Bill C-20

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Royal Assent

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	Bargaining Agents
Bargaining agents	69. (1) Each employee organization that immediately before the transfer date was certified under the Public Service Staff Relations Act as the bargaining agent for a bargaining unit consisting of or including designated employees referred to in section 58 is deemed to have been certified as the bargaining agent for the employees of the Corporation in that bargaining unit under Part I of the Canada Labour Code on the transfer date.
Certification	(2) Notwithstanding any provision of Part I of the Canada Labour Code,
	(a) no application for certification as the bargaining agent for any employees of the Corporation represented by a bargaining agent deemed to have been certified under subsection (1) may be made by a trade union, and
	(b) no bargaining unit or part of a bargaining unit consisting of employees of the Corporation represented by a bargaining agent deemed to have been certified under subsection (1) may be reviewed, rescinded, amended, altered or varied, otherwise than
	(i) to include in the unit any employees who are not represented by a bargaining agent, or
	(ii) to merge bargaining units that are represented by the same bargaining agent,
	before the beginning of the last three months of the first collective agreement entered into after the transfer date that applies to those employees and that has resulted from a notice to bargain collectively given by or to the Corporation after that date.
First collective agreement	(3) For greater certainty, no collective agreement resulting from a notice to bargain collectively deemed under subsection 63(6) to have been given and no collective agreement or arbitral award referred to in subsection 63(9) is a first collective agreement within the meaning and for the purposes of subsection (2).
	Severance Pay
Severance pay	70. Notwithstanding section 67, a designated employee referred to in section 58 is entitled to severance pay in accordance with
	(a) any collective agreement or arbitral award that is binding on the designated employee immediately before the transfer date, or
	(b) any terms and conditions of employment applicable to the designated employee immediately before the transfer date,
	on the day the designated employee ceases to be employed in the Public Service pursuant to this Act.
Recognition of service	71. Notwithstanding section 67, when a designated employee is entitled to severance pay from the Corporation pursuant to a collective agreement, an arbitral award or terms and conditions of employment, the period for which the designated employee is entitled to severance pay is deemed not to include any period of employment for which the designated employee is entitled to severance pay under section 70.
Deemed lay-off	72. Designated employees are deemed to be laid off from the Public Service on the day they cease to be employed in the Public Service pursuant to this Act for the sole purpose of entitlement to severance pay from Her Majesty in right of Canada as represented by the Treasury Board.
	PART V
	SERVICES TO HUMANITARIAN OR EMERGENCY FLIGHTS
Definitions	73. (1) The definitions in this subsection apply in this section and sections 74 to 84 and 90 to 92.
``collective agreement'' « convention collective »	``collective agreement'' means a collective agreement between the Corporation and a trade union, and includes a collective agreement or arbitral award continued under section 62 or mentioned in section 63.
``emergency flight support employee'' « employé affecté aux vols d'urgence »	``emergency flight support employee'' means an employee identified in accordance with the terms of an emergency support agreement.
``emergency support agreement'' « accord sur les services d'urgence »	``emergency support agreement'' means an agreement between the Corporation and a trade union in respect of a bargaining unit represented by the trade union that
	(a) identifies, in respect of the bargaining unit, the positions and the number of employees and their level of certification that are necessary to enable the Corporation to provide civil air navigation services in respect of humanitarian or emergency flights during a work stoppage;
	(b) specifies the manner in which employees in the bargaining unit shall be identified as emergency flight support employees and how they are to be informed of that designation; and
	(c) requires emergency flight support employees who are members of that bargaining unit to perform duties in support of the provision of civil air navigation services in respect of humanitarian or emergency flights during a work stoppage.
``humanita- rian or emergency flight'' « vols d'urgence ou à vocation humani- taire »	``humanitarian or emergency flight'' means
	(a) an air ambulance flight;
	(b) an aerial fire-fighting flight;
	(c) a search and rescue flight;
	(d) a flight in support of police or military activities;
	(e) a flight to or from a location in Canada requiring designated northern or remote services;
	(f) a flight incidental to any declared international, national, provincial or local emergency; or
	(g) any other flight, or class of flights, declared by the Minister to be a humanitarian or emergency flight.
``trade union'' « syndicat »	``trade union'' means a bargaining agent for a bargaining unit of employees of the Corporation.
``work stoppage'' « arrêt de travail »	``work stoppage'' means a strike or lockout.
Words and expressions	(2) Unless a contrary intention appears, words and expressions in this Part have the same meaning as in the Canada Labour Code.
Obligation to provide services	74. In the event of a work stoppage the Corporation shall continue to provide civil air navigation services necessary for humanitarian or emergency flights.
Parties to enter into agreement	75. The Corporation and every trade union shall, in respect of each bargaining unit represented by the trade union, enter into an emergency support agreement and, immediately on its execution, the Corporation shall file a copy of the agreement with the Minister of Labour.
Selection of mediator- arbitrator by parties	76. (1) Where no emergency support agreement with respect to a bargaining unit is in force 90 days before the expiration of the collective agreement applicable to that unit, the Corporation and the trade union shall select a mediator-arbitrator within 15 days.
Selection of mediator- arbitrator by Minister	(2) Where the Corporation and a trade union are unable to agree to the selection of a mediator-arbitrator in the 15-day period, they shall so notify the Minister of Labour in writing, who shall, after such inquiry as that Minister considers necessary, appoint a mediator-arbitrator and inform them of the appointment.
Duties of mediator- arbitrator	77. (1) Within 60 days after the mediator-arbitrator's selection or appointment, the mediator-arbitrator shall
	(a) for the purpose of concluding an emergency support agreement between the Corporation and the trade union,
	(i) endeavour to mediate the matters in dispute and to bring about an emergency support agreement, and
	(ii) if unable to bring about an emergency support agreement, hear the Corporation and the trade union on the matters in dispute, arbitrate the matters and render a decision in the form of an emergency support agreement; and
	(b) file a copy of any decision under subparagraph (a)(ii) with the Minister of Labour.
Late decision not invalid	(2) The failure of a mediator-arbitrator to make a decision within the 60-day period does not affect the jurisdiction of the mediator-arbitrator to continue with and complete the arbitration proceedings, and any decision made by the mediator-arbitrator after the expiration of those 60 days is not for that reason invalid.
Powers of mediator- arbitrator	78. A mediator-arbitrator has, with such modifications as the circumstances require,
	(a) for the purposes of the mediation referred to in subparagraph 77(1)(a)(i), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code; and
	(b) for the purposes of the arbitration referred to in subparagraph 77(1)(a)(ii), all the powers and duties of an arbitrator under sections 60 and 61 of that Act.
Fees and expenses of mediator- arbitrator	79. The fees and expenses of a mediator-arbitrator shall be paid equally by the Corporation and the trade union.
Deemed agreement	80. As of the day a mediator-arbitrator makes a decision under subparagraph 77(1)(a)(ii), the emergency support agreement that results from that decision is deemed to have been entered into by the Corporation and the trade union in respect of the bargaining unit to which the agreement applies, and that agreement is binding on the Corporation, on the trade union and on the employees in the bargaining unit.
Proceedings prohibited	81. No order shall be made, no process shall be entered into and no proceeding shall be taken in any court
	(a) to question the appointment of a mediator-arbitrator; or
	(b) to review, prohibit or restrain any proceeding or decision of a mediator-arbitrator.
Revision of emergency support agreement	82. The Corporation and a trade union may, at any time, revise any provision of an emergency support agreement, but neither party may terminate the agreement during the period beginning 180 days before the expiration of the collective agreement that applies to the bargaining unit to which the emergency support agreement relates and ending on the day on which a new collective agreement that applies to that bargaining unit comes into force.
Notice of termination	83. Where a party to an emergency support agreement terminates the agreement, the party shall immediately give written notice to the other party and to the Minister of Labour.
Terms of employment	84. Unless the parties to an emergency support agreement agree otherwise,
	(a) the terms and conditions of employment, and
	(b) the rights, duties and privileges of the Corporation, of the employees in the bargaining unit to which the agreement applies and of the trade union representing those employees,
	that were in effect immediately before the right to strike or lockout was acquired continue to apply with respect to emergency flight support employees who work during a work stoppage.
	PART VI
	CONTROL AND ENFORCEMENT
	Sending Notices
Sending notices	85. (1) The failure to send a notice or an announcement to any representative organization of users or to one or more users or persons that have notified the Corporation of their desire to receive notices or announcements under this Act does not constitute a failure to send the notice or announcement if the failure was unintentional.
Posting notices	(2) The failure to post an electronic version of a notice or announcement in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet does not constitute a failure to post the notice or announcement if the failure was due to technical difficulties.
	Amendment of Letters Patent and By-laws
Amendment of letters patent	86. (1) The letters patent of the Corporation may not be amended without the prior written approval of the Minister, and any such amendment without that approval is invalid.
Amendment or repeal of by-laws	(2) A by-law of the Corporation that requires the Minister's approval to be amended or repealed may not be amended or repealed without the prior written approval of the Minister, and any such amendment or repeal without that approval is invalid.
	Enforcement
Compliance or restraining order - letters patent and by-laws	87. (1) If the Corporation or any of its directors or officers fails to comply with the letters patent or the by-laws of the Corporation, any present or former member, director or officer of the Corporation or any other person who, in the discretion of the court, is a proper person to make an application under this section, may apply to the superior court of any province for an order directing the Corporation or any of its directors or officers to comply with, or restraining the Corporation or any of its directors or officers from acting in breach of, the letters patent or the by-laws, and on such application the court may so order and make any further order it thinks fit.
Compliance or restraining order - contravention by Corporation	(2) If the Corporation contravenes section 9 or 16, subsection 19(1), section 22 or subsection 23(1), (2), (4) or (5), any person may apply to the superior court of any province for an order directing the Corporation to comply with, or restraining the Corporation from acting in breach of, that provision, and on such application the court may so order and make any further order it thinks fit.
Summary application to court	(3) An application may be made in a summary manner by petition, originating notice of motion or otherwise as the rules of the court provide and is subject to any order respecting notice to interested parties or costs, or any other order the court thinks fit.
Appeal	(4) An order under subsection (1) may be appealed to the court to which appeals from the court making the order normally lie.
Contraven- tion of s. 10(1)	88. Every person who contravenes subsection 10(1) is guilty of an offence punishable on summary conviction and liable
	(a) in the case of an individual, to a fine of not more than $5,000, and
	(b) in the case of a corporation, to a fine of not more than $25,000
	for each day or part of a day the offence continues.
Failure to comply with a direction	89. Where the Corporation fails to comply with a direction made under section 24, it is guilty of an offence punishable on summary conviction and liable to a fine of not more than $25,000 for each day or part of a day the offence continues.
Failure to provide services to humanitarian or emergency flight	90. (1) Where the Corporation contravenes section 74, it is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000 for each day or part of a day the offence continues.
Defence	(2) In a prosecution for a contravention of section 74, it is a defence for the Corporation to establish that, in attempting to comply with that section, it was obstructed or hindered from doing so by its employees or a trade union representing its employees.
Refusal to work	91. Any emergency flight support employee who, during a work stoppage, refuses to perform any duties required to be performed by that employee under an emergency support agreement is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 for each day or part of a day the employee refuses to perform those duties.
Hindering Corporation	92. (1) Any officer or representative of the Corporation, any employee of the Corporation, any trade union that represents employees of the Corporation and any officer, representative or employee of such a trade union who obstructs or hinders the provision of civil air navigation services to a humanitarian or emergency flight by the Corporation, is guilty of an offence punishable on summary conviction and liable to a fine in accordance with subsection (3) for each day or part of a day the offence continues.
Hindering Minister of National Defence	(2) Where the Corporation or any officer or representative of the Corporation, any employee of the Corporation, any trade union that represents employees of the Corporation or any officer, representative or employee of such a trade union obstructs or hinders a person acting under the authority of the Minister of National Defence from having access to facilities of the Corporation to which the person normally has access for the purposes of the person's normal duties, the Corporation or that person is guilty of an offence punishable on summary conviction and liable to a fine in accordance with subsection (3) for each day or part of a day the offence continues.