GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Thunder Bay Grain Handling Operations Act — T-10.6 Obligations of employers
Obligations of employers * 5 (1) No employer or officer or representative of an employer shall (a) in any manner impede any employee from complying with paragraph 4(b); or (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of that employee’s having been on strike before the coming into force of this Act. * [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being October 11, 1991), but not before the twelfth hour after the time at which this Act is assented to, see section 14.] Obligations of union * (2) The union and each officer and representative of the union shall (a) forthwith on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, grain handling operations are forthwith to be resumed at Thunder Bay, Ontario and the employees, when so required, are forthwith to resume the duties of their employment; (b) take all reasonable steps to ensure that employees comply with paragraph 4(b); and (c) refrain from any conduct that may encourage employees not to comply with paragraph 4(b). * [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being October 11, 1991), but not before the twelfth hour after the time at which this Act is assented to, see section 14.]
Thunder Bay Grain Handling Operations Act — T-10.6 6
Extension of collective agreement 6 (1) The term of the collective agreement is extended to include the period beginning on February 1, 1991 and ending on a date to be fixed by the mediator-arbitrator, which date shall not be earlier than January 31, 1993 or later than January 31, 1994. Collective agreement binding for extended term (2) The collective agreement, as amended by or pursuant to this Act, is effective and binding on the parties thereto for the period for which the agreement is extended by subsection (1) notwithstanding anything in Part I of the Canada Labour Code or in the agreement, and Part I of that Act applies in respect of the agreement, as so amended, as if that period were the term of the agreement.
Thunder Bay Grain Handling Operations Act — T-10.6 7
Strikes and lockouts prohibited 7 During the term of the collective agreement, as extended by subsection 6(1), (a) no employer shall declare or cause a lockout against the union; (b) no officer or representative of the union shall declare or authorize a strike against an employer; and (c) no employee shall participate in a strike against an employer.
Thunder Bay Grain Handling Operations Act — T-10.6 Appointment of mediator-arbitrator
Appointment of mediator-arbitrator * 8 (1) The Minister shall, after the coming into force of this Act, appoint a mediator-arbitrator and refer to the mediator-arbitrator all matters relating to the amendment or revision of the collective agreement that, at the time of the appointment, remain in dispute between the union and the employer. * [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being October 11, 1991), but not before the twelfth hour after the time at which this Act is assented to, see section 14.] Duties (2) The mediator-arbitrator shall, within ninety days after the mediator-arbitrator’s appointment or such longer period as the Minister may allow, (a) endeavour to mediate all the matters referred to in subsection (1) and to bring about agreement between the union and the employer on those matters; (b) if the mediator-arbitrator is unable to bring about agreement in respect of any such matter, hear the union and the employer on the matter, arbitrate the matter and render a decision in respect thereof; and (c) report to the Minister on the resolution of all such matters. Powers (3) The mediator-arbitrator has, with such modifications as the circumstances require, (a) for the purposes of the mediation referred to in paragraph (2)(a), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code ; and (b) for the purposes of the arbitration referred to in paragraph (2)(b), all the powers and duties of an arbitrator under sections 60 and 61 of that Act. Form of decision (4) The decision of the mediator-arbitrator in respect of any matter arbitrated by the mediator-arbitrator shall be set out in such form as will enable the decision to be incorporated into the collective agreement in accordance with section 9.
Thunder Bay Grain Handling Operations Act — T-10.6 9
Incorporation in collective agreement 9 When the mediator-arbitrator reports to the Minister pursuant to subsection 8(2), the collective agreement shall be deemed to be amended by the incorporation therein of any amendments agreed to by the union and the employer pursuant to the mediation and any decision of the mediator-arbitrator in respect of a matter arbitrated by the mediator-arbitrator, and the agreement, as so amended, constitutes a new collective agreement that shall be deemed to have effect on and after February 1, 1991.
Thunder Bay Grain Handling Operations Act — T-10.6 10
Parties may amend collective agreement 10 Nothing in this Act shall be construed so as to limit or restrict the rights of the parties to the collective agreement to agree to amend any provision of the agreement as amended by or pursuant to this Act, other than a provision relating to the term of the agreement, and to give effect thereto.
Thunder Bay Grain Handling Operations Act — T-10.6 11
Offence by individuals 11 (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 (a) of not more than $50,000, where the individual was acting in the capacity of an officer or representative of an employer or the union when the offence was committed; or (b) of not more than $1,000, in any other case. Offence by employer or union (2) Where an 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.
Thunder Bay Grain Handling Operations Act — T-10.6 12
Presumption 12 For the purposes of enforcement proceedings under this Act, the employer and the union are deemed to be persons.
Thunder Bay Grain Handling Operations Act — T-10.6 13
Construction 13 For greater certainty, nothing in this Act shall be construed so as to restrict a person from raising a defence of due diligence in a prosecution for an offence under this Act.
Thunder Bay Grain Handling Operations Act — T-10.6 Coming into force
Coming into force * 14 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. * [Note: Act assented to October 11, 1991.]
Textile Labelling Act — T-10 1
Short title 1 This Act may be cited as the Textile Labelling Act . R.S., c. 46(1st. Supp.), s. 1
Textile Labelling Act — T-10 2
Definitions 2 In this Act, advertise means make any representation to the public by any means whatever, except a representation on a label, for the purpose of promoting directly or indirectly the sale of a textile fibre product; ( publicité ou annonce ) analyst means a person designated as an analyst by the Commissioner pursuant to section 7; ( analyste ) apply means, in respect of a label, to attach to, imprint on, include in or cause to accompany in any other way a textile fibre product; ( Version anglaise seulement ) Commissioner means the Commissioner of Competition appointed under the Competition Act ; ( commissaire ) consumer textile article means (a) any textile fibre, yarn or fabric, or (b) any product made in whole or in part from a textile fibre, yarn or fabric that is in the form in which it is or is to be sold to any person for consumption or use, other than consumption or use in the manufacturing, processing or finishing of any product for sale; ( article textile de consommation ) dealer means a person who is a manufacturer, processor or finisher of a textile fibre product or a person who is engaged in the business of importing or selling any textile fibre product; ( fournisseur ) fabric means any material woven, knitted, crocheted, knotted, braided, felted, bonded, laminated or otherwise produced from, or in combination with, a textile fibre; ( tissu ) inspector means a person designated as an inspector pursuant to the Department of Industry Act for the purpose of the enforcement of this Act; ( inspecteur ) label means any label, mark, sign, device, imprint, stamp, brand or ticket; ( Version anglaise seulement ) Minister means the Minister of Industry; ( ministre ) prescribed means prescribed by the regulations; ( Version anglaise seulement ) sell includes (a) offer for sale, expose for sale and have in possession for sale, and (b) display in such manner as to lead to a reasonable belief that the product so displayed is intended for sale; ( vendre ) textile fibre means any natural or manufactured matter that is capable of being made into a yarn or fabric and, without limiting the generality of the foregoing, includes human hair, kapok, feathers and down and animal hair or fur that has been removed from an animal skin; ( fibre textile ) textile fibre product means (a) any consumer textile article, or (b) any textile fibre, yarn or fabric used or to be used in a consumer textile article. ( produit de fibres textiles ) R.S., 1985, c. T-10, s. 2; 1992, c. 1, s. 145(F); 1995, c. 1, ss. 62, 63; 1999, c. 2, ss. 52, 53
Textile Labelling Act — T-10
advertise means make any representation to the public by any means whatever, except a representation on a label, for the purpose of promoting directly or indirectly the sale of a textile fibre product; ( publicité ou annonce )
Textile Labelling Act — T-10
analyst means a person designated as an analyst by the Commissioner pursuant to section 7; ( analyste )
Textile Labelling Act — T-10
apply means, in respect of a label, to attach to, imprint on, include in or cause to accompany in any other way a textile fibre product; ( Version anglaise seulement )
Textile Labelling Act — T-10
Commissioner means the Commissioner of Competition appointed under the Competition Act ; ( commissaire )
Textile Labelling Act — T-10 (a)
consumer textile article means (a) any textile fibre, yarn or fabric, or (b) any product made in whole or in part from a textile fibre, yarn or fabric that is in the form in which it is or is to be sold to any person for consumption or use, other than consumption or use in the manufacturing, processing or finishing of any product for sale; ( article textile de consommation )
Textile Labelling Act — T-10
dealer means a person who is a manufacturer, processor or finisher of a textile fibre product or a person who is engaged in the business of importing or selling any textile fibre product; ( fournisseur )
Textile Labelling Act — T-10
fabric means any material woven, knitted, crocheted, knotted, braided, felted, bonded, laminated or otherwise produced from, or in combination with, a textile fibre; ( tissu )
Textile Labelling Act — T-10
inspector means a person designated as an inspector pursuant to the Department of Industry Act for the purpose of the enforcement of this Act; ( inspecteur )
Textile Labelling Act — T-10
label means any label, mark, sign, device, imprint, stamp, brand or ticket; ( Version anglaise seulement )
Textile Labelling Act — T-10
Minister means the Minister of Industry; ( ministre )
Textile Labelling Act — T-10
prescribed means prescribed by the regulations; ( Version anglaise seulement )
Textile Labelling Act — T-10 (a)
sell includes (a) offer for sale, expose for sale and have in possession for sale, and (b) display in such manner as to lead to a reasonable belief that the product so displayed is intended for sale; ( vendre )
Textile Labelling Act — T-10
textile fibre means any natural or manufactured matter that is capable of being made into a yarn or fabric and, without limiting the generality of the foregoing, includes human hair, kapok, feathers and down and animal hair or fur that has been removed from an animal skin; ( fibre textile )
Textile Labelling Act — T-10 (a)
textile fibre product means (a) any consumer textile article, or (b) any textile fibre, yarn or fabric used or to be used in a consumer textile article. ( produit de fibres textiles )
Textile Labelling Act — T-10 3
Prohibition respecting consumer textile articles 3 No dealer shall sell, import into Canada or advertise (a) a prescribed consumer textile article unless the article has applied to it a label containing a representation with respect to the textile fibre content of the article; or (b) any consumer textile article that has applied to it a label containing a representation with respect to the textile fibre content of the article unless the label is applied to it in accordance with and complies with all applicable provisions of this Act. R.S., c. 46(1st Supp.), s. 3
Textile Labelling Act — T-10 4
Prohibition respecting advertising 4 No dealer shall, in advertising a consumer textile article, make any representation with respect to the textile fibre content of the article except in accordance with the regulations. R.S., c. 46(1st Supp.), s. 4
Textile Labelling Act — T-10 5
Representations relating to consumer textile articles 5 (1) No dealer shall apply to a consumer textile article a label, or sell, import into Canada or advertise a consumer textile article that has applied to it a label containing any false or misleading representation that relates to or may reasonably be regarded as relating to the article. Representations relating to textile fibre products (2) No dealer shall, by means of a label, advertising or otherwise, make any false or misleading representation that relates to or may reasonably be regarded as relating to a textile fibre product. Definition of “false or misleading representation” (3) For the purposes of this section, false or misleading representation includes (a) any representation in which expressions, words, figures, depictions or symbols are arranged or shown in a manner that may reasonably be regarded as likely to deceive any person with respect to textile fibre content; (b) any expression, word, figure, depiction or symbol that implies or may reasonably be regarded as implying that a textile fibre product contains any fibre, fur or hair not contained in the product; and (c) any description of the type, quality, performance, origin or method of manufacture or production of a textile fibre product that may reasonably be regarded as likely to deceive any person with respect to the matter so described. R.S., c. 46(1st Supp.), s. 5
Textile Labelling Act — T-10 6
Label containing representation respecting textile fibre content 6 Each label containing a representation with respect to the textile fibre content of the consumer textile article to which it is applied shall (a) be applied to the article in such form and manner as may be prescribed; and (b) show, in such form and manner as may be prescribed, (i) the generic name of each textile fibre comprising five per cent or more by mass of the total fibre mass of the article, (ii) subject to the regulations, such percentage by mass of the total fibre mass of the article as each textile fibre named pursuant to subparagraph (i) comprises, (iii) the identity of the person by or for whom the consumer textile article was manufactured or made, and (iv) such other information and representations as may be required by the regulations to be included in the label. R.S., 1985, c. T-10, s. 6; 1993, c. 34, s. 119
Textile Labelling Act — T-10 7
Designation of analysts by Commissioner 7 The Commissioner may designate as an analyst for the purposes of this Act any person who, in his opinion, is qualified to be so designated. R.S., 1985, c. T-10, s. 7; 1999, c. 2, s. 53
Textile Labelling Act — T-10 8
Powers of inspectors 8 (1) Subject to subsection (1.1), an inspector may at any reasonable time enter any premises of a dealer or any other place in which the inspector believes on reasonable grounds there is any textile fibre product that is owned by a dealer and may (a) examine any textile fibre product found therein; (b) open and examine any package found therein that the inspector believes on reasonable grounds contains any textile fibre product; and (c) examine any books, reports, test data, records, shipping bills and bills of lading or other documents or papers that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or extracts therefrom. Warrant required to enter dwelling-house (1.1) Where any place or premises referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2). Authority to issue warrant (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house, (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused, the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant. Use of force (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. Certificate to be produced (2) An inspector shall be furnished with a certificate of his designation as an inspector and, on entering any place described in subsection (1), shall, if so required, produce the certificate to the person in charge of that place. Assistance to inspectors (3) The owner or person in charge of a place referred to in subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations. R.S., 1985, c. T-10, s. 8; R.S., 1985, c. 31 (1st Supp.), s. 24
Textile Labelling Act — T-10 9
Obstruction 9 (1) No person shall obstruct or hinder an inspector in the carrying out of his duties and functions under this Act. False statements (2) No person shall knowingly make any false or misleading statement, either orally or in writing, to an inspector engaged in carrying out his duties and functions under this Act. Interference (3) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with any textile fibre product or other thing detained by an inspector pursuant to the regulations. R.S., c. 46(1st Supp.), s. 9
Textile Labelling Act — T-10 10
Seizure 10 (1) Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any textile fibre product or any labelling, packaging or advertising material by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed. Detention (2) A textile fibre product or other thing seized and detained pursuant to subsection (1) shall not be detained after (a) the provisions of this Act or any regulations that are applicable to the textile fibre product or other thing have, in the opinion of the inspector, been complied with, or (b) the expiration of ninety days after the day of seizure or such longer period as may be prescribed with respect to any textile fibre product, unless before that time proceedings have been instituted in respect of the contravention, in which event the textile fibre product or other thing may be detained until the proceedings are finally concluded. R.S., c. 46(1st Supp.), s. 10
Textile Labelling Act — T-10 12
Contravention of sections 3 to 5 12 (1) Every dealer who contravenes section 3, 4 or 5 is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding five thousand dollars; or (b) on conviction on indictment, to a fine not exceeding ten thousand dollars. Contravention of other provisions, or regulations (2) Every person who contravenes any provision of this Act, other than section 3, 4 or 5, or of the regulations is guilty of an offence and liable, (a) on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both; or (b) on conviction on indictment, to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding one year or to both. R.S., c. 46(1st Supp.), s. 12
Textile Labelling Act — T-10 13
Offence by employee or agent or mandatary 13 (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission. Limitation period (2) Proceedings by way of summary conviction under this Act may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose. Venue (3) A complaint or an information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction. R.S., 1985, c. T-10, s. 13; 2011, c. 21, s. 157
Textile Labelling Act — T-10 14
Certificate of analyst 14 (1) Subject to this section, a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined an article or a product or substance and stating the result of the analysis or examination is, in any prosecution for an offence under this Act, evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate. Attendance of analyst (2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice (3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of the intention together with a copy of the certificate. R.S., c. 46(1st Supp.), s. 14