Bill C-89, An Act to provide for the resumption and
continuation of postal services
- First Reading, November 22, 2018 -
First Session, Forty-second
Parliament,
64-65-66-67
Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
An Act to provide for the resumption and continuation of
postal services
FIRST READING, November
22, 2018
MINISTER OF EMPLOYMENT, WORKFORCE DEVELOPMENT AND LABOUR
RECOMMENDATION
Her Excellency the Governor General recommends to the House
of Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled “An Act to provide for the resumption and
continuation of postal services”.
This enactment provides for the resumption and continuation
of postal services and imposes a mediation process to resolve matters
remaining in dispute between the parties. It also empowers the
mediator-arbitrator to impose an arbitration process to resolve matters
that cannot be resolved through mediation.
An Act to provide for the resumption and continuation of
postal services
Postal Services
Resumption
and Continuation Act
Resumption or continuation of postal services
Extension of Collective Agreements
Strikes and lockouts prohibited
Referral of matters in dispute
Powers and duties of mediator-arbitrator
Duties of mediator-arbitrator
New collective agreements not precluded
New Collective Agreements
Noon of day after royal assent
1st Session, 42nd Parliament,
64-65-66-67 Elizabeth
II, 2015-2016-2017-2018
HOUSE OF COMMONS OF
CANADA
BILL C-89
An Act to provide for the resumption and continuation of
postal services
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;
Whereas the parties have engaged, since November 2017, in
collective bargaining to reach new collective agreements;
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;
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;
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;
Whereas work stoppages commenced on October 22, 2018;
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;
Whereas the work stoppages are disrupting the delivery of
mail and parcels across Canada;
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;
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;
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;
Now therefore, Her Majesty, by and with the advice and
consent of the Senate and House of Commons of Canada, enacts as follows:
1 This
Act
may
be cited as the Postal
Services Resumption and Continuation Act.
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)
(2) Unless
otherwise
provided,
words and expressions used in this Act have the
same meaning as in Part I of the Canada
Labour
Code.
(3) For
the
purposes
of this Act, the union is deemed to be a person.
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.
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.
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).
Extension of Collective Agreements
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.
(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.
(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).
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.
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.
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.
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.
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.
(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.
(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.
(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.
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.
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.
New Collective Agreements
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).
(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.
(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.
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.
(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.
(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).
(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.
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.
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