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

Assented to 2013-12-12

 Paragraph 105(a) of the Act is repealed.

 Sections 106 to 108 of the Act are repealed.

 The heading before section 109 of the Act is replaced by the following:

Regulations

 Paragraphs 109(b) and (c) of the Act are repealed.

 Section 110 of the Act is repealed.

 Subsection 111(2) of the Act is replaced by the following:

  • Meaning of “deputy head”

    (2) For the purposes of this Part, “deputy head” includes a Commissioner who is appointed under subsection 4(5) and the Chairperson of the Board who is appointed under subsection 8(1) of the Public Service Labour Relations and Employment Board Act.

Marginal note:Terminology

 The Act is amended by replacing “Tribunal” with “Board” in the following provisions:

  • (a) section 38;

  • (b) section 65;

  • (c) the heading before section 74 and sections 74 to 76;

  • (d) the heading before section 77 and sections 77 to 85;

  • (e) section 87;

  • (f) section 97; and

  • (g) the portion of section 109 before paragraph (a).

Transitional Provisions

Marginal note:Definitions

 The following definitions apply in sections 416 to 424.

“Board”

« Commission »

“Board” means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act.

“Tribunal”

« Tribunal »

“Tribunal” means the Public Service Staffing Tribunal that is continued by subsection 88(1) of the Public Service Employment Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force.

Marginal note:Appointments terminated
  •  (1) Members of the Tribunal cease to hold office on the day on which subsection 366(1) of this Act comes into force.

  • Marginal note:No compensation

    (2) Despite the provisions of any contract, agreement or order, no person who was appointed to hold office as a part-time member of the Tribunal has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

Marginal note:Continuation of proceedings

 Subject to subsection 418(1), every proceeding commenced with respect to a complaint made under subsection 65(1) or sections 74, 77 or 83 of the Public Service Employment Act before the day on which subsection 366(1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.

Marginal note:Continuation  — member of Tribunal
  •  (1) A member of the Tribunal may, at the request of the Chairperson of the Board, continue to consider and dispose of any complaint that was before the member before the day on which subsection 366(1) of this Act comes into force.

  • Marginal note:Powers

    (2) For the purposes of subsection (1), a member of the Tribunal exercises the same powers, and performs the same duties and functions, as a panel of the Board.

  • Marginal note:Refusal to complete duties

    (3) If a member of the Tribunal refuses to continue to consider or dispose of a complaint referred to in subsection (1), the Chairperson of the Board may assign it to a panel of the Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act, on any terms and conditions that the Chairperson of the Board may specify for the protection and preservation of the rights and interests of the parties.

  • Marginal note:Supervision by Chairperson of Board

    (4) The Chairperson of the Board has supervision over and direction of the work of any member of the Tribunal who continues to consider and dispose of a complaint referred to in subsection (1).

  • Marginal note:Remuneration and expenses

    (5) A member of the Tribunal who continues to consider and dispose of a complaint referred to in subsection (1)

    • (a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and

    • (b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from their ordinary place of residence.

  • Marginal note:Limitation

    (6) The Chairperson of the Board may withdraw from a member of the Tribunal a complaint referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366(1) of this Act comes into force and assign it to a panel of the Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act, on any terms and conditions that the Chairperson of the Board may specify for the protection and preservation of the rights and interests of the parties.

Marginal note:Persons employed by Tribunal

 Nothing in this Division affects the status of any person who, immediately before the day on which subsection 366(1) of this Act comes into force, is employed by the Tribunal, except that, as of that day, the person is employed by the Board.

Marginal note:Rights and obligations transferred

 All rights and property held by or in the name of or in trust for the Tribunal and all obligations and liabilities of the Tribunal are deemed to be rights, property, obligations and liabilities of the Board.

Marginal note:References

 Every reference to the Tribunal in a deed, contract or other document executed or, in Quebec, signed by the Tribunal in its own name is to be read as a reference to the Board, unless the context requires otherwise.

Marginal note:Continuation of legal proceedings

 Any action, suit or other proceeding to which the Tribunal is a party that is pending in any court on the day on which subsection 366(1) of this Act comes into force may be continued by or against the Board in the same manner and to the same extent as it could have been continued by or against the Tribunal.

Marginal note:Commencement of legal proceedings

 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Tribunal may be brought against the Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Tribunal.

Marginal note:Orders and decisions continued

 Every order or decision made by the Tribunal is deemed to have been made by the Board and may be enforced as such.

R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

Amendments to the Act

Marginal note:2003, c. 22, s. 182(3)

 The definition “Board” in section 3 of the Parliamentary Employment and Staff Relations Act is replaced by the following:

“Board”

« Commission »

“Board” means the Public Service Labour Relations and Employment Board established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act;

Marginal note:2003, c. 22, ss. 183(E), 184 and 185

 The headings before section 9 and sections 9 to 11 of the Act are replaced by the following:

Division IPublic Service Labour Relations and Employment Board

Application of Certain Acts

Marginal note:Application

9. Unless otherwise provided in this Part, the provisions of the Public Service Labour Relations and Employment Board Act and the Public Service Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application,

  • (a) a reference to either of those Acts in any of those provisions shall be read as a reference to this Part; and

  • (b) words and expressions used in those provisions that are defined by this Part shall have the meaning given to them by this Part.

Powers, Duties and Functions

Marginal note:Powers, duties and functions

10. The Board shall administer this Part and shall exercise the powers and perform the duties and functions that are conferred or imposed on it by, or are incidental to the attainment of the objects of, this Part including the making of orders requiring compliance with this Part, with any regulation made under this Part or with any decision made in respect of a matter coming before the Board under this Part.

  •  (1) Paragraphs 12(1)(f) to (i) of the Act are replaced by the following:

    • (f) the establishment of rules of procedure for the hearings of an adjudicator;

    • (h) the circumstances in which evidence as to membership of employees in an employee organization may be received by the Board as evidence that any employees wish or do not wish to have that employee organization represent them as their bargaining agent;

  • (2) Paragraph 12(1)(k) of the Act is replaced by the following:

    • (k) any other matter that is incidental or conducive to the attainment of the objects of this Part.

 
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