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Third
Session, 45th General Assembly 55
Elizabeth II, 2006 |
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AN ACT TO AMEND THE
FISHING INDUSTRY |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
PAUL SHELLEY Minister
of Human Resources, Labour and Employment |
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Ordered
to be printed by the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would amend the Fishing Industry Collective Bargaining Act. Clause 1 of the Bill would amend the
Act to correctly refer to the area of Clauses 2 to 5 of the Bill would amend the Act to clarify, when those sections are read in light of subsection 2(5) of the Act, that the sections amended do not apply to processors in the Labrador Inuit Settlement Area. Clause 6 of the Bill would amend the Act to give the minister responsible for labour relations authority to determine, by regulation, the method the Standing Fish Price-Setting Panel shall apply in establishing fish prices and conditions of sale of a fish species where parties to collective bargaining have been unable to reach an agreement. Clause 7 of the Bill would amend the
Act to provide that the panel may, on application, reconsider a decision it has
previously given relating to price and conditions of sale of a fish species
where the panel believes that the failure to reconsider its decision would
place the conduct of the fishery concerned in jeopardy. |
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A AN ACT TO AMEND THE FISHING INDUSTRY COLLECTIVE BARGAINING ACT Analysis 1.
S.2 Amdt. 2.
S.13.6 Amdt. 3.
S.19.8 Amdt. 4.
S.19.9 Amdt. 5.
S.19.10 Amdt. 6.
S.19.11 R&S 7.
S.19.14 R&S Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cF-18 1. Subsection 2(5) of the Fishing Industry Collective Bargaining Act is amended by striking out the words "Labrador Inuit Land Claims Area" and substituting the words "Labrador Inuit Settlement Area". 2. Subsection 13.6(1) of the Act is amended by adding immediately after the words "a processor" the words "in the province". 3. (1) Subsection 19.8(1) of the Act is amended by adding immediately after the words "all processors" the words "in the province". (2) Subsection 19.8(2) of the Act is amended by adding immediately after the words "all processors" the words "in the province". 4. (1) Subsection 19.9(1) of the Act is amended by adding immediately after the words "all processors" the words "in the province". (2) Subsection 19.9(3) of the Act is amended by adding immediately after the words "all other processors" the words "in the province". 5. Section 19.10 of the Act is amended by adding immediately after the words "all other processors" the words "in the province". 6. Section 19.11 of the Act is repealed and the
following substituted: Settlement of dispute
by panel 19.11 (1)
Notwithstanding subsection 19.9(3), where the parties to collective bargaining
are a certified bargaining agent and an accredited processors' organization or
a processors' organization that represents processors in the province that
process the majority percentage of a fish species and those parties appear
before the panel under subsection 19.9(2), the panel shall hear and consider their
positions on price and conditions of sale and shall, in accordance with the
regulations, make a decision with respect to the matters in dispute between the
parties relating to price and conditions of sale. (2) The panel shall notify the parties of its decision not later than 3 days before the normally scheduled opening date of the fishery concerned and the decision of the panel is final and binding on the parties and on all other processors in the province that process that species of fish to which the panel's decision relates and constitutes a collective agreement or part of a collective agreement between them. (3) The minister may make regulations (a) establishing the method that the panel shall apply in making a decision under subsection (1) or delegating to the panel the authority to establish its own method; and (b) generally respecting the powers and duties of the panel in making a decision under this section. 7. Section 19.14 of the Act is repealed and the following substituted: Panel may reconsider a decision 19.14 (1) A certified bargaining agent, an accredited processors' organization or a processors' organization that represents processors that produce the majority percentage of a fish species may apply to the panel to reconsider a decision respecting price and conditions of sale. (2) On an application to it under subsection (1), the panel may reconsider its decision and may confirm or vary the decision taking into consideration criteria that it may establish. (3) Notwithstanding subsection (2), the panel
shall only reconsider its decision where it believes the failure to do so would
jeopardize the conduct of the fishery to which its decision applies. Sections apply 19.15 Where there is a conflict between the other provisions of this Act and sections 19.1 to 19.14, sections 19.1 to 19.14 apply. ŠEarl G. Tucker, Queen's Printer |