Third

Session, 48th General Assembly

Elizabeth II, 2019

BILL

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 of Advanced

Education, Skills and Labour

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Fishing Industry Collective Bargaining Act

allow members and alternate

members of the Standing Fish Price-Setting Panel to be appointed for terms of

up to 3 years;

provide that alternate members

of the panel continue to serve until reappointed or replaced; and

allow non-majority fish

processors or processors' organizations who have engaged in collective bargaining

or appeared before the panel at the original hearing to apply to the panel to

reconsider a decision respecting price and conditions of sale.

A BILL

AN ACT TO AMEND THE FISHING INDUSTRY

COLLECTIVE BARGAINING ACT

Analysis

S.19.1 Amdt.

Appointment of panel

S.19.14 Amdt.

Panel may reconsider decision

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-18

as amended

(1) Subsection 19.1(3) of the Fishing Industry Collective Bargaining Act

is repealed and the following substituted:

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

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

(2) Subsection 19.1(7) of the Act is repealed and

the following substituted:

(7) The Lieutenant-Governor in Council may appoint

as many persons as the Lieutenant-Governor in Council considers appropriate to

serve as alternate members of the panel for a period of up to 3 years and the

persons appointed are eligible for reappointment.

(3) Subsection 19.1(9) of the Act is repealed and

the following substituted:

(9) Notwithstanding subsections (3) and (7), a

person continues to be and may serve as a member or alternate member of the

panel until he or she is reappointed or replaced.

(1) The Act is amended by adding immediately

after subsection 19.14(1) the following:

(1.1) 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).

(2) Subsection 19.14(2) is repealed and the following

substituted:

(2) On an application under subsection (1) or

(1.1), 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) Paragraph 19.14(4)(

c) is repealed and the

following substituted:

(

c) restricting the number of applications under

subsection (1) or (1.1) that a party may make respecting a fish species in a

year; and

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