Bill C-31
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45 ELIZABETH II |
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CHAPTER 18 |
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An Act to implement certain provisions of the
budget tabled in Parliament on March 6,
1996
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[Assented to 20th June, 1996]
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Budget
Implementation Act, 1996.
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PART I |
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HUMAN RESOURCES MANAGEMENT |
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| R.S., c. C-23
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Canadian Security Intelligence Service Act |
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2. The Canadian Security Intelligence
Service Act is amended by adding the
following after section 9:
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| No suspension
of arbitration
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9.1 (1) Notwithstanding section 62 of the
Public Service Staff Relations Act but subject
to subsection (2), the operation of sections 64
to 75.1 of that Act is not suspended in respect
of the resolution of any dispute applicable to
employees of the Service.
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| Limit on
maximum rate
of increase
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(2) During the period referred to in section
62 of the Public Service Staff Relations Act, an
arbitration board, as defined in subsection
2(1) of that Act, shall, in rendering an arbitral
award, limit the aggregate amount of any
increase in pay and other benefits in respect of
any dispute applicable to employees of the
Service to that concluded through collective
bargaining or otherwise by a comparable
bargaining unit in the Public Service, within
the meaning of that Act, after the
compensation plan applicable to that
bargaining unit ceased to be continued by
virtue of the Public Sector Compensation Act.
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| R.S., c. F-11
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Financial Administration Act |
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3. The Financial Administration Act is
amended by adding the following after
section 7:
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| Group
insurance and
benefit
programs
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7.1 (1) The Treasury Board may establish or
enter into a contract to acquire group
insurance or benefit programs for the public
service of Canada or any part thereof, may set
any terms and conditions in respect of those
programs, including those relating to
premiums, contributions, benefits,
management and control and expenditures to
be made from those contributions and
premiums and may audit and make
contributions and pay premiums in respect of
those programs.
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| Remainder of
Act does not
apply
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(2) This Act, other than this section, does
not apply to any contributions made or
premiums paid by the Treasury Board or the
members in respect of any program
established pursuant to subsection (1) or any
benefits received by the members of such a
program.
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4. Section 10 of the Act is amended by
adding the following after paragraph (d):
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5. (1) Subsection 11(1) of the Act is
amended by adding the following in
alphabetical order:
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| ``Work Force
Adjustment
Directive'' « Directive sur le réaménage- ment des effectifs »
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``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 on
the recommendation of the National Joint
Council of the Public Service and with the
approval of the Treasury Board or in
accordance with this section or any other
Act.
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(2) Subsection 11(2) of the Act is amended
by adding the following after paragraph
(g):
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(3) Section 11 of the Act is amended by
adding the following after subsection (2):
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| Appoint- ments
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(2.01) An employee who does not accept an
offer of employment made in the
circumstances referred to in paragraph
(2)(g.1) that is a reasonable job offer within
the meaning of the Work Force Adjustment
Directive or who accepts an offer of
employment that is not a reasonable job offer
within that meaning is entitled to be appointed
to a position and to enter any competition in
respect of a position as if the employee had
been laid off in accordance with section 29 of
the Public Service Employment Act.
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| Excuse for not
accepting
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(2.02) Every employee who did not accept
an offer of employment from the body or
corporation referred to in paragraph (2)(g.1)
before the date on which the offer is to be
accepted and who establishes to the
satisfaction of the Treasury Board that the
employee was unaware of the offer or
incapable of indicating an acceptance of the
offer is deemed to have accepted the offer
before that date and is deemed to be an
employee referred to in subsection (2.01).
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(4) Section 11 of the Act is amended by
adding the following after subsection (5):
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| Amendments
to Work Force
Adjustment
Directive by
mutual
agreement
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(6) The Treasury Board and bargaining
agents may, by agreement in writing, amend
the Work Force Adjustment Directive in
respect of any subject matter, but only as it
relates to their collective agreements or
arbitral awards and only as it relates to the
circumstances arising from a transfer referred
to in paragraph (2)(g.1).
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| Amendments
to Work Force
Adjustment
Directive by
Governor in
Council
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(7) The Governor in Council, on the
recommendation of the Treasury Board, may
amend the Work Force Adjustment Directive
in respect of any subject matter, but only as it
relates to the circumstances arising from a
transfer referred to in paragraph (2)(g.1).
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| Work Force
Adjustment
Directive
ceases to
apply
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(8) Notwithstanding any indication to the
contrary that may be contained in any other
Act or a collective agreement or arbitral award
or any other terms and conditions of
employment of employees of a body or
corporation, the Work Force Adjustment
Directive ceases to apply to an employee of a
body or corporation immediately before the
date on which the employment of the
employee is terminated pursuant to paragraph
(2)(g.1).
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| National Joint
Council
agreements
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(9) Notwithstanding any other Act, where
agreements of the National Joint Council of
the Public Service are incorporated by
reference in a collective agreement or arbitral
award or would otherwise be part of the terms
and conditions of employment of employees
of a body or corporation, those agreements of
the National Joint Council of the Public
Service cease to apply to an employee of a
body or corporation immediately before the
date on which the employment of the
employee is terminated pursuant to paragraph
(2)(g.1).
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| Accrued
benefits
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(10) Notwithstanding subsections (8) and
(9), Her Majesty in right of Canada, as
represented by the Treasury Board, continues
to be responsible for any obligation of Her
Majesty in respect of benefits arising out of
agreements of the National Joint Council of
the Public Service or the Work Force
Adjustment Directive that have accrued to
employees of a body or corporation
immediately before the date on which the
work, undertaking or business is transferred to
the body or corporation as described in
paragraph (2)(g.1) as a result of the
termination of employment of those
employees provided for under that paragraph.
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| 1995, c. 17,
s. 7
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6. Subsection 12(3) of the Act is replaced
by the following:
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| Delegation of
authorization
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(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 one or more persons
under their jurisdiction or any other person to
exercise or perform any such power or
function.
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| 1991, c. 24,
s. 15
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7. Section 37 of the Act is replaced by the
following:
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| Lapse
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37. The balance of an appropriation that
remains unexpended at the end of a fiscal year
or such longer period as may be specified in an
appropriation Act or any other Act of
Parliament, after adjustment for the recording
of debts incurred and other amounts due or
owing referred to in section 37.1, shall lapse.
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| R.S. c. L-2
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Canada Labour Code |
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8. The portion of subsection 44(1) of the
Canada Labour Code before the definition
``business'' is replaced by the following:
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| Definitions
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44. (1) In this section and sections 45 to
47.1,
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9. Section 47 of the Act is replaced by the
following:
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| Where portion
of public
service
established as
federal
business
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47. (1) Where the name of any portion of the
public service of Canada specified from time
to time in Part I or II of Schedule I to the Public
Service Staff Relations Act is deleted and that
portion of the public service of Canada is
established as or becomes a part of a
corporation or business to which this Part
applies, or where a portion of the public
service of Canada included in a portion of the
public service of Canada so specified in Part
I or II of Schedule I to that Act is severed from
the portion in which it was included and
established as or becomes a part of such a
corporation or business,
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| Application
for
certification
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(2) A trade union may apply to the Board for
certification as the bargaining agent for the
employees affected by a collective agreement
or arbitral award referred to in subsection (1),
but may so apply only during a period in which
an application for certification of a trade union
is authorized to be made under section 24.
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| Application
for order
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(3) Where the employees in a portion of the
public service of Canada that is established as
or becomes a part of a corporation or business
to which this Part applies are bound by a
collective agreement or arbitral award, the
corporation or business, as employer of the
employees, or any bargaining agent affected
by the change in employment, may, during the
period beginning on the one hundred and
twentieth day and ending on the one hundred
and fiftieth day after the date on which the
portion of the public service of Canada is
established as or becomes a part of the
corporation or business, apply to the Board for
an order determining the matters referred to in
subsection (4).
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| Determi- nation of Board
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(4) Where an application is made under
subsection (3) by a corporation or business or
bargaining agent, the Board, by order, shall
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| Application
for leave to
serve a notice
to bargain
collectively
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(5) Where the Board determines, pursuant
to paragraph (4)(c), that a collective
agreement or arbitral award shall remain in
force, either party to the collective agreement
or arbitral award may, not later than sixty days
after the date the Board makes its
determination, apply to the Board for an order
granting leave to serve on the other party a
notice to bargain collectively.
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| Application to
bargain
collectively
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(6) Where no application for an order is
made pursuant to subsection (3) within the
period specified in that subsection, the
corporation or business, as employer of the
employees, or any bargaining agent bound by
a collective agreement or arbitral award that,
by subsection (1), is continued in force, may,
during the period commencing on the one
hundred and fifty-first day and ending on the
two hundred and tenth day after the date the
portion of the public service of Canada is
established as or becomes a part of the
corporation or business, apply to the Board for
an order granting leave to serve on the other
party a notice to bargain collectively.
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| Effect of
order
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(7) Where the Board has made an order
pursuant to paragraph (4)(c), this Part applies
to the interpretation and application of any
collective agreement or arbitral award
affected thereby.
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| Arbitral award
deemed part
of collective
agreement
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(8) An arbitral award that is continued in
force by virtue of subsection (1) is deemed to
be
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for the purposes of section 49, and this Part,
other than section 80, applies in respect of the
renewal or revision of the collective
agreement or entering into a new collective
agreement.
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| Where notice
to bargain
collectively
given prior to
deletion
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47.1 Where, before the deletion or
severance referred to in subsection 47(1),
notice to bargain collectively has been given
in respect of a collective agreement or arbitral
award binding on employees of a corporation
or business who, immediately before the
deletion or severance, were part of the public
service of Canada,
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| Order
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47.2 The Governor in Council may, by
order, exclude from the operation of sections
47 and 47.1 any portion of the public service
of Canada that is deleted or severed as
described in subsection 47(1) where the
Governor in Council, on the recommendation
of the Minister after consultation with the
Treasury Board and the Minister responsible
for that portion of the public service of
Canada, is of the opinion that it is in the public
interest to do so.
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| Airports
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47.3 Notwithstanding sections 6 and 7 of
the Airport Transfer (Miscellaneous Matters)
Act, sections 47 to 47.2 apply in the place of
sections 6 and 7 of that Act with respect to
employees designated pursuant to that Act as
designated employees for an airport sold,
leased or otherwise transferred to a
corporation or other body designated pursuant
to that Act.
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10. Section 189 of the Act is renumbered
as subsection 189(1) and is amended by
adding the following:
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| Inclusion
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(2) For the purposes of subsection (1), a
federal work, undertaking or business
includes
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