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Statutes of Newfoundland and Labrador 2019


CHAPTER 3

AN ACT TO AMEND THE FISHING INDUSTRY COLLECTIVE BARGAINING ACT

(Assented to April 2, 2019)

Analysis


        1.   S.19.1 Amdt.
Appointment of panel

        2.   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. (1) Subsection 19.1(3) of the Fishing Industry Collective Bargaining Act is repealed and the following substituted: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             (2)  Subsection 19.1(7) of the Act is repealed and the following substituted: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             (3)  Subsection 19.1(9) of the Act is repealed and the following substituted: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.

 

        2. (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             (2)  Subsection 19.14(2) is repealed and the following substituted: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             (3)  Paragraph 19.14(4)(c) is repealed and the following substituted: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