CHAPTER 103
OF THE
REVISED STATUTES, 1989
1 This Act may be cited as the Corrections Act. R.S., c. 103, s. 1.
2 repealed 2005, c. 37, s. 96.
(a) "committal order" means a court order for the committal of a person to a correctional facility or a federal penitentiary;
(b) "correctional facility" means a jail, prison, correctional centre, facility or place designated or established pursuant to this Act for the custody of offenders but does not include a lock-up facility;
(c) "custody" means detention, physical care or control pursuant to a committal order or an arrest;
(d) repealed 2005, c. 37, s. 96.
(e) "lock-up facility" means a police or court facility for the custody of an offender upon arrest, pending a transfer to a correctional facility or pending a court hearing;
(f) "municipality" means a city, incorporated town or municipality of a county or district;
(g) "prescribed" means prescribed by the regulations. R.S., c. 103, s. 3; 2005, c. 37 s. 96.
(a) "Board" means the Correctional Facilities Employee Relations Board established pursuant to Section 8;
(b) "Minister" means the Solicitor General;
(c) "municipality" includes a board or commission of the municipality and includes a regional authority or joint expenditure board of which the municipality is a member;
(d) "Union" means the union determined pursuant to this Part. R.S., c. 103, s. 4.
5 The Minister has the general supervision and management of this Part. R.S., c. 103, s. 5.
(a) "insurance coverage" includes life insurance, medical insurance, dental plans, accident and sickness insurance, long-term disability insurance and liability insurance where provided by the relevant collective agreement or employment contract or by a union;
(b) "permanent employee" means a person who has completed the probationary period and is employed on a full-time basis to hold office without reference to any specified date of termination of service;
(c) "probationary employee" means a person who is employed on a full-time basis but who has worked less than the probationary period.
(2) There shall be appointed as prescribed such officers and employees as are necessary or advisable for the purpose of this Part.
(3) The Minister, or a person authorized by the Minister to act on the Minister's behalf, may appoint persons to work as volunteers for the purpose of this Part.
(4) Officers and employees designated by the Minister or of a prescribed class are peace officers.
(5) Every person employed by a municipality as a permanent employee or a probationary employee or a person employed on a regular part-time basis or a temporary employee or an employee to whom a collective agreement applies in respect of a correctional facility is and is deemed to be appointed as a public servant pursuant to this Part effective the first day of April, 1986, having the same status as a permanent employee or a probationary employee or a person employed on a regular part-time basis or a temporary employee or an employee to whom a collective agreement applies as that person had as a municipal employee immediately before that date.
(6) Notwithstanding subsection (5), a municipality, which immediately before the first day of April, 1986, employed persons in respect of a correctional facility, shall provide or continue to provide to each person employed in respect of that correctional facility insurance coverage, as provided by the collective agreement or employment contract with the municipality for an officer or employee in the same position, until the earlier of
(a) the effective date of the first collective agreement with Her Majesty in right of the Province pursuant to this Part; and
(b) the termination of the person's employment with Her Majesty in right of the Province,
and for the purpose of such insurance coverage, but for no other purpose, each such person is deemed to be or continue to be an employee of the municipality and every contract of insurance affected by this Section shall be read and construed accordingly.
(7) Where insurance coverage was provided through a union for a person employed at a correctional facility immediately before the first day of April, 1986, the union shall provide or continue to provide that insurance coverage to each person employed in respect of that correctional facility, until the earlier of
(a) the effective date of the first collective agreement with Her Majesty in right of the Province pursuant to this Part; and
(b) the termination of the person's employment with Her Majesty in right of the Province,
and every contract of insurance affected by this Section shall be read and construed accordingly.
(8) The Minister shall reimburse a municipality or a union for all premium costs incurred by the municipality or the union pursuant to subsection (6) or (7).
(9) Notwithstanding the Labour Standards Code, and in particular Section 6 thereof, a person who becomes an officer or employee pursuant to subsection (2) or (5) shall receive payment in lieu of vacation not taken on or before the thirty-first day of March, 1986, from the municipality which employed the person on that day, based on the last year's salary received from the municipality.
(10) The payment in lieu of vacation referred to in subsection (9) shall be made by the municipality forthwith after the fifteenth day of June, 1987.
(11) If a municipality fails to make a payment as required by subsections (9) and (10), the Province shall make that payment.
(12) Where the Province makes a payment in lieu of vacation pursuant to subsection (11), the municipality shall reimburse the Province and the reimbursement is a charge on the operating grant payable to the municipality pursuant to the Municipal Grants Act.
(13) Any benefits with respect to severance pay or payment for unused sick leave to which a person is entitled pursuant to a collective agreement or employment contract in respect of employment at a correctional facility in effect at the time of the takeover are preserved and are not affected by the takeover, the termination of that collective agreement or employment contract or the terms of a new collective agreement entered into between Her Majesty in right of the Province and the Union.
(14) Amounts of severance pay or payment for unused sick leave to which a person is or may become entitled pursuant to subsection (13) shall be calculated in accordance with the terms of the collective agreement or employment contract in effect at the time of the takeover and shall be paid by the Minister on the termination of the person's employment with Her Majesty in right of the Province.
(15) From the first day of April, 1986, until the effective date of the first collective agreement between Her Majesty in right of the Province and the Union, the terms of employment of a person to whom subsection (2) or (5) applies are the terms of employment immediately before the first day of April, 1986, for an officer or employee in the same position at the same correctional facility with the municipality except that
(a) subject to subsection (6), in any collective agreement a reference to the municipality or the employer is a reference to Her Majesty in right of the Province;
(b) the provisions of this Part, including Schedule A to this Act, respecting strikes and lockouts apply; and
(c) vacation shall only accrue on and after the first day of April, 1986, and vacation which accrues or will accrue during the fiscal year of the Province commencing on the first day of April, 1986, in accordance with the said terms of employment shall be taken during that fiscal year.
(16) Notwithstanding subsection (15), the Public Service Superannuation Act applies to a person to whom subsection (2) or (5) applies if that person is an employee within the meaning of the Public Service Superannuation Act.
(17) Except as herein otherwise provided, effective the first day of April, 1986, the Trade Union Act does not apply to the employment of a person to whom subsection (2) or (5) applies. R.S., c. 103, s. 6.
6A For the purpose of collective bargaining, the Public Service Commission is the agent of the Employer as defined in Schedule A. 2001, c. 4, s. 7.
7 (1) Subject to subsection (2), the Union is the Union determined pursuant to Section 7 of Chapter 6 of the Acts of 1986.
(ii) the Union no longer represents a majority of the employees in the unit; and
the Correctional Facilities Employee Relations Board shall, upon application by a member of the bargaining unit, conduct a vote by secret ballot to determine the wishes of employees in the bargaining unit and replace the Union with another union where the other union receives more than fifty per cent of the votes, and it shall become the Union for the purpose of this Part.
(3) No application may be made and no vote conducted pursuant to subsection (2)
(a) where a collective agreement is not in force but the Union has been recognized pursuant to this Act, after the expiry of twelve months from the date of recognition, but not before, except with the consent of the Correctional Facilities Employee Relations Board;
(b) where the collective agreement is for a term of not more than three years, except after the commencement of the last three months of the operation of the collective agreement; or
(c) where a collective agreement is in force and is for a term of more than three years, only
(ii) during the three-month period immediately preceding the end of each year that the collective agreement continues to operate after the third year of its operation, or
(iii) after the commencement of the last three months of its operation. R.S., c. 103, s. 7.
8 (1) The Governor in Council shall, following consultation with the Union, establish and appoint the members of a board, which shall be known as the "Correctional Facilities Employee Relations Board" and shall consist of three members.
(2) The Governor in Council shall appoint other persons as alternate members for each member of the Board and the Chairman of the Board may request an alternate member to attend a meeting of the Board when a member appointed pursuant to subsection (1) is unable to attend.
(3) No member of the Board shall be appointed for a term of office of more than five years.
(4) Upon the expiration of any term of office of a member, the member may be re-appointed for a term of not more than five years.
(5) The Governor in Council shall designate one of the members to be the Chairman of the Board.
(6) The Governor in Council may appoint another person as Vice-chairman to act in the place of the Chairman, or when the Chairman is unable to act, and the Chairman shall not sit as a member while the Vice-chairman is presiding and the Vice-chairman shall be deemed to be a member while so acting in the place of the Chairman.
(7) A majority of the members of the Board constitutes a quorum.
(8) A decision of the majority of the members of the Board present and constituting a quorum is the decision of the Board.
(9) Each member of the Board shall, before acting as such, take and subscribe before a judge of the Supreme Court or county court and shall file with the Minister, an oath or affirmation of office in the following form:
I do solemnly swear (affirm) that I will faithfully, truly and impartially, to the best of my judgement, skill and ability, execute and perform the office of member of the Correctional Facilities Employee Relations Board and will not, except in the discharge of my duties, disclose to any person any of the evidence or other matter brought before the said Board. So help me God.
9 (1) The Board and each member thereof has the powers, privileges and immunities of a commissioner appointed pursuant to the Public Inquiries Act, including, but not so as to limit those powers, the power to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things which the Board deems requisite to the full investigation of any matter within its jurisdiction.
(2) The Board may receive and accept any evidence and information on oath, affidavit or otherwise as in its discretion it may deem fit and proper, whether admissible as evidence in a court of law or not.
(3) The Board shall determine its own procedure, but shall in every case give an opportunity to all interested parties to present evidence and make representation. R.S., c. 103, s. 9.
10 The members of the Board shall be paid such remuneration as may be fixed by the Governor in Council and actual and reasonable expenses as may be incurred by them in the discharge of their duties. R.S., c. 103, s. 10.
12 (1) With the approval of the Governor in Council,
(a) and (b) repealed 2006, c. 37, s. 96.
(c) a member of the Executive Council may enter into an agreement with a municipality respecting the takeover of correctional facilities and, without limiting the generality of the foregoing, respecting the conveyance, re-conveyance or leasing of correctional facilities;
(d) repealed 2006, c. 37, s. 96.
(2) A municipality has all necessary power and authority to carry out the agreement referred to in subsection (1) and, notwithstanding any other special or general Act, may convey or lease real property pursuant to subsection (1) without the consent of the Minister of Municipal Affairs. R.S., c. 103, s. 12; 2006, c. 37, s. 96.
20 (1) The Minister, or a person authorized by the Minister to act on the Minister's behalf, may at any time inspect a lock-up facility.
(2) Where the Minister or person authorized by the Minister inspects a lock-up facility and, in the opinion of the Minister or the person so authorized, the lock-up facility does not meet prescribed standards, the Minister or person so authorized may make recommendations to the municipality operating the lock-up facility for changes to make the lock-up facility comply with the standards.
(3) Where the Minister or a person authorized by the Minister makes recommendations pursuant to this Section and those recommendations are not implemented within a reasonable time having regard to the nature of the recommendations, the Minister or person authorized by the Minister may close the lock-up facility or implement the recommendations or both.
(4) Where the Minister or a person authorized by the Minister closes a lock-up facility pursuant to this Section, the Minister or person so authorized shall transfer all persons detained in the lock-up facility to a correctional facility, or to the lock-up facility of a municipality with the agreement of the municipality operating the lock-up facility to which the persons are transferred, until the lock-up facility is re-opened and upon such transfer to a correctional facility such persons are and are deemed to be inmates of the correctional facility for the purpose of this Part.
(5) Where the Minister or person authorized by the Minister transfers persons to a correctional facility or a lock-up facility pursuant to subsection (4), the municipality operating the lock-up facility from which the persons are transferred shall reimburse the Minister, and where applicable the municipality operating the lock-up facility to which the persons are transferred, for all expenses or costs incurred to transfer the persons or resulting from the transfer.
(6) Where the Minister or person authorized by the Minister implements recommendations in respect of a lock-up facility in accordance with this Section, the municipality operating the lock-up facility shall reimburse the Minister for all expenses or costs incurred to implement the recommendations. R.S., c. 103, s. 20.
21 (1) and (2) repealed 2005, c. 37, s. 96.
(3) Every municipality shall provide a lock-up facility for the municipality or enter into an agreement with the Minister for the provision by the Minister of the services of a correctional facility for a lock-up facility. R.S., c. 103, s. 21; 2005, c. 37, s. 96.
22 (1) The Governor in Council may make regulations
(a) to (c) repealed 2005, c. 37, s. 96.
(d) respecting the operation, management, supervision, administration and inspection of lock-up facilities;
(e) to (z) repealed 2005, c. 37, s. 96.
(aa) respecting supplementary long term disability payments based on unused sick leave credits;
(ab) respecting the transfer of superannuation contributions and benefits from a municipality to the Province in respect of an employee transferred from the municipality to the Province pursuant to this Act;
(ac) exempting an employee or employees from the Public Service Superannuation Act;
(ad) defining any word or expression used in this Act and not defined herein;
(ae) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Part.
(2) The Governor in Council may make regulations which apply generally or which apply to a specific correctional facility or class of inmate.
(3) A regulation made pursuant to clause (aa) of subsection (1) may, if it so provides, be made retroactive in its operation to a day not earlier than the first day of April, 1986.
(4) The exercise by the Governor in Council of the authority contained in this Section shall be regulations within the meaning of the Regulations Act. R.S., c. 103, s. 22; 2005, c. 37, s. 96.
23 (1) An employee who contravenes Schedule A to this Act or fails to do anything required of an employee by Schedule A to this Act is guilty of an offence and liable upon summary conviction to a fine of not more than one hundred dollars for each day during which the contravention or failure occurs or continues.
(2) Every person acting on behalf of Her Majesty in right of the Province who declares or causes a lockout contrary to Schedule A to this Act is liable upon summary conviction to a penalty not exceeding three hundred dollars for each day that the lockout exists.
(3) If the Union declares or authorizes a strike contrary to Schedule A to this Act, it is liable upon summary conviction to a penalty not exceeding three hundred dollars for each day that the strike exists.
(4) Every officer or representative of the Union who declares or authorizes a strike contrary to Schedule A to this Act is liable upon summary conviction to a penalty not exceeding three hundred dollars for each day that the strike exists. R.S., c. 103, s. 23.
(a) "base year costs" means the base year costs set out in Schedule B to this Act for a municipality;
(b) "dwelling unit" means a dwelling unit as defined by the Municipal Grants Act;
(c) "first fiscal year" means the fiscal year commencing on the first day of April, 1986;
(d) "fiscal year" means the fiscal year of the Province;
(e) "Minister" means the Minister of Municipal Affairs;
(f) "uniform assessment" means uniform assessment as calculated pursuant to the Municipal Grants Act. R.S., c. 103, s. 24.
25 The Minister has the general supervision and management of this Part. R.S., c. 103, s. 25.
26 (1) The total annual municipal corrections contribution for the first fiscal year is eleven million, two hundred and thirty-nine thousand, nine hundred and fifty-seven dollars.
(2) In each fiscal year commencing after the first fiscal year, the total annual municipal corrections contribution is the greater of
(a) the contribution for the first fiscal year; and
(b) the contribution for the immediately preceding fiscal year varied by the same proportion as the total operating grants to municipalities pursuant to the Municipal Grants Act.
(3) Notwithstanding subsection (2), in the fiscal year commencing April 1, 1995, and subsequent fiscal years, the total annual municipal corrections contribution is the contribution for the immediately preceding fiscal year varied by the same percentage as the variation in the cost of living over the immediately preceding calendar year as measured by the change in the Consumer Price Index for Canada prepared by Statistics Canada. R.S., c. 103, s. 26; 1990, c. 19, s. 36; 1994-95, c. 7, s. 16.
27 Each municipality shall pay in each fiscal year an annual municipal corrections contribution equal to
(a) for the first five fiscal years to which this Part applies, its contribution for the fiscal year calculated pursuant to Section 28 minus its transitional expenditure guarantee for the fiscal year calculated pursuant to Section 29; and
(b) thereafter, its contribution for the fiscal year calculated pursuant to Section 28. R.S., c. 103, s. 27.
28 A municipality's annual municipal corrections contribution is the sum of
(a) fifty per cent of the total annual municipal corrections contribution divided by the total uniform assessment for all municipalities multiplied by the uniform assessment for the municipality; and
(b) fifty per cent of the total annual municipal corrections contribution divided by the total number of dwelling units for all municipalities multiplied by the number of dwelling units in the municipality. R.S., c. 103, s. 28.
29 (1) A municipality's transitional expenditure guarantee for the first fiscal year equals the amount, if any, by which the municipality's annual municipal corrections contribution for the fiscal year calculated pursuant to Section 28 exceeds its base year costs.
(2) A municipality's transitional expenditure guarantee for each fiscal year after the first fiscal year equals the lesser of
(a) the municipality's transitional expenditure guarantee for the immediately preceding fiscal year; and
(b) the amount, if any, by which the municipality's annual municipal corrections contribution for that fiscal year calculated pursuant to Section 28 exceeds its base year costs.
(3) This Section does not apply after the thirty-first day of March, 1991. R.S., c. 103, s. 29.
30 (1) A municipality shall pay its annual municipal corrections contribution in four equal, quarterly instalments in April, July, October and January of each fiscal year.
(2) Any amount owing to the Province by a municipality is a first charge on the municipality's entitlement to a grant pursuant to the Municipal Grants Act. R.S., c. 103, s. 30.
31 (1) In this Section, "debt charges" means the principal and interest, other than arrears of principal and interest, on debentures issued or other borrowings incurred by a municipality or the Metropolitan Authority for any purpose related to the capital costs of construction of correctional centres and county jails, except that in the case of the Metropolitan Authority "debt charges" means the interest only on outstanding sinking fund debentures.
(2) On the first day of April, 1986, and in accordance with an agreement entered into pursuant to subsection (1) of Section 12, the Province shall assume the payment of all debt charges.
(3) Where a correctional facility is returned to a municipality, the Province shall cease the payment of debt charges in respect of the facility.
(4) Where the Province leases a building or facility or part thereof or land from a municipality for a correctional facility, the Province shall pay the portion of the debt charges applicable to the leased space during the life of the lease. R.S., c. 103, s. 31.
32 (1) The Governor in Council may make regulations
(a) defining any word or expression used in this Part and not defined herein;
(b) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Part.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) shall be regulations within the meaning of the Regulations Act. R.S., c. 103, s. 32.
33 For greater certainty, every contract, conveyance, act or proceeding entered into, executed, done or taken to give effect to the takeover of correctional facilities by Her Majesty in right of the Province is and is deemed to be valid and have force and effect and be binding upon every person affected by it to the same extent as if Chapter 6 of the Acts of 1986 were enacted prior to the time the contract, conveyance, act or proceeding was entered into, executed, done or taken. R.S., c. 103, s. 33.
(a) "Act" means the Corrections Act;
(b) "adjudication" means a procedure to determine a rights dispute;
(c) "arbitration" means a procedure to determine an interest dispute;
(d) "bargaining unit" means the bargaining unit determined pursuant to this Schedule;
(e) "Board" means the Correctional Facilities Employee Relations Board established by the Act;
(f) "collective agreement" means an agreement in writing between the employer and the Union entered into pursuant to this Schedule;
(g) "employee" means a person appointed pursuant to the Act and who is not excluded from collective bargaining as provided by Paragraph 6;
(h) "Employer" means Her Majesty in right of the Province through the agency of the Minister;
(i) "interest dispute" means a dispute to which Paragraphs 8 to 28 of this Schedule apply and is a dispute arising between the Employer and the employee as to the content of a collective agreement;
(j) "lockout" includes the closing of a place of employment, a suspension of work or a refusal by the Minister on behalf of the Government to continue to employ a number of its employees done to compel the employees, or to aid another employer to compel its employees, to agree to terms or conditions of employment;
(k) "rights dispute" means a dispute to which Paragraphs 29 to 33 apply and is a dispute arising during the life of a collective agreement respecting the application, interpretation or alleged violation of the agreement;
(l) "strike" includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding for the purpose of compelling the Minister to agree to terms or conditions of employment or to aid other employees in compelling their employer to agree to terms or conditions of employment;
(m) "Union" means the union representing the employees as provided by the Act.
(a) may make rules governing its procedure under this Schedule; and
(b) with approval of the Governor in Council, may make regulations necessary to enable it to discharge the duties imposed upon it by this Schedule.
(2) The exercise by the Board of the authority contained in clause (1)(b) shall be regulations within the meaning of the Regulations Act.
3 (1) The Board may for the purposes of this Schedule make or issue such orders, notices, directives, declarations, or other decisions as it considers necessary with or without conditions.
(2) If any order, directive or decision is made by the Board pursuant to this Schedule and such order, directive or decision is not complied with, the Board may, on the request of the Union, an employee or the Employer, file a copy of the order, directive or decision with a prothonotary and upon such filing, the order, directive or decision becomes a decision of the Supreme Court and be enforceable as such.
4 (1) An order, notice, directive, declaration, or other decision that the Board makes may be issued on its behalf by the Chairman or by any other person authorized by the Board to do so.
(2) An order, notice, directive, declaration, or other decision purporting to be signed by the Chairman or an authorized person shall be admitted in evidence as prima facie proof
(a) of the order, notice, directive, declaration or other decision; and
(b) that the person signing it was authorized to do so, without proof of the appointment, authorization or signature of the Chairman or the person authorized.
5 (1) The Board is empowered to decide for the purposes of this Schedule whether
(b) the parties to a dispute have settled the terms and conditions to be included in a collective agreement;
(c) a collective agreement has been entered into;
(d) a person is bound by a collective agreement;
(e) a collective agreement is in effect;
(f) a person practices a profession as a condition of employment;
(g) there has been every reasonable effort to conclude a collective agreement;
(2) If a question arises as to whether a person is or is not to be included in a bargaining unit or any other unit for collective bargaining which cannot be settled by the persons concerned, the question shall be referred to the Board and its decision is final and binding.
6 Notwithstanding clause 1(g), no person is an employee for the purpose of this Schedule who is
(a) locally engaged outside the Province;
(b) employed on a casual basis for less than twelve continuous months;
(c) a manager or superintendent, or any other person who in the opinion of the Board is employed in a confidential capacity in matters relating to labour relations or who exercises management functions;
(d) a member of the medical, dental, architectural, engineering or legal profession qualified to practise under the laws of a province and employed in that capacity.
7 (1) The Employer and the Union may determine by consultation which employees or classes of employees are in the bargaining unit.
(2) Such determination shall be made by the Employer and the Union within thirty days immediately following any notice given by the Employer to the Union or the Union to the Employer for this purpose.
(3) If the Employer and the Union are not able to agree upon the employees or classes of employees who are in the bargaining unit within thirty days from the date a notice is given pursuant to subparagraph (2), then such determination shall be made by the Board.
8 The Union and the Employer may enter into negotiations to effect a collective agreement on behalf of employees in the bargaining unit.
9 A collective agreement entered into by the Employer and the Union is, subject to and for the purposes of this Schedule, binding upon
(a) the Union and every employee represented by the Union on whose behalf the agreement has been entered into; and
10 The provisions of a collective agreement shall be implemented by the Union and the Employer
(a) where a period within which the collective agreement is to be implemented as specified in the collective agreement, within that period; and
(b) where no period for the implementation is so specified, within a period of ninety days from the date of its execution.
11 (1) A collective agreement has effect in respect of the employees covered by it on and from
(a) where an effective date is specified, that day; and
(b) where no effective date is specified, the first day of the first full bi-weekly pay period next following the date on which the agreement is executed.
(2) The Union and the Employer shall not enter into a collective agreement having a specified term of less than one year and shall not amend an agreement so as to produce a term of less than one year.
(3) Where a collective agreement contains no provision as to its term it shall be deemed to be for a term of one year from the day on and from which it has effect pursuant to subparagraph (1).
12 Where the Employer and the Union are parties to a collective agreement, either one of them may within a period of three months next preceding the date of the expiry of the term of or preceding termination of the agreement by notice in writing require the other party to the agreement to commence collective bargaining.
13 Where a notice to commence collective bargaining has been given, either under this Schedule or in accordance with a collective agreement which provides for a revision of a provision of the agreement the Employer and the Union shall, without delay, and in any case within twenty clear days after notice has been given or such further time as the parties may agree, meet and commence or cause authorized representatives on their behalf to meet and commence to bargain collectively with one another and shall make every reasonable effort to conclude and sign a collective agreement.
14 Where a notice to commence collective bargaining has been given and
(a) collective bargaining has not commenced within the time prescribed by this Schedule;
(b) collective bargaining has commenced and either party thereto requests the Board in writing to instruct a conciliation officer to confer with the parties thereto to assist them to conclude a collective agreement or a renewal or revision thereof and the request is accompanied by a statement of the difficulties, if any, that have been encountered before the commencement or in the course of the collective bargaining; or
(c) in any other case in which in the opinion of the Board it is advisable so to do,
the Board may instruct a conciliation officer to confer with the Union and the Employer.
15 (1) Where a conciliation officer has been instructed to confer with the Union and the Employer engaged in collective bargaining or to any dispute, the conciliation officer shall, within fourteen days after being so instructed or within any longer period that the Board may from time to time allow, make a report to the Board setting out
(a) the matters, if any, upon which the Union and the Employer have agreed;
(b) the matters, if any, upon which the Union and the Employer cannot agree; and
(c) any other matter that in the opinion of the conciliation officer is material or relevant or should be brought to the attention of the Board.
(2) When a conciliation officer has made a report under subparagraph (1) the conciliation officer shall forthwith advise the Union and the Employer to the dispute that a report has been made.
16 Notwithstanding any enactment or law, a conciliation officer shall not be compelled or required to give in evidence before any court, body or person having authority to receive evidence any information of any kind obtained by the conciliation officer for the purposes of this Schedule or in the course of duties of the conciliation officer under this Schedule.
17 (1) All terms and conditions of employment except pensions are arbitral for the purpose of Paragraph 18.
(2) Unless it is otherwise agreed in a collective agreement between the Employer and the Union, it is the exclusive function of the Employer to
(a) maintain order, discipline and efficiency;
(b) hire, discharge, direct, classify, reclassify, transfer, promote, demote, lay off, transfer and assign employees, determine the location of work and suspend or otherwise discipline an employee, provided that a claim for discriminatory promotion, demotion or transfer or a claim that an employee has been discharged, suspended, disciplined or demoted without reasonable cause may be the subject of a grievance where a collective agreement provides for a grievance procedure;
(c) without restricting the generality of the foregoing, immediately discharge an employee who is found guilty of any of the following offences:
(ii) falsely and fraudulently claiming or reporting illness,
(iii) stealing, giving away or appropriating to that person's own use or that of another person, any money, supplies, materials or other property of value belonging to the Employer, whether property is of value or not is to be determined by the superintendent of the facility,
(iv) refusing to obey a legitimate order from management or, without undue provocation, is insubordinate to representatives of management,
(v) making the affairs of the facility or any occurrence therein or any matter relating to an inmate or the conduct of any employee the subject of conversation or gossip, or imparting to any person any information as to such matters except when required to do so in the discharge of that person's duty by the Employer or the superintendent of the facility,
(vi) bringing any intoxicating liquor or drug onto the facility premises or allowing the same to be brought in, except where the same is prescribed by a licensed medical practitioner for the use of the employee;
(d) manage and operate its facilities in all respects and, without restricting the generality of the foregoing, to select, control and direct the use of all materials required in the operation of the facility, to require suitable dress, to schedule the work and services to be provided and performed, to make, alter and enforce rules, regulations and standing orders governing the conduct of employees and the use of materials, equipment and services as may be deemed necessary in the interests of the safety and well-being of inmates of the facility and of the public.
18 (1) Where the Employer and the Union have bargained collectively with a view to concluding a collective agreement but have failed to reach agreement, the Employer or the Union or both shall refer those terms and conditions of employment that are in dispute and are arbitral terms and conditions of employment within Paragraph 17 to the Board and request that an arbitration board be established to resolve those terms and conditions.
(2) A request by either or both of the parties under subparagraph (1) shall
(a) if it is made by the Employer, be accompanied by a list of the arbitral items it claims are in dispute and that the Employer wishes to be referred to arbitration at that time;
(b) if it is made by the Union, be accompanied by a list of the arbitral items it claims are in dispute and that the Union wishes to be referred to arbitration at that time; or
(c) if it is made jointly, be accompanied by a list of the arbitral items that each party claims are in dispute and that each wish to be referred to arbitration at that time.
(3) Upon receipt of a request by either party under subparagraph (1), the Board shall as soon as possible send a copy of the request and the list of arbitral items and claimed to be in dispute, to the other party.
(4) The party receiving the copy of the request for the appointment of an arbitration board shall within ten days of receipt of the copy send those items to the Board and send a copy of them to the other party to the dispute.
19 Where a request for the establishment of an arbitration board is made by either the Employer or the Union, the Board shall establish an arbitration board.
20 (1) Where the Board agrees to establish an arbitration board, it shall notify the parties to the dispute in writing accordingly and require each of them within ten days to appoint a person to act as a member of the arbitration board.
(2) The two persons appointed to act as members of an arbitration board shall appoint a third person to act as a member and chairman of the arbitration board within ten days of the date the second person is appointed.
21 (1) If the Employer or the Union fails to appoint a person as a member of an arbitration board, the Board shall appoint a person to act as a member on its or their behalf.
(2) Where the two persons appointed as members of an arbitration board fail to appoint a person to act as a member and chairman, the Board shall appoint a person to act as a member and chairman on their behalf.
22 (1) Where three persons are appointed to act as members of an arbitration board, the Board, by notice in writing to the chairman, shall
(a) establish the members as an arbitration board; and
(b) list the arbitral items in dispute to be resolved by the arbitration board.
(2) An arbitration board remains constituted until it is dissolved by the Board by notice in writing to the chairman of the arbitration board.
(3) No person shall be appointed a member of a board who has any direct pecuniary interest in the matters coming before it or who is acting or has, within a period of six months immediately preceding the date of appointment, acted as a solicitor, counsel or agent of either of the parties.
(4) Where a member appointed under Paragraph 20 or 21 ceases to act by reason of resignation, death or otherwise before the board has completed its work, the party whose point of view the member represented shall, within ten days of the member so ceasing to act, appoint a replacement and notify in writing the other party and the Board of the name and address of the replacement, and where the party fails to so appoint a replacement or to notify the Board, the Board shall appoint as a replacement such person as the Board considers suitable and the board of arbitration shall continue to function as if the replacement member were a member of the board from the beginning.
(5) Where the chairman of an arbitration board fails or is unable to enter on or to carry on duties so as to enable the board to render a decision within a reasonable time after its establishment, the other members of the Board may appoint a new chairman or, if they fail to appoint a chairman, the Board shall appoint a chairman, and the arbitration shall begin de novo.
23 (1) As soon as possible after making an inquiry into the arbitral items in dispute referred to it, the arbitration board shall make an award and in its award deal with each arbitral item in dispute.
24 (1) Upon making an arbitral award the arbitration board shall
(a) file a copy of it with the Board; and
(b) serve a copy of it on the Employer and the Union in person or by registered mail.
25 (1) An arbitral award of an arbitration board is binding upon
(a) the Union and every employee in the unit on whose behalf it was bargaining collectively; and
(2) Subject to subparagraphs 27(5) and (6), the terms of an arbitral award relating to entering into, renewing or revising a collective agreement shall be included in a collective agreement.
26 Arbitration shall be conducted by an arbitration board appointed pursuant to this Act which board shall determine its own procedure but shall give full opportunity to the Union and the Employer to present evidence and make submissions to it.
27 (1) The arbitration board has the jurisdiction to determine and render a decision only in respect of those matters referred to it by the Board.
(2) In the conduct of proceedings before it and in rendering a decision, the arbitration board may consider any factor that to it appears to be relevant to the matter in dispute including
(a) the needs of the Province and its agencies for qualified employees;
(b) where the employment is comparable or similar employment to that found in both the public and private sectors in the Province, the conditions of employment in the public and private sectors in the Province;
(c) the desirability to maintain appropriate relationships in the conditions of employment as between classifications in the public service; and
(d) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, work performed, the responsibility assumed and nature of services rendered.
(3) The decision of the majority of the members of the arbitration board is the decision of the board but if there is no majority, the decision of the chairman is the decision of the board.
(4) Every arbitral award of the arbitration board shall be signed by the chairman.
(5) The Board may upon application by either party to an arbitral award, within ten days after the release of the arbitral award, give the parties an opportunity to make representations thereon to the Board, and amend the arbitral award where it is shown to the satisfaction of the Board that the arbitration board has failed to deal with any matter in dispute referred to the arbitration board or that an error is apparent on the face of the arbitral award.
(6) Notwithstanding that an arbitration board has rendered an arbitral award, such arbitral award is of no force and effect if the Employer and the Union enter into a collective agreement concerning the subject-matter of the arbitral award within seven days from the time the arbitral award was rendered.
(7) The Union shall pay the fees and expenses of the member appointed to the arbitration board by or on behalf of the Union, the Employer shall pay the fees and expenses of the member appointed to the arbitration board by or on behalf of the Employer, and the Union and the Employer shall each pay one half of the fees of, and expenses incurred by, the chairman of the arbitration board.
28 No collective agreement or arbitral award of an arbitration board shall contain any provision which would require either directly or indirectly for its implementation the enactment or amendment of legislation.
29 (1) Every collective agreement shall contain a provision for final settlement without stoppage of work, by adjudication or otherwise, of all differences between the parties to or persons bound by the agreement or on whose behalf it was entered into, concerning its meaning or violation.
(2) Where a collective agreement does not contain a provision as required by this Paragraph, it shall be deemed to contain the following provision:
Where a difference arises between the parties relating to the interpretation or application of this agreement, including any question as to whether or not a matter is adjudicable within the meaning of subparagraph 29(4) of the Schedule to Part I of the Corrections Act or where an allegation is made that this agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference or allegation to adjudication.
(3) Every party to and every person bound by the agreement, and every person on whose behalf the agreement was entered into, shall comply with the provision for final settlement contained in the agreement.
(4) Where a collective agreement provides for a grievance procedure and the Employer, the Union or an employee entitled under the collective agreement to present a grievance has presented a grievance up to and including the final level in the grievance process with respect to
(a) the interpretation or application in respect of the Employer, the Union or an employee of a provision of a collective agreement; or
(b) disciplinary action resulting in discharge, suspension or a financial penalty,
and the grievance has not been dealt with to the satisfaction of the Employer, the Union or an employee, then the Employer, the Union or an employee affected may, subject to subparagraph (5), refer the grievance to adjudication.
(5) Where a grievance within the meaning of subsection (4) is presented, the employee is not entitled to refer the grievance to adjudication unless the Union signifies in prescribed manner
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the employee in the adjudication proceedings.
30 (1) Where a grievance is referred to adjudication, it shall be dealt with by either a single adjudicator or a board of adjudication.
(2) Where the Employer and the Union are agreed that a matter should be referred to a single adjudicator and they are able to agree upon the adjudicator, then such adjudicator shall be appointed by the Board.
(3) Where the Employer and the Union are agreed that a matter should be referred to a single adjudicator but are unable to agree to the adjudicator within five days after a grievance is referred to adjudication, then the single adjudicator shall be appointed by the Board.
(4) Where the Employer and the Union are unable to agree that a matter should be dealt with by a single adjudicator within five days after a grievance is referred to adjudication, then it shall be dealt with by a board of adjudication.
31 (1) When an adjudication board is required the Board shall appoint a board which shall be composed of
(a) one member nominated by the Union;
(b) one member nominated by the Employer; and
(c) a chairman appointed pursuant to subparagraph (2) or (3), all of whom shall hold office until the matter referred to the adjudication board is decided by it.
(2) The two members appointed pursuant to subparagraph (1) shall, within five days after the day on which they are appointed, nominate a third person who is willing and ready to act to be a member and chairman of the adjudication board and the Board shall forthwith appoint that person to be a member and chairman of the adjudication board.
(3) If the two members appointed under subparagraph (1) fail or neglect to make a nomination within five days after their appointment the Board shall forthwith appoint the third member.
(4) When the adjudication board has been appointed, the Board shall forthwith notify the parties of the names of the members of the board.
(5) Where there is an adjudication board, the decision of the majority of the adjudication board is the decision of the board but if there is no majority, the decision of the chairman is the decision of the board.
(6) Every decision of an adjudicator shall be signed by the adjudicator and in the case of an adjudication board, signed by the chairman and shall be transmitted to the employer and the Union within thirty days of the last day of the hearing or such longer period as is agreed to by the parties.
(7) The Union and the Employer shall each pay one half of the fees of, and the expenses incurred by, a single adjudicator.
(8) The Union shall pay the fees and expenses of the member appointed to the adjudication board by the Union, the Employer shall pay the fees and expenses of the member appointed to the adjudication board by the Employer and the Union, and the Employer shall each pay one half of the fees of, and expenses incurred by, the chairman of the adjudication board.
(9) A copy of the decision shall be filed with the Minister of Labour by the single adjudicator or by the chairman of the adjudication board, as the case may be.
32 (1) No grievance shall be referred to adjudication and no adjudicator or adjudication board shall hear or render a decision on a grievance until all procedures established for the presenting of the grievance up to and including the final level in the grievance process have been complied with.
(2) No adjudicator or adjudication board shall, in respect of any grievance, render any decision thereof the effect of which would be to require the amendment of a collective agreement.
33 (1) Where a grievance is referred to adjudication, the adjudicator or adjudication board shall give both parties to the grievance an opportunity to be heard.
(2) Where a decision on any grievance referred to adjudication requires any action by or on the part of the Employer, the Employer shall take such action.
(3) Where a decision on any grievance requires any action by or on the part of the employee or the Union or both of them, the employee or the Union, or both, as the case may be, shall take such action.
(4) Where an adjudicator or an adjudication board determines that an employee has been discharged or disciplined by the Employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject of the adjudication, the adjudicator or the adjudication board has power to substitute for the discharge or discipline any other penalty that to the adjudicator or the adjudication board seems just and reasonable in the circumstances.
(2) Nothing in this Act shall be interpreted to prohibit the suspension or discontinuance of operations in the Employer's establishment, in whole or in part, not constituting a lockout or strike.
35 The Union shall not sanction, encourage or support, financially or otherwise, a strike by its members or any of them who are governed by the provisions of this Schedule.
36 The Employer or a person acting on behalf of the Employer shall not
(a) refuse to employ or terminate the employment of any person or discriminate against any person in regard to employment or any term or condition of employment because the person
(ii) has testified or otherwise participated or may testify or otherwise participate in a proceeding under this Schedule,
(iii) has made or is about to make a disclosure that the person may be required to make in a proceeding under this Schedule, or
(iv) has made an application or filed a complaint under this Schedule;
(b) impose any condition in a contract of employment that restrains, or has the effect of restraining, an employee from exercising any right conferred upon the employee by this Schedule;
(c) seek by intimidation, threat of dismissal or any other kind of threat, by the imposition of a pecuniary or other penalty or by any other means, to compel a person to refrain from becoming or to cease to be a member, officer or representative of the Union.
37 The Union or a person acting on behalf of the Union shall not
(a) except with the consent of the Employer, attempt, at an employee's place of employment during the working hours of the employee, to persuade the employee to become, to refrain from becoming or to cease to be a member of the Union;
(b) use coercion or intimidation of any kind with respect to any employee with a view to encouraging or discouraging membership or activity in the Union;
(c) discriminate against a person in regard to employment or membership in the Union, or intimidate or coerce a person or impose a pecuniary or other penalty on a person, because the person
(ii) has made or is about to make a disclosure that the person may be required to make in a proceeding authorized or permitted under a collective agreement or a proceeding under this Schedule, or
(iii) has made an application or filed a complaint under this Schedule.
38 (1) The question as to whether or not a matter is an arbitral term and condition is a question of law.
(2) An arbitration board, adjudicator or an adjudication board may of its own motion or upon application of the employer or the Union state a case in writing for the opinion of the Appeal Division of the Supreme Court upon any question which is a question of law.
(3) A like reference to that contained in subparagraph (2) may also be made by the Board.
(4) The Appeal Division of the Supreme Court shall hear and determine questions of law arising as a result of a stated case taken pursuant to subparagraph (2) or (3) and remit the matter to the arbitration board, the adjudicator, the adjudication board or the Board, whichever is appropriate under the circumstances with the opinion of the Court thereon.
39 This Schedule is binding upon Her Majesty in right of the Province.
R.S., c. 103, Sch. A; 2000, c. 4, ss. 5, 6.
Town of Port Hawkesbury 58,677
Municipality of the County of Annapolis 73,149
Municipality of the County of Antigonish 106,510
Municipality of the District of Argyle 78,288
Municipality of the District of Barrington 16,584
Municipality of the County of Cape Breton 919,470
Municipality of the District of Chester 90,898
Municipality of the District of Clare 34,107
Municipality of the County of Colchester 214,221
Municipality of the County of Cumberland 257,614
Municipality of the District of Digby 99,825
Municipality of the District of Guysborough 62,100
Municipality of the County of Halifax 1,102,346
Municipality of the District of East Hants 96,020
Municipality of the District of West Hants 84,300
Municipality of the County of Inverness 195,338
Municipality of the County of Kings 600,344
Municipality of the District of Lunenburg 159,053
Municipality of the County of Pictou 263,477
Municipality of the County of Queens 105,895
Municipality of the County of Richmond 95,480
Municipality of the District of Shelburne 42,376
Municipality of the District of St. Mary's 14,202
Municipality of the County of Victoria 141,918
Municipality of the District of Yarmouth 94,424
