1991, c. 48Cooperative Credit Associations Act

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

Transitional Provisions

Marginal note:Retroactivity — section 504 of Trust and Loan Companies Act

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.

Marginal note:Retroactivity — section 608 of Bank Act

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.

Marginal note:Retroactivity — section 638 of Bank Act

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.

Marginal note:Retroactivity — section 956.1 of Bank Act

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.

Marginal note:Retroactivity — section 672.2 of Insurance Companies Act

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.

Marginal note:Retroactivity — section 999.1 of Insurance Companies Act

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.

Marginal note:Retroactivity — section 435.2 of Cooperative Credit Associations Act

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.

Marginal note:Regulations apply — section 504 of Trust and Loan Companies Act

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.

Marginal note:Regulations apply — section 608 of Bank Act

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.

Marginal note:Regulations apply — section 638 of Bank Act

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.

Marginal note:Regulations apply — section 956.1 of Bank Act

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.

Marginal note:Regulations apply — section 672.2 of Insurance Companies Act

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.

Marginal note:Regulations apply — section 999.1 of Insurance Companies Act

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.

Marginal note:Regulations apply — section 435.2 of Cooperative Credit Associations Act

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 20Sick Leave and Disability Programs

Interpretation

Marginal note:Definitions

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

  “application period”

  « période d’application »

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

  “effective date”

  « date de mise en oeuvre »

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

  “employee”

  « fonctionnaire »

  “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”

  « programme d’invalidité de courte durée »

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

• Marginal note:Same meaning

  (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

Marginal note: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.

• Marginal note:Clarification

  (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.

• Marginal note:Order in council

  (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).

Marginal note:Contractual language

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.

Marginal note:Incorporation into collective agreement and arbitral award

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.

Marginal note:Replacement of terms and conditions

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.

Marginal note:Provisions are of no effect — arbitral awards during application period

• 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.

• Marginal note:Application

  (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.