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S.M. 2008, c. 24
Bill 23, 2nd Session, 39th Legislature
The International Labour Cooperation Agreements Implementation Act
(Assented to June 12, 2008)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
APPROVAL OF INTERNATIONAL LABOUR COOPERATION AGREEMENTS
The purpose of this Act is to provide a mechanism for the Government of Manitoba to declare its approval of, and implement, any international labour cooperation agreements that affects a matter within its jurisdiction.
The Government of Manitoba may, by regulation, declare its approval of an international labour cooperation agreement, or any provision of such an agreement, that affects a matter within its jurisdiction.
The Lieutenant Governor in Council may make regulations
(a) approving and implementing an international labour cooperation agreement or any provision of such an agreement;
(b) giving effect to the suspension of the application of any benefits, concessions or obligations under an international labour cooperation agreement to another party to the agreement;
(c) respecting any matter necessary or advisable to carry out the purposes of this Act.
No person has a cause of action, and no proceedings of any kind may be taken, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of an international labour cooperation agreement without the consent of the Minister of Justice and Attorney General.
ENFORCING PANEL DETERMINATIONS
The following definitions apply in this Part.
"Canada-Chile Labour Cooperation Agreement" means the Agreement on Labour Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement. (« Accord canado-chilien sur le travail »)
"commission" means, in respect of a panel determination as defined in Article 37 of the Canada-Chile Labour Cooperation Agreement, the Canada-Chile Commission for Labour Cooperation established under Article 8 of that Agreement. (« commission »)
"panel" means an arbitral panel convened under Article 26 of the Canada-Chile Labour Cooperation Agreement. (« groupe spécial »)
"panel determination" means a panel determination as defined in Article 37 of the Canada-Chile Labour Cooperation Agreement. (« décision d'un groupe spécial »)
The commission may file a certified copy of a panel determination in the Court of Queen's Bench and, on being filed, the determination is enforceable as an order of the Court.
Notwithstanding subsections 14(2) (injunction or specific performance), 14(4) (limitation on orders or injunctions) and 16(6) (prohibition of execution) of The Proceedings Against the Crown Act, but subject to this section, a panel determination that is made an order of the Court of Queen's Bench is enforceable against the Crown in the same manner as any other order of that Court.
Proceedings to enforce a panel determination that is made an order of the Court of Queen's Bench under section 6 may be taken against the Crown only in that Court and only by the commission.
In no case may proceedings be taken against a minister or official in his or her official or personal capacity.
Any proceedings referred to in subsection (2) shall be heard and determined in a summary way.
If a question of fact or of the interpretation of a panel determination arises in any proceedings referred to in subsection (2), the Court of Queen's Bench shall refer the question to the panel that made the determination, and the decision of the panel on the question is binding on that Court.
No person or body may intervene in any proceedings referred to in subsection (2).
Panel determinations, including panel determinations that are made orders of the Court of Queen's Bench under section 6, and orders and decisions made by the Court of Queen's Bench in any proceedings referred to in subsection 7(2) are final and binding and are not subject to appeal to any court.
Subject to section 7, no panel determination, including a panel determination that is made enforceable as an order of the Court of Queen's Bench, no order or decision made by the Court of Queen's Bench in any proceeding referred to in subsection 7(2) and no proceeding of the Court made or carried on or purporting to be made or carried on under that subsection shall be
(a) questioned, reviewed, set aside, removed, prohibited or restrained; or
(b) made the subject of any proceeding in, or any process or order of, any court, whether by way of or in the nature of an application for judicial review, injunction, certiorari, prohibition, quo warranto, declaration or otherwise;
on any ground, including the ground that the determination, proceeding, order or decision is beyond the jurisdiction of the panel or the Court of Queen's Bench, as the case may be, or that, in the course of any proceeding, the panel or the Court of Queen's Bench for any reason exceeded or lost its jurisdiction.
(a) the Government of Canada terminates the Canada-Chile Labour Cooperation Agreement under Article 49 of that agreement; or
(b) the Province of Manitoba withdraws from that agreement under Article 12.1 of the Canadian Intergovernmental Agreement Regarding the Implementation of International Labour Cooperation Agreements;
the Province of Manitoba shall, by order of the Lieutenant Governor in Council, withdraw its commitment to be further bound by the agreement.
A panel determination made under the Canada-Chile Labour Cooperation Agreement may not be enforced under this Act as of the date of the order made under subsection (1).
C.C.S.M. REFERENCE AND COMING INTO FORCE
This Act may be referred to as chapter I65 of the Continuing Consolidation of the Statutes of Manitoba.
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Part 2 comes into force on a day to be fixed by proclamation.