Designations, Conciliation and Prohibitions

Marginal note:Provisions of former Act apply

• 58. (1) If, before the day on which section 105 of the new Act comes into force, a notice to bargain collectively was given under the former Act in respect of a bargaining unit for which the process for resolution of a dispute is conciliation and no collective agreement was entered into before that day as a result of the notice, paragraphs (a) to (c) apply to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit until a collective agreement is entered into:

  • (a) sections 76 to 90.1 and sections 102 to 107 of the former Act, as those sections read immediately before that day, apply on and after that day, except that references in those sections to

    • (i) “Board” are to be read as references to the new Board,

    • (ii) “Chairperson” are to be read as references to the Chairperson of the new Board, and

    • (iii) “Minister” are to be read as references to the Minister within the meaning of subsection 2(1) of the new Act;

  • (b) a designation review panel established before that day may continue to act on and after that day; and

  • (c) a conciliation commissioner appointed or a conciliation board established before that day may continue to act on and after that day.

• Marginal note:Non-application

  (2) For greater certainty, if subsection (1) applies to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit, Divisions 8, 10, 11 and 14 of Part 1 of the new Act do not apply to them until a collective agreement is entered into.

Complaints

Marginal note:Complaints referred to in par. 23(1)(b) of former Act

59. Every complaint referred to in paragraph 23(1)(b) of the former Act that was not finally disposed of by the former Board before the day on which section 221 of the new Act comes into force is deemed, for the purpose of the new Act, to be a policy grievance that has been referred to adjudication and, if a panel of the former Board had commenced to hear the complaint, that panel is, subject to section 39, deemed to be an adjudicator or a board of adjudication, as the case may be.

Marginal note:Complaints referred to in par. 23(1)(c) of former Act

60. Complaints referred to in paragraph 23(1)(c) of the former Act that were not finally disposed of by the former Board before the day on which section 234 of the new Act comes into force are deemed to have been withdrawn immediately before that day.

Grievances

Marginal note:Former Act applies

• 61. (1) Subject to subsection (5), every grievance presented in accordance with the former Act that was not finally dealt with before the day on which section 208 of the new Act comes into force is to be dealt with on and after that day in accordance with the provisions of the former Act, as they read immediately before that day.

• Marginal note:Adjudicators

  (2) For the purposes of subsection (1), an adjudicator under the former Act may continue to hear, consider or decide any grievance referred to him or her before the day on which section 209 of the new Act comes into force, except that if the adjudicator was a member of the former Board, he or she may do so only if requested to do so by the Chairperson.

• Marginal note:Supervision by Chairperson

  (3) The Chairperson has supervision over and direction of the work of any member of the former Board who continues to hear, consider or decide a grievance under subsection (2).

• Marginal note:Refusal to complete duties

  (4) If an adjudicator under the former Act refuses to continue to hear, consider or decide a grievance referred to in subsection (2), the Chairperson may, on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties, refer the grievance to a member of the new Board.

• Marginal note:Appointment after commencement day

  (5) If a grievance referred to in subsection (1) is referred to adjudication after the day on which section 209 of the new Act comes into force, the provisions of the new Act apply with respect to the appointment of the adjudicator.

• Marginal note:Powers

  (6) For the purposes of subsections (2) and (5), the adjudicator may exercise any of the powers an adjudicator under the former Act could have exercised under that Act.

Marginal note:Fees and expenses

62. Each adjudicator under the former Act who continues to hear, consider or decide a grievance under subsection 61(2) who, at the time of his or her appointment, was a member of the former Board or an adjudicator referred to in paragraph 95(2)(a.1) of the former Act

• (a) is to be paid the fees that may be fixed by the Governor in Council; and

• (b) is entitled to be paid reasonable travel and living expenses incurred while doing so during any period of absence from his or her ordinary place of residence.

Marginal note:Limitation period

63. The Chairperson may withdraw from any member of the former Board any grievance referred to in subsection 61(2) that is not disposed of within one year after the day on which section 209 of the new Act comes into force and the Chairperson may, on any terms and conditions that he or she may specify for the protection and preservation of the rights and interests of the parties, refer the matter to a member of the new Board.

Marginal note:Events giving rise to individual grievances

64. Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral award, an individual grievance may be presented on or after the day on which section 208 of the new Act comes into force in respect of any event that occurred before that day and that would have given rise to a right to grieve under section 91 of the former Act, as that section read immediately before that day.

Marginal note:Events giving rise to policy grievances

65. Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral award, a policy grievance may be presented on or after the day on which section 220 of the new Act comes into force in respect of any event that occurred before that day if the matter could have been referred to the former Board under section 99 of the former Act, as that section read immediately before that day.

Marginal note:Former adjudication orders

66. Every order made by an adjudicator under the former Act is deemed to be an order made by an adjudicator under the new Act and may be enforced as such.

Division 2Transitional Provision Arising from the Amendments to the Financial Administration Act in Part 2

Marginal note:Deemed designated portions

67. Every portion of the public service of Canada designated by the Governor in Council before the day on which section 8 of this Act comes into force to be part of the public service for the purposes of sections 11, 12 and 13 of the Financial Administration Act is deemed to be a portion of the federal public administration designated by the Governor in Council for the purpose of paragraph (d) of the definition “public service” in subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act.

Division 3Transitional Provisions Arising from Part 3

Marginal note:Definitions

68. The following definitions apply in this Division.

“amended Act”

« loi modifiée »

“amended Act” means the former Act as amended by Division 2 of Part 3 of this Act.

“former Act”

« ancienne loi »

“former Act” means the Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985.

“former Commission”

« ancienne Commission »

“former Commission” means the Public Service Commission established by subsection 3(1) of the former Act.

“new Act”

« nouvelle loi »

“new Act” means the Public Service Employment Act, enacted by sections 12 and 13 of this Act.

“new Commission”

« nouvelle Commission »

“new Commission” means the Public Service Commission established by subsection 3(1) of the amended Act.

Subdivision aTransitional Provisions Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3

Marginal note:Priorities

69. Every person who has a priority for appointment under the amended Act on the coming into force of subsection 29(1) of the new Act continues to have priority for appointment under the new Act for the period, and in the order, provided for by or under the amended Act.

Marginal note:Pending competitions and appointments

70. The coming into force of subsection 29(1) of the new Act does not affect any competition or other selection process being conducted under the amended Act.

Marginal note:Eligibility lists

71. An eligibility list made under the amended Act that is valid on the coming into force of subsection 29(1) of the new Act continues to be valid for the period provided for under subsection 17(2) of the amended Act, to a maximum of six months after the coming into force of subsection 29(1) of the new Act.

Marginal note:Pending appeals

72. An appeal taken within the period provided for under section 21 of the amended Act and not finally disposed of on the coming into force of subsection 77(1) of the new Act must be dealt with and disposed of in accordance with the amended Act.

Marginal note:Pending deployment recourse

73. A complaint made within the time and manner provided for under section 34.3 of the amended Act and not finally disposed of on the coming into force of subparagraph 209(1)(c)(ii) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, must be dealt with and disposed of in accordance with the amended Act.

Marginal note:Audits

• 74. (1) Any audit commenced under section 7.1 of the amended Act that has not been completed on the coming into force of section 17 of the new Act must be dealt with and disposed of in accordance with the amended Act.

• Marginal note:Investigations

  (2) Any investigation commenced under section 7.1 of the amended Act that has not been completed on the coming into force of section 66 of the new Act must be dealt with and disposed of in accordance with the amended Act.

Marginal note:Notice of lay-off

75. If, prior to the coming into force of section 64 of the new Act, an employee was informed under regulations made under subsection 29(1) of the amended Act that he or she would be laid off but was not laid off, section 29 of the amended Act continues to apply to the employee.

Marginal note:Employees on probation

• 76. (1) Every employee who was considered to be on probation under section 28 of the amended Act immediately prior to the coming into force of section 61 of the new Act continues to be on probation until the end of any period that was established by regulation under section 28 of the amended Act.

• Marginal note:Rejection

  (2) After the coming into force of section 62 of the new Act, subsection 28(2) of the amended Act continues to apply in respect of any employee who was considered to be on probation under section 28 of the former Act immediately before the coming into force of section 62 of the new Act.

Subdivision bTransitional Provisions Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3

Marginal note:Cessation of office

77. The President and members of the former Commission cease to hold office on the day on which subsection 3(1) of the amended Act comes into force.

Marginal note:Policies, delegation instruments, etc.

78. The regulations, policies, directives, instruments of delegation and other instruments issued by the former Commission before the day on which subsection 3(1) of the amended Act comes into force are deemed to be those of the new Commission on that day.

Marginal note:Status of Commission employees

79. Subject to subsections 87(2) and (3) of this Act, nothing in the amended Act affects the status of any person who was an employee of the former Commission immediately before the day on which subsection 3(1) of the amended Act comes into force, except that, as of that day, the person is an employee of the new Commission.

Marginal note:Rights and obligations transferred

80. All rights and property held by or in the name of or in trust for the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission.

Marginal note:References

81. Every reference to the former Commission in a deed, contract or other document executed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context otherwise requires.

Marginal note:Transfer of appropriations

82. Any amount appropriated, for the fiscal year that includes the day on which subsection 3(1) of the amended Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Commission and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Commission.

Marginal note:Continuation of legal proceedings

83. Any action, suit or other proceeding, to which the former Commission is a party, that is pending in any court on the day on which subsection 3(1) of the amended Act comes into force may be continued by or against the new Commission in the like manner and to the same extent as it could have been continued by or against the former Commission.

Marginal note:Inquiry

84. Any inquiry commenced under section 34 of the former Act that has not been completed on the coming into force of section 33.3 of the amended Act must be dealt with and disposed of in accordance with the former Act.

Division 4Transitional Provisions Arising from the Amendments to the Canadian Centre for Management Development Act in Part 4

Marginal note:References

• 85. (1) Every reference to the Canadian Centre for Management Development in any deed, contract, agreement, instrument or other document executed by the Canadian Centre for Management Development in its own name is to be read as a reference to the Canada School of Public Service, unless the context otherwise requires.

• Marginal note:References — Principal

  (2) Every reference to the Principal of the Canadian Centre for Management Development in a document referred to in subsection (1) is to be read as a reference to the President of the Canada School of Public Service, unless the context otherwise requires.

• Marginal note:Continuation of rights and property

  (3) All rights and property of the Canadian Centre for Management Development continue to be the rights and property of the Canada School of Public Service.

• Marginal note:Continuation of obligations and liabilities

  (4) All obligations and liabilities of the Canadian Centre for Management Development continue to be the obligations and liabilities of the Canada School of Public Service.

• Marginal note:Continuation of proceedings

  (5) Any action, suit or other legal or administrative proceeding to which the Canadian Centre for Management Development is a party that is pending on the coming into force of this section may be continued by or against the Canada School of Public Service in a similar manner and to the same extent as it would have been continued by or against the Canadian Centre for Management Development.

Marginal note:Transitional — governors

86. The governors of the Canadian Centre for Management Development who, immediately before the coming into force of this section, held office under subsection 8(1) of the Canadian Centre for Management Development Act continue in office as governors of the Canada School of Public Service for the remainder of the term for which they were appointed.

Marginal note:Transitional — employees

• 87. (1) Nothing in Part 4 of this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of that Part, occupied a position in the Canadian Centre for Management Development, except that the employee shall occupy that position in the Canada School of Public Service.

• Marginal note:Transitional — TDC employees

  (2) Each person employed in the Public Service Commission in the administrative unit known as “Training and Development Canada” assumes, on the coming into force of this section, a position in the Canada School of Public Service.

• Marginal note:Transfer by Governor in Council

  (3) The Governor in Council may, by order made on the recommendation of the Treasury Board after consultation with the Public Service Commission and the Canada School of Public Service, within one year after the coming into force of this section, transfer an employee of the Public Service Commission to the Canada School of Public Service if the Governor in Council is of the opinion that

  • (a) the employee is carrying out powers, duties and functions that are in whole or in part in support of or related to the powers, duties and functions of persons referred to in subsection (2); and

  • (b) it is in the best interests of the Public Service to do so.

• Marginal note:Status unchanged

  (4) Nothing in subsections (2) and (3) shall be construed as affecting the status of

  • (a) a person referred to in subsection (2) who, immediately before the coming into force of that subsection, occupied a position in Training and Development Canada; and

  • (b) an employee transferred by an order made under subsection (3).