Second

Session, 50th General Assembly

Charles III, 2022

BILL 19

AN ACT TO AMEND THE

FISHING INDUSTRY COLLECTIVE BARGAINING ACT

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE BERNARD DAVIS

Minister Responsible for Labour

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Fishing Industry Collective Bargaining Act

modify the membership of the

Standing Fish Price-Setting Panel;

require the prescribed

certified bargaining agent to pay the remuneration and expenses of the members

of the Standing Fish Price-Setting Panel who represent the prescribed certified

bargaining agent;

require the prescribed

processors' organization to pay the remuneration and expenses of the members of

the Standing Fish Price-Setting Panel who represent the prescribed processors'

organization;

allow the chairperson to make

binding decisions without the other members of the Standing Fish Price-Setting

Panel where requested by both the prescribed certified bargaining agent and the

prescribed processors' organization;

allow the Standing Fish

Price-Setting Panel to reconsider its decision where the criteria for

reconsideration prescribed in the regulations are met;

require that a statutory review

of sections 19.1 to 19.16 of the Act be conducted every 5 years; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE FISHING INDUSTRY

COLLECTIVE BARGAINING ACT

Analysis

S.2 Amdt.

Definitions

S.6 Amdt.

Unfair practices

S.9 Amdt.

Membership in association

S.13.6 Amdt.

Binding effect

S.19.1 R&S

Appointment

of panel

6. Ss.19.12 to 19.15 R&S

19.12 Chairperson hearing

19.13 No cessation or lock

out

19.14 Facilitator not compel-

lable

19.15 Panel may reconsider decision

19.16 Sections apply

19.17 Review

S.22.1 Amdt.

Single arbitrator

S.30 Amdt.

Fisher not liable for loss

S.32 Amdt.

Personal grievance

S.42 Amdt.

Prosecution

S.44 Amdt.

Proceedings under this Act

Transitional

RSNL1990 cP-43 Amdt.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-18

as amended

1. (1) Paragraph 2(1)(

l) of the Fishing Industry Collective Bargaining Act

is amended by deleting the words "his or her" and substituting the

words "the person's".

(2) Subsection 2(2) of the Act is amended by

(

a) deleting the words "his or her"; and

(

b) deleting the words "he or she" and

substituting the words "that fisher".

2. Paragraph 6(2)(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

fisher's".

3. Subsection 9(3) of the Act is amended by

deleting the words "he or she" and substituting the words "the

fisher".

4. Subsection 13.6(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

processor".

Section 19.1 of the Act is repealed and the

following substituted:

Appointment of

panel

19.1

(1) The

Standing Fish Price-Setting Panel is continued and shall consist of 3 members

appointed as follows:

(

a) a chairperson appointed by the

Lieutenant-Governor in Council on the recommendation of the minister in

accordance with subsection (2);

(

b) one member representing the certified

bargaining agent appointed by the Lieutenant-Governor in Council on the

recommendation of the certified bargaining agent; and

(

c) one member representing the processors'

organization appointed by the Lieutenant-Governor in Council on the

recommendation of the processors' organization.

(2) For the purposes of paragraph (1)(a), the

minister shall provide a list of qualified candidates for chairperson to both the

certified bargaining agent and the processors' organization who shall rank the

candidates in accordance with a process established by the minister and submit

the rankings to the minister.

(3) A member of the panel shall serve for a period

of up to 3 years and is eligible to be reappointed.

(4) Alternate members of the panel shall be

appointed as follows:

(a) 2 alternate chairpersons appointed by the

Lieutenant-Governor in Council on the recommendation of the minister in

accordance with subsection (2), each of whom may act in place of the

chairperson when the chairperson is not available;

(

b) one alternate member representing the

certified bargaining agent appointed by the Lieutenant-Governor in Council on

the recommendation of the certified bargaining agent who shall act in place of

the member appointed under paragraph (1)(

b) when that member is not available;

and

(

c) one alternate member representing the

processors' organization appointed by the Lieutenant-Governor in Council on the

recommendation of the processors' organization who shall act in place of the

member appointed under paragraph (1)(

c) when that member is not available.

(5) The alternate members appointed under

subsection (4) shall

(

a) serve for a period of up to 3 years and are

eligible to be reappointed; and

(

b) be considered to be members of the panel only

while serving on the panel.

(6) The members of the panel shall be paid

remuneration and expenses related to the carrying out of their duties at a rate

set by the Lieutenant-Governor in Council.

(7) The remuneration and expenses referred to in

subsection (6) shall be paid as follows:

(

a) the remuneration and expenses of the

chairperson and the alternate chairpersons shall be paid from money

appropriated by the legislature for that purpose;

(

b) the remuneration and expenses of a member appointed

under paragraph (1)(b), (4)(

b) and (9)(

b) shall be paid by the certified

bargaining agent; and

(

c) the remuneration and expenses of a member

appointed under paragraph (1)(c), (4)(

c) and (9)(

c) shall be paid by the

processors' organization.

(8) Where a member of the panel resigns or due to

absence, incapacity or other cause, is unable to carry out the duties as a

member, a person shall be appointed in the member's place in accordance with subsection

(9) who shall serve for the remainder of the term of the member being replaced.

(9) For the purposes of subsection (8), where the

member is

(

a) the chairperson, the Lieutenant-Governor in

Council shall appoint a person in the member's place in accordance with

subsection (2);

(

b) the member representing the certified

bargaining agent, the Lieutenant-Governor in Council on the recommendation of

the certified bargaining agent shall appoint a person in the member's place;

and

(

c) the member representing the processors'

organization, the Lieutenant-Governor in Council on the recommendation of the processors'

organization shall appoint a person in the member's place.

(10) Where the term of a member or alternate member

expires, the member or alternate member continues to be a member or alternate

member until reappointed or replaced.

(11) In this section,

(a) "certified bargaining agent" means

the certified bargaining agent prescribed in the regulations; and

(b) "processors' organization" means the

processors' organization prescribed in the regulations.

(12) The minister may make regulations

(

a) prescribing the certified bargaining agent for

the purposes of paragraph (11)(a); and

(

b) prescribing the processors' organization for

the purposes of paragraph (11)(b).

6. The Act is amended by repealing sections 19.12

to 19.15 and substituting the following:

Chairperson

hearing

19.12 Notwithstanding

sections 19.9, 19.10 and 19.11, at the request of both parties, the chairperson

may, without the members of the panel referred to in paragraphs 19.1(1)(

b) and

(c), hear and consider the parties' positions on price and conditions of sale

and make a decision with respect to the matters in dispute between the parties

relating to price and conditions of sale.

No cessation or

lockout

19.13

(1) A fisher shall not engage in a cessation of business dealings

and a bargaining agent representing the fisher shall not take a vote as to

cessation of business dealings between fishers and processors or authorize or

participate in taking a vote or declare or authorize a cessation by that

fisher.

(2) A processor or a

processors' organization shall not lock out a fisher.

Facilitator not

compellable

19.14 Except with the consent of the minister, and

notwithstanding a law to the contrary, a person appointed by the panel as a

facilitator shall not be required to give evidence before a court, board or

other body or provide information that the person has received in the course of

carrying out the person's duties.

Panel may

reconsider decision

19.15

(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) Notwithstanding

subsection (1), a processor that does not produce the majority percentage of a

fish species or a processors' organization that represents processors that do

not produce the majority percentage of a fish species may apply to the panel to

reconsider a decision respecting price and conditions of sale where either or

both of the following apply:

(

a) the processor or

processors' organization has engaged in collective bargaining with the

certified bargaining agent; or

(

b) the processor or

processors' organization has appeared before the panel at the original hearing

under subsection 19.9(2).

(3) On an application

under subsection (1) or (2), 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.

(4) Notwithstanding

subsection (3), the panel shall only reconsider its decision where the criteria

for reconsideration prescribed in the regulations have been met.

(5) The minister may make regulations

(

a) respecting the criteria which the panel shall

consider in determining whether to accept a reconsideration request;

(

b) respecting the

method that the panel shall apply in making a decision under subsection (3);

(

c) restricting the

number of applications under subsection (1) or (2) 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.

Sections apply

19.16. Wh ere there is a conflict between the other provisions of

this Act and sections 19.01 to 19.15, sections 19.01 to 19.15 apply.

Review

19.17 The

minister shall, every 5 years, conduct a review of sections 19.1 to 19.16.

7. Subsection 22.1(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

arbitrator's".

Section 30 of the Act is amended by deleting

the words "himself or herself" and substituting the words "the

fisher".

Section 32 of the Act is amended by deleting

the words "his or her" and substituting the words "the

fisher's".

10. Subsection 42(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the officer's

or agent's".

11. Paragraph 44(

a) of the Act is amended by

deleting the words "himself or herself".

Transitional

12. Notwithstanding subsections 19.1(1) and (4), a

person who is a member of the panel at the time of the coming into force of

this Act shall continue be a member of the panel until reappointed or replaced.

RSNL1990 cP-43

Amdt.

Schedule C of the Public Service Commission Act is amended by deleting the statutory

appointment reference " Fishing Industry

Collective Bargaining Act ,

section

19.1".

King's Printer