Public Sector Compensation Act (S.C. 1991, c. 30)

Short Title

Marginal note:Short title

1 This Act may be cited as the Public Sector Compensation Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  bargaining agent

  bargaining agent has the same meaning

  • (a) in the case of employees in respect of whom Part I of the Canada Labour Code applies, as in subsection 3(1) of that Act,

  • (b) in the case of employees in respect of whom the Parliamentary Employment and Staff Relations Act applies, as in section 3 of that Act, and

  • (c) in the case of employees in respect of whom the Public Service Staff Relations Act applies, as in section 2 of that Act; (agent négociateur)

  compensation

  compensation means all forms of pay, benefits and perquisites paid or provided, directly or indirectly, by or on behalf of an employer to or for the benefit of an employee, except those paid or provided

  • (a) under the Supplementary Retirement Benefits Act or any Act of Parliament or regulations mentioned in Schedule I to that Act,

  • (a.1) under the Public Service Superannuation Act, the Canadian Forces Superannuation Act, the Royal Canadian Mounted Police Superannuation Act or the Special Retirement Arrangements Act,

  • (b) pursuant to a directive, policy, regulation or agreement that is issued, made or amended from time to time

    • (i) on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board, or

    • (ii) unilaterally by the employer of the employee or bilaterally by the employer and the employee, as represented by the bargaining agent, and that is in respect of a subject-matter that, in the opinion of the Treasury Board, is the same as or related to the subject-matter of a directive, policy, regulation or agreement that is issued, made or amended as described in subparagraph (i),

  • (b.1) pursuant to the Work Force Adjustment Directive issued on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board, that came into force on December 15, 1991, as amended from time to time on the recommendation of the Council and with the approval of the Treasury Board or in accordance with this Act or section 11 of the Financial Administration Act, in respect of any subject-matter, but only in the circumstances arising from a transfer referred to in paragraph 11(2)(g.1) of that Act,

  • (c) in one lump sum payment that may be made payable, on or after the coming into force of this Act, to or for the benefit of an employee whose rate of pay does not exceed $27,500 and that is in an amount equal to

    • (i) where the lump sum is payable to or for the benefit of an employee whose rate of pay does not exceed $27,000, $500, or

    • (ii) where the lump sum is payable to or for the benefit of an employee whose rate of pay exceeds $27,000 but does not exceed $27,500, that portion of $500 that the rate of pay for that employee exceeds $27,000, or

  • (d) in respect of severance pay or accumulated vacation or annual leave in the circumstances arising from a transfer referred to in paragraph 11(2)(g.1) of the Financial Administration Act; (rémunération)

  compensation plan

  compensation plan means the provisions, however established, for the determination and administration of compensation, and includes such provisions contained in collective agreements or arbitral awards or established bilaterally between an employer and an employee, unilaterally by an employer or by or pursuant to any Act of Parliament; (régime de rémunération)

  employee

  employee means any person who performs duties and functions that entitle that person to a fixed or ascertainable amount or rate of pay, but does not include any person to whom the Locally-Engaged Staff Employment Regulations apply or any person who is engaged locally outside Canada and whose position is wholly or partly excluded from the operation of the Public Service Employment Act under section 41 of that Act; (salarié)

  strike

  strike has the same meaning

  • (a) in the case of employees in respect of whom Part I of the Canada Labour Code applies, as in subsection 3(1) of that Act,

  • (b) in the case of employees in respect of whom the Parliamentary Employment and Staff Relations Act applies, as in section 3 of that Act, and

  • (c) in the case of employees in respect of whom the Public Service Staff Relations Act applies, as in section 2 of that Act; (grève)

  wage rate

  wage rate means a single rate of pay or range of rates of pay, including cost-of-living adjustments, or, where no such rate or range exists, any fixed or ascertainable amount of pay, but does not include any allowance, bonus, differential, premium or other emolument or benefit paid in respect of circumstances specified by order of the Treasury Board. (taux de salaire)

• Marginal note:Expiration of compensation plans

  (2) For the purposes of this Act, where a compensation plan does not provide for an expiration date, the plan shall be deemed to expire on the day before the day on which wage rates under the plan would normally be revised.

Application

Marginal note:Application

• 3 (1) This Act applies to employees employed in or by

  • (a) the departments of the Government of Canada or other portions of the public service of Canada, set out in Schedule I;

  • (b) the agencies, boards, commissions or corporations set out in Schedule II; and

  • (c) the Senate, House of Commons, Library of Parliament, Parliamentary Protective Service or office of the Parliamentary Budget Officer.

• Marginal note:Idem

  (2) This Act applies to

  • (a) the staff of ministers of the Crown and of members of the Senate and the House of Commons,

  • (b) directors of corporations set out in Schedule II,

  • (c) the members and officers of the Canadian Forces, and

  • (d) the members and officers of the Royal Canadian Mounted Police,

  and the staff, directors, members and officers shall, for the purposes of this Act, be deemed to be employees.

• Marginal note:Idem

  (3) This Act applies to persons appointed by the Governor in Council to a position in a portion of the public service set out in Schedule I or to an agency, board, commission or corporation set out in Schedule II, and any persons so appointed shall, for the purposes of this Act, be deemed to be employees.

• Marginal note:Idem

  (3.1) This Act, except subsections 5(1) and (2), section 6, subsections 9(1) to (3) and sections 10 and 11, applies to the following persons who shall, for the purposes of this Act, except those provisions, be deemed to be employees:

  • (a) the Chief Electoral Officer;

  • (b) the Commissioner of Official Languages for Canada; and

  • (c) the Governor and Deputy Governor of the Bank of Canada.

• Marginal note:Exclusion

  (4) For greater certainty, this Act does not apply to persons engaged as independent contractors.

Binding on Her Majesty

Marginal note:Binding on Her Majesty

4 This Act is binding on Her Majesty in right of Canada.

Extension of Compensation Plans

Marginal note:Extension of compensation plans

• 5 (1) Subject to section 11, every compensation plan for employees to whom this Act applies that was in effect on February 26, 1991, including every compensation plan extended under section 6, shall be extended for a period of seventy-two months beginning on the day immediately following the day on which the compensation plan would, but for this section, expire.

• Marginal note:No increase in compensation

  (1.1) Notwithstanding any provision of this Act other than subsection (1.2) or a provision of any compensation plan, no employee shall be entitled to the incremental increases, including those based on the attainment of further qualifications or the acquisition of skills, merit or performance increases, in-range increases, performance bonuses or other similar forms of compensation that would, but for this subsection, form part of their compensation plan, during the period of twenty-four months beginning on the day on which this subsection comes into force.

• Marginal note:Period not included as experience

  (1.2) The period referred to in subsection (1.1) shall not be counted for the purposes of calculating any increase in any form of compensation referred to in that subsection that is based on years of experience.

• Marginal note:Where prior undertaking to implement compensation plan

  (2) For the purposes of subsection (1), a compensation plan shall be deemed to have been in effect on February 26, 1991 if the parties to the plan had, before that date, agreed in writing to establish the plan to have effect on the expiration of the previous compensation plan and the plan is established on or after that date without change.

• Marginal note:Particular case

  (3) Each of the compensation plans for the persons mentioned in subsection 3(3.1) that was in effect on December 10, 1992 shall be extended for a period of forty-eight months beginning on the day immediately following the day on which the compensation plan would, but for this subsection, expire.

Marginal note:Extension of compensation plan that has already expired

6 Subject to section 11, where a compensation plan for employees to whom this Act applies would, but for this section, have expired before February 26, 1991 and no new compensation plan was established before February 26, 1991, or on or after that date in accordance with subsection 5(2), the compensation plan shall be extended for a period of twelve months beginning on the day immediately following the day on which the plan would have expired.

Marginal note:Terms and conditions

• 7 (1) Notwithstanding any other Act of Parliament except the Canadian Human Rights Act but subject to this Act, the terms and conditions of

  • (a) every compensation plan that is extended under section 5 or 6, and

  • (b) every collective agreement or arbitral award that includes a compensation plan referred to in paragraph (a)

  shall continue in force without change for the period for which the compensation plan is so extended.

• Marginal note:Exception where conversion or reclassification

  (2) The Treasury Board may change any terms and conditions of a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies, or of a collective agreement or arbitral award that includes such a compensation plan, if those terms and conditions are, in the opinion of the Treasury Board, in respect of a conversion or reclassification that is required to implement a new or revised classification standard.

• Marginal note:Extension where conversion or reclassification of a plan

  (2.1) Where, before December 10, 1992, the Treasury Board has, pursuant to subsection (2), changed any of the terms and conditions of a compensation plan to implement a new or revised classification standard, the new or revised compensation plan that is in effect as a result of that implementation shall be

  • (a) extended for a period of forty-eight months beginning on the day immediately following the day on which the compensation plan would, but for this subsection, expire; and

  • (b) deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for this subsection, expire shall not be increased for the forty-eight month period immediately following that day.

• Marginal note:Idem

  (2.2) Where, on or after December 10, 1992 but before the coming into force of this subsection, the Treasury Board has, pursuant to subsection (2), changed any of the terms and conditions of a compensation plan to implement a new or revised classification standard, the new or revised compensation plan that is in effect as a result of that implementation shall be

  • (a) extended for a period of twenty-four months beginning on the day immediately following the day on which the compensation plan would, but for this subsection, expire; and

  • (b) deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for this subsection, expire shall not be increased for the twenty-four month period immediately following that day.

• Marginal note:Authorized changes

  (3) The Treasury Board may authorize any change to any terms and conditions

  • (a) of a compensation plan that would, but for section 6, have expired before February 26, 1991; or

  • (b) of a collective agreement or arbitral award that includes a compensation plan referred to in paragraph (a).

• Marginal note:Where parties fail to agree

  (4) The Treasury Board may change any terms and conditions

  • (a) of a compensation plan that would, but for section 6, have expired before February 26, 1991, or

  • (b) of a collective agreement or arbitral award that includes a compensation plan referred to in paragraph (a)

  where the parties to the plan fail to agree to change those terms and conditions.

• Marginal note:Wage increases governed by section 10

  (5) The Treasury Board may not make or authorize any increase in wage rates pursuant to subsection (3) or (4) that is not in accordance with section 10.

• Marginal note:Work sharing agreement

  (6) Nothing in this section affects any work sharing agreement that is approved for the purposes of section 24 of the Unemployment Insurance Act.

Marginal note:Civilian Reduction Program

• 7.1 (1) Notwithstanding this Act or any other Act of Parliament except the Canadian Human Rights Act, the Treasury Board may

  • (a) fix the terms and conditions of the Civilian Reduction Program arising from the February 22, 1994 budget; and

  • (b) offer or give, to or on behalf of indeterminate employees of the Department of National Defence, Emergency Preparedness Canada and the Communications Security Establishment who are subject to that Program, payments under the Program.

• Marginal note:Merger with new program

  Footnote ^*(2) On or after the date of the coming into force of section 7.2,

  • (a) a payment under the Civilian Reduction Program shall not be offered or given pursuant to subsection (1) to or on behalf of an indeterminate employee of the Department of National Defence or Emergency Preparedness Canada unless that employee is a surplus employee within the meaning of the Work Force Adjustment Directive; and

  • (b) any employee referred to in paragraph (a) who has been offered a payment pursuant to subsection (1), whether before or after that date, but has not yet ceased to be an employee within the meaning of the Public Service Employment Act becomes subject to the program and section 7.2 applies to that employee, except that the payment is given in an amount and subject to any other terms and conditions respecting the payment fixed for the Civilian Reduction Program pursuant to subsection (1) and no other payment may be offered or given to that employee pursuant to section 7.2.

  • Return to footnote ^*[Note: Subsection 7.1(2), as enacted by 1995, c. 17, s. 2, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

• Marginal note:Definitions

  Footnote ^*(3) For the purposes of this section and sections 7.2, 7.3 and 7.4,

  program

  program means a program respecting early departure incentives, unpaid surplus status, lay offs and related matters arising from the February 27, 1995 budget; (programme)

  public service

  public service means the entities referred to in subsection 3(1); (administration publique)

  Work Force Adjustment Directive

  Work Force Adjustment Directive means the Work Force Adjustment Directive issued on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board, that came into force on December 15, 1991, as amended from time to time in accordance with subsections 7.3(2) and (3). (Directive sur le réaménagement des effectifs)

  • Return to footnote ^*[Note: Subsection 7.1(3), as enacted by 1995, c. 17, s. 2, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

Marginal note:Early departure incentive

• Footnote ^*7.2 (1) Notwithstanding this Act or any other Act of Parliament except the Canadian Human Rights Act, or any directive, policy, regulation or agreement made under any such Act,

  • (a) the Governor in Council, on the recommendation of the Treasury Board, may fix the terms and conditions of a program arising from the February 27, 1995 budget and designate any department or portion of the public service or any part of that department or portion of the public service to which that program is to apply; and

  • (b) the Treasury Board may offer or give, to or on behalf of an employee of the department or portion of the public service designated pursuant to paragraph (a) who is a surplus employee within the meaning of the Work Force Adjustment Directive or otherwise subject to the program, a payment under the program and, subject to the terms and conditions fixed pursuant to paragraph (a),

    • (i) may, no earlier than six months after the date on which the offer is received by the employee, place the employee on unpaid surplus status within the meaning of the program, and

    • (ii) shall lay off the employee where a reasonable job offer within the meaning of the Work Force Adjustment Directive was not made within twelve months after the commencement of the unpaid surplus status or the employee refuses the reasonable job offer.

• Marginal note:Effect of being laid off

  (2) An employee within the meaning of the Public Service Employment Act who is laid off pursuant to subparagraph (1)(b)(ii) ceases to be an employee under that Act, but is entitled to the same rights and privileges to which that person would otherwise be entitled as a person laid off under that Act.

• Marginal note:Authorization of deputy head to exercise powers and perform duties of Board

  (3) The Treasury Board may authorize the deputy head of a department or the chief executive officer of any portion of the public service to exercise and perform, in such manner and subject to such terms and conditions as the Treasury Board directs, any of the powers, duties and functions of the Treasury Board under subsection (1).

  • Return to footnote ^*[Note: Section 7.2, as enacted by 1995, c. 17, s. 3, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

Marginal note:Work Force Adjustment Directive not subject to collective bargaining

• Footnote ^*7.3 (1) Notwithstanding this Act or any other Act of Parliament except the Canadian Human Rights Act, or any directive, policy, regulation or agreement made under any such Act, the Work Force Adjustment Directive, any term or condition of employment relating to job security or work force adjustment or any matter in relation to which the Directive may be issued or amended, whether or not the Directive is included in a collective agreement or arbitral award that has ceased, or may cease, to operate, shall not be the subject of collective bargaining, or be embodied in a collective agreement or arbitral award within the meaning of the Public Service Staff Relations Act, in respect of any portion of the public service of Canada specified in Part I of Schedule I of that Act, during the period of three years beginning on the coming into force of this section.

• Marginal note:Amendments by mutual agreement

  (2) The Treasury Board and bargaining agents may, by agreement in writing, amend the Work Force Adjustment Directive but only as it relates to their collective agreements or arbitral awards, whether their collective agreements or arbitral awards are in force or have ceased to operate.

• Marginal note:Amendments to Work Force Adjustment Directive by Governor in Council

  (3) The Governor in Council, on the recommendation of the Treasury Board, may amend the Work Force Adjustment Directive in relation to any of the following matters:

  • (a) the suspension of the separation benefit;

  • (b) geographical limitations with respect to guaranteed offers of appointment made as a result of privatization and contracting out situations within the meaning of the Directive; and

  • (c) proceeding with a contract in a contracting out situation within the meaning of the Directive.

• Marginal note:Expiration

  (4) Any amendment to the Work Force Adjustment Directive made pursuant to subsection (3) ceases to have effect on the expiration of three years after the coming into force of this section.

• Marginal note:Amendments to Work Force Adjustment Directive incorporated by reference

  (5) Notwithstanding any other Act of Parliament or any collective agreement or arbitral award that incorporates by reference the Work Force Adjustment Directive and any amendments thereto, any amendment to the Directive made pursuant to subsection (3) is incorporated by reference in the collective agreement or arbitral award, subject to such modifications as are required by that Act and the collective agreement or arbitral award.

  • Return to footnote ^*[Note: Section 7.3, as enacted by 1995, c. 17, s. 3, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

Marginal note:Changes to compensation plan re voluntary leave

• Footnote ^*7.4 (1) The Governor in Council may change any terms and conditions of a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies if those terms and conditions are, in the opinion of the Treasury Board, required to implement the voluntary leave without pay programs arising from the February 27, 1995 budget.

• Marginal note:Expiration

  (2) Any change to a compensation plan made by the Governor in Council pursuant to subsection (1) ceases to have effect on the expiration of three years after the coming into force of this section.

  • Return to footnote ^*[Note: Section 7.4, as enacted by 1995, c. 17, s. 3, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

Marginal note:Amendment to collective agreements and arbitral awards

• Footnote ^*8 (1) Subject to subsection (3), the parties to any collective agreement or arbitral award that includes a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies may, by agreement in writing, amend any terms and conditions of the collective agreement or arbitral award otherwise than by increasing

  • (a) wage rates; or

  • (b) any form of compensation referred to in subsection 5(1.1).

• Marginal note:Unilateral and other amendments to compensation plan

  (2) Subject to subsection (3), in the case of a compensation plan not contained in a collective agreement or arbitral award, the terms and conditions of the plan, other than any terms and conditions relating to wage rates or any form of compensation referred to in subsection 5(1.1), may be amended in the manner in which the plan was established.

• Marginal note:Restriction of cost

  (3) No amendment may be made at any time to the terms and conditions of a compensation plan pursuant to subsection (1) or (2) if, as determined in accordance with subsection (4), the aggregate of all such amendments made at that time to the plan directly result in any increase in the total amount of expenditures to be incurred in respect of the department or other portion of the public service of Canada or part thereof to which the plan relates.

• Marginal note:Determination

  (4) For the purposes of subsection (3), the determination shall be made

  • (a) by the Governor in Council, on the recommendation of the Treasury Board, where the plan relates to employees employed in or by the entities referred to in paragraph 3(1)(a) or (b), the staff of ministers of the Crown or persons referred to in paragraphs 3(2)(b), (c) and (d) and subsection 3(3); or

  • (b) by the appropriate employer, where the plan relates to

    • (i) the entities referred to in paragraph 3(1)(c),

    • (ii) the staff of the members of the Senate and the House of Commons,

    • (iii) the Chief Electoral Officer,

    • (iv) the Commissioner of Official Languages for Canada, or

    • (v) the Governor and Deputy Governor of the Bank of Canada.

  • Return to footnote ^*[Note: Section 8, as enacted by 1995, c. 17, s. 4, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

Marginal note:Performance pay

8.1 Notwithstanding section 8, the Treasury Board may, on or after July 1, 1996, amend the terms and conditions relating to merit or performance increases, in-range increases or performance bonuses of a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies.

Marginal note:Members of the Canadian Forces

8.2 Notwithstanding any other provision of this Act, on or after April 1, 1996, the wage rates in effect under the compensation plan in respect of non-commissioned members of the Canadian Forces may be increased by an amount not exceeding 2.2 per cent in the manner in which the plan was established.

Wage Rates

Marginal note:No increase in wage rates

• 9 (1) Notwithstanding any other Act of Parliament but subject to section 11, every compensation plan for employees to whom this Act applies shall be deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for section 5, expire shall not be increased for the twelve month period immediately following that day.

• Marginal note:Increase in wage rates

  (2) The wage rates in effect under subsection (1) shall be increased for the twelve month period immediately following the period referred to in that subsection by three per cent.

• Marginal note:No increase in wage rates

  (3) The wage rates in effect under subsection (2) shall not be increased for the forty-eight month period immediately following the period referred to in that subsection.

• Marginal note:Idem

  (4) Notwithstanding any other Act of Parliament, each of the compensation plans for the persons mentioned in subsection 3(3.1) shall be deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for subsection 5(3), expire shall not be increased for the forty-eight month period immediately following that day.

Marginal note:Retroactive increase in wage rates

10 A compensation plan that is extended under section 6 shall be deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for section 6, have expired shall be increased, for the twelve month period referred to in that section,

• (a) by such amounts as the Governor in Council, on the recommendation of the Treasury Board, may authorize, in the case of a compensation plan contained in

  • (i) the collective agreement for the Translation Group entered into between the Treasury Board and the Canadian Union of Professional and Technical Employees that expired on April 18, 1990,

  • (ii) the collective agreement for the Computer Systems Administration Group entered into between the Treasury Board and the Professional Institute of the Public Service of Canada that expired on April 30, 1990, or

  • (iii) the collective agreement for the Auditing Group entered into between the Treasury Board and the Professional Institute of the Public Service of Canada that expired on May 4, 1990; and

• (b) by 4.2 per cent, in any other case.

Marginal note:Exception

• 11 (1) Where a compensation plan for employees to whom this Act applies expired before or was in effect on February 26, 1991 and a new compensation plan to have effect on the expiration of the previous compensation plan is established during the period beginning on February 26, 1991 and ending

  • (a) on the day immediately before the day on which this Act comes into force, or

  • (b) at any time on or after the day on which this Act comes into force, where the process for resolution of a dispute respecting the compensation plan is by the referral thereof to arbitration and a request for arbitration has been made in accordance with the laws applicable to the compensation plan before the day on which this Act comes into force,

  sections 5 and 6 do not apply in respect of the previous compensation plan and the Governor in Council, on the recommendation of the Treasury Board, may adjust wage rates under the new compensation plan to such amounts and for such periods as the Governor in Council considers to be consistent with the wage policy of the Government of Canada arising from the February 26, 1991 budget or the December 2, 1992 economic and fiscal statement, and any wage rates so adjusted shall be deemed to be embodied in the new compensation plan.

• Marginal note:Where prior undertaking to implement compensation plan

  (2) For the purposes of subsection (1), a new compensation plan to have effect on the expiration of the previous compensation plan shall be deemed to be established before the day on which this Act comes into force if the parties to the plan have, before that day, agreed in writing to establish the plan to have effect on the expiration of the previous compensation plan and the plan is established on or after that day without change.

• Marginal note:Extension

  (3) Every new compensation plan in respect of which this section applies, and every new collective agreement and arbitral award that includes such a plan, shall be

  • (a) extended for a period of forty-eight months beginning on the day immediately following the day on which the compensation plan, collective agreement or arbitral award would, but for this subsection, expire; and

  • (b) deemed to include provisions to the effect that

    • (i) the wage rates in effect under the plan on the day on which the plan would, but for this subsection, expire shall not be increased for the forty-eight month period immediately following that day, and

    • (ii) the terms and conditions of the plan, collective agreement or arbitral award, other than wage rates, in effect on the day on which the plan, collective agreement or arbitral award would, but for this subsection, expire, shall continue in force without change for the forty-eight month period immediately following that day.

Administration

Marginal note:Powers, duties and functions of Treasury Board

• 12 (1) The Treasury Board has such powers and shall perform such duties and functions in relation to this Act as are necessary to enable it to determine whether an employer of employees to whom this Act applies is complying with this Act.

• Marginal note:Information and documentation

  (2) The Treasury Board may require from an employer referred to in subsection (1) such information and documentation as it considers necessary to enable it to determine whether the employer is complying with this Act.

• Marginal note:Treasury Board directive

  (3) Where the Treasury Board determines pursuant to this section that an employer referred to in subsection (1) is not complying with this Act, it may issue such directives as it deems appropriate to ensure the compliance.

Marginal note:Provision of compensation plans of no force or effect

13 A provision of a compensation plan for employees to whom this Act applies that is entered into or established at any time is of no force or effect to the extent that it provides for an increase in wage rates that would bring wage rates to a level that they would, but for this Act, have reached.

Offences

Marginal note:Prohibitions

• 14 (1) During the period beginning on the day on which this Act comes into force in which a compensation plan, as extended under section 5 or 6, or in respect of which section 11 applies, is in force,

  • (a) no bargaining agent shall declare, authorize or direct, or condone or acquiesce in the continuation of, a strike of employees to whom the compensation plan applies;

  • (b) no representative or officer of a bargaining agent shall counsel or procure the declaration, authorization or direction of, or condone or acquiesce in the continuation of, a strike of those employees; and

  • (c) no employee to whom the compensation plan applies shall participate in a strike.

• Marginal note:Definition of condone or acquiesce

  (2) For the purposes of paragraphs (1)(a) and (b), condone or acquiesce with respect to the continuation of a strike, means

  • (a) to fail to give notice to employees participating in the strike that they are to resume the duties of their employment immediately;

  • (b) to fail to take reasonable steps to ensure that the employees resume the duties of their employment immediately; and

  • (c) to do anything that may encourage the employees not to resume the duties of their employment.

Marginal note:Offence — bargaining agent

15 Every bargaining agent that contravenes section 14 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 not exceeding $100,000.

Marginal note:Offence — representatives and officers

16 Every representative or officer of a bargaining agent that contravenes section 14 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 not exceeding $50,000.

Marginal note:Offence — employees

17 Every employee who contravenes section 14 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 not exceeding $1,000.

Marginal note:Deeming provision

18 For the purposes of enforcement proceedings under sections 14 to 17, a bargaining agent is deemed to be a person.

Marginal note:Imprisonment precluded

19 Notwithstanding 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 on a person as punishment in respect of an offence under sections 14 to 17.

Marginal note:Recovery of fines

• 20 (1) Any fine imposed on a bargaining agent or a representative or officer of a bargaining agent under section 15 or 16 constitutes a debt payable to Her Majesty in right of Canada and may, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof, be recovered by Her Majesty by a deduction of the amount of the fine or any portion thereof from the amount of the membership dues that the employer of the employees represented by the bargaining agent is or may be required, pursuant to any collective agreement that is or may be entered into between the employer and the bargaining agent, to deduct from the pay of the employees and to remit to the bargaining agent.

• Marginal note:Amount of deduction to Consolidated Revenue Fund

  (2) For greater certainty, all amounts deducted from membership dues under subsection (1) shall be deposited to the credit of the Receiver General and form part of the Consolidated Revenue Fund.

Orders

Marginal note:Orders

21 The Governor in Council may, on the recommendation of the Treasury Board, by order,

• (a) amend Schedule I by adding thereto the name of any department or ministry of state of the Government of Canada or any other portion of the public service of Canada; or

• (b) amend Schedule II by adding thereto the name of any agency, board or commission or any Crown corporation within the meaning of Part X of the Financial Administration Act.

Marginal note:Orders

22 The Governor in Council may, on the recommendation of the Treasury Board, by order, terminate the application of this Act in respect of any employee or group of employees to which this Act applies.

Related Amendments

23 and 24 [Amendments]

Coming into Force

Marginal note:Coming into force

25 This Act shall come into force on the day immediately after the day on which this Act is assented to, but not before the twelfth hour after the time at which it is assented to.