BILL NO. 59

1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998

Private Member's Bill

Trade Union Act
(amended)

Frank Corbett
Cape Breton Centre

First Reading: November 2, 1998

(Explanatory Note)

Second Reading:

Third Reading:

This Bill provides for collective-bargaining successor rights upon

(a) the transfer of employees of the Crown to another employer;

(b) the transfer of a business from federal to provincial jurisdiction;

(c) the transfer of a business to a receiver who continues to operate the business;

(d) the transfer of a contract for services; and

(e) the issuance of a franchise.

Be it enacted by the Governor and Assembly as follows:

1 Subsection 4(1) of Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, is amended by adding "and Section 31A" immediately after "(1)" in the first line.

2 Chapter 475 is further amended by adding immediately after Section 31 the following Section:

31A (1) Where employees of Her Majesty in right of the Province are transferred to another employer, Section 31 applies.

(2) Where collective bargaining relating to a business is governed by the laws of Canada and that business or part of it is sold, leased, transferred or otherwise disposed of and becomes subject to the laws of the Province, Section 31 applies.

(3) Where the assets of an employer pass to a receiver appointed under a financial instrument or under a federal or provincial statute and the receiver continues to operate the business or the operations thereof or any part of either of them, Section 31 applies as if the employer had transferred or agreed to transfer the employer's business or the operations thereof or the part of either of them, as the case may be.

(4) Where a person who has contracted with an employer to obtain certain services contracts with another employer to obtain the same services, or part of them, Section 31 applies as if the employer had transferred or agreed to transfer part of the employer's business or the operations thereof.

(5) In Section 31, "transfer" of a business includes the issuance of a franchise.