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 or Library of Parliament.

• 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.

Marginal note:Binding on Her Majesty

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

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.