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

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.