GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Postal Services Continuation Act, 1997 — P-15.8
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Postal Services Resumption and Continuation Act — P-16.5 Preamble
Preamble Whereas the Canada Post Corporation and the Canadian Union of Postal Workers were parties to two collective agreements, one that expired on December 31, 2017 and one that expired on January 31, 2018;
Postal Services Resumption and Continuation Act — P-16.5
Whereas the parties have engaged, since November 2017, in collective bargaining to reach new collective agreements;
Postal Services Resumption and Continuation Act — P-16.5
Whereas the Minister of Labour and the Minister of Public Works and Government Services met with the parties on a number of occasions to encourage them to reach new collective agreements;
Postal Services Resumption and Continuation Act — P-16.5
Whereas the Minister of Labour appointed conciliation officers in July 2018 to assist the parties in their negotiations and the conciliation period expired without the parties having entered into new collective agreements;
Postal Services Resumption and Continuation Act — P-16.5
Whereas the Minister of Labour appointed mediators in September 2018 to further assist the parties in the negotiation of a settlement of their differences for the purpose of renewing their collective agreements;
Postal Services Resumption and Continuation Act — P-16.5
Whereas work stoppages commenced on October 22, 2018;
Postal Services Resumption and Continuation Act — P-16.5
Whereas the Minister of Labour appointed a special mediator on October 24, 2018, and then re-appointed the special mediator on November 7, 2018, to assist the parties in negotiating new collective agreements and in ending the work stoppages, and in each case the appointment ended without the parties having entered into new collective agreements and without the work stoppages having ended;
Postal Services Resumption and Continuation Act — P-16.5
Whereas the work stoppages are disrupting the delivery of mail and parcels across Canada;
Postal Services Resumption and Continuation Act — P-16.5
Whereas the work stoppages are having a significant adverse impact on Canadian workers, consumers and businesses as well as on those Canadians who rely on postal services;
Postal Services Resumption and Continuation Act — P-16.5
Whereas the Minister of Labour recognizes the importance of effective collective bargaining practices and the need for stable industrial relations for employees, unions and employers in the postal services sector;
Postal Services Resumption and Continuation Act — P-16.5
And whereas, having regard to the negative impact of the work stoppages, the public interest requires an exceptional solution to address the matters in dispute so that new collective agreements may be concluded;
Postal Services Resumption and Continuation Act — P-16.5
Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Postal Services Resumption and Continuation Act — P-16.5 1
Short title 1 This Act may be cited as the Postal Services Resumption and Continuation Act .
Postal Services Resumption and Continuation Act — P-16.5 2
Definitions 2 (1) The following definitions apply in this Act. collective agreement means the collective agreement between the employer and the union that expired on December 31, 2017 or the collective agreement between the employer and the union that expired on January 31, 2018. ( convention collective ) employee means a person who is employed by the employer and bound by a collective agreement. ( employé ) employer means the Canada Post Corporation. ( employeur ) mediator-arbitrator means the mediator-arbitrator appointed under subsection 8 (2). ( médiateur-arbitre ) Minister means the Minister of Labour. ( ministre ) union means the Canadian Union of Postal Workers, representing the Urban Postal Operations Unit or the Rural and Suburban Mail Carriers 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 . Presumption (3) For the purposes of this Act, the union is deemed to be a person.
Postal Services Resumption and Continuation Act — P-16.5
collective agreement means the collective agreement between the employer and the union that expired on December 31, 2017 or the collective agreement between the employer and the union that expired on January 31, 2018. ( convention collective )
Postal Services Resumption and Continuation Act — P-16.5
employee means a person who is employed by the employer and bound by a collective agreement. ( employé )
Postal Services Resumption and Continuation Act — P-16.5
employer means the Canada Post Corporation. ( employeur )
Postal Services Resumption and Continuation Act — P-16.5
mediator-arbitrator means the mediator-arbitrator appointed under subsection 8 (2). ( médiateur-arbitre )
Postal Services Resumption and Continuation Act — P-16.5
Minister means the Minister of Labour. ( ministre )
Postal Services Resumption and Continuation Act — P-16.5
union means the Canadian Union of Postal Workers, representing the Urban Postal Operations Unit or the Rural and Suburban Mail Carriers Unit. ( syndicat )
Postal Services Resumption and Continuation Act — P-16.5 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 their employment.
Postal Services Resumption and Continuation Act — P-16.5 4
Prohibitions 4 It is prohibited for the employer and for any of its officers and representatives 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.
Postal Services Resumption and Continuation Act — P-16.5 5
Obligations 5 The union and each of its officers and representatives 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, the duties of their employment; and (b) take all reasonable steps to ensure that employees comply with paragraph 3 (b).
Postal Services Resumption and Continuation Act — P-16.5 6
Extension 6 (1) The term of the collective agreement that expired on December 31, 2017 is extended to include the period beginning on January 1, 2018 and ending immediately before a new collective agreement between the parties comes into effect, except for any period during which there is (a) a strike against the employer in respect of the bargaining unit to which the collective agreement applies; or (b) a lockout against the union in respect of the bargaining unit to which the collective agreement applies. Extension (2) The term of the collective agreement that expired on January 31, 2018 is extended to include the period beginning on February 1, 2018 and ending immediately before a new collective agreement between the parties comes into effect, except for any period during which there is (a) a strike against the employer in respect of the bargaining unit to which the collective agreement applies; or (b) a lockout against the union in respect of the bargaining unit to which the collective agreement applies. Collective agreement binding for extended term (3) A collective agreement, as extended by subsection (1) or (2), 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. Arbitration of discipline or discharge (4) Any person employed by the employer who is disciplined or discharged during any period that is excluded under subsection (1) or (2), and who, but for the exclusion, would have been bound by the collective agreement during that period, may submit the matter, for final settlement, (a) to an arbitrator selected by the employer and the union; or (b) if they are unable to agree on the selection of an arbitrator and either of them makes a written request to the Minister to appoint an arbitrator, to an arbitrator appointed by the Minister after any inquiry that the Minister considers necessary. Provisions applicable (5) Sections 58 to 61 and 63 to 66 of the Canada Labour Code apply, with any modifications that the circumstances require, in respect of an arbitrator to whom a matter is submitted under subsection (4).
Postal Services Resumption and Continuation Act — P-16.5 7
Strikes and lockouts prohibited 7 Until a collective agreement, as extended by subsection 6 (1) or (2), expires, it is prohibited (a) for the employer and for any of its officers and representatives 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 of its officers and representatives 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.
Postal Services Resumption and Continuation Act — P-16.5 8
Lists of candidates 8 (1) The employer and the union may, within two days after the day on which this Act comes into force, each provide to the Minister a list of the names of up to three individuals that the employer or union, as the case may be, considers qualified to act as mediator-arbitrator. Appointment of mediator-arbitrator (2) If the two lists have only one name in common, the Minister must appoint that individual as the mediator-arbitrator, and if they have more than one name in common, he or she must appoint one of those individuals. However, if the Minister does not receive both lists within the period referred to in subsection (1), or if the lists that are received within that period have no names in common, he or she must appoint the mediator-arbitrator after seeking advice from the Chairperson of the Canada Industrial Relations Board.
Postal Services Resumption and Continuation Act — P-16.5 9
Referral of matters in dispute 9 The Minister must refer to the mediator-arbitrator all matters relating to the amendment or revision of each collective agreement that are, at the time of the appointment, in dispute between the parties.
Postal Services Resumption and Continuation Act — P-16.5 10
Powers and duties of mediator-arbitrator 10 The mediator-arbitrator has, with any modifications that the circumstances require, all the powers and duties referred to in paragraphs 60(1)(a) and (a.2) to (a.4) and sections 61 and 84 of the Canada Labour Code .
Postal Services Resumption and Continuation Act — P-16.5 11
Duties of mediator-arbitrator 11 (1) Within 90 days after the day on which he or she is appointed or any longer period that the Minister may allow, the mediator-arbitrator must (a) endeavour to mediate all the matters that were referred to him or her relating to the amendment or revision of each collective agreement and to bring about an agreement between the parties to it on those matters; (b) if he or she is unable to bring about an agreement between the parties in respect of any such matter, (i) hear the parties on the matter, arbitrate the matter and render a decision in respect of the matter, or (ii) ask each of the parties to submit, within the time and in the manner that he or she may specify, that party’s final offer in respect of the matter and, subject to subsection (7), select, in order to resolve the matter, either the final offer of the employer or the final offer of the union; and (c) report to the Minister on the resolution of each of the matters that were referred to the mediator-arbitrator and provide the parties with a copy of the report. Precision (2) For greater certainty, the choice of acting in accordance with subparagraph (1)(b)(i) or (ii) is at the discretion of the mediator-arbitrator. Guiding principles (3) In rendering a decision or selecting a final offer under paragraph (1)(b), the mediator-arbitrator is to be guided by the need (a) to ensure that the health and safety of the employees is protected; (b) to ensure that the employees receive equal pay for work of equal value; (c) to ensure the fair treatment of temporary or part-time employees, and other employees in non-standard employment, as compared to full-time, permanent employees; (d) to ensure the financial sustainability of the employer; (e) to create a culture of collaborative labour-management relations; and (f) to have the employer provide high-quality service at a reasonable price to Canadians. Mediation period (4) Despite subsection (1), the mediator-arbitrator has a period of not more than seven days after the day on which he or she is appointed — that may be extended for an additional period of not more than seven days if the parties agree — within which to endeavour to mediate the matters referred to in paragraph (1)(a) and to bring about an agreement between the parties. Contractual language — decision (5) Every decision of the mediator-arbitrator under subparagraph (1)(b)(i) must be worded in appropriate contractual language so as to allow its incorporation into a new collective agreement. Contractual language — final offer (6) The final offer of the employer and of the union referred to in subparagraph (1)(b)(ii) must be submitted with proposed contractual language that can be incorporated into a new collective agreement. If no final offer submitted (7) If either party fails to submit to the mediator-arbitrator a final offer when requested to do so under subparagraph (1)(b)(ii), the mediator-arbitrator must select the final offer submitted by the other party.
Postal Services Resumption and Continuation Act — P-16.5 12
New collective agreements not precluded 12 Nothing in this Act precludes the parties to a collective agreement from entering into a new collective agreement at any time before the mediator-arbitrator reports to the Minister under paragraph 11 (1)(c) and, if they do so, the mediator-arbitrator’s duties under this Act respecting the collective agreement cease as of the day on which the new collective agreement is entered into.
Postal Services Resumption and Continuation Act — P-16.5 13
Costs 13 All costs incurred by Her Majesty in right of Canada relating to the appointment of the mediator-arbitrator and the performance of their 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.
Postal Services Resumption and Continuation Act — P-16.5 14
New collective agreement 14 (1) Despite anything in Part I of the Canada Labour Code , but subject to subsection (2), beginning on the day after the day on which the mediator-arbitrator reports to the Minister under paragraph 11 (1)(c) in respect of the matters that were referred to them in respect of the amendment or revision of a collective agreement (in this subsection referred to as the “former collective agreement”), a new collective agreement consisting of the following is effective and binding on the parties: (a) every agreement entered into by the parties, before the appointment of the mediator-arbitrator, in relation to the amendment or revision of the former collective agreement; (b) every agreement entered into by the parties, after the appointment of the mediator-arbitrator, in relation to the matters that were referred to the mediator-arbitrator relating to the amendment or revision of the former collective agreement; and (c) every decision made by, and every final offer selected by, the mediator-arbitrator under paragraph 11 (1)(b) in relation to the matters referred to in paragraph (b). Application (2) Part I of the Canada Labour Code applies in respect of the new collective agreement as if it had been entered into under that Part. Coming into effect of provisions (3) The new collective agreement may provide that any of its provisions are effective and binding as of a day that is before or after the day on which the new collective agreement becomes effective and binding. Amendments (4) Nothing in this Act is to be construed so as to limit or restrict the rights of the parties to the new collective agreement to amend any of its provisions and to give effect to the amendment.
Postal Services Resumption and Continuation Act — P-16.5 15
Individuals 15 (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 not more than (a) $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) $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. No imprisonment (3) 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 subsection (1) or (2). Recovery of fines (4) If a person is convicted of an offence under subsection (1) or (2) 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.
Postal Services Resumption and Continuation Act — P-16.5 16
Noon of day after royal assent 16 This Act comes into force at noon Eastern Standard Time on the day after the day on which it receives royal assent.
Poverty Reduction Act — P-16.81 Preamble
Preamble Whereas Canada aspires to be a world leader in the eradication of poverty;
Poverty Reduction Act — P-16.81
Whereas poverty reduction contributes to meeting Canada’s international human rights obligations, including under the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities and the Convention on the Elimination of All Forms of Discrimination against Women;
Poverty Reduction Act — P-16.81
And whereas the progress made by Canada in the reduction of poverty contributes to meeting the Sustainable Development Goals of the United Nations;
Poverty Reduction Act — P-16.81
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Poverty Reduction Act — P-16.81 1
Short title 1 This Act may be cited as the Poverty Reduction Act .
Poverty Reduction Act — P-16.81 2
Definitions 2 The following definitions apply in this Act. Council means the National Advisory Council on Poverty established under section 9. ( Conseil ) Minister means the member of the Queen’s Privy Council for Canada designated under section 4. ( ministre ) Official Poverty Line means the Market Basket Measure, as published by Statistics Canada under the authority of the Statistics Act . ( seuil officiel de la pauvreté )
Poverty Reduction Act — P-16.81
Council means the National Advisory Council on Poverty established under section 9. ( Conseil )
Poverty Reduction Act — P-16.81
Minister means the member of the Queen’s Privy Council for Canada designated under section 4. ( ministre )
Poverty Reduction Act — P-16.81
Official Poverty Line means the Market Basket Measure, as published by Statistics Canada under the authority of the Statistics Act . ( seuil officiel de la pauvreté )
Poverty Reduction Act — P-16.81 3
Purpose 3 The purpose of the Act is to support continuous efforts in, and continuous monitoring of, poverty reduction in Canada.
Poverty Reduction Act — P-16.81 4
Order in council 4 The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.
Poverty Reduction Act — P-16.81 5
Strategy development and implementation 5 The Minister must develop and implement a poverty reduction strategy.
Poverty Reduction Act — P-16.81 6
Poverty reduction targets 6 The targets for poverty reduction in Canada to which the Government of Canada aspires are the following: (a) 20% below the level of poverty in 2015 by 2020; and (b) 50% below the level of poverty in 2015 by 2030.
Poverty Reduction Act — P-16.81 7
Official metric 7 (1) The Official Poverty Line is Canada’s official metric to measure the level of poverty in Canada and to assess progress in meeting the targets set out in section 6. Review (2) The Official Poverty Line is to be reviewed, on a regular basis as determined by Statistics Canada, to ensure that it reflects the up-to-date cost of a basket of goods and services representing a modest, basic standard of living in Canada.
Poverty Reduction Act — P-16.81 8
Other metrics 8 (1) The metrics set out in the schedule are to be used, in addition to the Official Poverty Line, to measure the level of poverty in Canada. Amendment of schedule (2) The Governor in Council may, by order, amend the schedule by adding or deleting a metric.
Poverty Reduction Act — P-16.81 9
Establishment 9 (1) A council is established, to be known as the National Advisory Council on Poverty, consisting of 8 to 10 members, including a Chairperson and a member with particular responsibilities for children’s issues. Deputy Minister — ex officio member (2) The Deputy Minister of the department for which the Minister is responsible is ex officio a member of the Council. Appointment of other members (3) The members of the Council, other than the ex officio member, are to be appointed by the Governor in Council to hold office during pleasure for a term not exceeding three years and are eligible for reappointment on the expiry of a first or subsequent term of office. Full-time or part-time membership (4) The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members. Chairperson’s role (5) The Chairperson has supervision over and direction of the work of the Council. Chairperson absent or unable to act (6) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Minister may designate another member of the Council to act as Chairperson, but that member may act as Chairperson for a period of more than 90 days only with the approval of the Governor in Council. Remuneration (7) The members of the Council, other than the ex officio member, are to be paid, in connection with their work for the Council, the remuneration that may be fixed by the Governor in Council. Travel and living expenses (8) The members of the Council are entitled to be reimbursed for the travel, living and other expenses incurred, in connection with their work for the Council, while absent from, in the case of full-time members, their ordinary place of work or, in the case of part-time members, their ordinary place of residence. Deemed employment (9) The members of the Council are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act . Full-time members are also deemed to be employed in the public service for the purposes of the Public Service Superannuation Act .