Railway Passenger Services Adjustment Assistance Regulations (C.R.C., c. 342)

Short Title

1 These Regulations may be cited as the Railway Passenger Services Adjustment Assistance Regulations.

Interpretation

• 2 (1) In these Regulations,

  benefits

  benefits means the benefits and expenses referred to in subparagraph (c)(ii) of Department of Transport Vote 52d, Appropriation Act No. 1, 1977; (bénéfices)

  changes

  changes means changes in the provision, management or operation of selected Railway Passenger Services as a result of

  • (a) the implementation of the provisions of the contract between the Minister of Transport and VIA Rail Canada Inc., entered into pursuant to Department of Transport Vote 52d of Appropriation Act No. 1, 1977, or

  • (b) the discontinuance of a Railway Passenger Service; (changements)

  cost

  cost means the cost incurred by a railway company with respect to the provision of benefits; (coûts)

  government arrangement

  government arrangement means an arrangement between the Minister of Transport and a railway company with respect to the reimbursement of the prescribed portion of the cost; (entente gouvernementale)

  prescribed portion

  prescribed portion means the portion prescribed from time to time by the Governor in Council; (proportion déterminée)

  Railway Passenger Service

  Railway Passenger Service means a passenger train service that does not accommodate principally persons who commute between points on the railway; (service de transport ferroviaire de passagers)

  special agreement

  special agreement means an agreement between a railway company or railway companies and a trade union or trade unions with respect to the provision of benefits that result from the special agreement process; (accord spécial)

  special agreement process

  special agreement process means the negotiating process between a railway company and a trade union commenced with the undertaking between the parties that the arbitration provisions set out in these Regulations will apply to and be binding upon the parties in the event of the dispute between them on any matter arising in respect of the benefits and conditions referred to in subsection 5(2); (processus d’accord spécial)

  trade union

  trade union means an employee organization certified or recognized as bargaining agent for employees of a railway company. (syndicat)

• (2) Any word or expression used in these Regulations that is not defined in subsection (1) shall have the same meaning as in the Railway Act.

Application

3 The Minister of Transport may reimburse a railway company for the prescribed portion of the cost incurred by the company for the provision of benefits where

• (a) the cost results from changes implemented during the period beginning on March 29, 1977 and ending on December 31, 1990;

• (b) a special agreement exists between the railway company and a trade union or trade unions; and

• (c) a government arrangement exists between the railway company and the Minister of Transport.

Special Agreements

4 In negotiating a special agreement, the parties to the special agreement process shall, inasmuch as the following are generally incorporated in their existing job security agreements, give consideration to the following:

• (a) in so far as possible, ensuring continuing employment for the employees concerned;

• (b) where preferred and to the extent possible, keeping employees in gainful employment at the same location;

• (c) where necessary, training employees for alternative employment;

• (d) when required, providing appropriate assistance in relocation;

• (e) in so far as possible, avoiding loss of employees’ earnings;

• (f) developing a separation plan for the assistance of employees close to or eligible for retirement who wish to leave the work force;

• (g) minimizing seniority obstacles for the purpose of facilitating

  • (i) continuing employment by Canadian National Railway Company, Canadian Pacific Railway Limited, Toronto Terminal Railway Company or Toronto, Hamilton and Buffalo Railway Company, where mutually agreed to by the parties, and

  • (ii) the transfer of employees to VIA Rail Canada Inc.;

• (h) where employees are laid off, providing reasonable weekly lay-off benefits or severance payments; and

• (i) assisting employees unable to maintain their jobs to secure employment outside the railway industry.

• 5 (1) A special agreement shall provide for the benefits and the terms and conditions of those benefits contained in

  • (a) Railway Job Security, Technological, Operational, Organizational Changes Agreements between Canadian National Railway Company, Canadian Pacific Railway Limited and non-operating shop-craft or other unions; or

  • (b) Railway Material Change Agreements between Canadian National Railway Company, Canadian Pacific Railway Limited and United Transportation Union and Brotherhood of Locomotive Engineers.

• (2) A special agreement may provide for benefits and conditions in addition to those referred to in subsection (1), consistent with the principles referred to in section 4.

6 A special agreement shall be the only instrument applicable with respect to benefits and the words, terms and conditions of such an instrument shall not be amended, revised or otherwise changed without

• (a) a joint request from the parties to the special agreement; and

• (b) the consent, in writing, of the Minister of Labour.

7 A special agreement shall not provide for benefits to employees other than those adversely affected by the implementation of changes.

Arbitration

• 8 (1) Where, in negotiating a special agreement, a settlement has not been reached by the parties to the special agreement process (hereinafter referred to as “the parties”) on any issue arising under subsection 5(2) within 60 days after the date a railway company has served notice on a trade union, either party may inform the Minister of Labour, by notice in writing, of their failure to reach a settlement.

• (2) Within a reasonable period after his receipt of a notice referred to in subsection (1), the Minister of Labour or a representative designated by him shall confer with the parties in order to assist them in reaching a settlement.

• (3) Where the Minister of Labour or his representative is unsuccessful in assisting the parties in reaching a settlement, either party may, within seven days following the conference with the Minister of Labour or his representative, request, by notice in writing to the other party, that the matter be referred to a single arbitrator.

• (4) Where, within seven days of a request referred to in subsection (3), the parties cannot agree on the selection of an arbitrator, either party may submit to the Minister of Labour an application to appoint an arbitrator.

• (5) Within a reasonable period after his receipt of an application referred to in subsection (4), the Minister of Labour shall select and appoint an arbitrator.

• (6) On the appointment of an arbitrator, the parties shall prepare a joint statement of any issues arising under subsection 5(2) that remain in dispute and shall submit that statement to the arbitrator prior to the hearing.

• (7) Within 21 days of his appointment the arbitrator shall convene a hearing of the parties.

• (8) Within 60 days of his appointment the arbitrator shall make an award.

• (9) An arbitral award shall be final and binding on the parties and for the purposes of these Regulations shall be deemed to be an integral part of the special agreement.

• (10) An arbitral award, notwithstanding a decision to the contrary by the arbitrator as to its duration, shall be the only arbitral award applicable in respect of any matter referred to arbitration under this section.

• (11) Any time limit established pursuant to this section may be extended by agreement between the parties.

Non-unionized Employees

• 9 (1) Where non-unionized employees have been adversely affected by the implementation of changes, they shall be provided with benefits consistent with existing railway policies and practices and may be provided with additional benefits.

• (2) Every railway company affected by changes in Railway Passenger Services shall provide a detailed statement of the benefits to be provided to non-unionized employees pursuant to subsection (1) to the Minister of Transport and that statement shall, for the purposes of these Regulations, be considered to be a special agreement.

Government Arrangement

• 10 (1) A government arrangement shall not provide for the reimbursement of a greater portion of the cost than the prescribed portion.

• (2) A government arrangement shall not be executed until the appropriate special agreement has been signed by the parties to the special agreement.

Reimbursement

11 Reimbursement to a railway company of the prescribed portion of the cost shall be made in accordance with the appropriate government arrangement.

Records

12 A railway company shall keep detailed records of all transactions made by the company with respect to cost and shall make the records available for inspection by the Minister of Transport or his authorized representative on an agreed periodic basis.