GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Representation Act, 1974 — R-5.5 5
Applying Electoral Boundaries Readjustment Act 5 (1) Upon the commencement of this Act, the Electoral Boundaries Readjustment Act shall be applied as if subsection 51(1) of the British North America Act, 1867 , as amended by Part I of this Act, had been in force immediately following the decennial census of Canada taken in the year 1971, and electoral boundaries commissions shall be established and carry out their duties under the Electoral Boundaries Readjustment Act in all respects as though nothing had been done under that Act and no time had elapsed following the decennial census of Canada taken in the year 1971. Presumption (2) Notwithstanding subsection (1), the certified return of the Chief Statistician of Canada referred to in section 11 of the Electoral Boundaries Readjustment Act and sent pursuant to that Act to the Secretary of State for Canada and the Representation Commissioner following the decennial census of Canada taken in the year 1971 shall be deemed to have been sent to, and to have been received on the day that this Act comes into force by, the Secretary of State of Canada and the Representation Commissioner for the purposes of applying that Act in accordance with subsection (1) of this section.
Representation Act, 1974 — R-5.5 6
Transitional 6 The number of members of the House of Commons and the representation of the provinces therein on the thirtieth day of December, 1974, remain unchanged until readjusted pursuant to subsection 51(1) of the British North America Acts, 1867 to 1965 , as amended by the British North America Act, 1974 . 1974-75-76, c. 13, s. 6; 1976-77, c. 28, s. 38
Representation Act, 1974 — R-5.5 7
Provision for review of Act 7 The President of the Privy Council shall, (a) on a day not later than the twentieth sitting day of the House of Commons after the 30th day of June, 1979, if there is then an existing Parliament, or (b) if there is not then an existing Parliament, on a day not later than the twenty-fifth sitting day of the House of Commons after Parliament has been summoned, propose to the House of Commons that an order be made and referred to the appropriate committee of the House of Commons for the review by that committee of the Rules provided by subsection 51(1) of the British North America Acts, 1867 to 1965 , as amended by the British North America Act, 1974 , and for the recommendations of such committee with respect to any amendments, alterations or modifications thereto that appear to the committee then to be necessary or desirable, and upon such order being referred to it the committee shall consider the matter of the order and report to the House its recommendations with respect thereto. 1974-75-76, c. 13, s. 7; 1976-77, c. 28, s. 38
Representation Act, 1974 — R-5.5 8
Commencement 8 This Act shall come into force on the 31st day of December, 1974.
Representation Act, 1985 — R-5.6
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Representation Act, 1985 — R-5.6 1
Short title 1 This Act may be cited as the Representation Act, 1985 .
Representation Act, 1985 — R-5.6 3
Short title and citation 3 This Part may be cited as the Constitution Act, 1985 (Representation) and a reference to the Constitution Acts 1867 to 1982 shall be deemed to include a reference to the Constitution Act, 1985 (Representation) .
Representation Act, 1985 — R-5.6 Transitional
Transitional * 4 (1) Notwithstanding anything that was done under the Electoral Boundaries Readjustment Act prior to the coming into force of this Act in respect of the decennial census of Canada taken in the year 1981, on the coming into force of this Act, the Electoral Boundaries Readjustment Act , as amended by Part III of this Act, shall be applied as if subsection 51(1) of the Constitution Act, 1867 , as amended by Part I of this Act, had been in force immediately following that census and, except in respect of the Northwest Territories, electoral boundaries commissions shall be established and carry out their duties under the Electoral Boundaries Readjustment Act in all respects as though nothing had been done under that Act and no time had elapsed following that census. * [Note: Act in force March 6, 1986, see SI/86-49.] Presumption * (2) Notwithstanding subsection (1), the certified return of the Chief Statistician of Canada referred to in section 11 of the Electoral Boundaries Readjustment Act and sent pursuant to that Act to the persons referred to in that section following the decennial census of Canada taken in 1981 shall, for the purposes of applying that Act in accordance with subsection (1) of this section, be deemed to have been sent to those persons and to have been received by them on the day on which this Act comes into force. * [Note: Act in force March 6, 1986, see SI/86-49.]
Representation Act, 1985 — R-5.6 12
Transitional 12 Sections 19 and 20 of the Electoral Boundaries Readjustment Act , as amended by this Act, apply in respect of the electoral boundary readjustment for the Northwest Territories in respect of the decennial census of Canada taken in 1981 notwithstanding anything done under those sections in respect of that census before the coming into force of this Act and, for the purposes of those sections, the copy of the report of the electoral boundaries commission for the Northwest Territories in respect of that census that was transmitted to and received by the Speaker of the House of Commons under subsection 19(1) of that Act, as it read immediately before the coming into force of this Act, shall forthwith after the coming into force of this Act be referred by the Speaker to the committee referred to in subsection 19(1) of that Act, as amended by this Act.
Representation Act, 1985 — R-5.6 Commencement
Commencement * 13 This Act shall come into force on a day to be fixed by proclamation. * [Note: Act in force March 6, 1986, see SI/86-49.]
Restoring Mail Delivery for Canadians Act — R-7.2
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Restoring Mail Delivery for Canadians Act — R-7.2 1
Short title 1 This Act may be cited as the Restoring Mail Delivery for Canadians Act .
Restoring Mail Delivery for Canadians Act — R-7.2 2
Definitions 2 (1) The following definitions apply in this Act. arbitrator means the arbitrator appointed under section 8 . ( arbitre ) collective agreement means the collective agreement between the employer and the union that expired on January 31, 2011. ( convention collective ) employee means a person employed by the employer and bound by the collective agreement. ( employé ) employer means the Canada Post Corporation. ( employeur ) Minister means the Minister of Labour. ( ministre ) union means the Canadian Union of Postal Workers. ( syndicat ) 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 .
Restoring Mail Delivery for Canadians Act — R-7.2
arbitrator means the arbitrator appointed under section 8 . ( arbitre )
Restoring Mail Delivery for Canadians Act — R-7.2
collective agreement means the collective agreement between the employer and the union that expired on January 31, 2011. ( convention collective )
Restoring Mail Delivery for Canadians Act — R-7.2
employee means a person employed by the employer and bound by the collective agreement. ( employé )
Restoring Mail Delivery for Canadians Act — R-7.2
employer means the Canada Post Corporation. ( employeur )
Restoring Mail Delivery for Canadians Act — R-7.2
Minister means the Minister of Labour. ( ministre )
Restoring Mail Delivery for Canadians Act — R-7.2
union means the Canadian Union of Postal Workers. ( syndicat )
Restoring Mail Delivery for Canadians Act — R-7.2 3
Resumption or continuation of postal services 3 On the coming into force of this Act, (a) the employer must resume without delay, or continue, as the case may be, postal services; and (b) every employee must, when so required, resume without delay, or continue, as the case may be, the duties of the employee’s employment.
Restoring Mail Delivery for Canadians Act — R-7.2 4
Prohibitions 4 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 3 (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.
Restoring Mail Delivery for Canadians Act — R-7.2 5
Obligations 5 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, postal services are to be resumed or continued, as the case may be, and that the employees, when so required, are to resume without delay, or continue, as the case may be, the duties of their employment; (b) take all reasonable steps to ensure that employees comply with paragraph 3(b); and (c) refrain from any conduct that may encourage employees not to comply with paragraph 3(b).
Restoring Mail Delivery for Canadians Act — R-7.2 6
Extension of collective agreement 6 (1) The term of the collective agreement is extended to include the period beginning on February 1, 2011 and ending on the day on which a new collective agreement between the employer and the union comes into effect. 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.
Restoring Mail Delivery for Canadians Act — R-7.2 7
Strikes and lockouts prohibited 7 During the term of the collective agreement, as extended by subsection 6(1), 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.
Restoring Mail Delivery for Canadians Act — R-7.2 8
Appointment of arbitrator 8 The Minister must appoint as arbitrator for final offer selection a person that the Minister considers appropriate.
Restoring Mail Delivery for Canadians Act — R-7.2 9
Powers and duties 9 The arbitrator has, with any modifications that the circumstances require, all the powers and duties of an arbitrator under paragraphs 60(1)(a), (a.2), (a.3) and (a.4) and section 61 of the Canada Labour Code .
Restoring Mail Delivery for Canadians Act — R-7.2 10
Obligation to provide final offer 10 (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, other than salaries and the term of the new collective agreement, and proposed contractual language that would give effect to those matters; (b) a list of the matters remaining in dispute on that date, other than salaries and the term of the new collective agreement; and (c) a final offer in respect of the matters referred to in paragraph (b). Contractual language (2) The final offer must be submitted with proposed contractual language that can be incorporated into the new collective agreement.
Restoring Mail Delivery for Canadians Act — R-7.2 11
Arbitrator’s duties 11 (1) Subject to section 13, 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 10(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. Guiding principle (2) In making the selection of a final offer, the arbitrator is to be guided by the need for terms and conditions of employment that are consistent with those in comparable postal industries and that will provide the necessary degree of flexibility to ensure the short- and long-term economic viability and competitiveness of the Canada Post Corporation, maintain the health and safety of its workers and ensure the sustainability of its pension plan, taking into account (a) that the solvency ratio of the pension plan must not decline as a direct result of the new collective agreement; and (b) that the Canada Post Corporation must, without recourse to undue increases in postal rates, operate efficiently, improve productivity and meet acceptable standards of service. 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 10(1)(c), the arbitrator must select the final offer provided by the other party. 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 10(1)(a) and that is in the final offer selected by the arbitrator.
Restoring Mail Delivery for Canadians Act — R-7.2 12
Proceedings prohibited 12 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.
Restoring Mail Delivery for Canadians Act — R-7.2 13
New collective agreement not precluded 13 (1) Subject to subsections (2) and (3), nothing in this Act precludes the employer and the union from entering into a new collective agreement at any time before the arbitrator makes a decision 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. Term (2) If the term of the new collective agreement is not identical to the term provided for in subsection 14(1), the term of the new collective agreement is deemed to be as provided for in that subsection. Salaries (3) If a salary calculated in accordance with or determined under the new collective agreement is not identical to the result of the increases referred to in section 15, the new collective agreement is deemed to provide for the salary being increased as provided for in that section.
Restoring Mail Delivery for Canadians Act — R-7.2 14
New collective agreement 14 (1) Subject to section 15 and despite anything in Part I of the Canada Labour Code , the arbitrator’s decision constitutes a new collective agreement between the employer and the union that is effective beginning on the day on which it is made and that binds the parties until January 31, 2015. 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 provisions (2) The 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.
Restoring Mail Delivery for Canadians Act — R-7.2 15
Salaries 15 The new collective agreement is deemed to provide for the following increases to salaries: (a) effective February 1, 2011, salaries in effect as of January 31, 2011 are increased by 1.75%; (b) effective February 1, 2012, salaries in effect as of January 31, 2012 are increased by 1.5%; (c) effective February 1, 2013, salaries in effect as of January 31, 2013 are increased by 2%; and (d) effective February 1, 2014, salaries in effect as of January 31, 2014 are increased by 2%.
Restoring Mail Delivery for Canadians Act — R-7.2 16
Amendments 16 Nothing in this Act is to be construed so as to limit or restrict the rights of the parties to agree to amend any provision of the new collective agreement, other than its term as provided for in subsection 14(1) or the salary increases referred to in section 15, and to give effect to the amendment.
Restoring Mail Delivery for Canadians Act — R-7.2 17
Costs 17 All costs incurred by Her Majesty in right of Canada relating to the appointment of the arbitrator and the performance of the 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.
Restoring Mail Delivery for Canadians Act — R-7.2 18
Individuals 18 (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 of a day during which the offence continues, to a fine of (a) not 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; or (b) not more than $1,000 in any other case. Employer or union (2) If 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.
Restoring Mail Delivery for Canadians Act — R-7.2 19
No imprisonment 19 Despite 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 18.
Restoring Mail Delivery for Canadians Act — R-7.2 20
Recovery of fines 20 If a person is convicted of an offence under section 18 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.
Restoring Mail Delivery for Canadians Act — R-7.2 21
Presumption 21 For the purposes of this Act, the union is deemed to be a person.
Restoring Mail Delivery for Canadians Act — R-7.2 Coming into force
Coming into force * 22 This Act comes into force on the expiry of the twenty-fourth hour after the time at which it is assented to. * [Note: Act in force June 27, 2011.]
Restoring Rail Service Act — R-7.3
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Restoring Rail Service Act — R-7.3 1
Short title 1 This Act may be cited as the Restoring Rail Service Act .
Restoring Rail Service Act — R-7.3 2
Definitions 2 (1) The 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 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 .
Restoring Rail Service Act — R-7.3
arbitrator means an arbitrator appointed under subsection 8 (1). ( arbitre )
Restoring Rail Service Act — R-7.3
collective agreement means any collective agreement between the employer and the union that expired on December 31, 2011. ( convention collective )
Restoring Rail Service Act — R-7.3
employee means a person who is employed by the employer and bound by a collective agreement. ( employé )
Restoring Rail Service Act — R-7.3
employer means the Canadian Pacific Railway. ( employeur )
Restoring Rail Service Act — R-7.3
Minister means the Minister of Labour. ( ministre )
Restoring Rail Service Act — R-7.3
union means the Teamsters Canada Rail Conference, representing the rail traffic controllers’ bargaining unit or the running trades employees’ bargaining unit. ( syndicat )
Restoring Rail Service Act — R-7.3 3
Continuation or resumption of rail service operations 3 On the coming into force of this Act, (a) the employer must continue, or resume without delay, as the case may be, rail 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.
Restoring Rail Service Act — R-7.3 4
Prohibitions 4 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 3 (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.
Restoring Rail Service Act — R-7.3 5
Obligations 5 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, 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; (b) take all reasonable steps to ensure that employees comply with paragraph 3 (b); and (c) refrain from any conduct that may encourage employees not to comply with paragraph 3 (b).
Restoring Rail Service Act — R-7.3 6
Extension 6 (1) The 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 term (2) A 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.
Restoring Rail Service Act — R-7.3 7
Strikes and lockouts prohibited 7 Until the day on which a collective agreement, as extended by subsection 6 (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 in respect of the bargaining unit to which the collective agreement applies; (b) 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; and (c) for an employee who is a member of that bargaining unit to participate in a strike against the employer.