Bill C-20
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
PART IV |
|
|
|
HUMAN RESOURCES AND LABOUR RELATIONS |
|
|
|
Designated Employees |
|
| Designated
employees
who have
accepted offer
of
employment
|
58. Every designated employee who has
accepted an offer of employment from the
Corporation before the transfer date ceases to
be employed in the Public Service on the
expiration of the day immediately before the
transfer date.
|
|
| Designated
employees
who have not
accepted offer
of
employment
|
59. (1) Subject to section 60, every
designated employee who was an
indeterminate employee immediately before
the transfer date and who did not accept an
offer of employment from the Corporation
before that date ceases to be employed in the
Public Service six months after the designated
employee was so designated or earlier if the
designated employee so requests.
|
|
| Appoint- ments
|
(2) A designated employee referred to in
subsection (1) is entitled to be appointed,
without competition,
|
|
|
|
|
|
|
|
|
|
|
|
to a position in the Public Service for which,
in the opinion of the Public Service
Commission, the designated employee is
qualified.
|
|
| Competitions
|
(3) A designated employee referred to in
subsection (1) is entitled to enter, for a period
of one year beginning on the day the
designated employee ceases to be employed
in the Public Service, any competition for
which the designated employee would have
been eligible had the designated employee not
ceased to be employed in the Public Service.
|
|
| Term
employees
|
(4) Every designated employee who was
not an indeterminate employee immediately
before the transfer date and who did not accept
an offer of employment from the Corporation
before that date ceases to be employed in the
Public Service on the expiration of the day
immediately before the transfer date.
|
|
| Excuse for not
accepting
|
60. Every designated employee who did not
accept an offer of employment from the
Corporation before the transfer date and who
establishes to the satisfaction of the Minister
that the designated employee was unaware of
the offer or incapable of indicating an
acceptance of the offer is deemed to have
accepted the offer before the transfer date and
is deemed to be a designated employee
referred to in section 58.
|
|
| Programs that
do not apply
|
61. The following do not apply to
designated employees:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Collective Agreements and Arbitral Awards |
|
| Collective
agreements
and arbitral
awards
continued
|
62. (1) Every collective agreement or
arbitral award that applies to a designated
employee referred to in section 58 and that is
in force immediately before the transfer date
continues in force until its term expires.
|
|
| Extended
collective
agreements
continued
|
(2) Every collective agreement referred to
in subsection (1) that is in force beyond the
term of the agreement by virtue of an
extension provided for in the collective
agreement continues in force until the
extension expires.
|
|
| Binding effect
of continued
collective
agreements
and arbitral
awards
|
(3) A collective agreement or arbitral award
continued under this section is binding on
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Application of
Acts
|
(4) The Public Service Staff Relations Act
and the Public Service Employment Act
continue to apply on and after the transfer date
in all respects to all matters arising before the
transfer date in relation to the interpretation
and application of any collective agreement or
arbitral award continued under this section,
whether or not the collective agreement or
arbitral award has expired.
|
|
| Grievances -
proceedings
continued
|
(5) Proceedings under Part IV of the Public
Service Staff Relations Act that were
commenced before the transfer date in respect
of a collective agreement or arbitral award
continued under this section shall be
continued as though the Corporation were the
employer referred to in the collective
agreement or arbitral award.
|
|
| Grievances -
proceedings
may be
commenced
|
(6) Where events giving rise to a right to
commence proceedings under Part IV of the
Public Service Staff Relations Act in respect of
a collective agreement or arbitral award
continued under this section occurred before
the transfer date but the proceedings had not
commenced before that date, the proceedings
may be commenced on or after the transfer
date in accordance with the collective
agreement or arbitral award and proceeded
with as though the Corporation were the
employer referred to in the collective
agreement or arbitral award.
|
|
| Deeming
|
(7) For the purposes of subsections (5) and
(6), anything done, or not done, by Her
Majesty in right of Canada as represented by
the Treasury Board is deemed to have been
done, or to have not been done, as the case may
be, by the Corporation.
|
|
| Settlement of
differences
|
(8) Subsections 57(2) to (6), sections 58 to
66 and subsection 67(5) of the Canada Labour
Code apply in respect of differences
concerning the interpretation, application,
administration or alleged violation of any
collective agreement or arbitral award
continued by this section that arise on or after
the transfer date between
|
|
|
|
|
|
|
|
|
|
| Deeming
|
(9) A collective agreement or arbitral award
continued by this section is deemed to be a
collective agreement within the meaning of
section 49 of the Canada Labour Code, and
Part I of that Act, other than section 80, applies
in respect of the renewal or revision of the
collective agreement or the entering into of a
new collective agreement.
|
|
| Expired
collective
agreements or
arbitral
awards
|
63. (1) Where a collective agreement or
arbitral award that applied to a designated
employee referred to in section 58 has expired
and has not been renewed, revised or replaced
before the transfer date,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Grievances
|
(2) Proceedings under Part IV of the Public
Service Staff Relations Act that were
commenced before the transfer date in respect
of a collective agreement, arbitral award or
terms and conditions of employment
mentioned in subsection (1) shall be continued
as though the Corporation were the employer
referred to in the collective agreement or
arbitral award or bound by the terms and
conditions of employment.
|
|
| Grievances -
proceedings
may be
commenced
|
(3) Where events giving rise to a right to
commence proceedings under Part IV of the
Public Service Staff Relations Act in respect of
a collective agreement, arbitral award or
terms and conditions of employment
mentioned in subsection (1) occurred before
the transfer date but the proceedings had not
commenced before that date, the proceedings
may be commenced on or after the transfer
date and be proceeded with as though the
Corporation were the employer referred to in
the collective agreement or arbitral award or
bound by the terms and conditions of
employment.
|
|
| Deeming
|
(4) For the purposes of subsections (2) and
(3), anything done, or not done, by Her
Majesty in right of Canada as represented by
the Treasury Board is deemed to have been
done, or to have not been done, as the case may
be, by the Corporation.
|
|
| Corporation
deemed
employer for
arbitration
purposes
|
(5) The Corporation is deemed to be the
employer referred to in any collective
agreement or arbitral award mentioned in
subsection (1) for the purposes of the conduct
of any proceedings under Part I of the Canada
Labour Code in relation to the matters referred
to in paragraph (1)(b).
|
|
| Notice to
bargain
|
(6) Subject to subsection (7), for the
purposes of paragraph (1)(c), a notice to
bargain collectively is deemed to have been
given under Part I of the Canada Labour Code
on the transfer date.
|
|
| Notice to
bargain
|
(7) For the purposes of paragraph (1)(c), a
notice to bargain collectively given under
section 50 of the Public Service Staff
Relations Act in respect of a collective
agreement or arbitral award is deemed to have
been given under Part I of the Canada Labour
Code on the day it was given.
|
|
| Where
arbitration in
progress
|
(8) Where arbitration has been requested
under section 64 of the Public Service Staff
Relations Act before the transfer date in
respect of a dispute arising in connection with
the conclusion, renewal or revision of a
collective agreement that applies to a
designated employee referred to in section 58
and no arbitral award has been made, the
arbitration shall be continued in accordance
with that Act.
|
|
| Collective
agreement or
arbitral award
resulting from
arbitration
|
(9) A collective agreement or arbitral award
referred to in subsection 66(2) of the Public
Service Staff Relations Act made in
consequence of arbitration continued under
subsection (8) is binding on
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
and subsections 62(8) and (9) apply, with such
modifications as the circumstances require, in
respect of the collective agreement or arbitral
award as if it were a collective agreement or
arbitral award referred to in those subsections.
|
|
| Where
conciliation in
progress
|
(10) Where a conciliation board has been
established under section 77 of the Public
Service Staff Relations Act before the transfer
date in respect of a dispute arising in
connection with the conclusion, renewal or
revision of a collective agreement that applies
to a designated employee referred to in section
58 and the conciliation board has not made a
report to the Chairperson of the Public Service
Staff Relations Board,
|
|
|
|
|
|
|
|
|
|
| Where
conciliation
completed
|
(11) Where a conciliation board has been
established under section 77 of the Public
Service Staff Relations Act before the transfer
date in respect of a dispute arising in
connection with the conclusion, renewal or
revision of a collective agreement that applies
to a designated employee referred to in section
58 and the conciliation board has made a
report to the Chairperson of the Public Service
Staff Relations Board, but seven days have not
elapsed since the Chairperson received the
report, the requirements of subsection 89(1) of
the Canada Labour Code are deemed to have
been met on the expiration of those seven days
in respect of the employees of the Corporation
in the bargaining unit represented by the
bargaining agent that is a party to the dispute.
|
|
| Where
conciliation
board refused
|
(12) Where the Chairperson of the Public
Service Staff Relations Board has, in respect
of a dispute arising in connection with the
conclusion, renewal or revision of a collective
agreement that applies to a designated
employee referred to in section 58, notified
the parties to the dispute pursuant to section 77
of the Public Service Staff Relations Act
before the transfer date of the Chairperson's
intention not to establish a conciliation board
and the agreement has not been renewed,
revised or replaced, the notification is deemed
to have been given under paragraph 72(1)(d)
of the Canada Labour Code on the day it was
given.
|
|
| Right to strike
preserved
|
(13) Where designated employees referred
to in section 58 are members of a bargaining
unit represented by a bargaining agent that
immediately before the transfer date had the
right to declare or authorize a strike in respect
of that bargaining unit, the requirements of
subsection 89(1) of the Canada Labour Code
are deemed to have been met in respect of the
bargaining unit.
|
|
| Expiration
date of
collective
agreements
and arbitral
awards
|
64. The expiration date of a collective
agreement or arbitral award continued under
section 62 is the date that would have been the
expiration date of the collective agreement or
arbitral award under the Public Sector
Compensation Act had this Act not been
enacted.
|
|
| Work Force
Adjustment
Directive does
not apply
|
65. Notwithstanding any indication to the
contrary that may be contained in a collective
agreement or arbitral award continued under
section 62 or mentioned in section 63, the
Work Force Adjustment Directive does not
apply to employees of the Corporation.
|
|
| National Joint
Council
agreements
|
66. (1) Where agreements of the National
Joint Council of the Public Service are
incorporated by reference in a collective
agreement or arbitral award continued under
section 62 or mentioned in section 63, the
incorporation by reference applies only in
respect of those agreements as they read
immediately before the transfer date.
|
|
| Expiration
date of
agreements
|
(2) Notwithstanding any indication to the
contrary that may be contained in a collective
agreement or arbitral award continued under
section 62 or mentioned in section 63, the
expiration date of any agreements of the
National Joint Council of the Public Service
that are incorporated by reference is the
expiration date of the collective agreement or
arbitral award.
|
|
| Employment
deemed to be
continuous
|
67. (1) For the purposes of the Canada
Labour Code and any collective agreement or
arbitral award continued under section 62 or
mentioned in section 63, the employment of a
designated employee referred to in section 58
by Her Majesty in right of Canada as
represented by the Treasury Board and the
Corporation is deemed to be continuous.
|
|
| Vacation leave
|
(2) For greater certainty and without
restricting the generality of subsection (1), a
designated employee referred to in section 58
is not entitled to claim payment from Her
Majesty in right of Canada as represented by
the Treasury Board in respect of earned but
unused vacation leave on ceasing to be
employed in the Public Service,
notwithstanding
|
|
|
|
|
|
|
|
|
|
| Her Majesty
no longer
responsible
|
68. Subject to any agreement entered into
between Her Majesty in right of Canada and
the Corporation before the transfer date, Her
Majesty in right of Canada ceases on the
transfer date to be responsible for any
obligation of Her Majesty in right of Canada
as represented by the Treasury Board arising
out of or under any collective agreement or
arbitral award continued under section 62 or
mentioned in section 63 or any terms and
conditions of employment applicable to a
designated employee immediately before the
transfer date.
|
|