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Newfoundland and Labrador
Regulation 2024


NEWFOUNDLAND AND LABRADOR REGULATION 15/24

NEWFOUNDLAND AND LABRADOR
REGULATION 15/24

Fishing Industry Collective Bargaining Regulations, 2022
(Amendment)
under the
Fishing Industry Collective Bargaining Act

(Filed March 26, 2024)

Under the authority of sections 19.11 and 19.15 of the Fishing Industry Collective Bargaining Act, I make the following regulations.

Dated at St. John’s, March 26, 2024.

Bernard Davis
Minister of Environment and Climate Change

REGULATIONS

Analysis


           1.    S.4 Amdt.
Decision of panel

           2.    S.5 Amdt.
Reconsideration

             


NLR 79/22

       1.  Section 4 of the Fishing Industry Collective Bargaining Regulations, 2022 is amended by adding immediately after subsection (3) the following:

           (4)  Notwithstanding subsections (1) and (2), for the purpose of subsection 19.11(1) of the Act, in making a decision

            (a)  on the price for crab, each party shall submit a proposed formula to be used to determine the price for crab and the panel shall select one party's proposal; and

           (b)  on the conditions of sale for crab, the panel shall proceed by way of arbitration.

 

       2.  Section 5 of the regulations is amended by adding immediately after subsection (5) the following:

           (6)  Notwithstanding subsection (1), where the application for reconsideration relates to a decision regarding crab, the only criteria the panel shall consider is whether extraordinary circumstances exist since the time the panel made its initial decision that, in the opinion of the panel, would cause significant harm to the crab industry.

           (7)  Notwithstanding subsection (2), in making a decision with respect to the conditions of sale for crab under subsection 19.15(3) of the Act, the panel shall proceed by way of arbitration.

           (8)  Subsection (5) does not apply to decisions regarding crab.