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ORGANIZATION |
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| Board of
Governors
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7. The School shall have a Board of
Governors composed of not more than fifteen
governors, including a Chair and three ex
officio governors.
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27. Subsection 8(1) of the Act is replaced
by the following:
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| Appointment
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8. (1) The governors of the School, other
than the Chair and ex officio governors, shall
be appointed by the Governor in Council to
hold office during pleasure for terms not
exceeding three years, their terms being
staggered so that not more than one half of
their terms will expire in any year.
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28. Subsection 10(3) of the Act is replaced
by the following:
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| Ex officio
governors
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(3) The Secretary of the Treasury Board, the
President of the Public Service Commission
and the President of the School are ex officio
governors.
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29. Section 12 of the Act is replaced by the
following:
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| Meetings
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12. The Board is responsible for the conduct
and management of the affairs of the School
and shall meet at least twice during each fiscal
year at the time and place determined by the
Chair.
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30. The headings before section 13 and
sections 13 and 14 of the Act are replaced by
the following:
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OFFICERS AND EMPLOYEES |
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President |
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| Appointment
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13. (1) The Governor in Council shall, after
consultation by the Minister with the Board,
appoint an officer, to be called the President of
the School, to hold office for a term not
exceeding five years, and the President has the
rank and status of a deputy minister.
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| Chief
executive
officer
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(2) The President is the chief executive
officer of the School and has supervision over
and direction of the work and staff of the
School.
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| Programs and
studies
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(3) In exercising supervision over the
School and direction of its programs, the
President shall take into consideration the
policies of the Government of Canada as well
as the learning, training and development
needs and priorities of the Public Service as
determined by the Treasury Board.
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| Acting
President
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(4) In the event of a vacancy in the office of
President, the Board may appoint a senior
officer of the School to act as President, but the
term of such an appointment shall not exceed
ninety days except with the approval of the
Governor in Council.
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| Reappointmen
t
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14. On the expiration of any term of office,
the President is eligible to be reappointed for
a further term.
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31. (1) Subsections 15(1) and (2) of the Act
are replaced by the following:
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| Appointments
under Public
Service
Employment
Act
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15. (1) The officers and employees
necessary for the conduct of the work of the
School shall be appointed in accordance with
the Public Service Employment Act.
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| Other
appointments
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(2) Despite subsection (1), the President
may, on behalf of the School, appoint and
employ teaching and research staff and may,
with the approval of the Treasury Board,
establish the terms and conditions of their
employment, including their remuneration.
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(2) Subsections 15(3) and (4) of the
English version of the Act are replaced by
the following:
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| Act not
applicable
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(3) The Public Service Staff Relations Act
does not apply to any person employed by the
School under subsection (2).
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| Acts and
regulations
applicable
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(4) Each person employed by the School
under subsection (2) is deemed to be an
employee for the purposes of the Government
Employees Compensation Act, to be
employed in the public service of Canada for
the purposes of any regulations made under
section 9 of the Aeronautics Act, and to be
employed in the Public Service for the
purposes of the Public Service
Superannuation Act.
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| 2001, c. 4,
s. 69(F)
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32. Sections 16 to 18 of the Act are
replaced by the following:
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| Contracts
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16. The President may enter into contracts
for the provision of teaching and research
services to the School and for other
professional services connected with the
management of the programs of the School.
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BY-LAWS |
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| Power to
make by-laws
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17. The Board may make by-laws
respecting the conduct and management of the
affairs of the School, including the exercise of
its powers under section 5, and may by those
by-laws establish an executive committee and
delegate to that committee any of its powers or
functions.
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FEES |
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| Setting
amount of
fees
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18. (1) The Board may, with the approval of
the Treasury Board, prescribe the fees or the
manner of determining the fees
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| Offset
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(2) Subject to any conditions imposed by
the Treasury Board, the revenue from fees
received by the School in a fiscal year through
the conduct of its operations may be spent by
the School for its purposes in that, or the next,
fiscal year.
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33. The heading before section 19 of the
Act is replaced by the following:
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REVIEW AND REPORT |
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34. (1) Subsection 19(1) of the Act is
replaced by the following:
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| Annual report
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19. (1) Within four months after the end of
each fiscal year, the Board shall submit to the
Minister a report on the operations of the
School.
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(2) Subsection 19(3) of the Act is replaced
by the following:
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| Review and
report
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(3) The Board shall, before December 1,
2006 and within every five years after that
date, cause a review and report to be made of
the activities and organization of the School.
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35. Section 20 of the Act and the heading
before it are repealed.
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PART 5 |
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TRANSITIONAL |
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DIVISION 1 |
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TRANSITIONAL PROVISIONS ARISING FROM THE ENACTMENT OF THE PUBLIC SERVICE LABOUR RELATIONS ACT IN PART 1 |
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Interpretation
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| Definitions
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36. (1) The following definitions apply in
this Division.
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| ``Chairperson'
' « président »
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``Chairperson'' means the Chairperson of
the new Board.
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| ``former Act'' « ancienne loi »
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``former Act'' means the Public Service
Staff Relations Act, being chapter P-35 of
the Revised Statutes of Canada, 1985.
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| ``former
Board'' « ancienne Commission »
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``former Board'' means the Public Service
Staff Relations Board established by
section 11 of the former Act.
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| ``new Act'' « nouvelle loi »
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``new Act'' means the Public Service Labour
Relations Act, enacted by section 2 of this
Act.
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| ``new Board'' « nouvelle Commission »
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``new Board'' means the Public Service
Labour Relations Board established by
section 12 of the new Act.
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| Meaning of
other words
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(2) Words and expressions used in this
Division have the same meaning as in the
former Act or the new Act, as the context
requires.
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Public Service Staff Relations Board
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| Certain
members
continue
|
37. Each member of the former Board,
other than the Deputy Chairpersons,
holding office immediately before the day
on which section 12 of the new Act comes
into force continues to hold office and is
deemed to have been appointed under that
section to hold office for the remainder of
the term for which he or she had been
appointed before the coming into force of
that section.
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| Deputy
Chairpersons
|
38. The Deputy Chairpersons of the
former Board cease to hold office on the day
on which section 12 of the new Act comes
into force.
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| Transfer of
proceedings
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39. (1) Subject to this Division, any
proceeding that the former Board was
seized of immediately before the day on
which section 12 of the new Act comes into
force is transferred to the new Board to be
disposed of in accordance with the new Act.
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| Continuing
jurisdiction of
Deputy
Chairperson
|
(2) A Deputy Chairperson of the former
Board may, at the request of the
Chairperson, continue to hear, consider or
decide any matter that was before the
Deputy Chairperson before the day on
which section 12 of the new Act comes into
force and in respect of which there was any
proceeding in which he or she participated.
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| Powers
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(3) For the purposes of subsection (2), a
Deputy Chairperson may exercise any of
the powers of a panel of the new Board.
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| Refusal to
complete
duties
|
(4) If a Deputy Chairperson who was a
member of a panel refuses to continue to
hear, consider or decide any matter
referred to in subsection (2), 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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| Supervision
by
Chairperson
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(5) The Chairperson has supervision over
and direction of the work of any Deputy
Chairperson who continues to hear,
consider or decide a matter under
subsection (2).
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| Fees and
expenses
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40. A Deputy Chairperson of the former
Board who continues to hear, consider or
decide a matter under subsection 39(2)
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| Limitation
period
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41. The Chairperson may withdraw from
a Deputy Chairperson of the former Board
any matter referred to in subsection 39(2)
that is not disposed of within one year after
the day on which section 12 of the new Act
comes into force and determine the matter
or assign it to a panel of the new Board 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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| Secretary of
former Board
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42. (1) The person who, immediately
before the day on which section 48 of the
new Act comes into force, held the office of
secretary of the former Board is deemed to
have been appointed to the office of
Executive Director of the new Board,
without prejudice to any salary and benefits
he or she may receive by virtue of having
held that office before that day.
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| Officers and
employees
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(2) Nothing in the new Act affects the
status of any person who was an officer or
employee of the former Board immediately
before the day on which section 49 of the
new Act comes into force, except that, as of
that day, the person is an officer or
employee, as the case may be, of the new
Board.
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| Rights and
obligations
transferred
|
43. 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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44. Every reference to the former Board
in a deed, contract or other document
executed by the former Board in its own
name is to be read as a reference to the new
Board, unless the context otherwise
requires.
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| Transfer of
appropriations
|
45. Any amount appropriated, for the
fiscal year that includes the day on which
section 12 of the new Act comes into force,
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 that day, is unexpended is deemed, on
that day, to be an amount appropriated for
defraying the charges and expenses of the
public service of Canada for the new Board.
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| Continuation
of legal
proceedings
|
46. Any action, suit or other proceeding,
to which the former Board is a party, that is
pending in any court on the day on which
section 12 of the new Act comes into force
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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| Decisions,
etc., continued
|
47. Every decision, order, determination
and declaration made by the former Board
is deemed to have been made by the new
Board and may be enforced as such.
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Bargaining Agents and Bargaining Units
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|
| Certification
continued
|
48. (1) Each employee organization that,
immediately before the day on which
section 64 of the new Act comes into force,
was certified as the bargaining agent for a
bargaining unit continues to be certified as
the bargaining agent for the bargaining
unit.
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| Effects of
certification
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(2) Section 67 of the new Act applies as
though the employee organization had been
certified under the new Act.
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| Legal officers
|
49. (1) For the purposes of the new Act,
including any application under section 58
of the new Act, an employee who, on or after
the day on which the definition
``managerial or confidential position'' in
subsection 2(1) of that Act comes into force,
is employed as a legal officer in the
Department of Justice or the Canada
Customs and Revenue Agency is deemed
not to be included in any unit determined,
in accordance with the former Act, to
constitute a unit of employees appropriate
for collective bargaining.
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| New
application
required
|
(2) For greater certainty, any employee
organization that wishes to represent
employees in a bargaining unit that
includes one or more employees referred to
in subsection (1) must proceed by way of an
application under section 54 of the new Act.
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|
Managerial or Confidential Position
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|
| Certain
positions
continued
|
50. Every position that was a position
referred to in any of paragraphs (a), (b), (e),
(f) and (g) of the definition ``managerial or
confidential position'' in subsection 2(1) of
the former Act immediately before the day
on which the definition ``managerial or
confidential position'' in subsection 2(1) of
the new Act comes into force is deemed, as
of that day, to be a managerial or
confidential position within the meaning of
subsection 2(1) of the new Act.
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|
Choice of Process for Dispute Resolution
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|
| Process for
resolution of
disputes
|
51. The process for resolution of a dispute
specified by a bargaining agent for a
bargaining unit and recorded by the former
Board continues to be the process
applicable to that bargaining unit until it is
changed in accordance with the new Act.
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|
Collective Agreements and Arbitral
Awards
|
|
| Collective
agreements
|
52. Every collective agreement entered
into under the former Act that is in force
immediately before the day on which the
definition ``collective agreement'' in
subsection 2(1) of the new Act comes into
force is deemed to be a collective agreement
entered into under the new Act and
continues in force until its term expires.
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| Arbitral
awards
|
53. Every arbitral award made under the
former Act that is in force immediately
before the day on which the definition
``arbitral award'' in subsection 2(1) of the
new Act comes into force is deemed to be an
arbitral award made under the new Act and
continues in force until its term expires.
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|
Conciliators and Fact Finders
|
|
| Conciliators
|
54. Every person appointed as a
conciliator under section 53 of the former
Act before the day on which that section is
repealed may continue to act after that day
in accordance with that section and section
54 of the former Act, as those sections read
immediately before that day, except that the
references to ``Chairperson'' in section 54
of the former Act are to be read as
references to the Chairperson of the new
Board.
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| Fact finders
|
55. Every person appointed as a fact
finder under section 54.1 of the former Act
before the day on which that section is
repealed may continue to act after that day
in accordance with section 54.4 of the
former Act, as that section read
immediately before that day and sections
54.1 to 54.6 of the former Act, as those
sections read immediately before that day,
apply after that day to the parties being
assisted by the fact finder, except that the
references in those sections to
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