16.(1) When an employer has undertaken to pay a sum of money for the benefit of his employees for the insurance of the cost of services which become insured services, he must, if the amount which he pays in respect of an employee under section 82 is less than the amount which he would otherwise have paid in respect of such employee, remit the difference to him as the instalments become due until such undertaking has terminated, and indicate to his employees, not later than 1 February 1971, the amount which is so owing to each of them and the manner in which it was established; when the employees are represented by a certified association within the meaning of the Labour Code (chapter C-27), the employer must give such indications to such association.
(2) The employer shall be relieved of the obligation to remit to an employee the amount owing to him under subsection 1 if such employee accepts equivalent benefits in exchange; when employees are represented by a certified association within the meaning of the Labour Code, such association may accept on behalf of the employees the granting to them by the employer of equivalent benefits.
(3) Payment of the amounts owing by an employer to his employees under subsections 1 and 2 cannot be claimed by them before 1 February 1971.
(4) If the undertaking by the employer exists under a collective agreement within the meaning of the Labour Code, any difference arising out of the application of this section shall be a grievance within the meaning of the Labour Code, as if it were a case of the interpretation or application of the collective agreement binding the employer and such association; in other cases, recourse may be had to arbitration as if an arbitration clause had been agreed upon between the parties.
(5) For the purposes of this section, the word “employee” includes retired persons and this section shall not apply to employees governed by a collective agreement within the meaning of the Labour Code when such agreement expressly provides for the manner of disposing of insurance of the cost of services which become insured services.