SNL2023 CHAPTER E-14.3 - ESSENTIAL AMBULANCE SERVICES ACT

SNL2023 CHAPTER E-14.3 ESSENTIAL AMBULANCE SERVICES ACT Amended: CHAPTER E-14.3 AN ACT RESPECTING THE PROVISION OF ESSENTIAL AMBULANCE SERVICES (Assented to January 24, 2023) Analysis 1. Short title 2. Definitions 3. Application PART I ESSENTIAL AMBULANCE SERVICES AGREEMENT 4. Essential ambulance services agreement 5. Duty to negotiate 6. Contents of agreement 7. Failure of negotiations 8. Agreement binding 9. Duration of agreement 10. Amendment of agreement 11. Agreement to be filed 12. Terms and conditions of employment 13. Notice to employees PART II SETTLEMENT OF DISPUTES 14. Notice and referral to board 15. Meaningful right to strike or lock out 16. No lockout or strike while order in effect 17. Arbitration 18. Arbitration board 19. Single arbitrator 20. Powers and duties of arbitration board 21. Application of Labour Relations Act 22. Arbitration Act does not apply 23. Collective agreement concluded PART III PROHIBITIONS, OFFENCES AND REGULATIONS 24. Prohibition where no agreement in effect 25. Employment terms and conditions continue 26. Prohibition where agreement in effect 27. Further prohibition 28. Effect of Act on work stoppages 29. Offence and penalty 30. Regulations 31. RSNL1990 cL-1 Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Essential Ambulance Services Act. 2023 cE-14.3 s1 Back to Top Definitions 2. In this Act (a) " ambulance " means a vehicle that is designed, constructed or equipped to transport patients and provide other emergency health services ; (b) " ambulance worker" means ( i ) a paramedicine provider, (ii) an employee whose duties include dispatching ambulances, or (iii) an employee prescribed as an ambulance worker in the regulations; (c) " bargaining agent" means a bargaining agent as defined in the Labour Relations Act ; (d) " board " means the Labour Relations Board continued under the Labour Relations Act ; (e) " council of trade unions" means a council of trade unions as defined in the Labour Relations Act ; (f) " dispatching services" means call-taking and dispatching services required for the provision of ambulance services; (g) "emergency health services" means the assessment, stabilization, treatment or transportation of a patient that is required to preserve the patient's life or to prevent or alleviate serious harm to the patient but does not include the assessment, stabilization or treatment of a patient provided in a health care facility; (h) " employer " means an employer of ambulance workers; ( i ) " employers ' organization" means an employers' organization as defined in the Labour Relations Act ; (j) " essential ambulance services" means ( i ) emergency health services, (ii) dispatching services, (iii) work that is incidental to a service described in subparagraph ( i ) or (ii), (iv) work that is performed on or in connection with an ambulance to protect health or safety, or (v) any other services prescribed in the regulations; (k) " essential ambulance services agreement" means an essential ambulance services agreement referred to in section 4; (l) " minister " means the minister appointed under the Executive Council Act to administer this Act; (m) " paramedicine provider" means a person who holds a valid licence issued by the Office of the Provincial Medical Director; (n) " patient " means a person requiring medical attention or who is under medical care; and (o) " trade union" means a trade union as defined in the Labour Relations Act . 2023 cE-14.3 s2 Back to Top Application 3. (1) This Act applies with respect to the following employers, employers’ organizations, trade unions, councils of trade unions and employees where the Labour Relations Act applies with respect to their collective bargaining: (a) employers and employers’ organizations that represent those employers; (b) trade unions and councils of trade unions that act as bargaining agents for employees in a bargaining unit that includes ambulance workers; and (c) the employees in a bargaining unit that includes ambulance workers. (2) Notwithstanding subsection (1), this Act does not apply with respect to employers, employers’ organizations, trade unions, councils of trade unions, and employees described in subsection (1) where the Public Service Collective Bargaining Act applies with respect to them. (3) Where there is a conflict between this Act or a regulation under this Act and the Labour Relations Act with respect to employers, employers’ organizations, trade unions, councils of trade unions or employees to whom this Act applies, this Act or the regulation made under it prevails. 2023 cE-14.3 s3 PART I ESSENTIAL AMBULANCE SERVICES AGREEMENT Back to Top Essential ambulance services agreement 4. An employer and a bargaining agent who are bound by a collective agreement or who are negotiating a first collective agreement shall negotiate an essential ambulance services agreement. 2023 cE-14.3 s4 Back to Top Duty to negotiate 5. (1) Where an employer and a bargaining agent are bound by a collective agreement, they shall begin to negotiate an essential ambulance services agreement no later than 180 days before the collective agreement expires. (2) Where an employer and a bargaining agent have never had a collective agreement, they shall begin to negotiate an essential ambulance services agreement, (a) no later than 20 days after notice is given under section 72 of the Labour Relations Act ; or (b) if no notice was given under that section but the parties have met and bargained, no later than 20 days after their first meeting. (3) Notwithstanding subsections (1) and (2), an employer and a bargaining agent may begin to negotiate an essential ambulance services agreement at a time later than that required under subsection (1) or (2) where both parties agree to do so. (4) An employer and a bargaining agent shall bargain in good faith and make every reasonable effort to make an essential ambulance services agreement. (5) Where an employer is represented in collective bargaining by an employers’ organization, the employers’ organization may negotiate and make an essential ambulance services agreement on the employer’s behalf. (6) Where a bargaining agent is represented in collective bargaining by a council of trade unions, the council of trade unions may negotiate and make an essential ambulance services agreement on the bargaining agent's behalf. 2023 cE-14.3 s5 Back to Top Contents of agreement 6. In order to enable an employer to continue to provide essential ambulance services in the event of a lockout or strike, an essential ambulance services agreement shall (a) identify the work functions that constitute essential ambulance services; (b) identify the classifications of ambulance workers, and the number of ambulance workers in each classification and in each location where ambulance services are provided, who are required at any one time to perform essential ambulance services during a lockout or strike; (c) provide for a method by which ambulance workers competent to perform essential ambulance services will be assigned to perform essential ambulance services during a lockout or strike; (d) in order to allow the employer to respond to a change in circumstances causing a need to increase essential ambulance services during a lockout or strike, set out a procedure for identifying and assigning additional ambulance workers within the classifications identified under paragraph (b) who are required at any one time to perform the work functions identified under paragraph (a), including the immediate assignment of additional ambulance workers; (e) where the employer uses the procedure in paragraph (d), require the employer to immediately serve notice on the bargaining agent setting out the additional number of ambulance workers in each classification required to perform the work functions as a result of the change in circumstances causing the need to increase essential ambulance services; (f) in order to allow the employer to respond to a change in circumstances causing a need to increase essential ambulance services during a lockout or strike, set out a procedure for ( i ) identifying additional work functions as essential ambulance services, (ii) identifying additional classifications of ambulance workers, and the number of ambulance workers in each classification, who are required to perform additional work functions identified in subparagraph ( i ) as essential ambulance services in an emergency, and (iii) assigning the additional ambulance workers identified in subparagraph (ii), including the immediate assignment of the additional ambulance workers; and (g) where the employer uses the procedure in paragraph (f), require the employer to immediately serve notice on the bargaining agent setting out the additional work functions identified as essential ambulance services, the additional classifications of ambulance workers and the number of ambulance workers in each classification who are required to perform those work functions in an emergency. 2023 cE-14.3 s6 Back to Top Failure of negotiations 7. (1) Where an employer and a bargaining agent who are required to negotiate an essential ambulance services agreement under section 4 or subsection 28(2) are unable to make an essential ambulance services agreement, the employer or the bargaining agent may apply in writing to the board to settle the provisions of the essential ambulance services agreement. (2) The board shall, as soon as practicable, serve notice of the receipt of an application under subsection (1) on both the employer and the bargaining agent. (3) Upon receiving notice under subsection (2), the employer and the bargaining agent shall each, within 10 days, provide the board with a statement in writing setting out the matters upon which they have agreed, if any, and the matters upon which they cannot agree with respect to the essential ambulance services agreement. (4) The board shall hear the matter as a panel consisting of (a) the chairperson of the board, or the vice-chairperson, if appointed by the chairperson; and (b) one member representative of employers and one member representative of employees selected by the chairperson from among the group of persons appointed under subsection 6(2) or (5) of the Labour Relations Act . (5) Within 90 days after receiving an application under subsection (1), or within such further time as the employer and the bargaining agent agree upon, the board shall make an order settling the provisions of an essential ambulance services agreement between the employer and the bargaining agent. (6) Notwithstanding subsection (5), where an application under this section relates to the requirement to negotiate an essential ambulance services agreement under section 28(2), the board shall make an order settling the provisions of the essential ambulance services agreement within 30 days after receiving the application. (7) Notwithstanding subsection 15(1), where an application under this section relates to the requirement to negotiate an essential ambulance services agreement under section 28(2) and the board is satisfied that the level of activity that is required to be continued under the essential ambulance services agreement has the effect of depriving the employees in the bargaining unit of a meaningful right to strike or depriving the employer of a meaningful right to lock out the employees, the board may make a decision under section 15. (8) In settling the provisions of an essential ambulance services agreement under this section, the board shall accept, without amendment, any provisions agreed upon by the employer and the bargaining agent. (9) On application by the employer or the bargaining agent, the board may review, amend, alter or vary an order or a decision made by the board under this section as the board considers appropriate in the circumstances. 2023 cE-14.3 s7 Back to Top Agreement binding 8. An essential ambulance services agreement between an employer and a bargaining agent, whether settled by agreement or by the board, is binding upon (a) the employer; (b) every employee of the employer who is represented by the bargaining agent; and (c) the bargaining agent. 2023 cE-14.3 s8 Back to Top Duration of agreement 9. (1) An essential ambulance services agreement remains in effect until terminated by the employer or the bargaining agent in accordance with subsection (2). (2) A party to an essential ambulance services agreement may terminate the agreement by giving written notice to the other party where (a) the parties to the essential ambulance services agreement have a collective agreement; and (b) there are at least 180 days remaining in the term of that collective agreement. 2023 cE-14.3 s9 Back to Top Amendment of agreement 10. (1) Where both parties to an essential ambulance services agreement agree, in writing, the parties may amend the essential ambulance services agreement. (2) A party to an essential ambulance services agreement may apply to the board to amend the essential ambulance services agreement. (3) On an application under subsection (2), the board may amend the essential ambulance services agreement and may issue any directive it considers appropriate in the circumstances. 2023 cE-14.3 s10 Back to Top Agreement to be filed 11. An employer shall file a copy of any essential ambulance services agreement to which it is a party with the minister. 2023 cE-14.3 s11 Back to Top Terms and conditions of employment 12. (1) The rates of wages and other terms and conditions of employment of ambulance workers who perform work under an essential ambulance services agreement continue in effect until a new collective agreement is concluded, unless the employer and the bargaining agent agree otherwise. (2) The rates of wages and other terms and conditions of employment of ambulance workers who are required by the employer to work under the provisions of the essential ambulance services agreement referred to in paragraphs 6(1)(d) to (g) are, while they are working, the rates of wages and terms and conditions of employment that were in effect immediately before it became lawful to alter those rates of wages and terms and conditions of employment under section 74 and section 75 of the Labour Relations Act , unless the employer and the bargaining agent agree otherwise. (3) Nothing in this section continues the rates of wages or other terms and conditions of employment of ambulance workers in the bargaining unit who are not performing work under the essential ambulance services agreement or working as required by the employer under the provisions of the essential ambulance services agreement referred to in paragraphs 6(1)(d) to (g) where the rates of wages and terms and conditions of employment can be altered under section 74 and section 75 of the Labour Relations Act . 2023 cE-14.3 s12 Back to Top Notice to employees 13. (1) An employer shall give notice, in writing, to (a) the ambulance workers who are or may be required to work during a strike or lockout under an essential ambulance services agreement; and (b) the bargaining agent for those ambulance workers. (2) An ambulance worker given notice by the employer under subsection (1) shall report for work where required as if a strike or lockout were not taking place. 2023 cE-14.3 s13 PART II SETTLEMENT OF DISPUTES Back to Top Notice and referral to board 14. (1) Either party to an essential ambulance services agreement may notify the other party in writing that it disputes (a) the manner in which the other party is interpreting, applying or implementing the essential ambulance services agreement; or (b) any action taken by the other party under the terms of the essential ambulance services agreement. (2) Where the parties are unable to resolve a dispute referred to in subsection (1), either party may apply, in writing, to the board to resolve the dispute, with written notice to the other party. (3) Where a dispute is referred to the board under subsection (2), the board shall settle the dispute within 3 days after the notice is received by the board and may make any order that the board considers appropriate in the circumstances. 2023 cE-14.3 s14 Back to Top Meaningful right to strike or lock out 15. (1) Where a party to an essential ambulance services agreement considers that the level of activity that is required to be continued under the essential ambulance services agreement has the effect of depriving the employees in the bargaining unit of a meaningful right to strike or depriving the employer of a meaningful right to lock out the employees, the party may apply to the board in writing to request a decision regarding whether the level of activity that is required to be continued under the essential ambulance services agreement has the effect of depriving the employees in the bargaining unit of a meaningful right to strike or depriving the employer of a meaningful right to lock out the employees. (2) In deciding, in an application made under subsection (1), whether the employees in the bargaining unit are deprived of a meaningful right to strike or the employer is deprived of a meaningful right to lock out the employees, the board (a) shall consider the number of employees identified in the essential ambulance services agreement whose services the employer has used to provide the essential ambulance services and any other relevant factors prescribed in the regulations; and (b) may consider the classifications of employees and the work functions identified in the essential ambulance services agreement. (3) The board shall (a) hear the application as a panel consisting of ( i ) the chairperson of the board, or the vice-chairperson, if appointed by the chairperson, and (ii) one member representative of employers and one member representative of employees selected by the chairperson from among the group of persons appointed under subsection 6(2) or (5) of the Labour Relations Act ; and (b) subject to subsection (7), make a decision within 30 days after receiving the application. (4) Notwithstanding paragraph (3 )( b), the board may extend the time period referred to in that paragraph in extenuating circumstances. (5) Where, upon considering the application, the board is satisfied that the level of activity that is required to be continued under an essential ambulance services agreement has the effect of depriving the employees in the bargaining unit of a meaningful right to strike or depriving the employer of a meaningful right to lock out the employees, the board may (a) amend the essential ambulance services agreement; (b) direct the parties to confer with a conciliation officer appointed under the Labour Relations Act who shall endeavour to conclude a collective agreement; (c) order that all matters remaining in dispute between the parties with respect to concluding a collective agreement be referred to an arbitration board for binding arbitration; or (d) give any other directions the board considers appropriate. (6) Where the board directed the parties to confer with a conciliation officer under paragraph (5 )( b) and the parties did not conclude a collective agreement, the board shall order binding arbitration. (7) The board shall not order binding arbitration under paragraph (5)(c) or subsection (6) before the day on which it would be lawful to alter rates of wages and other terms and conditions of employment of the employees under section 74 and section 75 of the Labour Relations Act . (8) Where, while an application is pending under this section, the parties agree on all matters that remain in dispute between them and make a collective agreement, the board shall dismiss the application without deciding it. 2023 cE-14.3 s15 Back to Top No lockout or strike while order in effect 16. (1) While an order under paragraph 15(5 )( c) or subsection (6) is in effect, none of the employees in the bargaining unit shall strike and the employer shall not lock out any of the employees in the bargaining unit. (2) Where the board makes an order under paragraph 15(5 )( c) or subsection 15(6) while any employees in the bargaining unit are on strike, those employees shall cease the strike. (3) Where the board makes an order under paragraph 15(5 )( c) or subsection 15(6) while the employer is locking out any employees in the bargaining unit, the employer shall cease locking out those employees. (4) Unless the employer and the bargaining agent agree otherwise, upon the making of an order under paragraph 15(5)(c) or subsection 15(6) the rates of wages and other terms and conditions of employment that were in effect immediately before it became lawful to alter those rates of wages and terms and conditions of employment under section 74 and section 75 of the Labour Relations Act apply with respect to all employees in the bargaining unit until a collective agreement is in force. 2023 cE-14.3 s16 Back to Top Arbitration 17. Where the board makes an order under paragraph 15(5 )( c) or subsection 15(6), the arbitration shall proceed by way of an arbitration board composed of 3 persons, unless the parties to the binding arbitration agree to submit to a single arbitrator. 2023 cE-14.3 s17 Back to Top Arbitration board 18. (1) An employer and a bargaining agent shall each, within 7 days after the board makes an order under paragraph 15(5 )( c) or subsection 15(6), give to the other party the name of a person to act as its appointed member on the arbitration board and the 2 members selected shall, within 7 days after the day on which the second of them is appointed, appoint a third person to be a member and the chair of the arbitration board. (2) Where a party to the binding arbitration fails to appoint a member to the arbitration board, the minister, upon receiving the application of the other party, shall, within 7 days, appoint a person to act on the arbitration board as the appointed member of the party who has failed to appoint a member. (3) Where the 2 members appointed to the arbitration board fail or neglect to make the appointment of the third member and chair as required by subsection (1), either party may apply to the minister for the appointment of a person to act as the third member and chair of the arbitration board. (4) Upon receiving an application under subsection (3), the minister shall, within 7 days, appoint a person as the third member and chair of the arbitration board. (5) Where a member appointed to an arbitration board under this section ceases to act by reason of resignation, death or otherwise before the arbitration board has completed its work, the party for whom the person was the appointed member shall, within 10 days of the member ceasing to act, appoint a replacement and notify the other party in writing of the name and address of the replacement. (6) Where a party fails to appoint a replacement in accordance with subsection (5), the minister shall appoint as a replacement a person the minister considers suitable and, where the parties to the binding arbitration agree, the arbitration board shall continue to function as if the replacement member were a member of the arbitration board from the beginning. (7) Where the chair of an arbitration board is unable to carry out the chair's duties to enable the arbitration board to render a decision within a reasonable time after its establishment, the minister shall appoint a person to act as chair of the arbitration board in the chair's place and the binding arbitration shall begin as a new matter. (8) A person shall not be appointed as a member of the arbitration board or act as a member of the arbitration board where the person (a) has a direct pecuniary interest in a matter before the arbitration board; or (b) is acting or has, within a period of 6 months immediately before the date on which the dispute is submitted to the arbitration board, acted as a lawyer for or agent of any of the parties to the binding arbitration. (9) The fees and expenses of an arbitration board shall be paid as follows: (a) the employer shall pay the fees and expenses of the member appointed to the arbitration board by or on behalf of the employer; (b) the bargaining agent shall pay the fees and expenses of the member appointed to the arbitration board by or on behalf of the bargaining agent; and (c) the employer and the bargaining agent shall each pay one half of the fees and expenses of the chair of the arbitration board. 2023 cE-14.3 s18 Back to Top Single arbitrator 19. (1) Notwithstanding subsection 18(1), where an employer and a bargaining agent agree to submit to a single arbitrator under section 17, they shall, within 10 days after the board makes an order under paragraph 15(5 )( c) or subsection 15(6), attempt to agree on a person satisfactory to both to be the single arbitrator and, where agreement is reached, that person is appointed as the single arbitrator. (2) Where the employer and the bargaining agent are unable to agree on a person to be the single arbitrator, subsections 18(3) and (4) apply with the necessary changes. (3) Subsections 18(7) and (8) apply, with the necessary changes, to a single arbitrator. (4) An employer and a bargaining agent shall each pay one half of the fees and expenses of a single arbitrator appointed under this section. 2023 cE-14.3 s19 Back to Top Powers and duties of arbitration board 20. (1) An arbitration board or a single arbitrator shall inquire into and decide on the matters that are in dispute and any other matters that appear to the arbitration board or single arbitrator to be necessary to be decided in order to conclude a collective agreement between the parties, but the arbitration board or single arbitrator shall not decide any matters that come within the jurisdiction of the board. (2) In making a decision, the arbitration board or single arbitrator shall consider (a) the employer’s ability to pay; (b) the employer’s ability to attract and retain qualified employees; and (c) other matters as the arbitration board or single arbitrator considers fair and reasonable in the circumstances. (3) Nothing in subsection (2) limits the powers of the arbitration board or single arbitrator. (4) The arbitration board or single arbitrator remains seized of and may deal with all matters in dispute between the parties until a collective agreement is in effect between them. (5) The arbitration board or single arbitrator shall determine the procedure for the binding arbitration but shall permit the parties to present evidence and make submissions. (6) The arbitration board or single arbitrator shall begin the binding arbitration proceedings within 30 days after being appointed. (7) The arbitration board or single arbitrator shall make a decision (a) within 90 days after being appointed; or (b) where the parties agree to an extended time before or after those 90 days have passed, within that time. (8) The decision of a majority of the members of an arbitration board is the decision of the arbitration board. 2023 cE-14.3 s20 Back to Top Application of Labour Relations Act 21. (1) Except where inconsistent with this Act, the provisions of the Labour Relations Act relating to the constitution, operations, powers, procedures and practices of the Labour Relations Board apply to and in respect of the board when acting under this Act. (2) Paragraphs 88(1 )( a) and (b) and subsection 88(5) of the Labour Relations Act apply, with the necessary changes, to an arbitration board or a single arbitrator and the proceedings and decisions of an arbitration board or a single arbitrator under this Act. 2023 cE-14.3 s21 Back to Top Arbitration Act does not apply 22. The Arbitration Act does not apply to binding arbitration proceedings under this Act. 2023 cE-14.3 s22 Back to Top Collective agreement concluded 23. (1) Where, during a proceeding before an arbitration board or a single arbitrator, the parties agree on all matters that were in dispute and the parties put that agreement in writing and execute it, (a) that executed agreement constitutes a collective agreement; and (b) the binding arbitration proceeding is terminated. (2) Where, during a proceeding before an arbitration board or a single arbitrator, the parties agree on some but not all of the matters in dispute, the parties shall notify the arbitration board or single arbitrator of the items agreed upon and the arbitration board or single arbitrator shall decide the remaining matters and any other matters that appear to the arbitration board or single arbitrator to be necessary to conclude a collective agreement. (3) The date of the arbitration board’s or single arbitrator's decision under subsection (2) is considered to be the day the collective agreement is entered into. 2023 cE-14.3 s23 PART III PROHIBITIONS, OFFENCES AND REGULATIONS Back to Top Prohibition where no agreement in effect 24. (1) Where an essential ambulance services agreement is not in effect between an employer and the bargaining agent for ambulance workers of that employer, (a) the employer or employers' organization shall not authorize, declare or cause a lockout of any of the ambulance workers represented by the bargaining agent; (b) the bargaining agent shall not authorize, declare or cause a strike by any of the ambulance workers represented by the bargaining agent against the employer; and (c) an ambulance worker represented by the bargaining agent shall not participate in a strike against the employer. (2) Nothing in subsection (1) affects the right of employees in the bargaining unit who are not ambulance workers to strike or the rights of the employer to lock them out where a strike by or lockout of the employees would be lawful under the Labour Relations Act . 2023 cE-14.3 s24 Back to Top Employment terms and conditions continue 25. (1) Where an essential ambulance services agreement is not in effect by the day on which a strike by or lockout of employees in a bargaining unit that contains ambulance workers would be lawful under the Labour Relations Act , the rates of wages and terms and conditions of employment of the ambulance workers in the bargaining unit continue in effect until an essential ambulance services agreement is in effect, unless the employer and the bargaining agent agree otherwise. (2) Nothing in subsection (1) continues the rates of wages and terms and conditions of employment of employees in the bargaining unit who are not ambulance workers. 2023 cE-14.3 s25 Back to Top Prohibition where agreement in effect 26. (1) Where an essential ambulance services agreement is in effect, (a) the employer or employers' organization shall not authorize, declare or cause a lockout of any ambulance worker who is required to work under the essential ambulance services agreement; (b) the bargaining agent shall not authorize, declare or cause a strike of any ambulance worker who is required to work under the essential ambulance services agreement; and (c) an ambulance worker who is required to work under the essential ambulance services agreement shall not participate in a strike against the employer. (2) Subsection (1) applies with necessary modifications with respect to ambulance workers called in to work under the provisions of the essential ambulance services agreement referred to in paragraphs 6(1 )( d) to (g) for the period they are required to work under those paragraphs. 2023 cE-14.3 s26 Back to Top Further prohibition 27. A person or organization shall not (a) do anything to prevent or impede an employee’s compliance with section 24 or 26 or aid or abet an employee to contravene section 24 or 26; or (b) fail to do anything for the purpose of preventing or impeding an employee’s compliance with section 24 or 26 or for the purpose of aiding or abetting an employee to contravene section 24 or 26. 2023 cE-14.3 s27 Back to Top Effect of Act on work stoppages 28. (1) Any lockout or strike between an employer and a bargaining agent that is taking place at the time this Act comes into force shall immediately cease until such time as the employer and bargaining agent have established an essential ambulance services agreement. (2) Where a lockout or strike ceases in accordance with subsection (1), the employer and bargaining agent shall immediately begin to negotiate an essential ambulance services agreement. (3) Notwithstanding subsection (2), either party may apply to the board under subsection 7(1) to settle the provisions of the ambulance services agreement. (4) Where a lockout or strike ceases in accordance with subsection (1), the rates of wages and other terms and conditions of employment that were in effect immediately before it became lawful to alter those rates of wages and terms and conditions of employment under section 74 and section 75 of the Labour Relations Act apply with respect to all employees in the bargaining unit. (5) Notwithstanding paragraph 116(a) of the Labour Relations Act , where a conciliation officer files a report under section 99 of the Labour Relations Act , the 15 day period provided for in paragraph 116(a) of the Labour Relations Act shall not begin until such time as the parties have entered into an essential ambulance services agreement. (6) Notwithstanding paragraph 116(b) of the Labour Relations Act , where a conciliation board files a report under section 108 of the Labour Relations Act , the 7 day period provided for in paragraph 116(b) of the Labour Relations Act shall not begin until such time as the parties have entered into an essential ambulance services agreement. 2023 cE-14.3 s28 Back to Top Offence and penalty 29. (1) An employer or employers' organization who authorizes, declares or causes a lockout in contravention of paragraph 24(1 )( a) or 26(1)(a) is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 for each day that the lockout exists. (2) A person acting on behalf of an employer who authorizes, declares or causes a lockout in contravention of paragraph 24(1)(a) or 26(1)(a) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000. (3) A bargaining agent who authorizes, declares or causes a strike in contravention of paragraph 24(1 )( b) or 26(1)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 for each day that the strike exists. (4) An officer or representative of a bargaining agent who authorizes, declares or causes a strike in contravention of paragraph 24(1 )( b) or 26(1)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000. (5) An ambulance worker who participates in a strike in contravention of paragraph 24(1 )( c) or 26(1)(c) is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000. (6) An employer, an employers’ organization or a bargaining agent who contravenes subsection 28(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000. (7) A person who does anything prohibited by this Act or the regulations, or who refuses or neglects to do anything required by this Act or the regulations to be done by that person, is guilty of an offence and liable on summary conviction (a) in the case of an individual, to a fine not exceeding $500; or (b) in the case of a corporation, trade union or employers' organization, to a fine not exceeding $1,000. 2023 cE-14.3 s29 Back to Top Regulations 30. The Lieutenant-Governor in Council may make regulations (a) prescribing employees or classes of employees as ambulance workers for the purposes of subparagraph 2(b)(iii); (b) prescribing services for the purpose of subparagraph 2(j)(v); (c) prescribing factors that are relevant for the purpose of paragraph 15(2)(a); (d) defining a word or phrase used but not defined in this Act; and (e) generally , to give effect to this Act. 2023 cE-14.3 s30 Back to Top RSNL1990 cL-1 Amdt. 31. Section 18 of the Labour Relations Act is amended by adding immediately after paragraph (k.3) the following: (k.4) consider and decide upon those matters referred to it which fall within the scope and intent of the Essential Ambulance Services Act ; 2023 cE-14.3 s31