Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 284, Novembre 1992

1. 506. In communications dated 31 October and 6 December 1991, the Canadian Labour Congress (CLC) submitted a complaint of violations of freedom of association against the Government of Canada (Nova Scotia), on behalf of the National Union of Provincial Government Employees (NUPGE) and the Nova Scotia Government Employees Union (NSGEU). The International Confederation of Free Trade Unions (ICFTU) and the Public Services International (PSI) expressed their support of the complaint in communications dated respectively 8 and 12 November 1991.
2. 507. The federal Government, in a communication of 10 April 1992, transmitted the observations and information from the Government of Nova Scotia.
3. 508. Canada has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). It has not ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), or the Collective Bargaining Convention, 1981 (No. 154).

A. The complainant's allegations

1. 509. In its communication of 31 October 1991, the complainant organisation alleges that the Government of Nova Scotia violated Conventions Nos. 87, 98, 151 and 154 by enacting, on 14 May 1991, Bill 160, an Act respecting Compensation Restraint in the Public Sector, hereinafter called "the Act". (For ease of reference, the main substantive provisions of the Act, in particular those quoted and relied on by the complainant and the Government, are reproduced in the Annex to this document.)
2. 510. The complainant contends that the basic thrust of the Act is to halt collective bargaining in the public sector for the next two years. It imposes a two-year wage freeze on about 44,000 public sector workers in the province including workers employed in the provincial government sector, employees of municipal governments, crown corporations, school boards, community colleges, universities, hospitals and homes for special care.
3. 511. The legislation extends the expiry dates of existing collective agreements for two years. There can be no changes in the rates of compensation during that period. Affected employees who will be eligible for retirement in the next two years, will suffer a continual loss of pension for their retirement years, since their superannuation allowances are calculated on the average of their annual salaries for their last five years of work.
4. 512. According to the complainant, attempts at organising new members in Nova Scotia will be severely restricted over the next two years, since collective agreements automatically mean a two-year wage freeze. Furthermore, the terms and conditions of employment prior to being organised will remain in effect until a new agreement is reached with the result that any potential union member will naturally question the benefit of joining a union while this legislation is in place.
5. 513. The public sector in Nova Scotia is also facing lay-offs of over 100 of its unionised members. These members are employed in institutions for the mentally handicapped which the Government plans to close down without any plan to establish an adequate community base support service for those individuals. Moreover, three-quarters of the public service workforce in Nova Scotia is comprised of women who are earning less than $25,000 a year and who, without some increase in wages to try to keep up with inflation, will find themselves prey to other social problems in the future.
6. 514. The Act is a hastily imposed piece of anti-union legislation which will do very little to address economic concerns in any real way. Its effect will be to damage relations between the Government and the NSGEU which is the bargaining agent for the majority of the provincial government service.
7. 515. The Act is an outright attack on the public sector workers of Nova Scotia and clearly violates international labour standards. The Government of Nova Scotia has taken an action which seriously tampers with the right of free collective bargaining in that province and it would appear that it did not bargain in good faith when negotiating existing collective agreements which are now being disregarded.
8. 516. The complainant submits more specifically that the Act violates Articles 3 and 8 of Convention No. 87 by eliminating the right to bargain collectively and to have an independent dispute resolution body. The enactment of such legislation is exactly the type of interference by public authorities that is contemplated by Article 3(2) of the Convention. Not only does the Act interfere with the rights of the bargaining agent(s), but it dictates the outcome of any dispute, by vesting full governmental authority in a board to which it has given far-reaching powers, including the authority to order an employee to pay back compensation found to be out of the range permitted by the Act. As the Committee previously concluded: "The reservation of budgetary powers to the legislative authority should not have the effect of preventing compliance with collective agreements entered into by, or on behalf of, that public body." (Digest of decisions and principles of the Freedom of Association Committee, 1985, 3rd edition, para. 604.)
9. 517. If in fact the Act has been designed to address fiscal restraint in the province, such economic restraints ought not to be extreme. In dealing with an anti-inflationary piece of legislation, the Committee has in the past concluded that: "... stabilisation measures restricting the right to collective bargaining are acceptable on condition that they are of an exceptional nature, and only to the extent that they are necessary." (241st Report (Ontario), para. 115.)
10. 518. Furthermore, there is no mention in the Act that it is a short-term law which will definitely expire after two years. There is nothing which would prevent the provincial Government from extending the Act indefinitely.
11. 519. In addition, the Government breached Convention No. 98 in that the Act disregards previously negotiated collective agreements by extending their terms for two years. As previously stated by the Committee, in a case concerning British Columbia: "... the exercise of financial powers by the public authorities in a manner that prevents compliance with collective agreements already entered into by public bodies is not consistent with the principles of free collective bargaining." (Digest, para. 640.) The Committee also considered in the Ontario case that the anti-inflationary Bill in question which reduced previously negotiated increases was not in conformity with the principles of free collective bargaining. (241st Report (Ontario), para. 116.)
12. 520. Moreover, the legislation which the Nova Scotia Government has introduced without any consultation with the public sector or its bargaining agents is an act motivated by anti-union animus, contrary to the principles, and more specifically Articles 4 and 5 of Convention No. 151. In imposing a wage freeze law, the Government has taken unfair advantage of public service workers and has upset the balance of power as contemplated by Convention No. 151.
13. 521. Finally, the complainant submits that the Act is directly contrary to the principles contemplated by Convention No. 154 which addresses the promotion of collective bargaining. Not only has the Government not taken any proactive steps to promote collective bargaining, but it chose to impose a law which eliminates free collective bargaining in the province for two years.
14. 522. The complainant concludes that the Act is incompatible with the principles and guidelines of the international labour community. The Government assumed that full disclosure of the economic situation in the province and an effort to negotiate with public sector workers and their union(s) would have been futile. Rather than attempt in good faith to reach an agreement, the Government chose to legislate away existing rights of public sector workers, which is unwarranted and offensive. The complainant invites the Committee to request the Government to repeal the Act in order to comply with the principles of fairness and fair play as embraced by the international labour community.
15. 523. In its communication of 31 October 1991, the CLC mentioned that similar complaints were presented concerning five different provinces and requested that they be examined separately. It emphasised however that, in the view of the labour movement and most independent labour relations professionals, labour relations in the public sector in Canada are rapidly deteriorating as governments in Canada are quick to enact legislation which denies or severely restricts collective bargaining in the public sector. It believes that, in order for the Committee to obtain an accurate account of the extent of the deterioration of the labour relations climate in Canada, it will be necessary to send an independent mission on the spot. The CLC reiterated its request in its communication of 6 December 1991, mentioning that a further complaint against back-to-work legislation enacted by the federal Government against its public servants would soon be presented to the Committee. According to the CLC, this means that more than one-half million workers in Canada have had their basic rights denied or severely restricted by federal or provincial legislation.

B. The Government's reply

1. 524. In its communication of 10 April 1992, the Government of Nova Scotia denies the alleged violations and contends that the Act is consistent with the applicable ILO principles and Conventions. It submits that the Act applies to the entire public service, both union and non-union sectors thereof, which belies the complaint that the Act is anti-union motivated. The Government views the legislation as a necessary, considered and responsible Act, not "motivated by anti-union animus", but by the economic crisis.
2. 525. The Government explains that the province was and still is facing various financial problems which may be summarised as follows: sources of government revenue have either disappeared or been largely absorbed by social programmes which by 1991 accounted for 74 per cent of total government programme spending; loss of government revenue due to a burgeoning debt load; and severe cuts in transfer payments from the federal Government.
3. 526. The Government looked at ways to free revenues without which it would have been unable to maintain delivery of essential services such as health education and social services. It had four alternatives available to it, namely (a) a delay in wage increases - the Government points out that over 50 per cent of current account spending in the province is in respect of wages and salaries; (b) massive lay-offs - to achieve the same level of cost savings, approximately 900 people would have to be laid off in 1991-92 and an even greater number in 1992-93, which would have created considerable hardship for Nova Scotia communities; (c) programme reductions - substantial cuts in programme expenditures could have achieved the same level of cost savings as delaying wage increases. It would, however, have created a major disruption in services to thousands of Nova Scotians; (b) substantial tax increases - the province could have increased existing tax rates. The existing tax burden, however, is already substantial in the province especially after the major provincial tax increases introduced in last year's budget and the implementation of the Federal Goods and Services Tax.
4. 527. The Government conducted province-wide hearings to inform the people of the severity of the economic crisis and to receive suggestions. In the short term the Government decided to impose a delay in wage increases. To achieve the cost savings necessary the delay had to extend for two years as many contracts had already been negotiated and implemented for this fiscal year. In the long term the Government is reviewing its programmes and services, considering ways to expand the province's tax base, and continuing to move to balance the budget and reduce borrowing requirements.
5. 528. A second round of province-wide public hearings has just been completed, as a serious effort at pre-budget 1992 consultations on how to deal with the economy. The Government considers that the delay in wage increases for the public sector is a necessary short-term measure which is part of a comprehensive programme effectively to address the province's economic situation.
6. 529. The Government argues that ILO principles and Conventions recognise that governments must be given the flexibility to deal with economic crises. It states that the Committee has in the past concluded that: "If, as part of its stabilisation policy, a government considers that wage rates cannot be settled freely through collective bargaining, such a restriction should be imposed as an exceptional measure and only to the extent that is necessary, without exceeding a reasonable period, and it should be accompanied by adequate safeguards to protect workers' living standards." (Digest, para. 641.)
7. 530. The Government asserts that the Act is an exceptional measure since collective bargaining by employees subject to the Act usually occurs under the Civil Service Collective Bargaining Act, the Corrections Act, the Teachers' Collective Bargaining Act and the Trade Union Act. Prior to the Act, employees negotiated compensation rates under these laws, and after the expiry of the restraint legislation, they will again negotiate compensation rates.
8. 531. Moreover, the restrictions on collective bargaining are imposed by the Act only to the extent necessary. Although the Act delays changes to compensation plans for a two-year period, effectively delaying collective bargaining for that period, collective bargaining resumes thereafter. Thus, at the end of the delay period, a compensation plan will either be implemented or at the option of the union renegotiated.
9. 532. In any event, not all collective bargaining is stopped by the operation of the Act. For example, a first collective agreement may be freely negotiated, subject to the restrictions on compensation rate increases imposed under the Act. In addition, the employer and bargaining agent may, in effect, renegotiate a compensation rate increase, subject to a 5 per cent cap, where a collective agreement had provided for "staged" increases, or where employees covered by a collective agreement historically received compensation rate increases relative to compensation rate increases of other employees of the same employer.
10. 533. Finally, the Act allows for a change in terms of employment, other than compensation rates, negotiated by the employer and the bargaining agent, where failure to make such a change would be detrimental to the parties and the change is not contrary to the intent of the Act. In practice, the Board has authorised all such applications (9), except for one which was effectively an attempt to change compensation rates and which is prohibited under the Act for two years.
11. 534. The Government points out that although the Act prohibits changes to compensation plans for a definite two-year period, the Committee, in a previous decision involving Canada, did not object to an anti-inflation programme imposed for a period of 24 months. (222nd Report (Canada), para. 117.)
12. 535. Furthermore, the Government submits that the Act adequately protects workers' living standards in various ways. First of all, the majority of employees covered by the wage freeze are public employees within Part I of the Act, for whom the legislation, under certain conditions specified in section 10, allows an increase in compensation rates, notwithstanding the wage freeze, provided provisions for an increment are expressly contained in the compensation plan that applied to the employees immediately before 14 May 1991. According to the Government, an incremental structure exists in the compensation plans of most employees covered by Part I of the Act. Employees receiving increases in accordance with the incremental structure in their compensation plans will receive, on average, annual increases of 3 per cent.
13. 536. Moreover, section 21 of the Act provides an exception whereby pay equity adjustments, particularly relevant to employees in classifications predominantly filled by females, will be paid notwithstanding the wage freeze. Pay equity adjustments provided for under the Nova Scotia Pay Equity Act occur in three phases, I to III. Phase I covers civil servants, non-civil service employees at the Victorial General Hospital and the Nova Scotia Hospital, CUPE highway workers and corrections employees. Phase II and Phase III will provide adjustments for eligible female-dominated classifications employed by school boards, hospital crown corporations, municipalities and universities. As a result of the pay equity process, 5,300 employees are in classifications deemed eligible for pay equity adjustments. In addition, another 345 employees will receive consequential adjustments provided for under the pay equity legislation.
14. 537. Section 8 of the Act is another exception which protects workers' living standards. By section 8, for compensation plans expiring before 14 May 1991, and for which no new compensation plan is finalised before that date, each position covered by the plan is subject to a 5 per cent wage increase effective the date the plan expired. Where the compensation plan expired more than one year before 14 May 1991, each position covered by the plan is subject to an additional 5 per cent increase in compensation, effective one year following the expiry date.
15. 538. Although the two-year wage freeze applies once the 5 per cent wage increase(s) are in place, section 8 will already have protected employees who are behind in negotiating wage increases, by moving them up to a higher compensation level before imposing the freeze. The statutorily imposed 5 per cent wage increases under section 8 are comparable to the national average wage increases negotiated for major provincial government union contracts during 1989 (5.1 per cent), 1990 (5.6 per cent) and 1991 (4.5 per cent).
16. 539. In conclusion, the Government submits that:
    • (a) The Act is not an anti-union legislation but a responsible government response to the province's serious economic situation covering a broad range of individuals, groups and services.
    • (b) The Act delays collective bargaining for a two-year period under circumstances which satisfy ILO Conventions and principles. The restrictions imposed by the Act are exceptional measures, taken because of economic crisis, imposed only to the extent necessary, for a reasonable period, and accompanied by adequate safeguards to protect workers' living standards.
    • (c) The Act does not disregard previously negotiated collective agreements. First of all, terms and conditions of employment, including compensation rate increases, in the majority of previously negotiated plans were implemented in the ordinary course, as agreed to by the parties, and are only affected by the Act in that they may not be changed for two years. Secondly, to the extent that the Act does interfere with previously negotiated collective agreements, they are merely delayed. After the two-year delay, they will either be implemented or, at the option of the unions, renegotiated. This is unlike the federal and Ontario anti-inflation cases (Cases Nos. 1147 and 1172, respectively) where the Committee commented unfavourably that the legislation interfered with negotiated increases by reducing them.
    • (d) The Board is primarily a regulatory/administrative Board. The Act has statutorily imposed a two-year freeze on compensation rates and the Board oversees the requirements of the Act and assists the parties to understand and comply with the Act. In any event, decisions of the Board are open to judicial review by prerogative writ, upon an error of law or jurisdiction made by the Board.
    • (e) The Government has not taken unfair advantage of public sector workers. The economic crisis requires that the costs of Government be cut to sustain delivery of essential services in the province. As part of a broad-scale cost-cutting programme, increases in public sector wages have been delayed. This is not surprising considering wages are a major cost of Government. The Government has in no way abused its dual roles of lawmaker and employer.

C. The Committee's conclusions

1. 540. The Committee notes that this case involves certain restrictions on collective bargaining for public sector workers in the Province of Nova Scotia (Canada) following the introduction of wage restraint legislation by the Provincial Government for a period of two years. The Government said that these measures were necessary in view of the dire economic situation of the Province.
2. 541. Before turning to the merits of the complaint, the Committee refers to the comments it made in this Report, in relation to Case No. 1616 (Canada), as regards the general context in which this complaint was presented, and its views on economic arguments as a justification for restricting collective bargaining, which apply equally here with appropriate modification.
3. 542. As regards measures of economic stabilisation which restrict collective bargaining rights, the Committee has acknowledged that where, for compelling reasons of national economic interest and as part of its stabilisation policy, a government considers that it is not possible for wage rates to be fixed freely through collective bargaining, any restrictions should be imposed as an exceptional measure and only to the extent that is necessary without exceeding a reasonable period, and should be accompanied by adequate safeguards to protect workers' living standards. (Digest, para. 641.) The Committee of Experts has adopted a similar approach on this issue. (General Survey on Freedom of Association and Collective Bargaining, 1983, para. 315.).
4. 543. Concerning the particulars of this case, the Committee notes that this wage restraint legislation can be said to be an exceptional measure since prior to its enactment, collective bargaining took place under general labour legislation which has not been permanently repealed or amended; collective bargaining will resume after the expiry of the restraint legislation on 14 May 1993. Secondly, section 7 of the Act which states that compensation rate increases paid to public servants will be delayed, also provides that after a two-year delay these rates will either be implemented or, at the option of the unions, renegotiated; according to the Government, the delay had to extend for two years, as many contracts had already been negotiated and implemented for the first fiscal year. Moreover, the Act contains provisions which, under certain conditions specified under the Act, provide for an increase in compensation rates for various categories of employees, notwithstanding the wage freeze. Thus it would appear that the Act contains provisions which, to a certain extent, protect the living standards of the workers most likely to be affected, including those eligible for pay equity adjustments.
5. 544. The complainant states that the Government introduced the wage restraint legislation without any consultation with the public sector or its bargaining agent, whereas the Government asserts that it conducted province-wide hearings to inform the people of the severity of the economic crisis and to receive suggestions. In view of the contradiction between these two arguments, the Committee will only recall the final remarks made on this subject in the Report of the Study and Information Mission to Canada: "... such consultation is doubly important where the Government seeks to alter bargaining structures in which it acts actually or indirectly as employer. Time available for consultation must be adequate. Obviously it may be limited by the urgency of action in face of economic problems. Its effectiveness can be reduced by the attitude taken by the trade unions concerned. But it is a truism that proposals should be openly discussed, clarified and doubts, fears and misunderstandings resolved before legislation takes its final form" (241st Report, para. 224).
6. 545. The Committee regrets that the Government did not give priority to collective bargaining as a means of determining employment conditions of its public servants, but rather that it felt compelled to adopt the Act respecting Compensation Restraint in the Public Sector, 1991. The Committee trusts that restrictions on collective bargaining will be limited to a two-year period, and that unrestricted and free collective bargaining will resume thereafter.
7. 546. The Committee further notes that the Board established under the Act is primarily a regulatory/administrative board which may, by virtue of section 22, authorise applications for a change in terms of employment including compensation rate increases in certain cases, subject to the restrictions imposed by the Act. The Committee recalls the importance of an independent dispute resolution body not bound by pre-established legislative criteria, in order to gain and retain the confidence of the parties.
8. 547. In the view of the Committee, the expiry of the Act in May 1993 should render possible a return to a normal situation in which collective bargaining can take place freely with recourse being available, where appropriate, to independent arbitration. The marked loss of confidence of the unions and other negative effects on industrial relations that have resulted from the wage restraint legislation could, to some extent, be offset by consideration being given by the Government, in consultation with the unions, to ensuring that the collective bargaining system enjoys the fullest confidence of the parties. The Committee invites the Government to take such measures.

ANNEX

1. Extracts of the Public Sector Compensation Restraint Act
2. .....
3. 2. In this Act,
4. (a) "Board" means the Board established pursuant to the regulations;
5. (b) "collective agreement" means
6. (i) a collective agreement as defined in the Civil Service Collective
7. Bargaining Act,
8. .....
9. (c) "compensation plan" means a collective agreement or, where employees do
10. not have a collective agreement, terms of employment;
11. (d) "compensation rates" means single rates of remuneration or ranges of rates
12. of remuneration, including costs of living adjustments, or, where no such
13. rates or ranges exist, any fixed or ascertainable amounts of remuneration;
14. (e) "date of expiry" means
15. (i) the day, on or after the fourteenth day of May, 1991, that a compensation
16. plan expires but for this Act, or
17. (ii) the day immediately preceding the day of the first scheduled increase in
18. compensation rates on or after the fourteenth day of May, 1991, provided for
19. by the plan,
20. whichever is earlier;
21. .....
22. PART I
23. PUBLIC EMPLOYEES
24. 5. This Part applies to
25. (a) persons appointed pursuant to the Civil Service Act; ...
26. (c) persons appointed by the Governor in Council to the public service; ...
27. (h) employees of a municipality ...;
28. (i) employees of a school board; ...
29. (k) employees of universities ...;
30. (l) employees of hospitals ...;
31. 6. A compensation plan finalised before the fourteenth day of May, 1991, shall
32. not be changed except in accordance with this Act.
33. 7. (1) Where a compensation plan was finalised before the fourteenth day of
34. May, 1991, then, notwithstanding anything contained in the plan, the plan
35. continues in effect in respect of that employee or group of employees, as the
36. case may be, for a period of two years from the date of expiry of the plan
37. with the implementation on or after the fourteenth day of May, 1991, of any
38. change in terms of employment set out in the plan except that
39. (a) there shall not be any increase in compensation rates; and
40. (b) the plan itself shall not be changed,
41. on or after the fourteenth day of May, 1991.
42. (2) Upon completion of the two-year period referred to in subsection (1),
43. (a) the compensation plan continues for a further period of time equal to the
44. period of time that remained for the plan when the two-year period began; and
45. (b) any change in compensation rates scheduled by the plan to be effective on
46. or after the fourteenth day of May, 1991, takes effect two years after the
47. date specified in the plan.
48. (3) Notwithstanding subsection (2) or anything contained in a compensation
49. plan,
50. (a) a collective agreement may, at the option of the bargaining agent of the
51. employees to whom the agreement applies, be renegotiated; and
52. (b) a compensation plan that is not a collective agreement may be changed,
53. in respect of any period remaining in the plan after the two-year period
54. referred to in subsection (1).
55. 8. (1) Where
56. (a) a compensation plan has expired before the fourteenth day of May, 1991;
57. and
58. (b) a new compensation plan is not finalised before the fourteenth day of May,
59. 1991,
60. the expired plan is continued, effective from when it expired but for this
61. Act, except that the compensation rate for each position covered by the
62. compensation plan shall be increased by five per cent effective the date the
63. compensation plan expired.
64. (2) Where the compensation plan expired more than one year before the
65. fourteenth day of May, 1991, the compensation rate for each position covered
66. by the compensation plan shall be increased by a further five per cent
67. effective one year after the compensation plan expired.
68. (3) The date of expiry for the purpose of this Act of a compensation plan
69. continued by subsection (1) is deemed to be one year after the effective date
70. of the last increase provided by this section.
71. (4) The compensation plan referred to in subsection (1) continues in force for
72. a period of two years from the deemed date of expiry of the plan, without
73. change in the plan.
74. 10. (1) During any period a compensation plan is continued by section 7 or 8,
75. an increase in compensation rates may be paid to or received by an employee
76. (a) as a result of an increase in the minimum wage or in accordance with an
77. order pursuant to the Labour Standards Code; ...
78. 11. A compensation plan to which this Act applies, entered into or established
79. at any time, is of no force or effect to the extent that it provides for
80. compensation rates in excess of compensation rates permitted by this Act. ...
81. PART V
82. PAY EQUITY
83. 20. This Part applies to increases in compensation rates made pursuant to the
84. Pay Equity Act.
85. 21. Notwithstanding the Pay Equity Act, pay equity adjustments to which an
86. employee is entitled on the first day of September, 1991, pursuant to that Act
87. shall not be made until April of 1992 but shall be retroactive to the first
88. day of September, 1991, and nothing in this Act, except this section, affects
89. the Pay Equity Act.
90. PART VI
91. GENERAL
92. 22. (1) Where a question arises pursuant to this Act as to
93. (a) whether a compensation plan is a compensation plan to which this Act
94. applies;
95. (b) whether a compensation plan complies with this Act;
96. (c) the date of expiry of a compensation plan; ...
97. the Board shall decide the question and the decision or order of the Board is
98. final and conclusive and not open to question or review but the Board may, if
99. it considers it advisable to do so, reconsider any decision or order made by
100. it pursuant to this Act and may vary or revoke any decision or order made by
101. it pursuant to this Act.
102. 23. Every person who fails to comply with this Act, the regulations or an
103. order of the Board is guilty of an offence and is liable on summary conviction
104. to the penalty provided for in the Summary Proceedings Act.
105. 24. (1) The Governor in Council may make regulations
106. (a) designating any compensation plan or class thereof to which this Act
107. applies and the date as of which this Act is applicable thereto and, where
108. necessary, prescribing the manner in which this Act is to be applied.
109. (b) determining whether the Act applies to a person, agency, authority, board,
110. commission, corporation or organisation; ...
111. (h) further defining "compensation plan" or prescribing the peron or the class
112. of persons whose method of compensation is deemed to be a compensation plan
113. for the purpose of this Act;
114. (i) further defining "compensation rates";
115. (j) defining any word or expression used in this Act and not defined therein;
116. (k) respecting any matter that the Governor in Council considers necessary or
117. advisable to carry out effectively the intent and purpose of this Act.
118. (2) A regulation made pursuant to this Act may, if it so provides, be made
119. retroactive in its operation to a date not earlier than the fourteenth day of
120. May, 1991. ...
121. 25. This Act has effect on, from and after the fourteenth day of May, 1991,
122. and shall accordingly be read, construed, interpreted and given effect on,
123. from and after that date.