Third

Session, 46th General Assembly

Elizabeth II, 2010

BILL 45

AN ACT TO AMEND THE

FISHING INDUSTRY

COLLECTIVE BARGAINING ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE JOAN BURKE

Minister of Human Resources, Labour and Employment

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Fishing Industry Collective Bargaining Act .

It would

require the minister

responsible for fisheries and aquaculture to set the date by which the price and

conditions of sale for a fish species shall be set in a year;

require that, where a matter is

referred to the panel, a party wishing to make a submission must have submitted

an offer to the other party not less than 48 hours before the scheduled

commencement of a hearing; and

authorize the minister to make

regulations respecting reconsideration by the panel, including regulations

prescribing the criteria the panel shall consider in assessing whether the

fishery to which its decision applies is in jeopardy, the method to be employed

by the panel in reconsidering its decision, and the number of reconsideration

applications which may be made to the panel in a year.

A BILL

AN ACT TO AMEND THE FISHING INDUSTRY

COLLECTIVE BARGAINING ACT

Analysis

S.19.01 Added

Minister to set date

S.19.9 Amdt.

Panel to establish agreement

3. S.19.11 Amdt.

Settlement of dispute by panel

S.19.14 R&S

Panel may reconsider a decision

S.19.15 R&S

Sections apply

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-18

as amended

1. The Fishing

Industry Collective Bargaining Act is amended by adding immediately after

section 19 the following:

Minister to set

date

19.01

(1) The minister responsible for fisheries and aquaculture shall

set the date by which the price and conditions of sale for a fish species shall

be set in a year.

(2) Notwithstanding subsection (1), the minister

may, upon the joint request of the parties to collective bargaining, vary the

date set under that subsection.

(1) Section 19.9 of the Act is amended by

adding immediately after subsection (2) the following:

(2.1) Notwithstanding

subsection (2), a party who has engaged in collective bargaining may not make a

submission under that subsection unless that party has submitted an offer respecting

price and conditions of sale to the other party not less than 48 hours before

the scheduled commencement of the hearing referred to in subsection (2).

(2) Subsection 19.9(3) of the Act is repealed

and the following substituted:

(3) Immediately after the conclusion of the

hearing referred to in subsection (2), but in any event not later than 3 days

before the date set by the minister

responsible for fisheries and aquaculture under

section 19.01, the panel shall

decide on the matters in dispute between the parties relating to price and

conditions of sale for the fish species and the decision of the panel is final

and binding on the parties and on all other processors in the province that

process that species of fish to which the panel's decision relates and

constitutes a collective agreement or part of a collective agreement between

them.

3. Subsection 19.11(2) of the Act is repealed and

the following substituted:

(2) The panel shall notify the parties of its

decision not later than 3 days before the date set by the minister responsible

for fisheries and aquaculture under

section 19.01 and the decision of the panel

is final and binding on the parties and on all other processors in the province

that process that species of fish to which the panel's decision relates and

constitutes a collective agreement or part of a collective agreement between

them.

Section 19.14 of the Act is repealed and the

following substituted:

Panel may reconsider

decision

19.14

(1) A

certified bargaining agent, an accredited processors' organization or a

processors' organization that represents processors that produce the majority

percentage of a fish species may apply to the panel to reconsider a decision

respecting price and conditions of sale.

(2) On an application under subsection (1), the

panel may reconsider its decision and may confirm or vary the decision taking

into consideration the criteria it may establish and in accordance with the regulations.

(3) Notwithstanding subsection (2), the panel

shall only reconsider its decision

(

a) where it believes the

failure to do so would jeopardize the conduct of the fishery to which its

decision applies; and

(

b) where the criteria

for reconsideration prescribed in regulations made under paragraph (4)(

a) have

been met.

(4) The minister may make regulations

(

a) respecting the

criteria which the panel shall consider in determining whether the conduct of

the fishery to which its decision applies is in jeopardy under subsection (3);

(

b) respecting the method

that the panel shall apply in making a decision under subsection (2);

(

c) restricting the

number of applications under subsection (1) that a party may make respecting a

fish species in a year; and

(

d) generally , respecting

the powers and duties of the panel in reconsidering a decision under this

section.

Section 19.15 of the Act is repealed and the

following substituted:

Sections apply

19.15 Where

there is a conflict between the other provisions of this Act and sections 19.01

to 19.14, sections 19.01 to 19.14 apply.

Earl G. Tucker, Queen's Printer