Government Services Act, 1999 (S.C. 1999, c. 13)

Marginal note:Strikes prohibited

21 During the period beginning on the coming into force of this Part and ending on the expiration of the period during which a collective agreement referred to in paragraph 19(a) or a collective agreement referred to in subsection 20(3), whichever is applicable, has effect,

• (a) no officer or representative of the bargaining agent shall declare, authorize or direct a strike by any employee bound by that collective agreement; and

• (b) no employee bound by that collective agreement shall participate in a strike against the employer.

Amendment of Collective Agreements

Marginal note:Amendments

22 Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to agree to amend any provision of a collective agreement referred to in subsection 20(3) and to give effect to the amendment.

Enforcement

Marginal note:Individuals

• 23 (1) An individual who contravenes any provision of this Part is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine

  • (a) of not more than $50,000, if the individual was acting in the capacity of an officer or representative of the employer or of the bargaining agent when the offence was committed; or

  • (b) of not more than $1,000, in any other case.

• Marginal note:Bargaining agent

  (2) If the bargaining agent contravenes any provision of this Part, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000.

Marginal note:No imprisonment

24 Despite subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under section 23.

Marginal note:Recovery of fines

• 25 (1) A fine imposed under this Part constitutes a debt payable to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction or by any manner provided for in any Act of Parliament.

• Marginal note:Deductions

  (2) A fine imposed under this Part on a bargaining agent or one of its officers or representatives may also be recovered by Her Majesty by deducting the amount of the fine or any portion of the fine from the amount of the membership dues that the employer is or may be required, under any collective agreement between the employer and the bargaining agent, to deduct from the pay of persons employed in the Public Service who are bound by the collective agreement and to remit to the bargaining agent.

• Marginal note:Deemed deposit in C.R.F.

  (3) An amount equal to every amount deducted under subsection (2) is deemed to be deposited to the credit of the Receiver General in the Consolidated Revenue Fund.

Marginal note:Presumption

26 For the purposes of this Part, the bargaining agent is deemed to be a person.

Coming into Force

Marginal note:Coming into force

Footnote ^*27 This Part and Schedule 2 come into force on a day, or on a day and at an hour, to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Part 2 and Schedule 2 in force March 29, 1999, at 11:30 p.m., see SI/99-35.]