| 1992, c. 5
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Airport Transfer (Miscellaneous Matters) Act |
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72. The heading before section 6 and
sections 6 and 7 of the Airport Transfer
(Miscellaneous Matters) Act are repealed.
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| R.S., c. F-7
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Federal Court Act |
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| 1990, c. 8,
s. 8
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73. Paragraph 28(1)(h) of the Federal
Court Act is replaced by the following:
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| R.S., c. F-11
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Financial Administration Act |
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| 1992, c. 1,
s. 72(Sch. II);
1996, s. 11,
s. 57
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74. Schedule I.1 to the Financial
Administration Act is amended by striking
out the reference in column I to
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Canada Labour Relations Board
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and the corresponding reference in column
II to the ``Minister of Human Resources
Development''.
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75. Schedule I.1 to the Act is amended by
adding the following in alphabetical order
in column I:
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Canada Industrial Relations Board
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and a corresponding reference in column II
to the ``Minister of Human Resources
Development''.
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| 1990, c. 3
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Museums Act |
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76. (1) The portion of subsection 41(3) of
the Museums Act before paragraph (a) is
replaced by the following:
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| Order
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(3) On application by a museum or
bargaining agent to which subsection (1)
applies, made within thirty days after the
coming into force of this Act, the Canada
Industrial Relations Board shall make an
order determining
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(2) Subsection 41(4) of the English
version of the Act is replaced by the
following:
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| Notice to
bargain
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(4) Where the Canada Industrial Relations
Board has made an order under subsection (3),
the museum, as employer, or the bargaining
agent may, by notice, require the other to
commence collective bargaining for the
purpose of entering into a collective
agreement.
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| R.S., c. P-21
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Privacy Act |
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| 1993, c. 34,
s. 104(2)
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77. The schedule to the Privacy Act is
amended by striking out the following
under the heading ``Other Government
Institutions'':
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Canada Labour Relations Board
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78. The schedule to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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Canada Industrial Relations Board
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| 1991, c. 30
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Public Sector Compensation Act |
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79. Schedule I to the Public Sector
Compensation Act is amended by striking
out the following under the heading ``Other
Portions of the Public Service'':
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Canada Labour Relations Board
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80. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Portions of the
Public Service'':
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Canada Industrial Relations Board
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| R.S., c. P-35
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Public Service Staff Relations Act |
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| 1993, c. 34,
s. 106(2)
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81. Part I of Schedule I to the Public
Service Staff Relations Act is amended by
striking out the following:
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Canada Labour Relations Board
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82. Part I of Schedule I of the Act is
amended by adding the following in
alphabetical order:
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Canada Industrial Relations Board
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| 1992, c. 33
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Status of the Artist Act |
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83. Paragraph 9(3)(b) of the Status of the
Artist Act is replaced by the following:
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| 1996, c. 11,
s. 88(E)
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84. Subsection 60(2) of the Act is replaced
by the following:
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| Certificate of
Minister is
evidence
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(2) A certificate, purporting to be signed by
the Minister or an official of the Federal
Mediation and Conciliation Service , stating
that any document referred to in this Part was
or was not received or given by the Minister
pursuant to this Part and, if received or given,
stating the date that it was received or given,
is admissible in evidence in any court without
proof of the signature or official character of
the Minister or official, or any further proof.
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References |
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| Other
references
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85. The expression ``Canada Labour
Relations Board'' is replaced by the
expression ``Canada Industrial Relations
Board'' in any other Act of Parliament and
in any instrument made under an Act of
Parliament, unless the context otherwise
requires.
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TRANSITIONAL |
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| Definitions
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86. The following definitions apply in this
section and sections 87 to 94.
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| ``Chairper- son'' « président »
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``Chairperson'' means the Chairperson of
the new Board appointed under
subsection 10(1) of the new Act.
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| ``commencem
ent day'' « date de référence »
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``commencement day'' means the day on
which this section and sections 87 to 94
come into force.
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| ``former Act'' « ancienne loi »
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``former Act'' means the Canada Labour
Code as it read immediately before the
commencement day.
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| ``former
Board'' « ancien Conseil »
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``former Board'' means the Canada Labour
Relations Board continued by section 9 of
the former Act.
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| ``new Act'' « nouvelle loi »
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``new Act'' means the Canada Labour Code
as amended by this Act.
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| ``new Board'' « nouveau Conseil »
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``new Board'' means the Canada Industrial
Relations Board established by section 9
of the new Act.
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| Members
cease to hold
office
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87. The members of the former Board
cease to hold office on the commencement
day.
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| Transfer of
proceedings
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88. (1) Subject to subsection (2), any
proceeding that the former Board was
seized of on the day immediately preceding
the commencement day shall be transferred
to and disposed of by the new Board in
accordance with the new Act.
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| Continuing
jurisdiction of
members
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(2) Any member of the former Board
may, at the request of the Chairperson,
continue to hear, consider or decide any
matter that was before the member before
the commencement day and in respect of
which there was any proceeding in which
they participated as a member.
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| Refusal to
complete
duties
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(3) Where a member of a panel refuses to
continue to hear, consider or decide any
matter referred to in subsection (1), the
chairperson of the panel may continue to
hear, consider or decide the matter or the
Chairperson may remove that matter from
the panel and hear, consider or decide that
matter or assign a Vice-Chairperson or a
panel of the new Board to do so on any terms
and conditions that the Chairperson may
specify for the protection and preservation
of the rights and interests of the parties.
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| Powers
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(4) For the purposes of subsection (2), the
members of the former Board shall exercise
the powers of the new Board.
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| Supervision
by
Chairperson
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(5) The Chairperson of the new Board
has supervision over and direction of the
work of members of the former Board who
exercise powers under subsection (4).
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| Fees
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89. (1) Each member of the former Board
who continues to hear, consider or decide
any matter under subsection 88(2), shall be
paid any fees for that member's services
that may be fixed by the Governor in
Council.
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| Travel and
living
expenses
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(2) Each member of the former Board
who exercises powers under subsection
88(4) is entitled to be paid reasonable travel
and living expenses incurred by the
member in the course of the member's
duties under this Act while absent from the
member's ordinary place of residence.
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| Limitation
period
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90. The Chairperson may withdraw from
the members of the former Board any
matter referred to in subsection 88(2) that
is not disposed of within one year after the
commencement day and determine the
matter or assign it to a Vice-Chairperson or
a panel of the new Board on such terms and
conditions as the Chairperson may specify
for the protection and preservation of the
rights and interests of the parties.
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| Decisions
continued
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91. Any decision, including any order,
determination or declaration, made by the
former Board is deemed to have been made
by the new Board.
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| Staff
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92. (1) Nothing in this Act shall be
construed as affecting the status of an
employee who, immediately before the
coming into force of this section, occupied a
position in the former Board except that the
employee shall, on the coming into force of
this section, occupy their position in the new
Board under the authority of the
Chairperson.
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| Definition of
``employee''
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(2) In this section, ``employee'' has the
same meaning as in subsection 2(1) of the
Public Service Employment Act.
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| Rights and
obligations
transferred
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93. (1) All rights and property held by or
in the name of or in trust for the former
Board and all obligations and liabilities of
the former Board are deemed to be rights,
property, obligations and liabilities of the
new Board.
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| References
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(2) Every reference to the former Board
in a deed, contract or other document
executed by the former Board in its own
name shall, unless the context otherwise
requires, be read as a reference to the new
Board.
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| Transfer of
appropriations
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(3) Any amount appropriated for the
fiscal year that includes the commencement
day, by an appropriation Act based on the
Estimates for that year for defraying the
charges and expenses of the public service
of Canada for the former Board and that,
on the commencement day, is unexpended
is deemed, on that day, to be an amount
appropriated for defraying the charges and
expenses of the new Board.
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| Continuation
of legal
proceedings
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94. Any action, suit or other proceeding
to which the former Board is party pending
in any court on the commencement day may
be continued by or against the new Board in
the like manner and to the same extent as it
could have been continued by or against the
former Board.
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| When certain
provisions
apply
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95. Subsections 71(1) and (2), 72(3) and
73(2), sections 74 to 79, subsection 82(1),
sections 86, 87.1, 87.2 and 87.3 and
paragraphs 89(1)(d) and (f) of the Canada
Labour Code, as enacted by this Act, apply
only with respect to disputes that arise in
cases where notice to bargain collectively
was given after the coming into force of the
provision.
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| Application of
paragraph
94(3)(d.2) of
the Canada
Labour Code
|
96. Paragraph 94(3)(d.2) of the Canada
Labour Code, as enacted by subsection 42(3)
of this Act, applies only to strikes and
lockouts that occur after the coming into
force of that paragraph.
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