Second

Session, 50th General Assembly

Charles III, 2023

BILL 24

AN ACT RESPECTING THE

PROVISION OF ESSENTIAL AMBULANCE SERVICES

Received

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

Second

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

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

Amendment

Jan 23, 2023

Third

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

Royal

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

HONOURABLE BERNARD

DAVIS

Minister of

Environment and Climate Change

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Essential Ambulance Services Act .

The Bill would

require an employer of and a

bargaining agent for ambulance workers to enter into an essential ambulance

services agreement;

prescribe the terms of an

essential ambulance services agreement;

allow the parties to an

essential ambulance services agreement to apply to the Labour Relations Board to

settle the terms of an essential ambulance services agreement where the parties

are unable to agree and to resolve disputes with respect to the essential

ambulance services agreement;

allow a party to an essential

ambulance services agreement to apply to the Labour Relations Board where the

party believes that the agreement deprives the party of a meaningful right to

strike or a meaningful right to lock out employees;

authorize the Labour Relations

Board to make an order referring a matter to binding arbitration where the

board determines that an essential ambulance services agreement has the effect

of depriving employees of a meaningful right to strike or an employer of a

meaningful right to lock out employees;

set out the powers and

procedures of an arbitration board with respect to disputes regarding the

meaningful right to strike or to lock out employees;

prohibit an employer from

locking out ambulance workers where an essential ambulance services agreement

is not in effect;

prohibit a bargaining agent

from declaring a strike of ambulance workers where an essential ambulance

services agreement is not in effect;

prohibit an employer from

locking out ambulance workers who are required to work under an essential

ambulance services agreement;

prohibit a bargaining agent

from declaring a strike of ambulance workers who are required to work under an

essential ambulance services agreement;

prohibit an ambulance worker

who is required to work under an essential ambulance services agreement from

participating in a strike against the employer; and

prescribe the penalties for

contravening the Act.

A BILL

AN ACT RESPECTING THE PROVISION OF

ESSENTIAL AMBULANCE SERVICES

Analysis

Short title

Definitions

Application

PART

ESSENTIAL AMBULANCE SERVICES AGREEMENT

Essential ambulance services agreement

Duty to negotiate

Contents of agreement

Failure of negotiations

Agreement binding

Duration of agreement

Amendment of agreement

Agreement to be filed

Notice to employees

PART

SETTLEMENT OF DISPUTES

Notice and referral to board

Meaningful right to strike or lock out

No lockout or strike while order in

effect

Arbitration

Arbitration board

Single arbitrator

Powers and duties of arbitration board

Application of Labour Relations Act

Arbitration Act does not apply

Collective agreement concluded

PART

III

PROHIBITIONS, OFFENCES AND REGULATIONS

Prohibition where no agreement in effect

Prohibition where agreement in effect

Further prohibition

Effect of Act on work stoppages

Offence and penalty

Regulations

RSNL1990 cL-1 Amdt.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Essential

Ambulance Services Act.

Definitions

2. In

this Act

(a) "ambulance" means a vehicle that is designed, constructed or equipped to

transport patients and provide other emergency health services ;

(b) "ambulance worker" means

(

i) a paramedicine provider,

(ii) an employee whose duties include dispatching

ambulances, or

(iii) an employee prescribed as an ambulance worker in

the regulations;

(c) "bargaining agent" means a

bargaining agent as defined in the Labour

Relations Act ;

(d) "board" means the Labour Relations Board continued under the Labour Relations Act ;

(e) "council of trade unions" means a

council of trade unions as defined in the Labour

Relations Act ;

(f) "dispatching services" means

call-taking and dispatching services required for the provision of ambulance

services;

(g) "emergency health services" means the assessment, stabilization, treatment or transportation

of a patient that is required to preserve the patient's life or to prevent or

alleviate serious harm to the patient but does not include the assessment,

stabilization or treatment of a patient provided in a health care facility;

(h) "employer" means an employer of

ambulance workers;

(i) "employers' organization" means an

employers' organization as defined in the Labour

Relations Act ;

(j) "essential ambulance services" means

(

i) emergency health services,

(ii) dispatching services,

(iii) work that is incidental to a service described

in subparagraph (

i) or (ii),

(iv) work that is performed on or in connection

with an ambulance to protect health or safety, or

(

v) any other services prescribed in the regulations;

(k) "essential ambulance services

agreement" means an essential ambulance services agreement referred to in

section

(l) "minister" means the minister appointed under the Executive Council Act to

administer this Act;

(m) "paramedicine provider" means a

person who holds a valid licence issued by the Office of the Provincial Medical

Director;

(n) "patient" means a person requiring

medical attention or who is under medical care; and

(o) "trade union" means a trade union as

defined in the Labour Relations Act .

Application

(1) This

Act applies with respect to the following employers, employers organizations,

trade unions, councils of trade unions and employees where the Labour

Relations Act applies with respect to their collective bargaining:

(

a) employers and employers organizations that

represent those employers;

(

b) trade unions and councils of trade unions that

act as bargaining agents for employees in a bargaining unit that includes

ambulance workers; and

(

c) the employees in a bargaining unit that

includes ambulance workers.

(2) Notwithstanding subsection (1), this Act does

not apply with respect to employers, employers organizations, trade unions,

councils of trade unions, and employees described in subsection (1) where the Public Service Collective Bargaining Act applies

with respect to them.

(3) Where there is a conflict between this Act or

a regulation under this Act and the Labour

Relations Act with respect to employers, employers organizations, trade

unions, councils of trade unions or employees to whom this Act applies, this

Act or the regulation made under it prevails.

PART I

ESSENTIAL AMBULANCE SERVICES AGREEMENT

Essential

ambulance services agreement

4. An

employer and a bargaining agent who are bound by a collective agreement or who

are negotiating a first collective agreement shall negotiate an essential

ambulance services agreement.

Duty to negotiate

(1) Where

an employer and a bargaining agent are bound by a collective agreement, they

shall begin to negotiate an essential ambulance services agreement no later

than 180 days before the collective agreement expires.

(2) Where an employer and a bargaining agent have

never had a collective agreement, they shall begin to negotiate an essential

ambulance services agreement,

(

a) no later than 20 days after notice is given

under

section 72 of the Labour

Relations Act ; or

(

b) if no notice was given under that

section but

the parties have met and bargained, no later than 20 days after their first

meeting.

(3) Notwithstanding subsections (1) and (2), an

employer and a bargaining agent may begin to negotiate an essential ambulance

services agreement at a time later than that required under subsection (1) or

(2) where both parties agree to do so.

(4) An employer and a bargaining agent shall bargain

in good faith and make every reasonable effort to make an essential ambulance

services agreement.

(5) Where an employer is represented in collective

bargaining by an employers organization, the employers organization may

negotiate and make an essential ambulance services agreement on the employers

behalf.

(6) Where a bargaining agent is represented in

collective bargaining by a council of trade unions, the council of trade unions

may negotiate and make an essential ambulance services agreement on the bargaining

agent's behalf.

Contents of

agreement

(1) In

order to enable an employer to continue to provide essential ambulance services

in the event of a lockout or strike, an essential ambulance services agreement shall

(

a) identify the work functions that constitute

essential ambulance services;

(

b) identify the classifications of ambulance

workers, and the number of ambulance workers in each classification and in each

location where ambulance services are provided, who are required at any one time

to perform essential ambulance services during a lockout or strike;

(

c) provide for a method by which ambulance

workers competent to perform essential ambulance services will be assigned to

perform essential ambulance services during a lockout or strike;

(

d) in order to allow the employer to respond to a

change in circumstances causing a need to increase essential ambulance services

during a lockout or strike, set out a procedure for identifying and assigning

additional ambulance workers within the classifications identified under

paragraph (

b) who are required at any one time to perform the work functions

identified under paragraph (a), including the immediate assignment of

additional ambulance workers;

(

e) where the employer uses the procedure in paragraph

(d), require the employer to immediately serve notice on the bargaining agent

setting out the additional number of ambulance workers in each classification

required to perform the work functions as a result of the change in

circumstances causing the need to increase essential ambulance services;

(

f) in order to allow the employer to respond to a

change in circumstances causing a need to increase essential ambulance services

during a lockout or strike, set out a procedure for

(

i) identifying additional work functions as

essential ambulance services,

(ii) identifying additional classifications of ambulance

workers, and the number of ambulance workers in each classification, who are

required to perform additional work functions identified in subparagraph (

i) as

essential ambulance services in an emergency, and

(iii) assigning the additional ambulance workers

identified in subparagraph (ii), including the immediate assignment of the

additional ambulance workers; and

(

g) where the employer uses the procedure in paragraph

(f), require the employer to immediately serve notice on the bargaining agent

setting out the additional work functions identified as essential ambulance services,

the additional classifications of ambulance workers and the number of ambulance

workers in each classification who are required to perform those work functions

in an emergency.

(2) The number of ambulance workers that are

required to provide essential ambulance services shall be determined without

consideration of whether other persons are available to provide the essential

ambulance services.

Failure of

negotiations

(1) Where

an employer and a bargaining agent who are required to negotiate an essential

ambulance services agreement under

section 4 or subsection 28(2) are unable to

make an essential ambulance services agreement, the employer or the bargaining

agent may apply in writing to the board to settle the provisions of the essential

ambulance services agreement.

(2) The board shall, as soon as practicable, serve

notice of the receipt of an application under subsection (1) on both the

employer and the bargaining agent.

(3) Upon receiving notice under subsection (2),

the employer and the bargaining agent shall each, within 10 days, provide the

board with a statement in writing setting out the matters upon which they have

agreed, if any, and the matters upon which they cannot agree with respect to

the essential ambulance services agreement.

(4) The

board shall hear the matter as a panel consisting of

(

a) the chairperson of the board, or the vice-chairperson, if appointed by

the chairperson; and

(

b) one member representative of employers and one member representative of

employees selected by the chairperson from among the group of persons appointed

under subsection 6(2) or (5) of the Labour Relations Act .

(5) Within 90 days after receiving an application under

subsection (1), or within such further time as the employer and the bargaining

agent agree upon, the board shall make an order settling the provisions of an

essential ambulance services agreement between the employer and the bargaining

agent.

(6) Notwithstanding subsection (5), where an

application under this

section relates to the requirement to negotiate an

essential ambulance services agreement under

section 28(2), the board shall make

an order settling the provisions of the essential ambulance services agreement

within 45 days after receiving the application.

(7) Notwithstanding subsection 15(1), where an

application under this

section relates to the requirement to negotiate an

essential ambulance services agreement under

section 28(2) and the board is

satisfied that the level of activity that is required to be continued under the

essential ambulance services agreement has the effect of depriving the employees

in the bargaining unit of a meaningful right to strike or depriving the

employer of a meaningful right to lock out the employees, the board may make a

decision under

section 15.

(8) In settling the provisions of an essential ambulance

services agreement under this section, the board shall accept, without

amendment, any provisions agreed upon by the employer and the bargaining agent.

(9) On application by the employer or the bargaining

agent, the board may review, amend, alter or vary an order or a decision made

by the board under this

section as the board considers appropriate in the

circumstances.

Agreement binding

8. An

essential ambulance services agreement between an employer and a bargaining

agent, whether settled by agreement or by the board, is binding upon

(

a) the employer;

(

b) every employee of the employer who is

represented by the bargaining agent; and

(

c) the bargaining agent.

Duration of

agreement

(1) An

essential ambulance services agreement remains in effect until terminated by

the employer or the bargaining agent in accordance with subsection (2).

(2) A party to an essential ambulance services

agreement may terminate the agreement by giving written notice to the other

party where

(

a) the parties to the essential ambulance

services agreement have a collective agreement; and

(

b) there are at least 180 days remaining in the

term of that collective agreement.

Amendment of

agreement

(1) Where

both parties to an essential ambulance services agreement agree, in writing, the

parties may amend the essential ambulance services agreement.

(2) A party to an essential ambulance services

agreement may apply to the board to amend the essential ambulance services agreement.

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

board may amend the essential ambulance services agreement and may issue any

directive it considers appropriate in the circumstances.

Agreement to be

filed

11. An

employer shall file a copy of any essential ambulance services agreement to

which it is a party with the minister.

of employment

(1) The

workers who perform work under an essential ambulance services agreement

continue in effect until a new collective agreement is concluded, unless the

employer and the bargaining agent agree otherwise.

(2) The rates of wages and other terms and

conditions of employment of ambulance workers who are required by the employer

to work under the provisions of the essential ambulance services agreement

referred to in paragraphs 6(1)(

d) to (

g) are, while they are working, the rates

of employment under

section

74 and

section 75 of the Labour

Relations Act , unless the employer and the bargaining agent

agree otherwise.

(3) Nothing in this

section continues the rates of

bargaining unit who are not performing work under the essential ambulance

services agreement or working as required by the employer under the provisions

of the essential ambulance services agreement referred to in paragraphs 6(1)(

d) altered under

section

74 and

section 75 of the Labour

Relations Act .

Notice to

employees

(1) An employer shall give notice, in

writing, to

(

a) the

ambulance workers who are or may be required to work during a strike or lockout

under an essential ambulance services agreement; and

(

b) the

bargaining agent for those ambulance workers.

(2) An ambulance worker given notice by the

employer under subsection (1) shall report for work where required as if a

strike or lockout were not taking place.

PART II

SETTLEMENT OF DISPUTES

Notice and

referral to board

(1) Either

party to an essential ambulance services agreement may notify the other party in

writing that it disputes

(

a) the manner in which the other party is

interpreting, applying or implementing the essential ambulance services agreement;

(

b) any action taken by the other party under the

terms of the essential ambulance services agreement.

(2) Where the parties are unable to resolve a

dispute referred to in subsection (1), either party may apply, in writing, to

the board to resolve the dispute, with written notice to the other party.

(3) Where a dispute is referred to the board under

subsection (2), the board shall settle the dispute within 3 days after the

notice is received by the board and may make any order that the board considers

appropriate in the circumstances.

Meaningful right

to strike or lock out

(1) Where

a party to an essential ambulance services agreement considers that the level

of activity that is required to be continued under the essential ambulance

services agreement has the effect of depriving the employees in the bargaining

unit of a meaningful right to strike or depriving the employer of a meaningful

right to lock out the employees, the party may apply to the board in writing to

request a decision regarding whether the level of activity that is required to

be continued under the essential ambulance services agreement has the effect of

depriving the employees in the bargaining unit of a meaningful right to strike

or depriving the employer of a meaningful right to lock out the employees.

(2) In deciding, in an application made under

subsection (1), whether the employees in the bargaining unit are deprived of a

meaningful right to strike or the employer is deprived of a meaningful right to

lock out the employees, the board

(

a) shall consider the number of employees

identified in the essential ambulance services agreement whose services the

employer has used to provide the essential ambulance services and any other

relevant factors prescribed in the regulations; and

(

b) may consider the classifications of employees

and the work functions identified in the essential ambulance services agreement.

(3) The

board shall

(

a) hear

the application as a panel consisting of

(

i) the

chairperson of the board, or the vice-chairperson, if appointed by the

chairperson, and

(ii) one

member representative of employers and one member representative of employees

selected by the chairperson from among the group of persons appointed under

subsection 6(2) or (5) of the Labour Relations Act ; and

(

b) subject

to subsection (7), make a decision within 30 days after receiving the

application.

(4) Notwithstanding paragraph (3)(b), the board

may extend the time period referred to in that paragraph in extenuating

circumstances.

(5) Where, upon considering the application, the board

is satisfied that the level of activity that is required to be continued under

an essential ambulance services agreement has the effect of depriving the employees

in the bargaining unit of a meaningful right to strike or depriving the

employer of a meaningful right to lock out the employees, the board may

(

a) amend the essential ambulance services

agreement;

(

b) direct the parties to confer with a conciliation

officer appointed under the Labour

Relations Act who shall endeavour to conclude a collective agreement;

(

c) order that all matters remaining in dispute

between the parties with respect to concluding a collective agreement be

referred to an arbitration board for binding arbitration; or

(

d) give any other directions the board considers

appropriate.

(6) Where the board directed the parties to confer

with a conciliation officer under paragraph (5)(

b) and the parties did not

conclude a collective agreement, the board shall order binding arbitration.

(7) The board shall not order binding arbitration

under paragraph (5)(

c) or subsection (6) before the day on which it would be

the employees under

section

74 and

section 75 of the Labour

Relations Act .

(8) Where, while an application is pending under

this section, the parties agree on all matters that remain in dispute between

them and make a collective agreement, the board shall dismiss the application

without deciding it.

No lockout or

strike while order in effect

(1) While

an order under paragraph 15(5)(

c) or subsection (6) is in effect, none of the

employees in the bargaining unit shall strike and the employer shall not lock out

any of the employees in the bargaining unit.

(2) Where the board makes an order under paragraph

15(5)(

c) or subsection 15(6) while any employees in the bargaining unit are on

strike, those employees shall cease the strike.

(3) Where the board makes an order under paragraph

15(5)(

c) or subsection 15(6) while the employer is locking out any employees in

the bargaining unit, the employer shall cease locking out those employees.

(4) Unless the employer and the bargaining agent

agree otherwise, upon the making of an order under paragraph 15(5)(

c) or

employment that were in effect immediately before it became lawful to alter

74 and

section 75 of the Labour

Relations Act apply with respect to all employees in the

bargaining unit until a collective agreement is in force.

Arbitration

17. Where

the board makes an order under paragraph 15(5)(

c) or subsection 15(6), the

arbitration shall proceed by way of an arbitration board composed of 3 persons,

unless the parties to the binding arbitration agree to submit to a single

arbitrator.

Arbitration board

(1) An

employer and a bargaining agent shall each, within 7 days after the board makes

an order under paragraph 15(5)(

c) or subsection 15(6), give to the other party

the name of a person to act as its appointed member on the arbitration board

and the 2 members selected shall, within 7 days after the day on which the

second of them is appointed, appoint a third person to be a member and the

chair of the arbitration board.

(2) Where a party to the binding arbitration fails

to appoint a member to the arbitration board, the minister, upon receiving the

application of the other party, shall, within 7 days, appoint a person to act on

the arbitration board as the appointed member of the party who has failed to

appoint a member.

(3) Where the 2 members appointed to the

arbitration board fail or neglect to make the appointment of the third member

and chair as required by subsection (1), either party may apply to the minister

for the appointment of a person to act as the third member and chair of the arbitration

board.

(4) Upon receiving an application under subsection

(3), the minister shall, within 7 days, appoint a person as the third member

and chair of the arbitration board.

(5) Where

a member appointed to an arbitration board under this

section ceases to act by

reason of resignation, death or otherwise before the arbitration board has

completed its work, the party for whom the person was the appointed member

shall, within 10 days of the member ceasing to act, appoint a replacement and

notify the other party in writing of the name and address of the replacement.

(6) Where

a party fails to appoint a replacement in accordance with subsection (5), the

minister shall appoint as a replacement a person the minister considers

suitable and, where the parties to the binding arbitration agree, the

arbitration board shall continue to function as if the replacement member were

a member of the arbitration board from the beginning.

(7) Where the chair of an arbitration board is

unable to carry out the chair's duties to enable the arbitration board to

render a decision within a reasonable time after its establishment, the minister

shall appoint a person to act as chair of the arbitration board in the chair's place

and the binding arbitration shall begin as a new matter.

(8) A person shall not be appointed as a member of

the arbitration board or act as a member of the arbitration board where the person

(

a) has a direct pecuniary interest in a matter before

the arbitration board; or

(

b) is acting or has, within a period of 6 months

immediately before the date on which the dispute is submitted to the

arbitration board, acted as a lawyer for or agent of any of the parties to the binding

arbitration.

(9) The fees and expenses of an arbitration board

shall be paid as follows:

(

a) the employer shall pay the fees and expenses

of the member appointed to the arbitration board by or on behalf of the employer;

(

b) the bargaining agent shall pay the fees and

expenses of the member appointed to the arbitration board by or on behalf of

the bargaining agent; and

(

c) the employer and the bargaining agent shall

each pay one half of the fees and expenses of the chair of the arbitration board.

Single arbitrator

(1) Notwithstanding

subsection 18(1), where an employer and a bargaining agent agree to submit to a

single arbitrator under

section 17, they shall, within 10 days after the board

makes an order under paragraph 15(5)(

c) or subsection 15(6), attempt to agree

on a person satisfactory to both to be the single arbitrator and, where

agreement is reached, that person is appointed as the single arbitrator.

(2) Where the employer and the bargaining agent

are unable to agree on a person to be the single arbitrator, subsections 18(3)

and (4) apply with the necessary changes.

(3) Subsections 18(7) and (8) apply, with the

necessary changes, to a single arbitrator.

(4) An employer and a bargaining agent shall each

pay one half of the fees and expenses of a single arbitrator appointed under

this section.

Powers and duties

of arbitration board

(1) An

arbitration board or a single arbitrator shall inquire into and decide on the

matters that are in dispute and any other matters that appear to the arbitration

board or single arbitrator to be necessary to be decided in order to conclude a

collective agreement between the parties, but the arbitration board or single

arbitrator shall not decide any matters that come within the jurisdiction of

the board.

(2) In making a decision, the arbitration board or

single arbitrator shall consider

(

a) the employers ability to pay;

(

b) the employers ability to attract and retain

qualified employees; and

(

c) other matters as the arbitration board or

single arbitrator considers fair and reasonable in the circumstances.

(3) Nothing in subsection (2) limits the powers of

the arbitration board or single arbitrator.

(4) The arbitration board or single arbitrator

remains seized of and may deal with all matters in dispute between the parties

until a collective agreement is in effect between them.

(5) The arbitration board or single arbitrator shall

determine the procedure for the binding arbitration but shall permit the parties

to present evidence and make submissions.

(6) The arbitration board or single arbitrator shall

begin the binding arbitration proceedings within 30 days after being appointed.

(7) The arbitration board or single arbitrator shall

make a decision

(

a) within 90 days after being appointed; or

(

b) where the parties agree to an extended time

before or after those 90 days have passed, within that time.

(8) The decision of a majority of the members of an

arbitration board is the decision of the arbitration board.

Application of Labour

Relations Act

(1) Except where inconsistent with this Act, the provisions of the Labour Relations Act relating to the

constitution, operations, powers, procedures and practices of the Labour

Relations Board apply to and in respect of the board when acting under this

Act.

(2) Paragraphs 88(1)(

a) and (

b) and subsection

88(5) of the Labour Relations Act

apply, with the necessary changes, to an arbitration board or a single

arbitrator and the proceedings and decisions of an arbitration board or a

single arbitrator under this Act.

Arbitration Act

does not apply

22. The

Arbitration Act does not apply to binding

arbitration proceedings under this Act.

Collective

agreement concluded

(1) Where,

during a proceeding before an arbitration board or a single arbitrator, the

parties agree on all matters that were in dispute and the parties put that

agreement in writing and execute it,

(

a) that executed agreement constitutes a

collective agreement; and

(

b) the binding arbitration proceeding is

terminated.

(2) Where, during a proceeding before an

arbitration board or a single arbitrator, the parties agree on some but not all

of the matters in dispute, the parties shall notify the arbitration board or

single arbitrator of the items agreed upon and the arbitration board or single

arbitrator shall decide the remaining matters and any other matters that appear

to the arbitration board or single arbitrator to be necessary to conclude a

collective agreement.

(3) The date of the arbitration boards or single

arbitrator's decision under subsection (2) is considered to be the day the

collective agreement is entered into.

PART III

PROHIBITIONS, OFFENCES AND REGULATIONS

Prohibition where

no agreement in effect

(1) Where an essential ambulance services agreement is not in effect between an

employer and the bargaining agent for ambulance workers of that employer,

(

a) the employer or employers' organization shall

not authorize, declare or cause a lockout of any of the ambulance workers represented

by the bargaining agent;

(

b) the bargaining agent shall not authorize,

declare or cause a strike by any of the ambulance workers represented by the bargaining

agent against the employer; and

(

c) an ambulance worker represented by the

bargaining agent shall not participate in a strike against the employer.

(2) Nothing in subsection (1) affects the right of

employees in the bargaining unit who are not ambulance workers to strike or the

rights of the employer to lock them out where a strike by or lockout of the

employees would be lawful under the

Labour Relations Act .

Employment terms

and conditions continue

(1) Where

an essential ambulance services agreement is not in effect by the day on which

a strike by or lockout of employees in a bargaining unit that contains

ambulance workers would be lawful under the Labour

the ambulance workers in the bargaining unit continue in effect until an

essential ambulance services agreement is in effect, unless the employer and

the bargaining agent agree otherwise.

(2) Nothing in subsection (1) continues the rates

unit who are not ambulance workers.

Prohibition where

agreement in effect

(1) Where

an essential ambulance services agreement is in effect,

(

a) the employer or employers' organization shall

not authorize, declare or cause a lockout of any ambulance worker who is

required to work under the essential ambulance services agreement;

(

b) the bargaining agent shall not authorize,

declare or cause a strike of any ambulance worker who is required to work under

the essential ambulance services agreement; and

(

c) an ambulance worker who is required to work

under the essential ambulance services agreement shall not participate in a

strike against the employer.

(2) Subsection (1) applies with necessary

modifications with respect to ambulance workers called in to work under the

provisions of the essential ambulance services agreement referred to in

paragraphs 6(1)(

d) to (

g) for the period they are required to work under those paragraphs.

Further prohibition

27. A

person or organization shall not

(

a) do anything to prevent or impede an employees

compliance with

section 24 or 26 or aid or abet an employee to contravene

section 24 or 26; or

(

b) fail to do anything for the purpose of

preventing or impeding an employees compliance with

section 24 or 26 or for

the purpose of aiding or abetting an employee to contravene

section 24 or 26.

Effect of Act on

work stoppages

(1) Any

lockout or strike between an employer and a bargaining agent that is taking

place at the time this Act comes into force shall immediately cease until such

time as the employer and bargaining agent have established an essential ambulance

services agreement.

(2) Where

a lockout or strike ceases in accordance with subsection (1), the employer and

bargaining agent shall immediately begin to negotiate an essential ambulance

services agreement.

(3) Notwithstanding subsection (2), either party

may apply to the board under subsection 7(1) to settle the provisions of the

ambulance services agreement.

(4) Where a lockout or strike ceases in accordance

employment that were in effect immediately before it became lawful to alter

74 and

section 75 of the Labour

Relations Act apply with respect to all employees in the

bargaining unit.

(5) Notwithstanding paragraph 116(

a) of the Labour Relations Act , where a

conciliation officer files a report under

section 99 of the Labour Relations Act , the 15 day period

provided for in paragraph 116(

a) of the Labour

Relations Act shall not begin until such time as the parties have entered

into an essential ambulance services agreement.

(6) Notwithstanding paragraph 116(

b) of the Labour Relations Act , where a

conciliation board files a report under

section 108 of the Labour Relations Act , the 7 day period provided for in paragraph

116(

b) of the Labour Relations Act shall

not begin until such time as the parties have entered into an essential

ambulance services agreement.

Offence and

penalty

(1) An employer or employers' organization who authorizes, declares or causes a

lockout in contravention of paragraph 24(1)(

a) or 26(1)(

a) is guilty of an offence and liable on

summary conviction to a

fine not exceeding $1,000 for each day that the lockout exists.

(2) A person acting on

behalf of an employer who authorizes, declares or causes a lockout in

contravention of paragraph 24(1)(

a) or 26(1)(

a) is

guilty of an offence and liable on

summary conviction to a fine not exceeding

$10,000.

(3) A bargaining agent who

authorizes, declares or causes a strike in contravention of paragraph

24(1)(

b) or 26(1)(

b) is guilty of an offence and

liable on

summary conviction to a fine not exceeding $1,000 for each day that

the strike exists.

(4) An officer or

representative of a bargaining agent who authorizes, declares or causes a

strike in contravention of paragraph 24(1)(

b) or 26(1)(

b) is guilty of an offence and liable on

summary conviction to

a fine not exceeding $10,000.

(5) An ambulance worker

who participates in a strike in contravention of paragraph 24(1)(

c) or 26(1)(

c) is guilty of an offence and liable on

summary conviction to a fine not

exceeding $1,000.

(6) An

employer, an employers organization or a bargaining agent who contravenes

subsection 28(1) is guilty of an offence and liable on

summary conviction to a

fine not exceeding $10,000.

(7) A person who does anything prohibited by this

Act or the regulations, or who refuses or neglects to do anything required by

this Act or the regulations to be done by that person, is guilty of an offence

and liable on

summary conviction

(

a) in the case of an

individual, to a fine not exceeding $500; or

(

b) in the case of a

corporation, trade union or employers' organization, to a fine not exceeding $1,000.

Regulations

30. The

Lieutenant-Governor in Council may make regulations

(

a) prescribing employees or classes of employees as

ambulance workers for the purposes of subparagraph 2(b)(iii);

(

b) prescribing services for the purpose of

subparagraph 2(j)(v);

(

c) prescribing factors that are relevant for the

purpose of paragraph 15(2)(a);

(

d) defining a word or phrase used but not defined

in this Act; and

(

e) generally, to give

effect to this Act.

RSNL1990 cL-1

Amdt.

Section 18 of the Labour Relations Act is

amended by adding immediately after paragraph (k.3) the following:

(k.4) consider and decide upon those matters

referred to it which fall within the scope and intent of the Essential Ambulance Services Act ;

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