Bill C-66

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``provincial business'' « entreprise provinciale »	``provincial business'' means a work, under taking or business, or any part of a work, un dertaking or business, the labour relations of which are subject to the laws of a prov ince;
	(3) The portion of subsection 44(2) of the Act before paragraph (a) is replaced by the following:
Sale of business	(2) Where an employer sells a business,
	(4) Section 44 of the Act is amended by adding the following after subsection (2):
Change of activity or sale of a provincial business	(3) Where, as a result of a change of activity, a provincial business becomes subject to this Part, or such a business is sold to an employer who is subject to this Part,
	(a) the trade union that, pursuant to the laws of the province, is the bargaining agent for the employees employed in the provincial business continues to be their bargaining agent for the purposes of this Part;
	(b) a collective agreement that applied to employees employed in the provincial business at the time of the change or sale continues to apply to them and is binding on the employer or on the person to whom the business is sold;
	(c) any proceeding that at the time of the change or sale was before the labour relations board or other person or authority that, under the laws of the province, is competent to decide the matter, continues as a proceeding under this Part, with such modifications as the circumstances require and, where applicable, with the person to whom the provincial business is sold as a party; and
	(d) any grievance that at the time of the change or sale was before an arbitrator or arbitration board continues to be processed under this Part, with such modifications as the circumstances require and, where appli cable, with the person to whom the provin cial business is sold as a party.
	22. Sections 45 and 46 of the Act are replaced by the following:
Review of bargaining units	45. In the case of a sale or change of activity referred to in section 44, the Board may, on application by the employer or any trade union affected, determine whether the employees affected constitute one or more units appropri ate for collective bargaining.
Board to determine questions	46. The Board shall determine any question that arises under section 44, including a question as to whether or not a business has been sold or there has been a change of activity of a business, or as to the identity of the purchaser of a business.
1996, c. 18, s. 9	23. The portion of section 47.1 of the French version of the Act before paragraph (a) is replaced by the following:
Cas où un avis de négociation collective avait été donné	47.1 Si, avant la radiation ou la séparation visées au paragraphe 47(1), un avis de négoci ation collective avait été donné à l'égard d'une convention collective ou d'une sen tence arbitrale liant les employés d'une per sonne morale ou d'une entreprise qui, im médiatement avant la radiation ou la sépara tion, faisait partie de l'administration publi que fédérale :
1996, c. 18, s. 9	24. Section 47.3 of the Act is replaced by the following:
	Successive Contracts for Services
Definition of ``previous contractor''	47.3 (1) In this section, ``previous contrac tor'' means an employer who, under the terms of a contract or other arrangement that is no longer in force, provided services to another employer, or to a person acting on behalf of that other employer, in
	(a) an industry referred to in paragraph (e) of the definition ``federal work, undertak ing or business'' in section 2; or
	(b) any other industry that may be desig nated by regulation of the Governor in Council on the recommendation of the Minister.
Equal remuneration	(2) An employer who succeeds a previous contractor as the provider of services, in accordance with a contract or other arrange ment, must pay to the employees providing the services under that contract or arrange ment remuneration not less than that which the employees of the previous contractor who provided the same or substantially similar services were entitled to receive under the terms of a collective agreement to which this Part applied.
	25. Subsection 49(1) of the Act is replaced by the following:
Notice to bargain to renew or revise a collective agreement or enter a new collective agreement	49. (1) Either party to a collective agree ment may, within the period of four months immediately preceding the date of expiration of the term of the collective agreement, or within the longer period that may be provided for in the collective agreement, by notice, require the other party to the collective agreement to commence collective bargain ing for the purpose of renewing or revising the collective agreement or entering into a new collective agreement.
	26. The portion of subsection 53(2) of the Act before paragraph (a) is replaced by the following:
Order respecting technological change	(2) On receipt of an application for an order determining the matters alleged under subsec tion (1) and after affording an opportunity for the parties to make representations, the Board may, by order,
	27. (1) Paragraph 60(1)(a) of the Act is replaced by the following:
	(a) the powers conferred on the Board by paragraphs 16(a), (b), (c) and (f.1);
	(a.1) the power to interpret, apply and give relief in accordance with a statute relating to employment matters, whether or not there is conflict between the statute and the collective agreement;
	(a.2) the power to make the interim orders that the arbitrator or arbitration board considers appropriate;
	(a.3) the power to consider submissions provided in the form that the arbitrator or the arbitration board considers appropriate or to which the parties agree;
	(a.4) the power to expedite proceedings and to prevent abuse of the arbitration process by making the orders or giving the direc tions that the arbitrator or arbitration board considers appropriate for those purposes; and
	(2) Section 60 of the Act is amended by adding the following after subsection (1):
Power to extend time	(1.1) The arbitrator or arbitration board may extend the time for taking any step in the grievance process or arbitration procedure set out in a collective agreement, even after the expiration of the time, if the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the other party would not be unduly preju diced by the extension.
Power to mediate	(1.2) At any stage of a proceeding before an arbitrator or arbitration board, the arbitrator or arbitration board may, if the parties agree, assist the parties in resolving the difference at issue without prejudice to the power of the arbitrator or arbitration board to continue the arbitration with respect to the issues that have not been resolved.
	28. Subsection 65(1) of the Act is replaced by the following:
Questions may be referred to Board	65. (1) Where any question arises in connection with a matter that has been referred to an arbitrator or arbitration board, relating to the existence of a collective agreement or the identification of the parties or employees bound by a collective agree ment, the arbitrator or arbitration board, the Minister or any alleged party may refer the question to the Board for determination.
	29. Section 67 of the Act is amended by adding the following after subsection (5):
Powers of arbitrator when conditions of paragraphs 89(1)(a) to (d) have been met	(6) Where a disagreement concerning the dismissal or discipline of an employee in the bargaining unit arises during the period that begins on the date on which the requirements of paragraphs 89(1)(a) to (d) are met and ends on the date on which a new or revised collective agreement is entered into, the bargaining agent may submit the disagree ment for final settlement in accordance with the provisions for the settlement of differences contained in the previous collective agree ment. The relevant provisions in the collective agreement and sections 57 to 66 apply, with such modifications as the circumstances re quire, to the settlement of the disagreement.
	30. Section 71 and the headings before it are replaced by the following:
	DIVISION V
	CONCILIATION AND FIRST AGREEMENTS
	Federal Mediation and Conciliation Service
Federal Mediation and Conciliation Service	70.1 (1) The Federal Mediation and Concil iation Service, the employees of which are employees of the Department of Human Resources Development, advises the Minister of Labour with respect to industrial relations matters and is responsible for fostering har monious relations between trade unions and employers by assisting them in the negotiation of collective agreements and their renewal and the management of the relations resulting from the implementation of the agreements.
Head	(2) The head of the Federal Mediation and Conciliation Service reports to the Minister in respect of responsibilities relating to the resolution of disputes.
	Conciliation Procedures
Notice of dispute	71. (1) Where a notice to commence collective bargaining has been given under this Part, either party may inform the Minister, by sending a notice of dispute, of their failure to enter into, renew or revise a collective agreement where
	(a) collective bargaining has not com menced within the time fixed by this Part; or
	(b) the parties have bargained collectively for the purpose of entering into or revising a collective agreement but have been unable to reach agreement.
Copy to other party	(2) The party who sends a notice of dispute under subsection (1) must immediately send a copy of it to the other party.
	31. Section 72 of the Act is amended by adding the following after subsection (2):
Limitation	(3) The Minister may only take one action referred to in this section with respect to any particular dispute involving a bargaining unit.
	32. Paragraph 73(2)(b) of the Act is replaced by the following:
	(b) within fourteen days after the date of the appointment or within the longer period that may be agreed to by the parties or allowed by the Minister, report to the Minister as to whether or not the officer has succeeded in assisting the parties in enter ing into or revising a collective agreement.
	33. Sections 74 to 79 of the Act are replaced by the following:
Delivery of notice	74. (1) Where a conciliation commissioner has been appointed or a conciliation board has been established, the Minister must immedi ately deliver to the conciliation commissioner or the members of the conciliation board a copy of the notice of dispute sent under section 71 and may, until their report has been submitted, refer other questions to them.
Duties of conciliation commissioner or conciliation board	(2) Where a conciliation commissioner has been appointed or a conciliation board has been established under subsection 72(1), the conciliation commissioner or conciliation board shall
	(a) immediately endeavour to assist the parties to the dispute in entering into or revising a collective agreement; and
	(b) within fourteen days after the date of appointment or establishment, or within the longer period that may be agreed to by the parties or allowed by the Minister, report to the Minister as to the commissioner's or board's success or failure in assisting the parties to the dispute and as to their findings and recommendations.
Report of the Board	(3) The report of the majority of the members of a conciliation board is the report of the conciliation board, except where each member of the conciliation board makes a report, in which case the report made by the person appointed by the Minister as a member and chairperson of the conciliation board is the report of the conciliation board.
Time limits	75. (1) Except with the consent of the parties, the Minister may not extend the time for a conciliation officer to report, or for a conciliation commissioner or conciliation board to submit a report, beyond sixty days after the date of appointment or establish ment.
Deemed reporting	(2) The conciliation officer is deemed to have reported sixty days after the date on which that officer was appointed or at the end of the extended time limit to which the parties consent, unless she or he actually reports earlier.
Deemed receipt of report	(3) The Minister is deemed to have received the report of the conciliation commissioner or conciliation board sixty days after the date on which the conciliation commissioner was appointed or the board was established or at the end of the extended time limit to which the parties consent, unless the Minister actually receives the report earlier.
Reconside- ration of report	76. After a conciliation commissioner or conciliation board has submitted their report, the Minister may direct the conciliation commissioner or conciliation board to recon sider the report and clarify or amplify any part of it.
Release of report	77. After receiving the report of a concilia tion commissioner or conciliation board, the Minister
	(a) immediately releases a copy of the report to the parties to the dispute; and
	(b) may make the report available to the public in a manner that the Minister consid ers advisable.
Report binding by agreement	78. Where a conciliation commissioner or conciliation board has been appointed or established in respect of a dispute, the parties, at any time before the report of the concilia tion commissioner or conciliation board is made, may agree in writing to be bound by the recommendations of the conciliation commis sioner or conciliation board and, on their making, shall give effect to those recommen dations.
Agreement	79. (1) Despite any other provision of this Part, an employer and a bargaining agent may agree in writing, as part of a collective agreement or otherwise, to refer any matter respecting the renewal or revision of a collec tive agreement or the entering into of a new collective agreement to a person or body for final and binding determination.
Effect of agreement	(2) The agreement suspends the right to strike or lockout and constitutes an undertak ing to implement the determination.
	34. Subsection 80(4) of the Act is replaced by the following:
Duration of agreement	(4) Where the terms and conditions of a first collective agreement are settled by the Board under this section, the agreement is effective for a period of two years after the date on which the Board settles the terms and condi tions of the collective agreement.
	35. Subsection 82(1) of the English ver sion of the Act is replaced by the following:
Nomination by parties	82. (1) Where the Minister has, pursuant to section 72, decided to establish a conciliation board, the Minister shall immediately, by notice in writing, require each of the parties to the dispute to nominate, within seven days after receipt by the party of the notice, one person to be a member of the conciliation board and, on receipt of the nomination within those seven days, the Minister shall appoint the nominee to be a member of the concilia tion board.
	36. Paragraphs 86(a) and (b) of the Act are replaced by the following:
	(a) to question the appointment of, or refusal to appoint, a conciliation officer or conciliation commissioner, or the establish ment of, or the refusal to establish, a conciliation board; or
	(b) to review, prohibit or restrain any proceeding of a conciliation officer, concil iation commissioner or conciliation board.
	37. The Act is amended by adding the following after section 87:

Bill C-66

DIVISION V

CONCILIATION AND FIRST AGREEMENTS