|
|
|
|
|
|
|
|
|
|
Alternate Dispute Resolution Process
|
|
| Section 61 of
the former
Act
|
56. Every person to whom terms and
conditions were referred under section 61
of the former Act before the day on which
that section is repealed may continue to act
after that day in accordance with the
provisions of the former Act as they read
immediately before that day.
|
|
|
|
Arbitration
|
|
| Arbitration
|
57. (1) The following rules apply to
requests for arbitration made before the
day on which section 136 of the new Act
comes into force and for which no arbitral
award had been made before that day:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Restriction
|
(2) For greater certainty, an arbitral
award may be made under subsection (1)
only in respect of a term or condition of
employment that could have been
embodied in an arbitral award made under
the former Act as it read immediately
before the day on which section 140 of the
new Act comes into force.
|
|
|
|
Designations, Conciliation and
Prohibitions
|
|
| Provisions of
former Act
apply
|
58. (1) If, before the day on which section
105 of the new Act comes into force, a notice
to bargain collectively was given under the
former Act in respect of a bargaining unit
for which the process for resolution of a
dispute is conciliation and no collective
agreement was entered into before that day
as a result of the notice, paragraphs (a) to (c)
apply to the employer, the bargaining agent
for the bargaining unit and every employee
in the bargaining unit until a collective
agreement is entered into:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Non-applicati
on
|
(2) For greater certainty, if subsection (1)
applies to the employer, the bargaining
agent for the bargaining unit and every
employee in the bargaining unit, Divisions
8, 10, 11 and 14 of Part 1 of the new Act do
not apply to them until a collective
agreement is entered into.
|
|
|
|
Complaints
|
|
| Complaints
referred to in
par. 23(1)(b)
of former Act
|
59. Every complaint referred to in
paragraph 23(1)(b) of the former Act that
was not finally disposed of by the former
Board before the day on which section 221
of the new Act comes into force is deemed,
for the purpose of the new Act, to be a policy
grievance that has been referred to
adjudication and, if a panel of the former
Board had commenced to hear the
complaint, that panel is, subject to section
39, deemed to be an adjudicator or a board
of adjudication, as the case may be.
|
|
| Complaints
referred to in
par. 23(1)(c)
of former Act
|
60. Complaints referred to in paragraph
23(1)(c) of the former Act that were not
finally disposed of by the former Board
before the day on which section 234 of the
new Act comes into force are deemed to
have been withdrawn immediately before
that day.
|
|
|
|
Grievances
|
|
| Former Act
applies
|
61. (1) Subject to subsection (5), every
grievance presented in accordance with the
former Act that was not finally dealt with
before the day on which section 208 of the
new Act comes into force is to be dealt with
on and after that day in accordance with the
provisions of the former Act, as they read
immediately before that day.
|
|
| Adjudicators
|
(2) For the purposes of subsection (1), an
adjudicator under the former Act may
continue to hear, consider or decide any
grievance referred to him or her before the
day on which section 209 of the new Act
comes into force, except that if the
adjudicator was a member of the former
Board, he or she may do so only if requested
to do so by the Chairperson.
|
|
| Supervision
by
Chairperson
|
(3) The Chairperson has supervision over
and direction of the work of any member of
the former Board who continues to hear,
consider or decide a grievance under
subsection (2).
|
|
| Refusal to
complete
duties
|
(4) If an adjudicator under the former
Act refuses to continue to hear, consider or
decide a grievance referred to in subsection
(2), the Chairperson may, on any terms and
conditions that the Chairperson may
specify for the protection and preservation
of the rights and interests of the parties,
refer the grievance to a member of the new
Board.
|
|
| Appointment
after
commenceme
nt day
|
(5) If a grievance referred to in subsection
(1) is referred to adjudication after the day
on which section 209 of the new Act comes
into force, the provisions of the new Act
apply with respect to the appointment of the
adjudicator.
|
|
| Powers
|
(6) For the purposes of subsections (2)
and (5), the adjudicator may exercise any of
the powers an adjudicator under the
former Act could have exercised under that
Act.
|
|
| Fees and
expenses
|
62. Each adjudicator under the former
Act who continues to hear, consider or
decide a grievance under subsection 61(2)
who, at the time of his or her appointment,
was a member of the former Board or an
adjudicator referred to in paragraph
95(2)(a.1) of the former Act
|
|
|
|
|
|
|
|
|
|
| Limitation
period
|
63. The Chairperson may withdraw from
any member of the former Board any
grievance referred to in subsection 61(2)
that is not disposed of within one year after
the day on which section 209 of the new Act
comes into force and the Chairperson may,
on any terms and conditions that he or she
may specify for the protection and
preservation of the rights and interests of
the parties, refer the matter to a member of
the new Board.
|
|
| Events giving
rise to
individual
grievances
|
64. Subject to regulations made under
section 237 of the new Act or any applicable
collective agreement or arbitral award, an
individual grievance may be presented on
or after the day on which section 208 of the
new Act comes into force in respect of any
event that occurred before that day and that
would have given rise to a right to grieve
under section 91 of the former Act, as that
section read immediately before that day.
|
|
| Events giving
rise to policy
grievances
|
65. Subject to regulations made under
section 237 of the new Act or any applicable
collective agreement or arbitral award, a
policy grievance may be presented on or
after the day on which section 220 of the
new Act comes into force in respect of any
event that occurred before that day if the
matter could have been referred to the
former Board under section 99 of the
former Act, as that section read
immediately before that day.
|
|
| Former
adjudication
orders
|
66. Every order made by an adjudicator
under the former Act is deemed to be an
order made by an adjudicator under the
new Act and may be enforced as such.
|
|
|
|
DIVISION 2 |
|
|
|
TRANSITIONAL PROVISION ARISING FROM THE AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT IN PART 2 |
|
| Deemed
designated
portions
|
67. Every portion of the public service of
Canada designated by the Governor in
Council before the day on which section 8 of
this Act comes into force to be part of the
public service for the purposes of sections
11, 12 and 13 of the Financial
Administration Act is deemed to be a portion
of the federal public administration
designated by the Governor in Council for
the purpose of paragraph (d) of the
definition ``public service'' in subsection
11(1) of the Financial Administration Act, as
enacted by section 8 of this Act.
|
|
|
|
DIVISION 3 |
|
|
|
TRANSITIONAL PROVISIONS ARISING FROM PART 3 |
|
| Definitions
|
68. The following definitions apply in this
Division.
|
|
| ``amended
Act'' « loi modifiée »
|
``amended Act'' means the former Act as
amended by Division 2 of Part 3 of this
Act.
|
|
| ``former Act'' « ancienne loi »
|
``former Act'' means the Public Service
Employment Act, being chapter P-33 of
the Revised Statutes of Canada, 1985.
|
|
| ``former
Commission'' « ancienne Commission »
|
``former Commission'' means the Public
Service Commission established by
subsection 3(1) of the former Act.
|
|
| ``new Act'' « nouvelle loi »
|
``new Act'' means the Public Service
Employment Act, enacted by sections 12
and 13 of this Act.
|
|
| ``new
Commission'' « nouvelle Commission »
|
``new Commission'' means the Public
Service Commission established by
subsection 3(1) of the amended Act.
|
|
|
|
Subdivision a
|
|
|
|
Transitional Provisions Arising from the
Enactment of the Public Service
Employment Act in Division 1 of Part 3
|
|
| Priorities
|
69. Every person who has a priority for
appointment under the amended Act on the
coming into force of subsection 29(1) of the
new Act continues to have priority for
appointment under the new Act for the
period, and in the order, provided for by or
under the amended Act.
|
|
| Pending
competitions
and
appointments
|
70. The coming into force of subsection
29(1) of the new Act does not affect any
competition or other selection process
being conducted under the amended Act.
|
|
| Eligibility lists
|
71. An eligibility list made under the
amended Act that is valid on the coming
into force of subsection 29(1) of the new Act
continues to be valid for the period
provided for under subsection 17(2) of the
amended Act, to a maximum of six months
after the coming into force of subsection
29(1) of the new Act.
|
|
| Pending
appeals
|
72. An appeal taken within the period
provided for under section 21 of the
amended Act and not finally disposed of on
the coming into force of subsection 77(1) of
the new Act must be dealt with and disposed
of in accordance with the amended Act.
|
|
| Pending
deployment
recourse
|
73. A complaint made within the time and
manner provided for under section 34.3 of
the amended Act and not finally disposed of
on the coming into force of subparagraph
209(1)(c)(ii) of the Public Service Labour
Relations Act, as enacted by section 2 of this
Act, must be dealt with and disposed of in
accordance with the amended Act.
|
|
| Audits
|
74. (1) Any audit commenced under
section 7.1 of the amended Act that has not
been completed on the coming into force of
section 17 of the new Act must be dealt with
and disposed of in accordance with the
amended Act.
|
|
| Investigations
|
(2) Any investigation commenced under
section 7.1 of the amended Act that has not
been completed on the coming into force of
section 66 of the new Act must be dealt with
and disposed of in accordance with the
amended Act.
|
|
| Notice of
lay-off
|
75. If, prior to the coming into force of
section 64 of the new Act, an employee was
informed under regulations made under
subsection 29(1) of the amended Act that he
or she would be laid off but was not laid off,
section 29 of the amended Act continues to
apply to the employee.
|
|
| Employees on
probation
|
76. (1) Every employee who was
considered to be on probation under section
28 of the amended Act immediately prior to
the coming into force of section 61 of the
new Act continues to be on probation until
the end of any period that was established
by regulation under section 28 of the
amended Act.
|
|
| Rejection
|
(2) After the coming into force of section
62 of the new Act, subsection 28(2) of the
amended Act continues to apply in respect
of any employee who was considered to be
on probation under section 28 of the former
Act immediately before the coming into
force of section 62 of the new Act.
|
|
|
|
Subdivision b
|
|
|
|
Transitional Provisions Arising from the
Amendments to the Public Service
Employment Act in Division 2 of Part 3
|
|
| Cessation of
office
|
77. The President and members of the
former Commission cease to hold office on
the day on which subsection 3(1) of the
amended Act comes into force.
|
|
| Policies,
delegation
instruments,
etc.
|
78. The regulations, policies, directives,
instruments of delegation and other
instruments issued by the former
Commission before the day on which
subsection 3(1) of the amended Act comes
into force are deemed to be those of the new
Commission on that day.
|
|
| Status of
Commission
employees
|
79. Subject to subsections 87(2) and (3) of
this Act, nothing in the amended Act affects
the status of any person who was an
employee of the former Commission
immediately before the day on which
subsection 3(1) of the amended Act comes
into force, except that, as of that day, the
person is an employee of the new
Commission.
|
|
| Rights and
obligations
transferred
|
80. All rights and property held by or in
the name of or in trust for the former
Commission and all obligations and
liabilities of the former Commission are
deemed to be rights, property, obligations
and liabilities of the new Commission.
|
|
| References
|
81. Every reference to the former
Commission in a deed, contract or other
document executed by the former
Commission in its own name is to be read as
a reference to the new Commission, unless
the context otherwise requires.
|
|
| Transfer of
appropriations
|
82. Any amount appropriated, for the
fiscal year that includes the day on which
subsection 3(1) of the amended 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 Commission 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
Commission.
|
|
| Continuation
of legal
proceedings
|
83. Any action, suit or other proceeding,
to which the former Commission is a party,
that is pending in any court on the day on
which subsection 3(1) of the amended Act
comes into force may be continued by or
against the new Commission in the like
manner and to the same extent as it could
have been continued by or against the
former Commission.
|
|
| Inquiry
|
84. Any inquiry commenced under
section 34 of the former Act that has not
been completed on the coming into force of
section 33.3 of the amended Act must be
dealt with and disposed of in accordance
with the former Act.
|
|