Bill C-9

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	PART 5
	HUMAN RESOURCES
	Seaway
Successor rights	130. On the coming into force of an agreement entered into under subsection 80(5), sections 44 to 46 of the Canada Labour Code apply as if
	(a) a sale of a business had taken place between the St. Lawrence Seaway Authority and the person who has entered into the agreement; and
	(b) the employees designated under section 131 for the property or undertaking that is the subject of the agreement were employees of the business.
Designation of employees	131. The Minister may designate any employee who performs duties or functions in respect of properties or undertakings that are the subject of an agreement entered into under subsection 80(5) as a designated employee for that property or undertaking.
	Local Port Corporations
Successor rights	132. On the continuance of a local port corporation under section 12 as a port authority, sections 44 to 46 of the Canada Labour Code apply as if
	(a) a sale of a business had taken place between the local port corporation and the port authority; and
	(b) the employees of the local port corporation were employees of the business.
	Harbour Commissions
Successor rights	133. Where, under section 10, letters patent of continuance as a port authority are issued to a harbour commission established under the Harbour Commissions Act, The Hamilton Harbour Commissioners Act or The Toronto Harbour Commissioners' Act, 1911, sections 44 to 46 of the Canada Labour Code apply as if
	(a) a sale of a business had taken place between the harbour commission and the port authority; and
	(b) the employees of the harbour commission were employees of the business.
	Non-corporate Ports of Canada Ports Corporation
Designation by Minister	134. For the purposes of sections 135 to 137, the Minister may designate any employee of the Canada Ports Corporation who performs duties or functions in respect of a non-corporate port, within the meaning of the Canada Ports Corporation Act, as a designated employee for that port.
Successor rights	135. (1) Where, under section 12, letters patent as a port authority are issued to a non-corporate port, sections 44 to 46 of the Canada Labour Code apply as if
	(a) a sale of a business had taken place between the Canada Ports Corporation and the port authority; and
	(b) the employees designated under section 134 for that non-corporate port were employees of the business.
Successor rights	(2) Notwithstanding any provision of the Canada Labour Code to the contrary, that Act applies after the date of the repeal of the Canada Ports Corporation Act in respect of the employment of the employees designated under section 134 in respect of non-corporate ports, other than non-corporate ports that are continued as port authorities under section 12, and, for those purposes, sections 44 to 46 and 189 of the Canada Labour Code apply as if a sale of a business had taken place between the Canada Ports Corporation and the Minister on behalf of Her Majesty.
Deemed continuous	(3) The employment of the designated employees is deemed to be continuous.
Minister's powers	136. (1) The Minister may, on behalf of Her Majesty, appoint any employees that the Minister considers appropriate for the operation of a non-corporate port, other than a non-corporate port continued as a port authority under section 12, and may, subject to any collective agreement in force, determine the terms and conditions of employment and remuneration, assign duties and functions and terminate employment in respect of those employees and of the employees whose employment is continued under subsection 135(2).
Government Employees Compensa- tion Act	(2) For the purposes of the Government Employees Compensation Act, the employees referred to in subsection (1) are deemed to be employees of the public service of Canada.
Delegation	137. The Minister may delegate the powers and responsibilities of Her Majesty as employer under Part I of the Canada Labour Code to any person the Minister considers appropriate.
Public Service Staff Relations Act	138. For greater certainty, the Public Service Staff Relations Act does not apply to designated employees of a non-corporate port that is continued as a port authority under section 12, or to employees appointed under subsection 136(1), after the date of the repeal of the Canada Ports Corporation Act.
	Comparable Employee Benefits
Public Service Superannua- tion Act	138.1 For the purposes of section 40.1 of the Public Service Superannuation Act, the continuance or incorporation of a local port corporation or a non-corporate port as a port authority under section 12 is deemed to be a transfer or divestiture, by Her Majesty in right of Canada, of the administration of a service to a person.
Pension transfer agreement	138.2 A person who has entered into an agreement under subsection 80(5) and every port authority shall take all reasonable steps to negotiate with the President of the Treasury Board a pension transfer agreement in accordance with section 40.2 of the Public Service Superannuation Act in respect of employees referred to in paragraph 130(b), 132(b) or 135(1)(b), as the case may be.
Employee benefits	138.3 For the purposes of sections 138.4 to 138.6, ``employee benefits'' includes coverage and benefits in respect of employer-sponsored pension plans and of life, income protection, health care and dental care insurance plans.
Seaway	138.4 A person who has entered into an agreement under subsection 80(5) shall, in respect of an employee referred to in paragraph 130(b), provide employee benefits that
	(a) begin on the day of the transfer under paragraph 80(6)(f) or, if there is transitional coverage provided in respect of the person under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;
	(b) are comparable to the employee benefits of the employee immediately before the transfer under paragraph 80(6)(f) and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before that transfer; and
	(c) end on the day on which an agreement to the contrary comes into force between the person and the bargaining agent representing the employee or, in the case of an unrepresented employee, the person and the employee.
Local port corporations	138.5 A port authority shall, in respect of an employee referred to in paragraph 132(b), provide employee benefits that
	(a) begin on the day on which the port authority is continued under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;
	(b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the local port corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the local port corporation; and
	(c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee.
Non- corporate ports	138.6 A port authority shall, in respect of an employee referred to in paragraph 135(1)(b), provide employee benefits that
	(a) begin on the day on which the port authority is deemed to be incorporated under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;
	(b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the Canada Ports Corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the Canada Ports Corporation; and
	(c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee.
	PART 6
	MISCELLANEOUS
Dissolution of Canada Ports Corporation2	139. (1) On the repeal of the Canada Ports Corporation Act, the Canada Ports Corporation is dissolved and all its assets and obligations devolve to the Crown under the administration of the Minister.
Consequen- ces for former directors	(2) The directors of the Canada Ports Corporation cease to hold office on the coming into force of section 197 and have no right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent of Her Majesty for ceasing to hold office by virtue of this section.
Consequen- ces for officers	(3) Neither the Canada Ports Corporation nor Her Majesty in right of Canada is bound by any severance agreement entered into between the Corporation and any of its officers after December 1, 1995.
Agreements - Marine Atlantic Inc.	140. (1) The Minister may enter into agreements with any person, including the government of a province, in respect of
	(a) ensuring the continuation of services in fulfilment of Canada's constitutional obligations;
	(b) ensuring the continuation of services similar to those provided by Marine Atlantic Inc. before the transfer, sale or disposal, on the terms and conditions that the Minister considers appropriate, including by making financial contributions or grants or any other financial assistance; and
	(c) the assets of Marine Atlantic Inc. that are transferred, sold or otherwise disposed of under subsection (2).
Disposition of assets	(2) Marine Atlantic Inc. is authorized to transfer, sell or otherwise dispose of all or substantially all of its assets used in any major business or activity of the corporation, including the shares of a subsidiary.
Regula- tions - The Jacques- Cartier and Champlain Bridges Inc.	141. The Governor in Council may, by regulation, provide that any provision of the St. Lawrence Seaway Authority Act and the regulations made under that Act, including provisions imposing punishment, apply to The Jacques-Cartier and Champlain Bridges Inc., with any modifications that the Governor in Council considers appropriate.
Regula- tions - The Seaway International Bridge Corporation, Ltd.	142. The Governor in Council may, by regulation, provide that any provision of the St. Lawrence Seaway Authority Act and the regulations made under that Act, including provisions imposing punishment, apply to The Seaway International Bridge Corporation, Ltd., with any modifications that the Governor in Council considers appropriate.
Ridley Terminals Inc.	143. The Minister is the appropriate minister for Ridley Terminals Inc. for the purposes of the Financial Administration Act.
Review of Act	144. A review of the provisions and operation of this Act shall be completed by the Minister during the fifth year after this Act is assented to. The Minister shall cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is completed.
	PART 7
R.S., c. P-14; R.S., c. 31 (1st Supp.), c. 1 (2nd Supp.), c. 28 (3rd Supp.), c. 1 (4th Supp.); 1996, c. 10	AMENDMENTS TO THE PILOTAGE ACT
R.S., c. 1 (4th Supp.), s. 44 (Sch. II, item 19 (A))	*145. (1) Subsection 3(2) of the Pilotage Act* is replaced by the following:**
Appointment of Chairman of Authority	(2) On the recommendation of the Minister and after consultation with members of the Authority and with the users of its services, the Governor in Council may appoint the Chairman of an Authority to hold office during pleasure for the term that the Governor in Council considers appropriate.
	(2) Section 3 of the Act is amended by adding the following after subsection (3):
Full- or part- time	(3.1) The Chairman and the Vice-Chairman may be appointed to serve full-time or part-time.
	146. Sections 5 to 8 of the Act are replaced by the following:
Great Lakes Pilotage Authority, Ltd.	5. The name ``Great Lakes Pilotage Authority, Ltd.'' is changed to ``Great Lakes Pilotage Authority'' and the Authority is deemed to have been established under subsection 3(1).
	146.1 Section 11 of the Act is replaced by the following:
Reappoint- ment	11. On the expiration of the term of office of a member of an Authority, the member is eligible for reappointment in the same or another capacity.
	147. Subsection 13(1) of the Act is replaced by the following:
Chairman	13. (1) Where the Chairman of an Authority serves full-time, the Chairman has the direction and control of the business of the Authority and may exercise such powers as may be conferred on the Chairman by by-law of the Authority.
Part-time	(1.1) Where the Chairman of an Authority serves part-time, the board appoints a chief executive officer who has the direction and control of the business of the Authority and who may exercise such powers as may be conferred on the chief executive officer by by-law of the Authority.
	148. The Act is amended by adding the following after section 15:
Renewal of contract	15.1 (1) Where a contract for services referred to in subsection 15(2) does not provide a mechanism for the resolution of disputes in the contract renewal process, fifty days before the contract expires, the parties to the contract shall jointly choose a mediator and an arbitrator and shall refer to the mediator all issues related to the renewal of the contract that remain unresolved.
No agreement	(2) The Minister shall choose the mediator or arbitrator if the parties cannot agree on one or if the one they choose is unavailable.
Mediation	(3) The mediator has thirty days in which to bring the parties to agreement on the outstanding issues, at the end of which time the parties to the contract shall refer all of the remaining outstanding issues to the arbitrator.
Final offers	15.2 (1) The parties to the contract shall each submit a final offer in respect of the outstanding issues to each other and to the arbitrator within five days after the date on which those issues are referred to the arbitrator.
Decision of arbitrator	(2) Within fifteen days, the arbitrator shall choose one or other of the final offers in its entirety.
Effect of decision	(3) The final offer chosen by the arbitrator is final and binding and becomes part of the new contract for services that is effective on the day after the former contract expires.
Sharing of costs	(4) The parties to the contract shall share equally the cost of the fees of the mediator or arbitrator.
Continuation of services	15.3 A body corporate with which an Authority has contracted for services under subsection 15(2) and the members and shareholders of the body corporate are prohibited from refusing to provide pilotage services while a contract for services is in effect or being negotiated.
	149. Subsection 33(3) of the Act is replaced by the following:
Require- ments to be met by tariffs	(3) The tariffs of pilotage charges prescribed by an Authority under subsection (1) shall be fixed at a level that permits the Authority to operate on a self-sustaining financial basis and shall be fair and reasonable.
R.S., c. 28 (3rd Supp.), s. 359 (Sch., s. 9)	150. Subsection 34(1) of the Act is replaced by the following:
Publication	34. (1) An Authority shall publish in the Canada Gazette a copy of each tariff of pilotage charges that it proposes to prescribe pursuant to section 33, and no tariff shall come into force before the expiration of thirty days after that publication.
R.S., c. 28 (3rd Supp.), s. 359 (Sch., s. 9)	151. Section 35 of the Act is replaced by the following: