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Statutes of Newfoundland and Labrador 2010


CHAPTER 38

AN ACT TO AMEND THE FISHING INDUSTRY COLLECTIVE BARGAINING ACT

(Assented to December 16, 2010)

Analysis


        1.   S.19.01 Added
Minister to set date

        2.   S.19.9 Amdt.
Panel to establish agreement

        3.   S.19.11 Amdt.
Settlement of dispute by panel

        4.   S.19.14 R&S
Panel may reconsider decision

        5.   S.19.15 R&S
Sections apply


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-18
as amended

        1. The Fishing Industry Collective Bargaining Act is amended by adding immediately after section 19 the following:

Minister to set date

19.01 (1) The minister responsible for fisheries and aquaculture shall set the date by which the price and conditions of sale for a fish species shall be set in a year.

             (2)  Notwithstanding subsection (1), the minister may, upon the joint request of the parties to collective bargaining, vary the date set under that subsection.

 

        2. (1) Section 19.9 of the Act is amended by adding immediately after subsection (2) the following:

          (2.1)  Notwithstanding subsection (2), a party who has engaged in collective bargaining may not make a submission under that subsection unless that party has submitted an offer respecting price and conditions of sale to the other party not less than 48 hours before the scheduled commencement of the hearing referred to in subsection (2).

             (2)  Subsection 19.9(3) of the Act is repealed and the following substituted:

             (3)  Immediately after the conclusion of the hearing referred to in subsection (2), but in any event not later than 3 days before the date set  by the minister responsible for fisheries and aquaculture under section 19.01, the panel shall decide on the matters in dispute between the parties relating to price and conditions of sale for the fish species 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. Subsection 19.11(2) of the Act is repealed and the following substituted:

             (2)  The panel shall notify the parties of its decision not later than 3 days before the date set by the minister responsible for fisheries and aquaculture under section 19.01 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.

 

        4. Section 19.14 of the Act is repealed and the following substituted:

Panel may reconsider 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 under subsection (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)  Notwithstanding subsection (2), the panel shall only reconsider its decision

             (a)  where it believes the failure to do so would jeopardize the conduct of the fishery to which its decision applies; and

             (b)  where the criteria for reconsideration prescribed in regulations made under paragraph (4)(a) have been met.

             (4)  The minister may make regulations

             (a)  respecting the criteria which the panel shall consider in determining whether the conduct of the fishery to which its decision applies is in jeopardy under subsection (3);

             (b)  respecting the method that the panel shall apply in making a decision under subsection (2);  

             (c)  restricting the number of applications under subsection (1) that a party may make respecting a fish species in a year; and

             (d)  generally, respecting the powers and duties of the panel in reconsidering a decision under this section.

 

        5. Section 19.15 of the Act is repealed and the following substituted:

Sections apply

19.15 Where there is a conflict between the other provisions of this Act and sections 19.01 to 19.14, sections 19.01 to 19.14 apply.