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45 |
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Third
Session, 46th General Assembly 59
Elizabeth II, 2010 |
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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 JOAN BURKE Minister of Human Resources, Labour and Employment |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would amend the Fishing Industry Collective Bargaining Act. It would ˇ require the minister responsible for fisheries and aquaculture to set the date by which the price and conditions of sale for a fish species shall be set in a year; ˇ require that, where a matter is referred to the panel, a party wishing to make a submission must have submitted an offer to the other party not less than 48 hours before the scheduled commencement of a hearing; and ˇ authorize the minister to make regulations respecting reconsideration by the panel, including regulations prescribing the criteria the panel shall consider in assessing whether the fishery to which its decision applies is in jeopardy, the method to be employed by the panel in reconsidering its decision, and the number of reconsideration applications which may be made to the panel in a year. |
A BILL AN ACT TO AMEND THE FISHING INDUSTRY COLLECTIVE BARGAINING ACT Analysis 1.
S.19.01 Added 2.
S.19.9 Amdt. 3. S.19.11 Amdt. 4.
S.19.14 R&S 5.
S.19.15 R&S Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cF-18 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. ŠEarl G. Tucker, Queen's Printer |