Marginal note:Short title

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

Marginal note:Definitions

• 2. (1) In this Act,

  “bargaining agent”

  « agent négociateur »

  “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;

  “compensation”

  « rémunération »

  “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;

  “compensation plan”

  « régime de rémunération »

  “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;

  “employee”

  « salarié »

  “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;

  “strike”

  « grève »

  “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;

  “wage rate”

  « taux de salaire »

  “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.

• 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.