Details
- Full Title
- An Act to provide for the resumption and continuation of operations at the Port of Montreal
- First Reading
- April 27, 2021, Parliament 43, Session 2
- Type
- House Government Bill
- Full Content
- https://www.parl.ca/legisinfo/en/bill/43-2/c-29
Summary
The Port of Montreal Operations Act, 2021, was created to end a work stoppage at the Port of Montreal. A work stoppage is when employees stop working. The Act makes sure that things at the Port of Montreal go back to normal. It tells employers to start or keep working, and it tells employees to start or keep doing their jobs.
The Act also extends the old work agreement (called a collective agreement) until a new one is made. During this time, employers can't lock out workers, and workers can't strike. To help the two sides agree on a new work agreement, the Act sets up a process with a mediator-arbitrator. This person will try to help the employer and the union agree. If they can't agree, the mediator-arbitrator will make a decision.
The mediator-arbitrator has 90 days to help the employer and the union agree on the issues. If they don't agree within 14 days (this can be extended by 7 days if both sides agree), the mediator-arbitrator will make a decision. The mediator-arbitrator must report to the Minister of Labour. The two sides will split the cost of the mediator-arbitrator.
The Act also says what will be in the new work agreement. It includes any agreements the employer and union made before, any agreements they made with the mediator-arbitrator, and any decisions the mediator-arbitrator made. The old work agreement will also be used, except for the parts that were changed. If anyone breaks this law, they could have to pay a fine. The Act came into effect at 12:00:01 AM Eastern Daylight Saving Time on the day after it was approved.
Issues
Economy
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Jobs
The Port of Montreal Operations Act, 2021 aims to ensure the resumption and continuation of operations at the Port of Montreal. This means that every employer must resume or continue operations, and every employee must resume or continue their duties. The Act is designed to prevent any further work stoppages that could negatively impact jobs at the port.
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Spending
The Act states that the employers' association and the union will be responsible for paying the mediator-arbitrator's salary and covering any costs they have while doing their job. The employer and union will split the costs equally.
Security and Defense
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Crime
The Port of Montreal Operations Act, 2021 includes enforcement measures. If someone does not follow the rules of this Act, they could be fined. An individual can be fined up to $50,000 if they were acting as an officer or representative of the employer or union, or $1,000 in any other case. An employer or union can be fined up to $100,000 for each day the violation continues. The Act specifies that jail time will not be imposed for failure to pay a fine.