note:Application of sections 6 to 8

 Sections 6 to 8 apply if, before the coming into force of this Act, the employer has declared or caused a lockout or the union has declared or authorized a strike.

Marginal note:Continuation or resumption of air service operations

 On the coming into force of this Act,

  • (a) the employer must continue, or resume without delay, as the case may be, air service operations; and

  • (b) every employee must, when so required, continue, or resume without delay, as the case may be, the duties of their employment.

Marginal note:Prohibitions

 It is prohibited for the employer and for any officer or representative of the employer to

  • (a) in any manner impede any employee from complying with paragraph 6(b); or

  • (b) discharge 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.

Marginal note:Obligations

 The union and each officer and representative of the union must

  • (a) without delay on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, air 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;

  • (b) take all reasonable steps to ensure that employees comply with paragraph 6(b); and

  • (c) refrain from any conduct that may encourage employees not to comply with paragraph 6(b).

Extension of Collective Agreement

Marginal note:Extension

  •  (1) The term of the collective agreement is extended to include the period beginning on April 1, 2011 and ending on the day on which a new collective agreement between the employer and the union comes into effect.

  • Marginal note:Collective agreement binding for extended term

    (2) Despite anything in the collective agreement or in Part I of the Canada Labour Code, the collective agreement, as extended by subsection (1), is effective and binding on the parties to it for the period for which it is extended. However, that Part applies in respect of the collective agreement, as extended, as if that period were the term of the collective agreement.

Marginal note:Strikes and lockouts prohibited

 Until the day on which the collective agreement, as extended by subsection 9(1), expires, it is prohibited

  • (a) for the employer and for any officer or representative of the employer to declare or cause a lockout against the union;

  • (b) for the union and for any officer or representative of the union to declare or authorize a strike against the employer; and

  • (c) for an employee to participate in a strike against the employer.

Final Offer Selection

Marginal note:Appointment of arbitrator

 The Minister must appoint as arbitrator for final offer selection a person that the Minister considers appropriate.

Marginal note:Powers and duties

 The 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.

Marginal note:Obligation to provide final offer

  •  (1) Within the time and in the manner that the arbitrator may specify, the employer and the union must each submit to the arbitrator

    • (a) a list of the matters on which the employer and the union were in agreement as of a date specified by the arbitrator and proposed contractual language that would give effect to those matters;

    • (b) a list of the matters remaining in dispute on that date; and

    • (c) a final offer in respect of the matters referred to in paragraph (b).

  • Marginal note:Contractual language

    (2) The final offer must be submitted with proposed contractual language that can be incorporated into the new collective agreement.

Marginal note:Arbitrator’s duties

  •  (1) Subject to section 16, within 90 days after being appointed, or within any longer period that may be specified by the Minister, the arbitrator must

    • (a) determine the matters on which the employer and the union were in agreement as of the date specified for the purposes of paragraph 13(1)(a);

    • (b) determine the matters remaining in dispute on that date;

    • (c) select, in order to resolve the matters remaining in dispute, either the final offer submitted by the employer or the final offer submitted by the union; and

    • (d) make a decision in respect of the resolution of the matters referred to in this subsection and forward a copy of the decision to the Minister, the employer and the union.

  • Marginal note:Guiding principle

    (2) In making the selection of a final offer, the arbitrator is to take into account the tentative agreement reached by the employer and the union on February 10, 2012 and the report of the conciliation commissioner dated February 22, 2012 that was released to the parties, and is to be guided by the need for terms and conditions of employment that are consistent with those in other airlines and that will provide the necessary degree of flexibility to ensure

    • (a) the short-and long-term economic viability and competitiveness of the employer; and

    • (b) the sustainability of the employer’s pension plan, taking into account any short-term funding pressures on the employer.

  • Marginal note:If no final offer submitted

    (3) If either the employer or the union fails to provide the arbitrator with a final offer in accordance with paragraph 13(1)(c), the arbitrator must select the final offer provided by the other party.

  • Marginal note:Contractual language

    (4) The arbitrator’s decision must be drafted in a manner that constitutes a new collective agreement between the employer and the union and, to the extent that it is possible, incorporate the contractual language that is referred to in paragraph 13(1)(a) and that is in the final offer selected by the arbitrator.

Marginal note:Proceedings prohibited

 No order is to be made, no process is to be entered into and no proceeding is to be taken in court

  • (a) to question the appointment of the arbitrator; or

  • (b) to review, prohibit or restrain any proceeding or decision of the arbitrator.

 
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