163.1.1 (1) This section applies if, (a) the proponent under an existing project agreement believes that a new construction project that is not included in the agreement is economically significant; (b) the proponent wishes to add the new project to be governed by the project agreement; and (c) the project agreement contains a term providing that additional projects may be added to and governed by the project agreement.  2000, c. 38, s. 36. Notice to be given (2) The proponent shall do the following: 1. Give notice that the proponent wishes to add a new project to be governed by an existing project agreement to the bargaining agents, employee bargaining agencies and employer bargaining agencies that received notice under subsection 163.1 (11). 2. Include with the notice a copy of the existing project agreement and a general description of the new project and its estimated cost. 3. Give the Board a copy of the notice and evidence, in the form required by the Board, that the notice has been given to each bargaining agent entitled to receive notice.  2000, c. 38, s. 36. Challenge (3) A bargaining agent entitled to receive notice under subsection (2) may apply to the Board for an order that the new project may not be the subject of the project agreement.  2000, c. 38, s. 36. Same (4) Subsection 163.1 (3) applies, with necessary modifications, to an application under subsection (3).  2000, c. 38, s. 36. Application by bargaining agent (5) A bargaining agent entitled to receive notice under subsection (2) may challenge the proposed addition of the new project to the existing project agreement by giving notice to the Board within 10 days after the Board receives a copy of the notice and evidence under paragraph 3 of subsection (2).  2000, c. 38, s. 36. Decision of Board (6) In a challenge under subsection (5), the Board shall make an order declaring that the new project shall not be added to the existing project agreement if the Board makes either of the following findings: 1. The project agreement does not contain a term that additional projects may be added to and governed by the project agreement. 2. The requirements in subsection (2) have not been satisfied and the failure to satisfy the requirements affected the bargaining agent making the challenge.  2000, c. 38, s. 36. Same (7) If the Board does not make any of the findings set out in subsection (6), the Board shall dismiss the challenge.  2000, c. 38, s. 36. Notice that new project added (8) The proponent may give notice to the bargaining agents, employee bargaining agencies and employer bargaining agencies specified in subsection (2) that the new project has been added to be governed by the project agreement if, (a) no application was made under subsection (3) within the time for making such an application; (b) no challenge is made under subsection (5) within the time for making such a challenge; or (c) the Board has dismissed any applications or challenges made under those subsections.  2000, c. 38, s. 36. Effect of notice (9) The following apply upon the proponent giving the notice under subsection (8): 1. The new project is added to the project agreement. 2. Subsections 163.1 (14), (15), (16) and (16.1) apply with respect to the new project on and after the day it is added to the project agreement.  2000, c. 38, s. 36. Notice that new project not added (10) If the Board grants an application made under subsection (3) or makes an order under subsection (6), the proponent shall give notice to the bargaining agents, employee bargaining agencies and employer bargaining agencies specified in subsection (2) that the new project has not been added to the project agreement.  2000, c. 38, s. 36. Previous agreements re more than one project (11) Multiple projects and the addition of new projects under a project agreement described in subsection (13) shall be governed in accordance with the project agreement and not in accordance with section 163.1 and subsections (1) to (10).  2000, c. 38, s. 36. Previous agreements deemed valid (12) The provisions in a project agreement described in subsection (13) dealing with multiple projects and the addition of new projects shall be deemed to be valid.  2000, c. 38, s. 36. Same (13) Subsections (11) and (12) apply with respect to a project agreement if notice was given under subsection 163.1 (11) with respect to the project agreement before November 2, 2000.  2000, c. 38, s. 36. Section Amendments with date in force (d/m/y) 2000, c. 38, s. 36
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