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Bill C-76

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Obligations

Obligations of bargaining agent

17. The bargaining agent and each officer and representative of the bargaining agent shall

    (a) without delay on the coming into force of this Part, give notice to the employees that, by reason of the coming into force of this Part,

      (i) any declaration, authorization or direction to go on strike given to them before the coming into force of this Part is invalid, and

      (ii) government services are to be resumed or continued, as the case may be, and that the employees, when so required, are to resume without delay, or continue, as the case may be, the duties of their employment;

    (b) take all reasonable steps to ensure that employees comply with paragraph 16(b); and

    (c) refrain from any conduct that may encourage employees not to comply with paragraph 16(b).

Obligations of employer

18. No officer or representative of the employer shall

    (a) in any manner impede any employee from complying with paragraph 16(b); or

    (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason only of that employee's having been lawfully on strike before the coming into force of this Part.

Collective Agreements

Resumption of expired agreements

19. The master agreement and each group specific agreement is deemed to have had effect from the date it expired to the coming into force of this Part and shall continue to have effect in respect of the employer, the bargaining agent and the employees until the earlier of

    (a) the day they become bound by a collective agreement concluded by the employer and the bargaining agent, and

    (b) the day they become bound by a collective agreement referred to in subsection 20(3).

Authority to prescribe terms and conditions

20. (1) The Governor in Council may, on the recommendation of the Treasury Board, and taking into account collective agreements entered into by the employer in respect of bargaining units in the Public Service since the Public Sector Compensation Act ceased to apply to compensation plans applicable to them, prescribe

    (a) the terms and conditions of employment applicable to the employees; and

    (b) the period during which those terms and conditions of employment are applicable.

Coming into effect of provisions

(2) The Governor in Council may provide that any of the terms and conditions of employment is effective and binding on a day before or after the beginning of the period prescribed under paragraph (1)(b).

New collective agreements

(3) The terms and conditions prescribed under paragraph (1)(a) constitute a new collective agreement in respect of each group of employees bound by an agreement referred to in Schedule 2.

Public Service Staff Relations Act applies

(4) The Public Service Staff Relations Act applies to the collective agreements referred to in subsection (3) and those collective agreements are effective and binding on the employer, the bargaining agent and the employees for the duration of the period they are applicable, despite any provision of that Act.

Statutory Instruments Act does not apply

(5) For greater certainty, the Statutory Instruments Act does not apply in respect of anything done under this section.

Spent provisions

(6) If the employer, the bargaining agent and employees become bound by a collective agreement concluded by the employer and the bargaining agent before terms and conditions of employment applicable to those employees are prescribed under subsection (1), subsections (1) to (5) and section 22 are deemed to be spent in respect of those employees.

Strikes prohibited

21. During the period beginning on the coming into force of this Part and ending on the expiration of the period during which a collective agreement referred to in paragraph 19(a) or a collective agreement referred to in subsection 20(3), whichever is applicable, has effect,

    (a) no officer or representative of the bargaining agent shall declare, authorize or direct a strike by any employee bound by that collective agreement; and

    (b) no employee bound by that collective agreement shall participate in a strike against the employer.

Amendment of Collective Agreements

Amendments

22. Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to agree to amend any provision of a collective agreement referred to in subsection 20(3) and to give effect to the amendment.

Enforcement

Individuals

23. (1) An individual who contravenes any provision of this Part is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine

    (a) of not more than $50,000, if the individual was acting in the capacity of an officer or representative of the employer or of the bargaining agent when the offence was committed; or

    (b) of not more than $1,000, in any other case.

Bargaining agent

(2) If the bargaining agent contravenes any provision of this Part, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000.

No imprisonm-
ent

24. Despite subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under section 23.

Recovery of fines

25. (1) A fine imposed under this Part constitutes a debt payable to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction or by any manner provided for in any Act of Parliament.

Deductions

(2) A fine imposed under this Part on a bargaining agent or one of its officers or representatives may also be recovered by Her Majesty by deducting the amount of the fine or any portion of the fine from the amount of the membership dues that the employer is or may be required, under any collective agreement between the employer and the bargaining agent, to deduct from the pay of persons employed in the Public Service who are bound by the collective agreement and to remit to the bargaining agent.

Deemed deposit in C.R.F.

(3) An amount equal to every amount deducted under subsection (2) is deemed to be deposited to the credit of the Receiver General in the Consolidated Revenue Fund.

Presumption

26. For the purposes of this Part, the bargaining agent is deemed to be a person.

Coming into Force

Coming into force

27. This Part and Schedule 2 come into force on a day, or on a day and at an hour, to be fixed by order of the Governor in Council.

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