GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Protecting Air Service Act — P-25.6 8
Obligations 8 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).
Protecting Air Service Act — P-25.6 9
Extension 9 (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. 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.
Protecting Air Service Act — P-25.6 10
Strikes and lockouts prohibited 10 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.
Protecting Air Service Act — P-25.6 11
Appointment of arbitrator 11 The Minister must appoint as arbitrator for final offer selection a person that the Minister considers appropriate.
Protecting Air Service Act — P-25.6 12
Powers and duties 12 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 .
Protecting Air Service Act — P-25.6 13
Obligation to provide final offer 13 (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). Contractual language (2) The final offer must be submitted with proposed contractual language that can be incorporated into the new collective agreement.
Protecting Air Service Act — P-25.6 14
Arbitrator’s duties 14 (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. 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. 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. 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.
Protecting Air Service Act — P-25.6 15
Proceedings prohibited 15 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.
Protecting Air Service Act — P-25.6 16
New collective agreement not precluded 16 Nothing in this Part 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 Part cease as of the day on which the new collective agreement is entered into.
Protecting Air Service Act — P-25.6 17
New collective agreement 17 (1) 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 and binding on the parties beginning on the day on which it is made. 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. Amendments (3) Nothing in this Part 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 a provision relating to its term, and to give effect to the amendment.
Protecting Air Service Act — P-25.6 18
Definitions 18 The following definitions apply in this Part. arbitrator means the arbitrator appointed under section 26 . ( arbitre ) collective agreement means the collective agreement between the employer and the union that expired on March 31, 2011. ( convention collective ) employee means a person who is employed by the employer and bound by the collective agreement. ( employé ) union means the Air Canada Pilots Association. ( syndicat )
Protecting Air Service Act — P-25.6
arbitrator means the arbitrator appointed under section 26 . ( arbitre )
Protecting Air Service Act — P-25.6
union means the Air Canada Pilots Association. ( syndicat )
Protecting Air Service Act — P-25.6 19
Suspension of right to declare strike or lockout 19 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 24 (1), expires.
Protecting Air Service Act — P-25.6 20
Application of sections 21 to 23 20 Sections 21 to 23 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.
Protecting Air Service Act — P-25.6 21
Continuation or resumption of air service operations 21 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.
Protecting Air Service Act — P-25.6 22
Prohibitions 22 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 21 (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.
Protecting Air Service Act — P-25.6 23
Obligations 23 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 21 (b); and (c) refrain from any conduct that may encourage employees not to comply with paragraph 21 (b).
Protecting Air Service Act — P-25.6 24
Extension 24 (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. 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.
Protecting Air Service Act — P-25.6 25
Strikes and lockouts prohibited 25 Until the day on which the collective agreement, as extended by subsection 24 (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.
Protecting Air Service Act — P-25.6 26
Appointment of arbitrator 26 The Minister must appoint as arbitrator for final offer selection a person that the Minister considers appropriate.
Protecting Air Service Act — P-25.6 27
Powers and duties 27 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 .
Protecting Air Service Act — P-25.6 28
Obligation to provide final offer 28 (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). Contractual language (2) The final offer must be submitted with proposed contractual language that can be incorporated into the new collective agreement.
Protecting Air Service Act — P-25.6 29
Arbitrator’s duties 29 (1) Subject to section 31 , 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 28 (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 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. 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 28 (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 28 (1)(a) and that is in the final offer selected by the arbitrator.
Protecting Air Service Act — P-25.6 30
Proceedings prohibited 30 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.
Protecting Air Service Act — P-25.6 31
New collective agreement not precluded 31 Nothing in this Part 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 Part cease as of the day on which the new collective agreement is entered into.
Protecting Air Service Act — P-25.6 32
New collective agreement 32 (1) 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 and binding on the parties beginning on the day on which it is made. 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. Amendments (3) Nothing in this Part 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 a provision relating to its term, and to give effect to the amendment.
Protecting Air Service Act — P-25.6 33
Costs 33 All costs incurred by Her Majesty in right of Canada relating to the appointment of an arbitrator and the performance of an arbitrator’s duties under this Act are debts due to Her Majesty in right of Canada and may be recovered as such, in any court of competent jurisdiction, in equal parts from, in the case of an appointment under Part 1, the International Association of Machinists and Aerospace Workers and the employer, and in the case of an appointment under Part 2, the Air Canada Pilots Association and the employer.
Protecting Air Service Act — P-25.6 34
Individuals 34 (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, the International Association of Machinists and Aerospace Workers or the Air Canada Pilots Association when the offence was committed; or (b) not more than $1,000 in any other case. Employer or union (2) If the employer, the International Association of Machinists and Aerospace Workers or the Air Canada Pilots Association 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.
Protecting Air Service Act — P-25.6 35
No imprisonment 35 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 34 .
Protecting Air Service Act — P-25.6 36
Recovery of fines 36 If a person is convicted of an offence under section 34 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.
Protecting Air Service Act — P-25.6 37
Presumption 37 For the purposes of this Act, the International Association of Machinists and Aerospace Workers and the Air Canada Pilots Association are deemed to be persons.
Protecting Air Service Act — P-25.6 Coming into force
Coming into force * 38 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 March 16, 2012.]
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 1
Short title 1 This Act may be cited as the Protection of Residential Mortgage or Hypothecary Insurance Act .
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 2
Definitions 2 The following definitions apply in this Act. approved mortgage insurer means a mortgage insurer that is designated under section 4 . ( assureur hypothécaire agréé ) company means the Canada Guaranty Mortgage Insurance Company, the Genworth Financial Mortgage Insurance Company Canada, the PMI Mortgage Insurance Company Canada or any successor to any of those companies. ( société ) court means (a) in Ontario, the Superior Court of Justice; (b) in Quebec, the Superior Court of the province; (c) in Nova Scotia and British Columbia, the Supreme Court of the province; (d) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the province; (e) in Prince Edward Island and Newfoundland and Labrador, the trial division of the Supreme Court of the province; and (f) in Yukon and the Northwest Territories, the Supreme Court of the territory, and in Nunavut, the Nunavut Court of Justice. ( tribunal ) eligible mortgage loan means a mortgage or hypothecary loan that meets the criteria established by regulations made under subsection 42 (1). ( prêt hypothécaire admissible ) Her Majesty means Her Majesty in right of Canada. ( Sa Majesté ) liquidator means a liquidator appointed under the Winding-up and Restructuring Act or a similar official appointed under any other Act of Parliament relating to insolvency or bankruptcy. ( liquidateur ) Minister means the Minister of Finance. ( ministre ) mortgage insurer means a corporation referred to in subsection 13(1) of the Insurance Companies Act and that is approved by the Superintendent to sell mortgage or hypothecary insurance in Canada.  ( assureur hypothécaire ) policy means any written contract of insurance in respect of an eligible mortgage loan, whether contained in one or more documents, entered into by an approved mortgage insurer and a qualified mortgage lender that has been designated as such by the approved mortgage insurer. ( police ) prescribed means prescribed by regulations made under section 41 . ( Version anglaise seulement ) qualified mortgage lender means a mortgage or hypothecary lender that has been designated under section 10 . ( prêteur hypothécaire qualifié ) Superintendent means the Superintendent of Financial Institutions appointed under the Office of the Superintendent of Financial Institutions Act . ( surintendant ) winding-up order means a winding-up order made under the Winding-up and Restructuring Act or a similar order made under any other Act of Parliament relating to insolvency or bankruptcy. ( ordonnance de mise en liquidation )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
approved mortgage insurer means a mortgage insurer that is designated under section 4 . ( assureur hypothécaire agréé )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
company means the Canada Guaranty Mortgage Insurance Company, the Genworth Financial Mortgage Insurance Company Canada, the PMI Mortgage Insurance Company Canada or any successor to any of those companies. ( société )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7 (a)
court means (a) in Ontario, the Superior Court of Justice; (b) in Quebec, the Superior Court of the province; (c) in Nova Scotia and British Columbia, the Supreme Court of the province; (d) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the province; (e) in Prince Edward Island and Newfoundland and Labrador, the trial division of the Supreme Court of the province; and (f) in Yukon and the Northwest Territories, the Supreme Court of the territory, and in Nunavut, the Nunavut Court of Justice. ( tribunal )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
eligible mortgage loan means a mortgage or hypothecary loan that meets the criteria established by regulations made under subsection 42 (1). ( prêt hypothécaire admissible )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
Her Majesty means Her Majesty in right of Canada. ( Sa Majesté )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
liquidator means a liquidator appointed under the Winding-up and Restructuring Act or a similar official appointed under any other Act of Parliament relating to insolvency or bankruptcy. ( liquidateur )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
Minister means the Minister of Finance. ( ministre )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
mortgage insurer means a corporation referred to in subsection 13(1) of the Insurance Companies Act and that is approved by the Superintendent to sell mortgage or hypothecary insurance in Canada.  ( assureur hypothécaire )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
policy means any written contract of insurance in respect of an eligible mortgage loan, whether contained in one or more documents, entered into by an approved mortgage insurer and a qualified mortgage lender that has been designated as such by the approved mortgage insurer. ( police )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
prescribed means prescribed by regulations made under section 41 . ( Version anglaise seulement )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
qualified mortgage lender means a mortgage or hypothecary lender that has been designated under section 10 . ( prêteur hypothécaire qualifié )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
Superintendent means the Superintendent of Financial Institutions appointed under the Office of the Superintendent of Financial Institutions Act . ( surintendant )
Protection of Residential Mortgage or Hypothecary Insurance Act — P-25.7
winding-up order means a winding-up order made under the Winding-up and Restructuring Act or a similar order made under any other Act of Parliament relating to insolvency or bankruptcy. ( ordonnance de mise en liquidation )