19

 

 

Second Session, 50th General Assembly

1 Charles III, 2022

BILL 19

AN ACT TO AMEND THE FISHING INDUSTRY COLLECTIVE BARGAINING ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE BERNARD DAVIS

Minister Responsible for Labour

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Fishing Industry Collective Bargaining Act to

ˇ         modify the membership of the Standing Fish Price-Setting Panel;

ˇ         require the prescribed certified bargaining agent to pay the remuneration and expenses of the members of the Standing Fish Price-Setting Panel who represent the prescribed certified bargaining agent;

ˇ         require the prescribed processors' organization to pay the remuneration and expenses of the members of the Standing Fish Price-Setting Panel who represent the prescribed processors' organization;

ˇ         allow the chairperson to make binding decisions without the other members of the Standing Fish Price-Setting Panel where requested by both the prescribed certified bargaining agent and the prescribed processors' organization;

ˇ         allow the Standing Fish Price-Setting Panel to reconsider its decision where the criteria for reconsideration prescribed in the regulations are met;

ˇ         require that a statutory review of sections 19.1 to 19.16 of the Act be conducted every 5 years; and

ˇ         incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE FISHING INDUSTRY COLLECTIVE BARGAINING ACT

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.6 Amdt.
Unfair practices

        3.   S.9 Amdt.
Membership in association

        4.   S.13.6 Amdt.
Binding effect

        5.   S.19.1 R&S

              Appointment of panel

        6.   Ss.19.12 to 19.15 R&S
19.12 Chairperson hearing
19.13 No cessation or lock

                        out
19.14 Facilitator not compel-

                        lable
19.15 Panel may reconsider decision
19.16 Sections apply
19.17 Review         

        7.   S.22.1 Amdt.
Single arbitrator

        8.   S.30 Amdt.
Fisher not liable for loss

        9.   S.32 Amdt.
Personal grievance

      10.   S.42 Amdt.
Prosecution

      11.   S.44 Amdt.
Proceedings under this Act

      12.   Transitional

      13.   RSNL1990 cP-43 Amdt.

 

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

RSNL1990 cF-18
as amended

        1. (1) Paragraph 2(1)(l) of the Fishing Industry Collective Bargaining Act is amended by deleting the words "his or her" and substituting the words "the person's".

             (2)  Subsection 2(2) of the Act is amended by

             (a)  deleting the words "his or her"; and

             (b)  deleting the words "he or she" and substituting the words "that fisher".

 

        2. Paragraph 6(2)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the fisher's".

 

        3. Subsection 9(3) of the Act is amended by deleting the words "he or she" and substituting the words "the fisher".

 

        4. Subsection 13.6(1) of the Act is amended by deleting the words "he or she" and substituting the words "the processor".

 

        5. Section 19.1 of the Act is repealed and the following substituted:

Appointment of panel

   19.1 (1) The Standing Fish Price-Setting Panel is continued and shall consist of 3 members appointed as follows:

             (a)  a chairperson appointed by the Lieutenant-Governor in Council on the recommendation of the minister in accordance with subsection (2);

             (b)  one member representing the certified bargaining agent appointed by the Lieutenant-Governor in Council on the recommendation of the certified bargaining agent; and

             (c)  one member representing the processors' organization appointed by the Lieutenant-Governor in Council on the recommendation of the processors' organization.

             (2)  For the purposes of paragraph (1)(a), the minister shall provide a list of qualified candidates for chairperson to both the certified bargaining agent and the processors' organization who shall rank the candidates in accordance with a process established by the minister and submit the rankings to the minister.

             (3)  A member of the panel shall serve for a period of up to 3 years and is eligible to be reappointed.

             (4)  Alternate members of the panel shall be appointed as follows:

             (a)  2 alternate chairpersons appointed by the Lieutenant-Governor in Council on the recommendation of the minister in accordance with subsection (2), each of whom may act in place of the chairperson when the chairperson is not available;

             (b)  one alternate member representing the certified bargaining agent appointed by the Lieutenant-Governor in Council on the recommendation of the certified bargaining agent who shall act in place of the member appointed under paragraph (1)(b) when that member is not available; and

             (c)  one alternate member representing the processors' organization appointed by the Lieutenant-Governor in Council on the recommendation of the processors' organization who shall act in place of the member appointed under paragraph (1)(c) when that member is not available.

             (5)  The alternate members appointed under subsection (4) shall

             (a)  serve for a period of up to 3 years and are eligible to be reappointed; and

             (b)  be considered to be members of the panel only while serving on the panel.

             (6)  The members of the panel shall be paid remuneration and expenses related to the carrying out of their duties at a rate set by the Lieutenant-Governor in Council.

             (7)  The remuneration and expenses referred to in subsection (6) shall be paid as follows:

             (a)  the remuneration and expenses of the chairperson and the alternate chairpersons shall be paid from money appropriated by the legislature for that purpose;

             (b)  the remuneration and expenses of a member appointed under paragraph (1)(b), (4)(b) and (9)(b) shall be paid by the certified bargaining agent; and

             (c)  the remuneration and expenses of a member appointed under paragraph (1)(c), (4)(c) and (9)(c) shall be paid by the processors' organization.

             (8)  Where a member of the panel resigns or due to absence, incapacity or other cause, is unable to carry out the duties as a member, a person shall be appointed in the member's place in accordance with subsection (9) who shall serve for the remainder of the term of the member being replaced.

             (9)  For the purposes of subsection (8), where the member is

             (a)  the chairperson, the Lieutenant-Governor in Council shall appoint a person in the member's place in accordance with subsection (2);

             (b)  the member representing the certified bargaining agent, the Lieutenant-Governor in Council on the recommendation of the certified bargaining agent shall appoint a person in the member's place; and

             (c)  the member representing the processors' organization, the Lieutenant-Governor in Council on the recommendation of the processors' organization shall appoint a person in the member's place.

          (10)  Where the term of a member or alternate member expires, the member or alternate member continues to be a member or alternate member until reappointed or replaced.

          (11)  In this section,

             (a)  "certified bargaining agent" means the certified bargaining agent prescribed in the regulations; and

             (b)  "processors' organization" means the processors' organization prescribed in the regulations.

          (12)  The minister may make regulations

             (a)  prescribing the certified bargaining agent for the purposes of paragraph (11)(a); and

             (b)  prescribing the processors' organization for the purposes of paragraph (11)(b).

 

 

        6. The Act is amended by repealing sections 19.12 to 19.15 and substituting the following:

Chairperson hearing

19.12 Notwithstanding sections 19.9, 19.10 and 19.11, at the request of both parties, the chairperson may, without the members of the panel referred to in paragraphs 19.1(1)(b) and (c), hear and consider the parties' positions on price and conditions of sale and make a decision with respect to the matters in dispute between the parties relating to price and conditions of sale.

No cessation or lockout

19.13 (1) A fisher shall not engage in a cessation of business dealings and a bargaining agent representing the fisher shall not take a vote as to cessation of business dealings between fishers and processors or authorize or participate in taking a vote or declare or authorize a cessation by that fisher.

             (2)  A processor or a processors' organization shall not lock out a fisher.

Facilitator not compellable

19.14 Except with the consent of the minister, and notwithstanding a law to the contrary, a person appointed by the panel as a facilitator shall not be required to give evidence before a court, board or other body or provide information that the person has received in the course of carrying out the person's duties.

Panel may reconsider decision

19.15 (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)  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).

             (3)  On an application under subsection (1) or (2), 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.

             (4)  Notwithstanding subsection (3), the panel shall only reconsider its decision where the criteria for reconsideration prescribed in the regulations have been met.

             (5)  The minister may make regulations

             (a)  respecting the criteria which the panel shall consider in determining whether to accept a reconsideration request;

             (b)  respecting the method that the panel shall apply in making a decision under subsection (3);

             (c)  restricting the number of applications under subsection (1) or (2) 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.

Sections apply

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

Review

19.17 The minister shall, every 5 years, conduct a review of sections 19.1 to 19.16.

 

        7. Subsection 22.1(2) of the Act is amended by deleting the words "his or her" and substituting the words "the arbitrator's".

 

        8. Section 30 of the Act is amended by deleting the words "himself or herself" and substituting the words "the fisher".

 

        9. Section 32 of the Act is amended by deleting the words "his or her" and substituting the words "the fisher's".

 

      10. Subsection 42(1) of the Act is amended by deleting the words "his or her" and substituting the words "the officer's or agent's".

 

      11. Paragraph 44(a) of the Act is amended by deleting the words "himself or herself".

Transitional

      12. Notwithstanding subsections 19.1(1) and (4), a person who is a member of the panel at the time of the coming into force of this Act shall continue be a member of the panel until reappointed or replaced.

 

RSNL1990 cP-43 Amdt.

      13. Schedule C of the Public Service Commission Act is amended by deleting the statutory appointment reference "Fishing Industry Collective Bargaining Act, section 19.1".

ŠKing's Printer