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Bill C-31

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R.S., c. 33 (2nd Supp.)

Parliamentary Employment and Staff Relations Act

11. The Parliamentary Employment and Staff Relations Act is amended by adding the following after section 53:

Limit on increases for certain period

53.1 Notwithstanding any other provision of this Act, during the period in which the referral of a dispute to arbitration as the process for the resolution of a dispute under the Public Service Staff Relations Act is suspended under section 62 of that Act, the Board 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 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.

1991, c. 30

Public Sector Compensation Act

12. (1) The definition ``compensation'' in subsection 2(1) of the Public Sector Compensation Act is amended by adding the following after paragraph (b):

      (b.1) pursuant to 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 Council and with the approval of the Treasury Board or in accordance with this Act or section 11 of the Financial Administration Act, in respect of any subject-matter, but only in the circumstances arising from a transfer referred to in paragraph 11(2)(g.1) of that Act,

(2) The definition ``compensation'' in subsection 2(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (b), by adding the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):

      (d) in respect of severance pay or accumulated vacation or annual leave in the circumstances arising from a transfer referred to in paragraph 11(2)(g.1) of the Financial Administration Act.

13. The Act is amended by adding the following after section 8:

Performance pay

8.1 Notwithstanding section 8, the Treasury Board may, on or after July 1, 1996, amend the terms and conditions relating to merit or performance increases, in-range increases or performance bonuses of a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies.

Members of the Canadian Forces

8.2 Notwithstanding any other provision of this Act, on or after April 1, 1996, the wage rates in effect under the compensation plan in respect of non-commissioned members of the Canadian Forces may be increased by an amount not exceeding 2.2 per cent in the manner in which the plan was established.

R.S., c. P-33

Public Service Employment Act

14. Subsection 6(5) of the Public Service Employment Act is replaced by the following:

Delegation by deputy head

(5) Subject to subsection (6), a deputy head may authorize one or more persons under the jurisdiction of the deputy head or any other person to exercise and perform any of the powers, functions or duties of the deputy head under this Act including, subject to the approval of the Commission and in accordance with the authority granted by it under this section, any of the powers, functions and duties that the Commission has authorized the deputy head to exercise and perform.

15. Section 21 of the Act is amended by adding the following after subsection (4):

Exception

(5) Section 10 and the rights of appeal provided by this section do not apply to appointments made under subsection 29(1.1) or (3), 30(1) or (2) or 39(3) of this Act or subsection 11(2.01) of the Financial Administration Act or any regulations made under paragraph 35(2)(a) of this Act.

1992, c. 54, s. 19(1)

16. Subsection 29(1) of the Act is replaced by the following:

Laying off employees

29. (1) Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside the Public Service, otherwise than where the employment of the employee is terminated in the circumstances referred to in paragraph 11(2)(g.1) of the Financial Administration Act, the deputy head, in accordance with the regulations of the Commission, may lay off the employee.

R.S., c. P-35

Public Service Staff Relations Act

17. The definition ``employee'' in subsection 2(1) of the Public Service Staff Relations Act is amended by striking out the word ``or'' at the end of paragraph (i), by adding the word ``or'' at the end of paragraph (j) and by adding the following after paragraph (j):

    (k) a person who is employed in a portion of the public service of Canada specified in Part I of Schedule I under a program designated by the Treasury Board as a student employment program,

18. The Act is amended by adding the following immediately before section 49:

Successor rights

48.1 (1) Where the name of any portion of the Public Service specified from time to time in Part I of Schedule I is deleted therefrom and added to Part II of that Schedule, or where a portion of the Public Service included in a portion of the Public Service so specified in Part I of Schedule I is severed from the portion in which it was included and established as or becomes a part of a portion of the Public Service specified in Part II of that Schedule, a collective agreement or arbitral award that applies to any employees in that portion of the Public Service and that is in force at the time the portion of the Public Service is established as or becomes a part of such a separate employer continues in force, subject to this section, until its term expires.

Application for certification

(2) An employee organization 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 an employee organization is authorized to be made under section 31.

Application for order

(3) Where the employees in a portion of the Public Service that is established as or becomes a part of a separate employer are bound by a collective agreement or arbitral award, the 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 is established as or becomes a part of the separate employer, apply to the Board for an order determining the matters referred to in subsection (4).

Determi-
nation of Board

(4) Where an application is made under subsection (3) by an employer or bargaining agent, the Board, by order, shall

    (a) determine whether the employees of the separate employer who are bound by any collective agreement or arbitral award constitute one or more units appropriate for collective bargaining;

    (b) determine which employee organization shall be the bargaining agent for the employees in each such unit; and

    (c) in respect of each collective agreement or arbitral award that applies to employees of the separate employer,

      (i) determine whether the collective agreement or arbitral award shall remain in force, and

      (ii) if the collective agreement or arbitral award is to remain in force, determine whether it shall remain in force until the expiration of its term or expire on such earlier date as the Board may fix.

Application for leave to give a notice to bargain collectively

(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 ninety days after the date the Board makes its determination, apply to the Board for an order granting leave to give to the other party a notice to bargain collectively.

Application to bargain collectively

(6) Where no application for an order is made pursuant to subsection (3) within the period specified in that subsection after the date a portion of the Public Service is established as or becomes a part of a separate employer, the separate employer 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 fortieth day after the date the portion of the Public Service is established as or becomes a part of the separate employer, apply to the Board for an order granting leave to give to the other party a notice to bargain collectively.

Where notice to bargain collectively given prior to deletion

(7) Where, before the deletion or severance referred to in subsection (1), notice to bargain collectively has been given in respect of a collective agreement or arbitral award binding on employees in what is now established as or has become a part of a portion of the Public Service specified in Part II of Schedule I, who, immediately before the deletion or severance were part of the Public Service specified in Part I of that Schedule,

    (a) the terms and conditions of employment contained in a collective agreement or arbitral award that, by virtue of section 52, are continued in force immediately before the date of the deletion or severance or that were last continued in force before that date, in respect of those employees shall continue or resume in force on and after that date and shall be observed by the separate employer, the bargaining agent for those employees and those employees until the requirements of sections 102 to 104 have been met, unless the employer and the bargaining agent agree otherwise;

    (b) on application by the separate employer or bargaining agent for those employees, made during the period beginning on the one hundred and twentieth day and ending on the one hundred and fiftieth day after the date of the deletion or severance, the Board shall make an order determining

      (i) whether the employees of the separate employer who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and

      (ii) which employee organization shall be the bargaining agent for the employees in each such unit; and

    (c) where the Board makes the determinations under paragraph (b), the separate employer, or the bargaining agent may, by notice, require the other to commence or recommence collective bargaining for the purpose of entering into a collective agreement.

Inquiry and votes

(8) Before making a determination under subsection (4) or paragraph 7(b), the Board may make such inquiry or direct that such representation votes be taken among the employees to be affected by the determination as the Board considers necessary, and in relation to the taking of any such vote the provisions of subsection 36(3) apply.

1992, c. 54, s. 43

19. Subsection 49(1) of the Act is replaced by the following:

Mergers, amalgama-
tions and transfers of jurisdiction

49. (1) Where, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations, otherwise than as a result of a revocation of certification, an employee organization succeeds another employee organization that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor shall be deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, arbitral award or otherwise.

20. The Act is amended by adding the following after section 61:

Suspension

Suspension

62. (1) The operation of sections 64 to 75.1 is suspended during the period of three years following the coming into force of this section.

Application of Interpreta-
tion Act

(2) Where the operation of sections 64 to 75.1 is suspended pursuant to subsection (1), section 43 of the Interpretation Act applies, with such modifications as the circumstances require, as if the suspended provisions had been repealed.

Deemed references in the remainder of this Act

(3) During the period in which the operation of sections 64 to 75.1 is suspended, this Act shall be read, with such modifications as the circumstances require, without any references to arbitration as a process for the resolution of a dispute and any similar references to arbitration, except in respect of existing arbitral awards.

R.S., c. P-36

Public Service Superannuation Act

21. The definition ``Public Service'' in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:

``Public Service''
« fonction publique »

``Public Service'' means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate and House of Commons, the Library of Parliament and any board, commission, corporation or portion of the public service of Canada specified in Schedule I;

22. (1) Clause 6(1)(a)(iii)(A) of the Act is replaced by the following:

        (A) any period of service that may be counted by that contributor as pensionable service pursuant to paragraph 29(a) or subsection 35(2), 40(11) or (13) or 40.2(9),

(2) Clause 6(1)(b)(iii)(K) of the Act is replaced by the following:

        (K) any period of service described in this paragraph, except a period described in clause (M) or (N), for which the contributor might have elected, under this Part, Part I of the Superannuation Act, the Canadian Forces Superannuation Act, the Royal Canadian Mounted Police Superannuation Act or any order in council made under The Canadian Forces Act, 1950, as amended by the Canadian Forces Act, 1954, to pay, but for which the contributor failed so to elect within the time prescribed therefor, if the contributor elects, at any time before ceasing to be employed in the Public Service, to pay for that service,

(3) Subparagraph 6(1)(b)(iii) of the Act is amended by adding the following after clause (L):

        (M) subject to the regulations, any period of service in respect of which payment of a transfer value to a contributor has been effected in accordance with subsection 13.01(2), if the contributor elects, in accordance with the regulations, to pay for that service, and

        (N) subject to the regulations, any period of service in respect of which a payment has been made in respect of the contributor pursuant to an agreement entered into under subsection 40.2(2), if the contributor elects, in accordance with the regulations, to pay for that service.

1992, c. 46, s. 5(2)

23. Paragraph 7(1)(k) of the Act is replaced by the following:

    (k) in respect of any period specified in clause 6(1)(b)(iii)(I.1), (L), (M) or (N), such amount as is determined in accordance with the regulations.

24. The Act is amended by adding the following after section 8:

Special procedures for certain elections

8.1 Where an election is made to count as pensionable service a period of service specified in clause 6(1)(b)(iii)(M) or (N), section 8 applies in the manner and to the extent set out in the regulations.

25. (1) Subsection 10(1) of the Act is amended by adding the following in alphabetical order:

``transfer value''
« valeur de transfert »

``transfer value'' means a lump sum amount, representing the value of the contributor's pension benefits, as determined in accordance with the regulations.

(2) Subsection 10(4) of the Act is replaced by the following:

Capitaliza-
tion

(4) Where a person who is a contributor or surviving spouse has become entitled under this Part to an annuity or annual allowance the amount of which would be less than two per cent of the Year's Maximum Pensionable Earnings within the meaning of subsection 11(3) in respect of the year in which the request is made, there may be paid to that person, on request by that person, to the Minister in writing within three months from the day on which written notice is sent by the Minister informing the person of the amount of the annuity or annual allowance, an amount determined in accordance with the regulations to be the capitalized value of the annuity or annual allowance, which payment shall be in lieu of any other benefit under this Part and Part III.

(3) Subsection 10(9) of the Act is replaced by the following:

Interest on return of contributions

(9) For the purposes of the definition ``return of contributions'' in subsection (1), interest shall be calculated in such manner as the regulations provide and on such balances as are determined in accordance with the regulations,

    (a) at the rate of four per cent, compounded annually, for any period before January 1, 1997; and

    (b) at the rates established in the regulations made under paragraph 44(1)(c), compounded quarterly, for any period on or after January 1, 1997.

26. Subsection 11(7) of the Act is amended by adding the following after paragraph (c):

    (c.1) a person who has to that person's credit pensionable service described in clause 6(1)(b)(iii)(M) or (N) is deemed to have received during that period such salary as was authorized as payable to that person from time to time;

27. The heading before section 12 of the Act is replaced by the following:

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