Bill C-59

Bank Act

233. The Bank Act is amended by adding the following after section 607:

608. (1) Prescribed supervisory information shall not be used as evidence in any civil proceedings and is privileged for that purpose.

(2) No person shall by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any prescribed supervisory information.

(3) Despite subsection (1),

(a) the Minister, the Superintendent or the Attorney General of Canada may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings; and

(b) an authorized foreign bank may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings in relation to the administration or enforcement of this Act or the Winding-up and Restructuring Act that are commenced by the authorized foreign bank, the Minister, the Superintendent or the Attorney General of Canada.

(4) Despite subsections (1) and (2) and section 39.1 of the Office of the Superintendent of Financial Institutions Act, a court, tribunal or other body may, by order, require the Minister, the Superintendent or an authorized foreign bank to give oral testimony or to produce any document relating to any prescribed supervisory information in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Superintendent, the Attorney General of Canada or the authorized foreign bank.

(5) The disclosure of any prescribed supervisory information, other than under subsection (3) or (4), does not constitute a waiver of the privilege referred to in subsection (1).

(6) The Governor in Council may, for the purposes of subsection (3), make regulations respecting the circumstances in which prescribed supervisory information may be used as evidence.

234. The Act is amended by adding the following after section 637:

638. (1) Prescribed supervisory information shall not be used as evidence in any civil proceedings and is privileged for that purpose.

(2) No person shall by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any prescribed supervisory information.

(3) Despite subsection (1),

(a) the Minister, the Superintendent or the Attorney General of Canada may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings; and

(b) a bank may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings in relation to the administration or enforcement of this Act or the Winding-up and Restructuring Act that are commenced by the bank, the Minister, the Superintendent or the Attorney General of Canada.

(4) Despite subsections (1) and (2) and section 39.1 of the Office of the Superintendent of Financial Institutions Act, a court, tribunal or other body may, by order, require the Minister, the Superintendent or a bank to give oral testimony or to produce any document relating to any prescribed supervisory information in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Superintend-ent, the Attorney General of Canada or the bank.

(5) The disclosure of any prescribed supervisory information, other than under subsection (3) or (4), does not constitute a waiver of the privilege referred to in subsection (1).

(6) The Governor in Council may, for the purposes of subsection (3), make regulations respecting the circumstances in which prescribed supervisory information may be used as evidence.

235. The Act is amended by adding the following after section 956:

956.1 (1) Prescribed supervisory information shall not be used as evidence in any civil proceedings and is privileged for that purpose.

(2) No person shall by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any prescribed supervisory information.

(3) Despite subsection (1),

(a) the Minister, the Superintendent or the Attorney General of Canada may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings; and

(b) a bank holding company may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings in relation to the administration or enforcement of this Act or the Winding-up and Restructuring Act that are commenced by the bank holding company, the Minister, the Superintendent or the Attorney General of Canada.

(4) Despite subsections (1) and (2) and section 39.1 of the Office of the Superintendent of Financial Institutions Act, a court, tribunal or other body may, by order, require the Minister, the Superintendent or a bank holding company to give oral testimony or to produce any document relating to any prescribed supervisory information in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Superintendent, the Attorney General of Canada or the bank holding company.

(5) The disclosure of any prescribed supervisory information, other than under subsection (3) or (4), does not constitute a waiver of the privilege referred to in subsection (1).

(6) The Governor in Council may, for the purposes of subsection (3), make regulations respecting the circumstances in which prescribed supervisory information may be used as evidence.

Insurance Companies Act

236. The Insurance Companies Act is amended by adding the following after section 672.1:

672.2 (1) Prescribed supervisory information shall not be used as evidence in any civil proceedings and is privileged for that purpose.

(2) No person shall by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any prescribed supervisory information.

(3) Despite subsection (1),

(a) the Minister, the Superintendent or the Attorney General of Canada may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings; and

(b) a company, a society, a foreign company or a provincial company may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings in relation to the administration or enforcement of this Act or the Winding-up and Restructuring Act that are commenced by the company, the society, the foreign company, the provincial company, the Minister, the Superintendent or the Attorney General of Canada.

(4) Despite subsections (1) and (2) and section 39.1 of the Office of the Superintendent of Financial Institutions Act, a court, tribunal or other body may, by order, require the Minister, the Superintendent, a company, a society, a foreign company or a provincial company to give oral testimony or to produce any document relating to any prescribed supervisory information in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Superintendent, the Attorney General of Canada, the company, the society, the foreign company or the provincial company.

(5) The disclosure of any prescribed supervisory information, other than under subsection (3) or (4), does not constitute a waiver of the privilege referred to in subsection (1).

(6) The Governor in Council may, for the purposes of subsection (3), make regulations respecting the circumstances in which prescribed supervisory information may be used as evidence.

237. The Act is amended by adding the following after section 999:

999.1 (1) Prescribed supervisory information shall not be used as evidence in any civil proceedings and is privileged for that purpose.

(2) No person shall by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any prescribed supervisory information.

(3) Despite subsection (1),

(a) the Minister, the Superintendent or the Attorney General of Canada may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings; and

(b) an insurance holding company may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings in relation to the administration or enforcement of this Act or the Winding-up and Restructuring Act that are commenced by the insurance holding company, the Minister, the Superintendent or the Attorney General of Canada.

(4) Despite subsections (1) and (2) and section 39.1 of the Office of the Superintendent of Financial Institutions Act, a court, tribunal or other body may, by order, require the Minister, the Superintendent or an insurance holding company to give oral testimony or to produce any document relating to any prescribed supervisory information in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Superintendent, the Attorney General of Canada or the insurance holding company.

(5) The disclosure of any prescribed supervisory information, other than under subsection (3) or (4), does not constitute a waiver of the privilege referred to in subsection (1).

(6) The Governor in Council may, for the purposes of subsection (3), make regulations respecting the circumstances in which prescribed supervisory information may be used as evidence.

Cooperative Credit Associations Act

238. The Cooperative Credit Associations Act is amended by adding the following after section 435.1:

435.2 (1) Prescribed supervisory information shall not be used as evidence in any civil proceedings and is privileged for that purpose.

(2) No person shall by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any prescribed supervisory information.

(3) Despite subsection (1),

(a) the Minister, the Superintendent or the Attorney General of Canada may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings; and

(b) an association may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings in relation to the administration or enforcement of this Act or the Winding-up and Restructuring Act that are commenced by the association, the Minister, the Superintend-ent or the Attorney General of Canada.

(4) Despite subsections (1) and (2) and section 39.1 of the Office of the Superintendent of Financial Institutions Act, a court, tribunal or other body may, by order, require the Minister, the Superintendent or an association to give oral testimony or to produce any document relating to any prescribed supervisory information in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Superintend-ent, the Attorney General of Canada or the association.

(5) The disclosure of any prescribed supervisory information, other than under subsection (3) or (4), does not constitute a waiver of the privilege referred to in subsection (1).

(6) The Governor in Council may, for the purposes of subsection (3), make regulations respecting the circumstances in which prescribed supervisory information may be used as evidence.

Transitional Provisions

239. Section 504 of the Trust and Loan Companies Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.

240. Section 608 of the Bank Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.

241. Section 638 of the Bank Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.

242. Section 956.1 of the Bank Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.

243. Section 672.2 of the Insurance Companies Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.

244. Section 999.1 of the Insurance Companies Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.

245. Section 435.2 of the Cooperative Credit Associations Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day.

246. The regulations made under paragraph 531(1)(a) of the Trust and Loan Companies Act that prescribe supervisory information for the purposes of section 503.1 of that Act apply for the purposes of section 504 of that Act until regulations made under that paragraph for the purposes of that section 504 are in force.

247. The regulations made under paragraph 978(1)(a) of the Bank Act that prescribe supervisory information for the purposes of section 607 of that Act apply for the purposes of section 608 of that Act until regulations made under that paragraph for the purposes of that section 608 are in force.

248. The regulations made under paragraph 978(1)(a) of the Bank Act that prescribe supervisory information for the purposes of section 637 of that Act apply for the purposes of section 638 of that Act until regulations made under that paragraph for the purposes of that section 638 are in force.

249. The regulations made under paragraph 978(1)(a) of the Bank Act that prescribe supervisory information for the purposes of section 956 of that Act apply for the purposes of section 956.1 of that Act until regulations made under that paragraph for the purposes of that section 956.1 are in force.

250. The regulations made under paragraph 1021(1)(a) of the Insurance Companies Act that prescribe supervisory information for the purposes of section 672.1 of that Act apply for the purposes of section 672.2 of that Act until regulations made under that paragraph for the purposes of that section 672.2 are in force.

251. The regulations made under paragraph 1021(1)(a) of the Insurance Companies Act that prescribe supervisory information for the purposes of section 999 of that Act apply for the purposes of section 999.1 of that Act until regulations made under that paragraph for the purposes of that section 999.1 are in force.

252. The regulations made under paragraph 463(1)(a) of the Cooperative Credit Associations Act that prescribe supervisory information for the purposes of section 435.1 of that Act apply for the purposes of section 435.2 of that Act until regulations made under that paragraph for the purposes of that section 435.2 are in force.

Division 20

Sick Leave and Disability Programs

Interpretation

253. (1) The following definitions apply in this Division.

“application period” means the period of four years that begins on the effective date.

“effective date” means the date specified in an order made under section 266 on which the short-term disability program becomes effective.

“employee” means a person employed in the core public administration, other than a person referred to in any of paragraphs (b) to (g) and (j) of the definition “employee” in subsection 2(1) of the Public Service Labour Relations Act.

“short-term disability program” means the program established under section 260.

(2) Unless a contrary intention appears, words and expressions used in this Division have the same meaning as in the Public Service Labour Relations Act.

Sick Leave

254. (1) Despite the Public Service Labour Relations Act, the Treasury Board may, during the period that begins on a day to be fixed by order made under subsection (3) and that ends immediately before the effective date, in the exercise of its responsibilities under section 11.1 of the Financial Administration Act, establish terms and conditions of employment related to the sick leave of employees in any particular bargaining unit and modify any such term or condition that is established during that period.

(2) The terms and conditions of employment may include ones that are related to

(a) the number of hours of sick leave to which an employee is entitled in a fiscal year;

(b) the maximum number of hours of unused sick leave that an employee may carry over from one fiscal year to the next fiscal year; and

(c) the disposition of unused hours of sick leave that stand to an employee’s credit immediately before the effective date.

(3) The Governor in Council may, by order made on the recommendation of the President of the Treasury Board, specify a day for the purposes of subsection (1).

255. Every term and condition of employment that is established or modified as permitted by section 254 must be drafted in a manner that permits its incorporation into a collective agreement or arbitral award that is binding on the employees in the bargaining unit.

256. Every term and condition of employment that is established or modified as permitted by section 254 is deemed, on the effective date, to be incorporated, as it is drafted to comply with section 255, into any collective agreement or arbitral award that is binding on the employees in the bargaining unit and that is in force on that date. That term or condition applies despite any provision to the contrary in the collective agreement or arbitral award.

257. Every term and condition of employment of the employees in the bargaining unit that is continued in force, on the effective date, by section 107 of the Public Service Labour Relations Act and that is inconsistent with a term or condition of employment that is established as permitted by section 254 in respect of those employees is, on the effective date, replaced by that term or condition, as it is drafted to comply with section 255.

258. (1) If an arbitral award that is binding on the employees in the bargaining unit is made during the application period and it contains a provision that is inconsistent with the terms and conditions of employment related to sick leave that applied to those employees immediately before the day on which the arbitral award is made, that provision is of no effect in relation to any period during the application period.

(2) Subsection (1) applies only in respect of terms and conditions of employment that are established or modified as permitted by section 254 in respect of the employees in the bargaining unit.

259. (1) If an arbitral award that is binding on the employees in the bargaining unit is made after the expiry of the application period and it contains a provision that applies retroactively in relation to any period during the application period, any such provision that is inconsistent with the terms and conditions of employment related to sick leave that applied to those employees immediately before the expiry of the application period is of no effect in relation to that period during the application period.

(2) Subsection (1) applies only in respect of terms and conditions of employment that are established or modified as permitted by section 254 in respect of the employees in the bargaining unit.

Short-term Disability Program

260. (1) Despite the Public Service Labour Relations Act, the Treasury Board may, in the exercise of its powers under section 7.1 of the Financial Administration Act, establish a short-term disability program for employees in the bargaining units specified by order made by the Treasury Board, and for any other persons or classes of persons that the Treasury Board may designate, and take any measure necessary for that purpose. It may also, during the period that begins on the day on which the program is established and that ends on the expiry of the application period, and after taking into account the recommendations of the committee established under section 265, modify the program.

(2) The Treasury Board may specify a bargaining unit for the purposes of subsection (1) at the time it establishes the short-term disability program or at any time afterwards, and section 7.1 of the Financial Administration Act includes that power until the program is abolished or replaced.

(3) Every bargaining unit of employees that has not been specified by the Treasury Board for the purposes of subsection (1) before the effective date is deemed to have been specified by order of the Treasury Board made immediately before the effective date.

261. (1) The short-term disability program must provide for the following:

(a) the rate or rates of benefits and the period during which the rate, or each rate, as the case may be, applies;

(b) the maximum period for which benefits may be paid; and

(c) provisions respecting the case management services that are to be provided.

(2) The short-term disability program may provide for a period during which benefits under it are not to be paid and any other matter that the Treasury Board considers appropriate.

262. (1) The short-term disability program applies to the employees referred to in subsection 260(1), and to the other persons referred to in that subsection, during the application period despite

(a) any provision to the contrary of any collective agreement or arbitral award that is binding on those employees and that is in force on the effective date; and

(b) any terms and conditions of employment of those employees that are continued in force by section 107 of the Public Service Labour Relations Act and that are in force on the effective date.

(2) Every provision of any collective agreement that is entered into — and of any arbitral award that is made — on or after the effective date that is binding on employees referred to in subsection 260(1) and that is inconsistent with the program is of no effect during the application period.

(3) The short-term disability program continues to apply to employees referred to in subsection 260(1), and to the other persons referred to in that subsection, after the expiry of the application period and until the program is abolished or replaced.

263. No modification to the short-term disability program that is made by the Treasury Board in the exercise of its powers under section 7.1 of the Financial Administration Act after the expiry of the application period may, in relation to any period during the application period, retroactively affect the program.

264. Subsection 7.1(2) of the Financial Administration Act does not apply in respect of the short-term disability program.

265. (1) The Treasury Board must, on the effective date, establish a committee consisting of representatives of the employer and representatives of the bargaining agents for employees.

(2) The purpose of the committee is to make joint recommendations regarding modifications to the short-term disability program, including modifications to

(a) membership in the program;

(b) the matters referred to in section 261;

(c) the conditions for continuing to receive benefits under the program; and

(d) the reasons for which benefits under the program may be denied.

266. The Treasury Board may, by order made on the recommendation of the President of the Treasury Board, specify the date on which the short-term disability program becomes effective.

Long-term Disability Programs

267. Despite the Public Service Labour Relations Act, the Treasury Board may, during the period that begins on the day on which the short-term disability program is established and that ends on the expiry of the application period, in the exercise of its powers under section 7.1 of the Financial Administration Act, modify any long-term disability program in respect of the period during which an employee is not entitled to be paid benefits under the program.

268. (1) The modifications made as permitted by section 267 apply to employees during the application period despite

(a) every provision to the contrary of any collective agreement or arbitral award that is binding on the employees and that is in force on the effective date; and

(b) any terms and conditions of employment of the employees that are continued in force by section 107 of the Public Service Labour Relations Act and that are in force on the effective date.

(2) Every provision of any collective agreement that is entered into — and of any arbitral award that is made — on or after the effective date that is inconsistent with any modifications that are made as permitted by section 267 is of no effect during the application period.

(3) Every provision of any long-term disability program that is modified as permitted by section 267 continues to apply to employees after the expiry of the application period until the provision is struck out or replaced.

269. No modification to a long-term disability program that is made by the Treasury Board in the exercise of its powers under section 7.1 of the Financial Administration Act after the expiry of the application period may, in relation to any period during the application period, retroactively affect the provisions of that program that are modified as permitted by section 267.

General

270. Subject to the other provisions of this Division, the right to bargain collectively under the Public Service Labour Relations Act is continued.

271. Nothing in this Division affects the right to strike under the Public Service Labour Relations Act.

272. Nothing in this Division precludes the bargaining agents for employees who are bound by a collective agreement or arbitral award and the employer of those employees from amending, by agreement in writing, or from making a joint application to amend, any provision of the collective agreement or arbitral award, as the case may be, so long as the amendment is not contrary to this Division.

273. The Statutory Instruments Act does not apply to orders made under sections 254, 260 and 266. However, each of those orders must be published in the Canada Gazette.