Civil Air Navigation Services Commercialization Act (S.C. 1996, c. 20)

Marginal note:Obligation to provide services

74 In the event of a work stoppage the Corporation shall continue to provide civil air navigation services necessary for humanitarian or emergency flights.

Marginal note:Parties to enter into agreement

75 The Corporation and every trade union shall, in respect of each bargaining unit represented by the trade union, enter into an emergency support agreement and, immediately on its execution, the Corporation shall file a copy of the agreement with the Minister of Labour.

Marginal note:Selection of mediator-arbitrator by parties

• 76 (1) Where no emergency support agreement with respect to a bargaining unit is in force 90 days before the expiration of the collective agreement applicable to that unit, the Corporation and the trade union shall select a mediator-arbitrator within 15 days.

• Marginal note:Selection of mediator-arbitrator by Minister

  (2) Where the Corporation and a trade union are unable to agree to the selection of a mediator-arbitrator in the 15-day period, they shall so notify the Minister of Labour in writing, who shall, after such inquiry as that Minister considers necessary, appoint a mediator-arbitrator and inform them of the appointment.

Marginal note:Duties of mediator-arbitrator

• 77 (1) Within 60 days after the mediator-arbitrator’s selection or appointment, the mediator-arbitrator shall

  • (a) for the purpose of concluding an emergency support agreement between the Corporation and the trade union,

    • (i) endeavour to mediate the matters in dispute and to bring about an emergency support agreement, and

    • (ii) if unable to bring about an emergency support agreement, hear the Corporation and the trade union on the matters in dispute, arbitrate the matters and render a decision in the form of an emergency support agreement; and

  • (b) file a copy of any decision under subparagraph (a)(ii) with the Minister of Labour.

• Marginal note:Late decision not invalid

  (2) The failure of a mediator-arbitrator to make a decision within the 60-day period does not affect the jurisdiction of the mediator-arbitrator to continue with and complete the arbitration proceedings, and any decision made by the mediator-arbitrator after the expiration of those 60 days is not for that reason invalid.

Marginal note:Powers of mediator-arbitrator

78 A mediator-arbitrator has, with such modifications as the circumstances require,

• (a) for the purposes of the mediation referred to in subparagraph 77(1)(a)(i), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code; and

• (b) for the purposes of the arbitration referred to in subparagraph 77(1)(a)(ii), all the powers and duties of an arbitrator under sections 60 and 61 of that Act.

Marginal note:Fees and expenses of mediator-arbitrator

79 The fees and expenses of a mediator-arbitrator shall be paid equally by the Corporation and the trade union.

Marginal note:Deemed agreement

80 As of the day a mediator-arbitrator makes a decision under subparagraph 77(1)(a)(ii), the emergency support agreement that results from that decision is deemed to have been entered into by the Corporation and the trade union in respect of the bargaining unit to which the agreement applies, and that agreement is binding on the Corporation, on the trade union and on the employees in the bargaining unit.

Marginal note:Proceedings prohibited

81 No order shall be made, no process shall be entered into and no proceeding shall be taken in any court

• (a) to question the appointment of a mediator-arbitrator; or

• (b) to review, prohibit or restrain any proceeding or decision of a mediator-arbitrator.

Marginal note:Revision of emergency support agreement

82 The Corporation and a trade union may, at any time, revise any provision of an emergency support agreement, but neither party may terminate the agreement during the period beginning 180 days before the expiration of the collective agreement that applies to the bargaining unit to which the emergency support agreement relates and ending on the day on which a new collective agreement that applies to that bargaining unit comes into force.

Marginal note:Notice of termination

83 Where a party to an emergency support agreement terminates the agreement, the party shall immediately give written notice to the other party and to the Minister of Labour.

Marginal note:Terms of employment

84 Unless the parties to an emergency support agreement agree otherwise,

• (a) the terms and conditions of employment, and

• (b) the rights, duties and privileges of the Corporation, of the employees in the bargaining unit to which the agreement applies and of the trade union representing those employees,

that were in effect immediately before the right to strike or lockout was acquired continue to apply with respect to emergency flight support employees who work during a work stoppage.

PART VIControl and Enforcement

Sending Notices

Marginal note:Sending notices

• 85 (1) The failure to send a notice or an announcement to any representative organization of users or to one or more users or persons that have notified the Corporation of their desire to receive notices or announcements under this Act does not constitute a failure to send the notice or announcement if the failure was unintentional.

• Marginal note:Posting notices

  (2) The failure to post an electronic version of a notice or announcement in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet does not constitute a failure to post the notice or announcement if the failure was due to technical difficulties.

Amendment of Letters Patent and By-laws

Marginal note:Amendment of letters patent

• 86 (1) The letters patent of the Corporation may not be amended without the prior written approval of the Minister, and any such amendment without that approval is invalid.

• Marginal note:Amendment or repeal of by-laws

  (2) A by-law of the Corporation that requires the Minister’s approval to be amended or repealed may not be amended or repealed without the prior written approval of the Minister, and any such amendment or repeal without that approval is invalid.

Enforcement

Marginal note:Compliance or restraining order — letters patent and by-laws

• 87 (1) If the Corporation or any of its directors or officers fails to comply with the letters patent or the by-laws of the Corporation, any present or former member, director or officer of the Corporation or any other person who, in the discretion of the court, is a proper person to make an application under this section, may apply to the superior court of any province for an order directing the Corporation or any of its directors or officers to comply with, or restraining the Corporation or any of its directors or officers from acting in breach of, the letters patent or the by-laws, and on such application the court may so order and make any further order it thinks fit.

• Marginal note:Compliance or restraining order — contravention by Corporation

  (2) If the Corporation contravenes section 9 or 16, subsection 19(1), section 22 or subsection 23(1), (2), (4) or (5), any person may apply to the superior court of any province for an order directing the Corporation to comply with, or restraining the Corporation from acting in breach of, that provision, and on such application the court may so order and make any further order it thinks fit.

• Marginal note:Summary application to court

  (3) An application may be made in a summary manner by petition, originating notice of motion or otherwise as the rules of the court provide and is subject to any order respecting notice to interested parties or costs, or any other order the court thinks fit.

• Marginal note:Appeal

  (4) An order under subsection (1) may be appealed to the court to which appeals from the court making the order normally lie.

Marginal note:Contravention of s. 10(1)

88 Every person who contravenes subsection 10(1) is guilty of an offence punishable on summary conviction and liable

• (a) in the case of an individual, to a fine of not more than $5,000, and

• (b) in the case of a corporation, to a fine of not more than $25,000

for each day or part of a day the offence continues.

Marginal note:Failure to comply with a direction

89 Where the Corporation fails to comply with a direction made under section 24, it is guilty of an offence punishable on summary conviction and liable to a fine of not more than $25,000 for each day or part of a day the offence continues.

Marginal note:Failure to provide services to humanitarian or emergency flight

• 90 (1) Where the Corporation contravenes section 74, it is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000 for each day or part of a day the offence continues.

• Marginal note:Defence

  (2) In a prosecution for a contravention of section 74, it is a defence for the Corporation to establish that, in attempting to comply with that section, it was obstructed or hindered from doing so by its employees or a trade union representing its employees.

Marginal note:Refusal to work

91 Any emergency flight support employee who, during a work stoppage, refuses to perform any duties required to be performed by that employee under an emergency support agreement is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 for each day or part of a day the employee refuses to perform those duties.

Marginal note:Hindering Corporation

• 92 (1) Any officer or representative of the Corporation, any employee of the Corporation, any trade union that represents employees of the Corporation and any officer, representative or employee of such a trade union who obstructs or hinders the provision of civil air navigation services to a humanitarian or emergency flight by the Corporation, is guilty of an offence punishable on summary conviction and liable to a fine in accordance with subsection (3) for each day or part of a day the offence continues.

• Marginal note:Hindering Minister of National Defence

  (2) Where the Corporation or any officer or representative of the Corporation, any employee of the Corporation, any trade union that represents employees of the Corporation or any officer, representative or employee of such a trade union obstructs or hinders a person acting under the authority of the Minister of National Defence from having access to facilities of the Corporation to which the person normally has access for the purposes of the person’s normal duties, the Corporation or that person is guilty of an offence punishable on summary conviction and liable to a fine in accordance with subsection (3) for each day or part of a day the offence continues.

• Marginal note:Fine

  (3) For the purposes of subsections (1) and (2), the fine for each day or part of a day the offence continues is

  • (a) $100,000, in the case of the Corporation or a trade union;

  • (b) $50,000, in the case of a person acting in the capacity of an officer or representative of the Corporation or of a trade union when the offence was committed; or

  • (c) $5,000, in any other case.

• Marginal note:Trade unions

  (4) For the purposes of this section, a trade union is deemed to be a person.

Marginal note:No imprisonment

93 Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under this Act.

Marginal note:Recovery of fines

94 Where a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.

Marginal note:Certificate as evidence

95 If in any proceedings under this Act a question arises as to

• (a) whether an asset is a designated civil air navigation services asset,

• (b) whether civil air navigation services were provided by the Department of Transport before the transfer date, or

• (c) the amount of any charge that was imposed immediately before the transfer date for the provision of civil air navigation services by the Minister,

a certificate purporting to have been issued by or under the authority of the Minister stating any fact relevant to the question shall be received and is admissible in evidence in those proceedings without proof of the signature or authority of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the fact so stated.

PART VIIGeneral

Official Languages

Marginal note:Official Languages Act applies

96 The Official Languages Act applies to the Corporation as if it were a federal institution.

Authority to Provide Services

Marginal note:Authority to provide services

97 Where a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to any other department in, or other portion of, the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Corporation if it considers it appropriate to do so.

PART VIIIFinancial Arrangements

Marginal note:Transition period payments

• 98 (1) The Minister may enter into an agreement with the Corporation regarding transition period payments by Her Majesty in right of Canada to the Corporation collateral to the transfer, by sale, lease or otherwise, authorized by section 7.

• Marginal note:Appropriation

  (2) There is hereby appropriated the sum of $1,440,000,000 to be paid out of the Consolidated Revenue Fund from time to time as required for the purposes of subsection (1).

• Marginal note:Lapsing

  (3) The appropriation referred to in subsection (2) lapses two years after the transfer date.

PART IXRelated, Consequential and Conditional Amendments and Coming into Force

Related and Consequential Amendments

99 to 106 [Amendments]

Conditional Amendments

107 and 108 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*109 Sections 11, 13 and 100 come into force on the transfer date.

• Return to footnote ^*[Note: Sections 11, 13 and 100 in force November 1, 1996.]