C-8914264-65-66-67Elizabeth II2015-2016-2017-2018An Act to provide for the resumption and continuation of postal servicesPostal Services Resumption and Continuation ActPostal Services Resumption and Continuation Act201811
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25201890890RECOMMENDATIONHer 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”.SUMMARYThis 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.TABLE OF PROVISIONSAn Act to provide for the resumption and continuation of postal servicesPreambleShort TitlePostal Services Resumption and Continuation ActInterpretationDefinitionsPostal ServicesResumption or continuation of postal servicesProhibitionsObligationsExtension of Collective AgreementsExtensionStrikes and lockouts prohibitedMediator-ArbitratorLists of candidatesReferral of matters in disputePowers and duties of mediator-arbitratorDuties of mediator-arbitratorNew collective agreements not precludedCostsNew Collective AgreementsNew collective agreementEnforcementIndividualsComing into ForceNoon of day after royal assentPreambleWhereas 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:Short TitleShort titleThis Act may be cited as the Postal Services Resumption and Continuation Act.InterpretationDefinitionsThe 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 expressionsUnless otherwise provided, words and expressions used in this Act have the same meaning as in Part I of the Canada Labour Code.PresumptionFor the purposes of this Act, the union is deemed to be a person.Postal ServicesResumption or continuation of postal servicesOn the coming into force of this Act,the employer must resume without delay, or continue, as the case may be, postal services; andevery employee must, when so required, resume without delay, or continue, as the case may be, the duties of their employment.ProhibitionsIt is prohibited for the employer and for any of its officers and representatives toin any manner impede any employee from complying with paragraph 3(b); ordischarge 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.ObligationsThe union and each of its officers and representatives mustwithout 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; andtake all reasonable steps to ensure that employees comply with paragraph 3(b).Extension of Collective AgreementsExtensionThe 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 isa strike against the employer in respect of the bargaining unit to which the collective agreement applies; ora lockout against the union in respect of the bargaining unit to which the collective agreement applies.ExtensionThe 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 isa strike against the employer in respect of the bargaining unit to which the collective agreement applies; ora lockout against the union in respect of the bargaining unit to which the collective agreement applies.Collective agreement binding for extended termA 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 dischargeAny 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,to an arbitrator selected by the employer and the union; orif 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 applicableSections 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 prohibitedUntil a collective agreement, as extended by subsection 6(1) or (2), expires, it is prohibitedfor 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;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; andfor an employee who is a member of that bargaining unit to participate in a strike against the employer.Mediator-ArbitratorLists of candidatesThe 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-arbitratorIf 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 disputeThe 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-arbitratorThe 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-arbitratorWithin 90 days after the day on which he or she is appointed or any longer period that the Minister may allow, the mediator-arbitrator mustendeavour 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;if he or she is unable to bring about an agreement between the parties in respect of any such matter,hear the parties on the matter, arbitrate the matter and render a decision in respect of the matter, orask 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; andreport 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.PrecisionFor greater certainty, the choice of acting in accordance with subparagraph (1)(b)(i) or (ii) is at the discretion of the mediator-arbitrator.Guiding principlesIn rendering a decision or selecting a final offer under paragraph (1)(b), the mediator-arbitrator is to be guided by the needto ensure that the health and safety of the employees is protected;to ensure that the employees receive equal pay for work of equal value;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;to ensure the financial sustainability of the employer;to create a culture of collaborative labour-management relations; andto have the employer provide high-quality service at a reasonable price to Canadians.Mediation periodDespite 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 — decisionEvery 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 offerThe 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 submittedIf 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 precludedNothing 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.CostsAll 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 AgreementsNew collective agreementDespite 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: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;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; andevery 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).ApplicationPart 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 provisionsThe 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.AmendmentsNothing 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.EnforcementIndividualsAn 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$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$1,000, in any other case.Employer or unionIf 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 imprisonmentDespite 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 finesIf 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.Coming into ForceNoon of day after royal assentThis Act comes into force at noon Eastern Standard Time on the day after the day on which it receives royal assent.