Second

Session, 50th General Assembly

Charles III, 2024

BILL 104

AN ACT TO AMEND THE

FISHING INDUSTRY COLLECTIVE BARGAINING ACT NO. 2

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE LISA

DEMPSTER

Minister of 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 to

allow fishers and processors to

engage in a cessation of business dealings and lock out;

modify the process for

referring matters to the Standing Fish Price-Setting Panel;

provide that Parts V and VI of

the Labour Relations Act , except

section 120, apply to matters within

the scope of the Act; and

replace references to

"Trial Division" to the correct reference "Supreme Court".

A BILL

AN ACT TO AMEND THE FISHING INDUSTRY

COLLECTIVE BARGAINING ACT NO. 2

Analysis

S.2 Amdt.

Definitions

S.15.1 Rep.

Notice to panel

3. S.16 Amdt.

Time limit to begin bargaining

4. S.17 Amdt.

Parties not to delay bargaining

S.19.01 Rep.

Minister to set date

S.19.2 R&S

Duties of the panel

S.19.8 Rep.

Time limit for agreement

S.19.9 R&S

Panel to establish agreement

S.19.10 Rep.

Where no collective bargaining occurs

S.19.11 Rep.

Settlement of dispute by panel

S.19.13 R&S

No cessation or lockout

S.20 Rep.

Conciliation officers

S.22.1 R&S

Single arbitrator

S.22.2 Amdt.

Enforcement of arbitration award

S.32.1 Amdt.

Enforcement of board's order

S.33 Rep.

Labour Relations Act

S.39.1 Added

Prohibited acts

S.41.2 Added

Application of Labour Relations Act

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-18

as amended

1. Subsection 2(1) of the Fishing Industry

Collective Bargaining Act is amended by adding immediately after paragraph

(

f) the following:

(f.1) "conciliation board" means a

conciliation board appointed in accordance with

section 100 of the Labour

Relations Act ;

Section 15.1 of the Act is repealed.

3. Paragraph 16(

b) of the Act is repealed and the

following substituted:

(

b) the processor shall not, without consent by or

on behalf of the fishers affected, alter rates of pay for fish or alter other

terms or conditions respecting the purchase of fish then in force in respect to

fishers in the unit for which the bargaining agent is certified until the

earlier of

(

i) the conclusion of a

collective agreement that is binding on all the processors who process the

species of fish to which the agreement relates,

(ii) a conciliation officer has been appointed to attempt

to reach an agreement between the parties, 7 days have elapsed from the date on

which the report of the conciliation officer was received by the minister and a

conciliation board has not been appointed, or

(iii) a conciliation board has been appointed to attempt

to reach an agreement between the parties and 7 days have elapsed from the date

on which the report of the conciliation board was received by the minister.

4. Paragraph 17(

b) of the Act is repealed and the

following substituted:

(

b) where a renewal or revision of the agreement

or a new collective agreement has not been concluded before expiry of the term

of, or termination of, the agreement, the processor shall not, without the

consent of or on behalf of the fishers affected, alter rates of pay for fish or

alter other terms or conditions respecting the purchase of fish in effect

immediately prior to that expiry or termination provided for in the agreement,

until the earlier of

(

i) a renewal or

revision of the agreement or a new collective agreement has been concluded that

is binding on all the processors who process the species of fish to which the

agreement relates,

(ii) a conciliation officer has been appointed to attempt

to reach an agreement between the parties, 7 days have elapsed from the date on

which the report of the conciliation officer was received by the minister and a

conciliation board has not been appointed, or

(iii) a conciliation board has been appointed to

attempt to reach an agreement between the parties and 7 days have elapsed from

the date on which the report of the conciliation board was received by the

minister.

Section 19.01 of the Act is repealed.

Section 19.2 of the Act is repealed and the

following substituted:

Duties of the

panel

19 .2 The duties of the panel are

(

a) to facilitate access

by parties to collective bargaining to market information relating to the sale

of fish;

(

b) to set prices and

conditions of sale for a fish species where parties have engaged in collective

bargaining and have been unable to agree and have referred the matter to the

panel in accordance with subsection 19.9(1); and

(

c) to review and report

on matters related to the price and conditions of sale of a fish species that

may be referred to it by the minister responsible for fisheries and

aquaculture.

Section 19.8 of the Act is repealed.

Section 19.9 of the Act is repealed and the

following substituted:

Panel to

establish agreement

19 .9

(1) Notwithstanding any other provision of

this Act, the parties may jointly agree to refer all the matters in dispute

between them relating to price and conditions of sale for a fish species to the

panel for decision

(

a) where

a bargaining agent and a processor or processors' organization have failed to

conclude a collective agreement in relation to a fish species that is binding

on all processors in the province that process that fish species; and

(

b) provided

that the 7-day period referred to in paragraph 116(

a) of the Labour

Relations Act , as modified by this Act, has not expired.

(2) The panel shall hold a hearing in relation to the matters

referred to it under subsection (1) at which the bargaining agent and processor

or processors' organization shall make submissions.

(3) The

panel shall hear and consider the parties positions on the matters referred to

it under subsection (1) and shall, in accordance with the regulations, make a decision with respect to the matters in dispute

between the parties relating to price and condition of sale.

(4) The

panel shall notify the parties of its decision not

later than 3 days before the opening date of the fishing season as set by the

Department of Fisheries and Oceans (Canada) for the fish species to which the

panel's decision relates.

(5) 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 .

(6) The minister may make regulations

(

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

(

b) generally respecting the powers and duties of the panel in making a decision under this section.

Section 19.10 of the Act is repealed.

Section 19.11 of the Act is repealed .

Section 19.13 of the Act is repealed and the

following substituted:

No cessation or

lockout

19 .13 Notwithstanding

any other provision of this Act, where a bargaining agent and a processor or

processors' organization have agreed to refer a matter to the panel in

accordance with subsection 19.9(1),

(

a) 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 a 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; and

(

b) a processor or processors' organization shall

not lock out a fisher.

Section 20 of the Act is repealed.

Section 22.1 of the Act is repealed and the

following substituted:

Single arbitrator

22 .1

(1) Where a party to a collective agreement

requests , the minister shall appoint a single arbitrator.

(2) An arbitrator appointed under subsection (1) has the powers and duties conferred and imposed on an

arbitration board under the Labour Relations Act .

(3) An arbitrator's

decision shall be given within 7 days of the arbitrators appointment unless

the parties to the collective agreement agree to a different time.

Section 22.2 of the Act is amended by deleting

the words "Trial Division" and substituting the words "Supreme

Court".

Section 32.1 of the Act is amended by deleting

the words "Trial Division" wherever they appear and substituting the

words "Supreme Court".

Section 33 of the Act is repealed.

17. The Act is amended by adding immediately after

section 39 the following:

Prohibited acts

39 .1

(1) Where

there is a cessation of business dealings that does not contravene this Act or

a lockout, an association, members of which are engaged in that cessation or

locked out, and anyone authorized by the association, may, at the processor's

place of business, operations or employment, and

without acts that are otherwise unlawful, persuade or endeavour to persuade

anyone not to

(

a) enter the processor's place of business,

operations or employment;

(

b) deal in or handle the products of the

processor; or

(

c) do business with the processor.

(2) Except as provided in subsection (1), an

association or other person shall not persuade or endeavour to persuade anyone

not to

(

a) enter the processor's place of business,

operations or employment;

(

b) deal in or handle the products of a person; or

(

c) do business with a person.

(3) Public expressions of sympathy or support,

otherwise than by picketing, on the part of associations or others not directly

concerned in the cessation of business dealings or lockout and persuasion and

endeavours to persuade by the use of circular, press,

of subsection (2).

(4) Where an association or other person other

than an individual is convicted of a contravention of subsection (2), the

association or other person is liable upon

summary conviction to a fine not

exceeding $1,000.

(5) Where an individual is convicted of a contravention

of subsection (2), the individual is liable upon

summary conviction to a fine

not exceeding $500 and in default of payment to imprisonment for a term not

exceeding 3 months.

18. The Act is amended by adding immediately after

section 41.1 the following:

Application of

Labour Relations Act

41 .2

Parts V and VI, except

section 120, of the Labour Relations Act apply to

matters within the scope of this Act with

(

a) the words "trade union" replaced by

the word "association ";

(

b) the word "employer" replaced by the

word "processor ";

(

c) the word "employee" replaced by the

word "fisher ";

(

d) the words "14 days after being so

instructed or within the period that the minister may allow" replaced with

the words "10 days after being so instructed"; and

(

e) the words "15 days" replaced with

the words "7 days".

Commencement

19. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a

day or days to be proclaimed by the Lieutenant-Governor in Council.

King's Printer