Public Service Modernization Act (S.C. 2003, c. 22)
Full Document:
Assented to 2003-11-07
Public Service Staff Relations Board
Marginal note:Certain members continue
37. Each member of the former Board, other than the Deputy Chairpersons, holding office immediately before the day on which section 12 of the new Act comes into force continues to hold office and is deemed to have been appointed under that section to hold office for the remainder of the term for which he or she had been appointed before the coming into force of that section.
Marginal note:Deputy Chairpersons
38. The Deputy Chairpersons of the former Board cease to hold office on the day on which section 12 of the new Act comes into force.
Marginal note:Transfer of proceedings
39. (1) Subject to this Division, any proceeding that the former Board was seized of immediately before the day on which section 12 of the new Act comes into force is transferred to the new Board to be disposed of in accordance with the new Act.
Marginal note:Continuing jurisdiction of Deputy Chairperson
(2) A Deputy Chairperson of the former Board may, at the request of the Chairperson, continue to hear, consider or decide any matter that was before the Deputy Chairperson before the day on which section 12 of the new Act comes into force and in respect of which there was any proceeding in which he or she participated.
Marginal note:Powers
(3) For the purposes of subsection (2), a Deputy Chairperson may exercise any of the powers of a panel of the new Board.
Marginal note:Refusal to complete duties
(4) If a Deputy Chairperson who was a member of a panel refuses to continue to hear, consider or decide any matter referred to in subsection (2), the chairperson of the panel may continue to hear, consider or decide the matter or the Chairperson may remove that matter from the panel and hear, consider or decide that matter or assign a Vice-Chairperson or a panel of the new Board to do so on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.
Marginal note:Supervision by Chairperson
(5) The Chairperson has supervision over and direction of the work of any Deputy Chairperson who continues to hear, consider or decide a matter under subsection (2).
Marginal note:Fees and expenses
40. A Deputy Chairperson of the former Board who continues to hear, consider or decide a matter under subsection 39(2)
(a) is to be paid the fees for his or her services that may be fixed by the Governor in Council; and
(b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from his or her ordinary place of residence.
Marginal note:Limitation period
41. The Chairperson may withdraw from a Deputy Chairperson of the former Board any matter referred to in subsection 39(2) that is not disposed of within one year after the day on which section 12 of the new Act comes into force and determine the matter or assign it to a panel of the new Board on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.
Marginal note:Secretary of former Board
42. (1) The person who, immediately before the day on which section 48 of the new Act comes into force, held the office of secretary of the former Board is deemed to have been appointed to the office of Executive Director of the new Board, without prejudice to any salary and benefits he or she may receive by virtue of having held that office before that day.
Marginal note:Officers and employees
(2) Nothing in the new Act affects the status of any person who was an officer or employee of the former Board immediately before the day on which section 49 of the new Act comes into force, except that, as of that day, the person is an officer or employee, as the case may be, of the new Board.
Marginal note:Rights and obligations transferred
43. All rights and property held by or in the name of or in trust for the former Board and all obligations and liabilities of the former Board are deemed to be rights, property, obligations and liabilities of the new Board.
Marginal note:References
44. Every reference to the former Board in a deed, contract or other document executed by the former Board in its own name is to be read as a reference to the new Board, unless the context otherwise requires.
Marginal note:Transfer of appropriations
45. Any amount appropriated, for the fiscal year that includes the day on which section 12 of the new Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Board and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Board.
Marginal note:Continuation of legal proceedings
46. Any action, suit or other proceeding, to which the former Board is a party, that is pending in any court on the day on which section 12 of the new Act comes into force may be continued by or against the new Board in the like manner and to the same extent as it could have been continued by or against the former Board.
Marginal note:Decisions, etc., continued
47. Every decision, order, determination and declaration made by the former Board is deemed to have been made by the new Board and may be enforced as such.
Bargaining Agents and Bargaining Units
Marginal note:Certification continued
48. (1) Each employee organization that, immediately before the day on which section 64 of the new Act comes into force, was certified as the bargaining agent for a bargaining unit continues to be certified as the bargaining agent for the bargaining unit.
Marginal note:Effects of certification
(2) Section 67 of the new Act applies as though the employee organization had been certified under the new Act.
Marginal note:Legal officers
49. (1) For the purposes of the new Act, including any application under section 58 of the new Act, an employee who, on or after the day on which the definition “managerial or confidential position” in subsection 2(1) of that Act comes into force, is employed as a legal officer in the Department of Justice or the Canada Customs and Revenue Agency is deemed not to be included in any unit determined, in accordance with the former Act, to constitute a unit of employees appropriate for collective bargaining.
Marginal note:New application required
(2) For greater certainty, any employee organization that wishes to represent employees in a bargaining unit that includes one or more employees referred to in subsection (1) must proceed by way of an application under section 54 of the new Act.
Managerial or Confidential Position
Marginal note:Certain positions continued
50. Every position that was a position referred to in any of paragraphs (a), (b), (e), (f) and (g) of the definition “managerial or confidential position” in subsection 2(1) of the former Act immediately before the day on which the definition “managerial or confidential position” in subsection 2(1) of the new Act comes into force is deemed, as of that day, to be a managerial or confidential position within the meaning of subsection 2(1) of the new Act.
Choice of Process for Dispute Resolution
Marginal note:Process for resolution of disputes
51. The process for resolution of a dispute specified by a bargaining agent for a bargaining unit and recorded by the former Board continues to be the process applicable to that bargaining unit until it is changed in accordance with the new Act.
Collective Agreements and Arbitral Awards
Marginal note:Collective agreements
52. Every collective agreement entered into under the former Act that is in force immediately before the day on which the definition “collective agreement” in subsection 2(1) of the new Act comes into force is deemed to be a collective agreement entered into under the new Act and continues in force until its term expires.
Marginal note:Arbitral awards
53. Every arbitral award made under the former Act that is in force immediately before the day on which the definition “arbitral award” in subsection 2(1) of the new Act comes into force is deemed to be an arbitral award made under the new Act and continues in force until its term expires.
Conciliators and Fact Finders
Marginal note:Conciliators
54. Every person appointed as a conciliator under section 53 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with that section and section 54 of the former Act, as those sections read immediately before that day, except that the references to “Chairperson” in section 54 of the former Act are to be read as references to the Chairperson of the new Board.
Marginal note:Fact finders
55. Every person appointed as a fact finder under section 54.1 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with section 54.4 of the former Act, as that section read immediately before that day and sections 54.1 to 54.6 of the former Act, as those sections read immediately before that day, apply after that day to the parties being assisted by the fact finder, except that the references in those sections to
(a) “Board” are to be read as references to the new Board; and
(b) “Chairperson” are to be read as references to the Chairperson of the new Board.
Alternate Dispute Resolution Process
Marginal note:Section 61 of the former Act
56. Every person to whom terms and conditions were referred under section 61 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with the provisions of the former Act as they read immediately before that day.
Arbitration
Marginal note:Arbitration
57. (1) The following rules apply to requests for arbitration made before the day on which section 136 of the new Act comes into force and for which no arbitral award had been made before that day:
(a) if no arbitration board had been established or arbitrator appointed before that day, the request is to be dealt with as though it had been made under section 136 of the new Act;
(b) if an arbitrator had been appointed before that day, the arbitrator is deemed to be an arbitration board consisting of a single member established under section 139 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act; and
(c) if an arbitration board had been established before that day, the arbitration board is deemed to be an arbitration board consisting of three members established under section 140 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act.
Marginal note:Restriction
(2) For greater certainty, an arbitral award may be made under subsection (1) only in respect of a term or condition of employment that could have been embodied in an arbitral award made under the former Act as it read immediately before the day on which section 140 of the new Act comes into force.
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