(1) Where a trade union has been certified in accordance with this Division, or has made application for certification under this Division, an employer who decides to close or restructure an undertaking must communicate in writing to the Labour Commissioner and to the trade union—
(a) reasonable notice of intention;
(b) reason for closure or restructuring; and
(c) the number and categories of employees to be affected.
(2) An employer who closes an undertaking without complying with subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000.
(3) In any prosecution under subsection (2), the onus shall be on the employer to prove that he or she gave the Labour Commissioner and the trade union concerned reasonable notice and reasons for the closure or restructuring.