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Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)

Assented to 2013-12-12

 Subsection 25(1.2) of the Act is amended by adding the following after paragraph (a):

  • (a.1) the request is for an exemption from any of the criteria or obligations of Division 0.1;

Marginal note:2011, c. 8, s. 1
  •  (1) Subsection 91(1) of the Act is replaced by the following:

    Marginal note:Representation or advice for consideration
    • 91. (1) Subject to this section, no person shall knowingly, directly or indirectly, represent or advise a person for consideration  —  or offer to do so  —  in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

  • Marginal note:2011, c. 8, s. 1

    (2) Subsections 91(3) to (5) of the Act are replaced by the following:

    • Marginal note:Students-at-law

      (3) A student-at-law does not contravene subsection (1) by offering or providing representation or advice to a person if the student-at-law is acting under the supervision of a person mentioned in paragraph (2)(a) who is representing or advising the person  —  or offering to do so  —  in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

    • Marginal note:Agreement or arrangement with Her Majesty

      (4) An entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with the submission of an expression of interest under subsection 10.1(3) or an application under this Act, including for a permanent or temporary resident visa, travel documents or a work or study permit, does not contravene subsection (1) if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services.

    • Marginal note:Designation by Minister

      (5) The Minister may, by regulation, designate a body whose members in good standing may represent or advise a person for consideration  —  or offer to do so  —  in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

  • Marginal note:2011, c. 8, s. 1

    (3) Paragraph 91(7)(b) of the English version of the Act is replaced by the following:

    • (b) providing that members or classes of members of a body that has ceased to be a designated body under that subsection continue for a specified period to be authorized to represent or advise a person for consideration —  or offer to do so  —  in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act without contravening subsection (1).

Coming into Force

Marginal note:Order in council

 The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.

Division 17Public Service Labour Relations

2003, c. 22, s. 2Public Service Labour Relations Act

Amendments to the Act

  •  (1) The definition “essential services agreement” in subsection 4(1) of the Public Service Labour Relations Act is repealed.

  • (2) The definition “essential service” in subsection 4(1) of the Act is replaced by the following:

    “essential service”

    « services essentiels »

    “essential service” means a service, facility or activity of the Government of Canada that has been determined under subsection 119(1) to be essential.

  • (3) Subsection 4(2) of the Act is repealed.

 Section 13 of the Act is replaced by the following:

Marginal note:Mandate

13. The Board’s mandate is to provide adjudication services and mediation services in accordance with this Act.

 Section 16 of the Act is repealed.

  •  (1) Paragraph 39(h) of the Act is repealed.

  • (2) Paragraph 39(j) of the Act is replaced by the following:

    • (j) the specification of the times within which notices, other than those referred to in subsections 124(1) and (2), and other documents are to be sent or given under this Part, the persons to whom they are to be sent or given and when they are deemed to have been sent, given or received;

 Section 53 of the Act and the heading before it are repealed.

 Section 67 of the Act is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).

 Subsections 79(1) and (2) of the Act are replaced by the following:

Marginal note:Mergers, amalgamations and transfers of jurisdiction
  • 79. (1) If, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations, other than as a result of a revocation of certification, an employee organization succeeds another one that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor is deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, an arbitral award or otherwise.

  • Marginal note:Board to determine questions

    (2) If any question arises in respect of the merger, amalgamation or transfer of jurisdiction concerning the rights, privileges and duties of an employee organization under this Part or under a collective agreement or an arbitral award in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained.

 Subsection 101(1) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

 The heading “Choice of Process for Dispute Resolution” before section 103 and sections 103 and 104 of the Act are replaced by the following:

Process for Dispute Resolution

Marginal note:Conciliation

103. Subject to section 104, the process for the resolution of disputes between an employer and the bargaining agent for a bargaining unit is conciliation.

Marginal note:Arbitration  — agreement
  • 104. (1) The employer and the bargaining agent for a bargaining unit may, by agreement in writing, choose arbitration as the process for the resolution of disputes. If the employer is a separate agency, it may enter into such an agreement only with the approval of the President of the Treasury Board.

  • Marginal note:Arbitration  — essential services

    (2) If, on the day on which notice to bargain collectively may be given, 80% or more of the positions in the bargaining unit have been designated under section 120, the process for the resolution of disputes between the employer and the bargaining agent is arbitration.

 Subsections 105(1) and (2) of the Act are replaced by the following:

Marginal note:Notice to bargain collectively
  • 105. (1) After the Board has certified an employee organization as the bargaining agent for a bargaining unit, the bargaining agent or the employer may, by notice in writing, require the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement.

  • Marginal note:When notice may be given

    (2) Subject to subsection (2.1), the notice to bargain collectively may be given

    • (a) at any time, if no collective agreement or arbitral award is in force and no request for arbitration has been made by either of the parties in accordance with this Part; or

    • (b) if a collective agreement or arbitral award is in force, within the 12 months before it ceases to be in force.

  • Marginal note:Exception

    (2.1) In the case of the bargaining agent for a bargaining unit that has never been bound by a collective agreement or arbitral award to which the employer is a party, the notice to bargain collectively may not be given until the expiry of 60 days after the day on which the employer gives to the bargaining agent the notice required by section 121.

  •  (1) The portion of section 107 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Duty to observe terms and conditions

    107. Unless the parties otherwise agree, and subject to subsection 125(1), after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day on which the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or

  • (2) Paragraph 107(a) of the French version of the Act is replaced by the following:

    • a) dans le cas où le mode de règlement des différends est l’arbitrage, jusqu’à ce que la décision arbitrale soit rendue;

 Sections 119 to 134 of the Act are replaced by the following:

Marginal note:Employer’s right to determine essential service
  • 119. (1) The employer has the exclusive right to determine whether any service, facility or activity of the Government of Canada is essential because it is or will be necessary for the safety or security of the public or a segment of the public.

  • Marginal note:Employer’s right

    (2) Nothing in this Act is to be construed as limiting the employer’s right under subsection (1).

Marginal note:Employer’s right to designate positions
  • 120. (1) The employer has the exclusive right to designate the positions in a bargaining unit that include duties that, in whole or in part, are or will be necessary for the employer to provide essential services, and the employer may exercise that right at any time.

  • Marginal note:Employer’s right

    (2) Nothing in this Act is to be construed as limiting the employer’s right under subsection (1).

Marginal note:Notice to bargaining agent
  • 121. (1) The employer must notify in writing a bargaining agent that represents a bargaining unit that the employer either has, or has not, under section 120 designated positions in the bargaining unit.

  • Marginal note:Identification of designated positions

    (2) If the notice is to the effect that the employer has designated positions, the notice must identify the designated positions.

  • Marginal note:When notice must be given

    (3) The notice must be given not later than three months before the first day on which a notice to bargain collectively may be given. However, in the case of an employee organization that is certified as the bargaining agent for a bargaining unit after the day on which this section comes into force, the notice must be given within 60 days after the certification.

  • Marginal note:Notice to Board

    (4) The employer must notify the Board of the date the notice was given under subsection (1) to the bargaining agent.

Marginal note:Consultations
  • 122. (1) If the notice under subsection 121(1) is to the effect that the employer has designated positions, the employer must, after giving the notice, without delay, begin consultations with the bargaining agent about the designated positions that are identified in the notice. Those consultations must end 60 days after the day on which the notice is given.

  • Marginal note:Employer’s determination

    (2) Within the 30 days that follow the end of the 60 days, the employer must notify the bargaining agent of the positions in the bargaining unit that the employer has or will designate under section 120.

Marginal note:Replacement positions

123. If a position that is designated by the employer under section 120 becomes vacant, the employer may identify a position of the same type as a replacement position. If the employer does so, the employer must provide the bargaining agent with a notice of replacement.

Marginal note:Notification of employees
  • 124. (1) As soon as feasible after designating a position under section 120, the employer must provide the employee who occupies the position with a notice informing the employee that they occupy such a position.

  • Marginal note:Notification of change

    (2) A notice given under this section remains valid as long as the employee continues to occupy the position unless the employer notifies the employee that the position occupied by them is no longer necessary for the employer to provide essential services.

Marginal note:Duty to observe terms and conditions
  • 125. (1) Unless the parties otherwise agree, every term and condition of employment applicable to employees in a bargaining unit in respect of which a notice to bargain collectively is given that may be included in a collective agreement and that is in force on the day on which the notice is given remains in force in respect of any employee who occupies a position that is designated under section 120 and must be observed by the employer, the bargaining agent for the bargaining unit and the employee until a collective agreement is entered into.

  • Marginal note:Saving

    (2) Nothing in this Act is to be construed as limiting the employer’s right to require that an employee who occupies a position that is designated under section 120 perform all of the duties assigned to that position and be available during his or her off-duty hours to report to work without delay to perform those duties if required to do so by the employer.

 
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