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Bill C-76

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42-43-44 ELIZABETH II

CHAPTER 17

An Act to implement certain provisions of the budget tabled in Parliament on February 27, 1995

[Assented to 22nd June, 1995]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Budget Implementation Act, 1995.

PART I

COMPENSATION

1991, c. 30

Public Sector Compensation Act

1994, c. 18, s. 5

2. Section 7.1 of the Public Sector Compensation Act is renumbered as subsection 7.1(1) and is amended by adding the following:

Merger with new program

(2) On or after the date of the coming into force of section 7.2,

    (a) a payment under the Civilian Reduction Program shall not be offered or given pursuant to subsection (1) to or on behalf of an indeterminate employee of the Department of National Defence or Emergency Preparedness Canada unless that employee is a surplus employee within the meaning of the Work Force Adjustment Directive; and

    (b) any employee referred to in paragraph (a) who has been offered a payment pursuant to subsection (1), whether before or after that date, but has not yet ceased to be an employee within the meaning of the Public Service Employment Act becomes subject to the program and section 7.2 applies to that employee, except that the payment is given in an amount and subject to any other terms and conditions respecting the payment fixed for the Civilian Reduction Program pursuant to subsection (1) and no other payment may be offered or given to that employee pursuant to section 7.2.

Definitions

(3) For the purposes of this section and sections 7.2, 7.3 and 7.4,

``program''
« programme »

``program'' means a program respecting early departure incentives, unpaid surplus status, lay offs and related matters arising from the February 27, 1995 budget;

``public service''
« administrati on publique »

``public service'' means the entities referred to in subsection 3(1);

``Work Force Adjustment Directive''
« Directive sur le réaménageme nt des effectifs »

``Work Force Adjustment Directive'' means the Work Force Adjustment Directive issued on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board, that came into force on December 15, 1991, as amended from time to time in accordance with subsection 7.3(2) and (3).

3. The Act is amended by adding the following after section 7.1:

Early departure incentive

7.2 (1) Notwithstanding this Act or any other Act of Parliament except the Canadian Human Rights Act, or any directive, policy, regulation or agreement made under any such Act,

    (a) the Governor in Council, on the recommendation of the Treasury Board, may fix the terms and conditions of a program arising from the February 27, 1995 budget and designate any department or portion of the public service or any part of that department or portion of the public service to which that program is to apply; and

    (b) the Treasury Board may offer or give, to or on behalf of an employee of the department or portion of the public service designated pursuant to paragraph (a) who is a surplus employee within the meaning of the Work Force Adjustment Directive or otherwise subject to the program, a payment under the program and, subject to the terms and conditions fixed pursuant to paragraph (a),

      (i) may, no earlier than six months after the date on which the offer is received by the employee, place the employee on unpaid surplus status within the meaning of the program, and

      (ii) shall lay off the employee where a reasonable job offer within the meaning of the Work Force Adjustment Directive was not made within twelve months after the commencement of the unpaid surplus status or the employee refuses the reasonable job offer.

Effect of being laid off

(2) An employee within the meaning of the Public Service Employment Act who is laid off pursuant to subparagraph (1)(b)(ii) ceases to be an employee under that Act, but is entitled to the same rights and privileges to which that person would otherwise be entitled as a person laid off under that Act.

Authorization of deputy head to exercise powers and perform duties of Board

(3) The Treasury Board may authorize the deputy head of a department or the chief executive officer of any portion of the public service to exercise and perform, in such manner and subject to such terms and conditions as the Treasury Board directs, any of the powers, duties and functions of the Treasury Board under subsection (1).

Work Force Adjustment Directive not subject to collective bargaining

7.3 (1) Notwithstanding this Act or any other Act of Parliament except the Canadian Human Rights Act, or any directive, policy, regulation or agreement made under any such Act, the Work Force Adjustment Directive, any term or condition of employment relating to job security or work force adjustment or any matter in relation to which the Directive may be issued or amended, whether or not the Directive is included in a collective agreement or arbitral award that has ceased, or may cease, to operate, shall not be the subject of collective bargaining, or be embodied in a collective agreement or arbitral award within the meaning of the Public Service Staff Relations Act, in respect of any portion of the public service of Canada specified in Part I of Schedule I of that Act, during the period of three years beginning on the coming into force of this section.

Amendments by mutual agreement

(2) The Treasury Board and bargaining agents may, by agreement in writing, amend the Work Force Adjustment Directive but only as it relates to their collective agreements or arbitral awards, whether their collective agreements or arbitral awards are in force or have ceased to operate.

Amendments to Work Force Adjustment Directive by Governor in Council

(3) The Governor in Council, on the recommendation of the Treasury Board, may amend the Work Force Adjustment Directive in relation to any of the following matters:

    (a) the suspension of the separation benefit;

    (b) geographical limitations with respect to guaranteed offers of appointment made as a result of privatization and contracting out situations within the meaning of the Directive; and

    (c) proceeding with a contract in a contracting out situation within the meaning of the Directive.

Expiration

(4) Any amendment to the Work Force Adjustment Directive made pursuant to subsection (3) ceases to have effect on the expiration of three years after the coming into force of this section.

Amendments to Work Force Adjustment Directive incorporated by reference

(5) Notwithstanding any other Act of Parliament or any collective agreement or arbitral award that incorporates by reference the Work Force Adjustment Directive and any amendments thereto, any amendment to the Directive made pursuant to subsection (3) is incorporated by reference in the collective agreement or arbitral award, subject to such modifications as are required by that Act and the collective agreement or arbitral award.

Changes to compensation plan re voluntary leave

7.4 (1) The Governor in Council may change any terms and conditions of a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies if those terms and conditions are, in the opinion of the Treasury Board, required to implement the voluntary leave without pay programs arising from the February 27, 1995 budget.

Expiration

(2) Any change to a compensation plan made by the Governor in Council pursuant to subsection (1) ceases to have effect on the expiration of three years after the coming into force of this section.

1993, c. 13, s. 6

4. Section 8 of the Act is replaced by the following:

Amendment to collective agreements and arbitral awards

8. (1) Subject to subsection (3), the parties to any collective agreement or arbitral award that includes a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies may, by agreement in writing, amend any terms and conditions of the collective agreement or arbitral award otherwise than by increasing

    (a) wage rates; or

    (b) any form of compensation referred to in subsection 5(1.1).

Unilateral and other amendments to compensation plan

(2) Subject to subsection (3), in the case of a compensation plan not contained in a collective agreement or arbitral award, the terms and conditions of the plan, other than any terms and conditions relating to wage rates or any form of compensation referred to in subsection 5(1.1), may be amended in the manner in which the plan was established.

Restriction of cost

(3) No amendment may be made at any time to the terms and conditions of a compensation plan pursuant to subsection (1) or (2) if, as determined in accordance with subsection (4), the aggregate of all such amendments made at that time to the plan directly result in any increase in the total amount of expenditures to be incurred in respect of the department or other portion of the public service of Canada or part thereof to which the plan relates.

Determination

(4) For the purposes of subsection (3), the determination shall be made

    (a) by the Governor in Council, on the recommendation of the Treasury Board, where the plan relates to employees employed in or by the entities referred to in paragraph 3(1)(a) or (b), the staff of ministers of the Crown or persons referred to in paragraphs 3(2)(b), (c) and (d) and subsection 3(3); or

    (b) by the appropriate employer, where the plan relates to

      (i) the entities referred to in paragraph 3(1)(c),

      (ii) the staff of the members of the Senate and the House of Commons,

      (iii) the Chief Electoral Officer,

      (iv) the Commissioner of Official Languages for Canada, or

      (v) the Governor and Deputy Governor of the Bank of Canada.

Transitional and Expiration

Transitional

5. Where, before or after the coming into force of section 3 of this Act but before that section ceases to be in force, an employee of a department or portion of the public service designated pursuant to paragraph 7.2(1)(a) of the Public Sector Compensation Act, as enacted by section 3 of this Act, becomes a surplus employee referred to in paragraph 7.2(1)(b) of the Public Sector Compensation Act, as enacted by section 3 of this Act, but has not yet ceased to be such an employee, the employee, on the coming into force of section 3 of this Act, becomes subject to the program within the meaning of section 7.2 of the Public Sector Compensation Act, as enacted by section 3 of this Act, and that section continues to apply to that employee, whether or not that section ceases to be in force.

Expiration

6. The provisions of the Public Sector Compensation Act, as enacted by this Part, cease to be in force on the expiration of three years after the coming into force of this section.

PART II

MANAGEMENT OF LABOUR

R.S., c. F-11

Financial Administration Act

7. Subsection 12(3) of the Financial Administration Act is replaced by the following:

Delegation of authorization

(3) Any person authorized pursuant to subsection (1) or (2) to exercise and perform any of the powers and functions of the Governor in Council or the Treasury Board may, subject to and in accordance with the authorization, authorize any other person under their jurisdiction or who is part of the public service of Canada to exercise or perform any such power or function.

R.S., c. P-33

Public Service Employment Act

8. (1) Section 29 of the Public Service Employment Act is amended by adding the following after subsection (1):

Departmental priorities

(1.1) Notwithstanding subsections (3) and 30(1) and (2), section 39 and any regulations made pursuant to paragraph 35(2)(a), where the deputy head has informed an employee that the employee will be laid off pursuant to subsection (1) or section 7.2 of the Public Sector Compensation Act, the Commission may, before the lay off becomes effective and if it is of the opinion that it is in the best interests of the Public Service to do so, appoint the employee, without competition and in priority to all other persons, to another position under the jurisdiction of the deputy head for which, in the opinion of the Commission, the employee is qualified.

1992, c. 54, s. 19(2)

(2) Subsection 29(5) of the Act is replaced by the following:

Exception

(5) Subsections (1.1), (3) and (4) do not apply to a person whose tenure in the Public Service, at the time the person was informed that the person would be laid off, was for a specified period.

9. The Act is amended by adding the following after section 30:

Non-applicati on of priority provisions

31. Notwithstanding subsections 29(1.1) and (3) and 30(1) and (2), section 39 and any regulations made pursuant to paragraph 35(2)(a), where the Commission is of the opinion that the appointment of a person having a right to appointment in priority to other persons pursuant to any of those provisions will result in another person having such a right, the Commission may decide not to apply that provision to that case.

10. The Act is amended by adding the following after section 37.2:

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