Hyperlawhypertext legal database Newfoundland Railway Reimbursement Regulations current to 2019-06-21

SOR-81-569 Newfoundland Railway Reimbursement Regulations

Current to 2019-06-21 · last amended 2006-03-22

Contents
Provision

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Treasury Board, pursuant to Transport Vote 91b of Appropriation Act No. 3, 1980-81, is pleased hereby to make the annexed Regulations respecting reimbursement of a portion of the costs incurred by Canadian National Railway Company and CN Marine Inc. for benefits provided to their adversely affected employees in respect of changes of a permanent nature arising from the rationalization of railway operations in Newfoundland.

Short Title

s. 1

These Regulations may be cited as the Newfoundland Railway Reimbursement Regulations.

Interpretation

s. 2

In these Regulations,

s. 2, definition “cn marine”

CN Marine means CN Marine Inc.; (CN Marine)

s. 2, definition “cnr”

CNR means the Canadian National Railway Company; (CNR)

s. 2, definition “job security agreement”

Job Security Agreement means the Job Security, Technological, Operational and Organizational Change Agreement between CNR and non-operating, shopcraft or other unions signed at Montreal, Quebec on the 26th day of April, 1979; (Convention sur la sécurité d’emploi

s. 2, definition “material change agreement”

Material Change Agreement means any agreement with material change provisions between CNR and the United Transportation Union signed at Montreal, Quebec on the 26th day of April, 1979; (Convention sur les changements matériels)

s. 2, definition “special agreement”

Special Agreement means the Special Agreement Between Canadian National Railway Company and the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, the Canadian Brotherhood of Railway Transport and General Workers, the United Transportation Union, the Railways Employees Department Division No. 4 A.F. of L. — C.I.O., the Brotherhood of Maintenance of Way Employees and the Brotherhood of Railroad Signalmen signed at St. John’s, Newfoundland on the 30th day of January, 1981; (Accord spécial)

s. 2, definition “vote”

Vote means Department of Transport Vote 105 of Appropriation Act No. 2, 1984-85. (crédit)

s. 3

The Minister of Transport may, in respect of costs incurred by CNR for benefits that are described in the Vote and provided during the period from April 1, 1985 to March 31, 1993 to its employees whose positions were eliminated on or before March 31, 1986, reimburse CNR for

s. 3(a)

80% of those costs incurred for benefits that are provided to an employee pursuant to

s. 3(a)(i)

the Job Security Agreement,

s. 3(a)(ii)

the Material Change Agreement, or

s. 3(a)(iii)

the policies and authorities of CNR in force before January 23, 1981

or that would be provided to an employee pursuant to an agreement described in subparagraph (i) or (ii) if the Special Agreement were not in force; and

s. 3(b)

100% of those costs incurred for benefits that are additional to the benefits described in paragraph (a) provided to an employee pursuant to

s. 3(b)(i)

the Special Agreement, or

s. 3(b)(ii)

the policies and authorities of CNR in force before January 23, 1981.

s. 4

No reimbursement shall be made in respect of an employee pursuant to section 3 unless CNR or CN Marine, whichever is the employer of that employee,

s. 4(a)

has kept a record of all information related to the costs for which CNR or CN Marine, as the case may be, is to be reimbursed; and

s. 4(b)

has, at the request of any person authorized by the Minister of Transport, permitted him to inspect that record for the purpose of determining the amount that may be paid to CNR or CN Marine, as the case may be, in accordance with the Vote and these Regulations.