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Consolidated Newfoundland Regulation 1996
Base Structure Construction, Topsides Assembly
Under the authority of section 70 of the Labour Relations Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following Order.
1. Special Project declared
2. Persons included
4. No benefit acquired
Special Project declared
1. It is declared that the undertaking with respect to the work on the combined Gravity Base Structure Construction, Topsides Assembly and Platform Hook‑Up that will occur in the Great Mosquito Cove, Bull Arm area of Trinity Bay, Newfoundland, including the onshore, atshore and inshore locations and including other associated offshore sites as the Lieutenant‑Governor in Council may include, is a Special Project.
2. The parties to a collective agreement entered into in relation to the work at the site of the Special Project are prescribed to be the Hibernia Employers' Association Inc. acting for and on behalf of the principal contractors and all subcontractors carrying out work at the combined site and the Newfoundland and Labrador Oil Development Allied Trades Council (Trades Council) acting for and on behalf of all affiliated unions which represent employees employed on the work at the site by the principal contractors and subcontractors.
3. It is ordered that this declaration of the undertaking as a Special Project be subject to the following conditions:
(a) that in accordance with the provisions of the Canada‑Newfoundland Atlantic Accord Implementation Newfoundland Act and the corresponding Act of the Parliament of Canada, individuals resident in the province shall be given first consideration for training and employment on the Special Project; and
(b) subject to paragraph (a), in a collective agreement entered into in relation to the work at the site of the Special Project
(i) preference in hiring for work on the Special Project may be given only to qualified union members resident in the province who were registered members of the appropriate union as of July 5, 1990 or who after July 5, 1990 joined the union and for at least 2 years after that date was a member of the union, and
(ii) a hiring procedure for this Special Project shall enable all qualified workers other than those referred to in subparagraph (i) to be hired on a "first come first served" basis and where an individual qualified to work on the Special Project is required to be a member in good standing of a union in the Trades Council, he or she is to be so considered where the individual
(A) is a member of or joins a union in the Trades Council, or
(B) pays a nominal one‑time permit fee to
that union not to exceed $25 and authorizes dues deduction in accordance with
(c) that representatives of the government of the province are to be provided access to the site of the Special Project and access to the employment records and applications for employment on the Special Project and, respecting confidentiality as appropriate, access to union membership information, so as to satisfy themselves as to the compliance with the conditions of this declaration;
(d) for the purpose of this declaration, a resident in the province means a person who is ordinarily resident in the province in accordance with sections 3 and 11 of the Election Act, that is, a Canadian or landed immigrant who has resided in the province for a period of 6 months immediately preceding employment.
No benefit acquired
4. Notwithstanding paragraph 3(a), persons who acquire membership in a union by joining a local outside the province shall not, by that action, acquire or accrue any preference of employment as a member of a local union for the purposes of this regulation and Consolidated Newfoundland Regulation 764/96.
5. Special Project Order re Gravity Base Structure Construction, Topsides Assembly and Platform Hook‑up Great Mosquito Cove, Bull Arm area of Trinity Bay, Newfoundland Regulation 223/90, is repealed.
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