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Civil Air Navigation Services Commercialization Act (S.C. 1996, c. 20)

Act current to 2022-11-16 and last amended on 2017-12-12. Previous Versions

PART IVHuman Resources and Labour Relations (continued)

Collective Agreements and Arbitral Awards (continued)

Marginal note:Expired collective agreements or arbitral awards

  •  (1) Where a collective agreement or arbitral award that applied to a designated employee referred to in section 58 has expired and has not been renewed, revised or replaced before the transfer date,

    • (a) the Public Service Staff Relations Act and the Public Service Employment Act continue to apply in all respects to all matters arising before the transfer date in relation to the interpretation and application of the collective agreement or arbitral award or any of the terms and conditions of employment applicable pursuant to section 52 of the Public Service Staff Relations Act to the employees of the Corporation represented by the bargaining agent bound by the collective agreement or arbitral award;

    • (b) subsections 57(2) to (6), sections 58 to 66 and subsection 67(5) of the Canada Labour Code apply in all respects to all matters arising on or after the transfer date in relation to the interpretation and application of any term, condition, right or privilege continued under paragraph 50(b) of that Act; and

    • (c) subject to this section, the provisions of Part I of the Canada Labour Code, other than section 80, apply with respect to the renewal or revision of the collective agreement or the entering into of a new collective agreement.

  • Marginal note:Grievances

    (2) Proceedings under Part IV of the Public Service Staff Relations Act that were commenced before the transfer date in respect of a collective agreement, arbitral award or terms and conditions of employment mentioned in subsection (1) shall be continued as though the Corporation were the employer referred to in the collective agreement or arbitral award or bound by the terms and conditions of employment.

  • Marginal note:Grievances — proceedings may be commenced

    (3) Where events giving rise to a right to commence proceedings under Part IV of the Public Service Staff Relations Act in respect of a collective agreement, arbitral award or terms and conditions of employment mentioned in subsection (1) occurred before the transfer date but the proceedings had not commenced before that date, the proceedings may be commenced on or after the transfer date and be proceeded with as though the Corporation were the employer referred to in the collective agreement or arbitral award or bound by the terms and conditions of employment.

  • Marginal note:Deeming

    (4) For the purposes of subsections (2) and (3), anything done, or not done, by Her Majesty in right of Canada as represented by the Treasury Board is deemed to have been done, or to have not been done, as the case may be, by the Corporation.

  • Marginal note:Corporation deemed employer for arbitration purposes

    (5) The Corporation is deemed to be the employer referred to in any collective agreement or arbitral award mentioned in subsection (1) for the purposes of the conduct of any proceedings under Part I of the Canada Labour Code in relation to the matters referred to in paragraph (1)(b).

  • Marginal note:Notice to bargain

    (6) Subject to subsection (7), for the purposes of paragraph (1)(c), a notice to bargain collectively is deemed to have been given under Part I of the Canada Labour Code on the transfer date.

  • Marginal note:Notice to bargain

    (7) For the purposes of paragraph (1)(c), a notice to bargain collectively given under section 50 of the Public Service Staff Relations Act in respect of a collective agreement or arbitral award is deemed to have been given under Part I of the Canada Labour Code on the day it was given.

  • Marginal note:Where arbitration in progress

    (8) Where arbitration has been requested under section 64 of the Public Service Staff Relations Act before the transfer date in respect of a dispute arising in connection with the conclusion, renewal or revision of a collective agreement that applies to a designated employee referred to in section 58 and no arbitral award has been made, the arbitration shall be continued in accordance with that Act.

  • Marginal note:Collective agreement or arbitral award resulting from arbitration

    (9) A collective agreement or arbitral award referred to in subsection 66(2) of the Public Service Staff Relations Act made in consequence of arbitration continued under subsection (8) is binding on

    • (a) the Corporation, as if it were the employer referred to in the collective agreement or arbitral award,

    • (b) the bargaining agent that is a party to the collective agreement or arbitral award, and

    • (c) the employees of the Corporation in the bargaining unit in respect of which that bargaining agent has been certified,

    and subsections 62(8) and (9) apply, with such modifications as the circumstances require, in respect of the collective agreement or arbitral award as if it were a collective agreement or arbitral award referred to in those subsections.

  • Marginal note:Where conciliation in progress

    (10) Where a conciliation board has been established under section 77 of the Public Service Staff Relations Act before the transfer date in respect of a dispute arising in connection with the conclusion, renewal or revision of a collective agreement that applies to a designated employee referred to in section 58 and the conciliation board has not made a report to the Chairperson of the Public Service Staff Relations Board,

    • (a) the conciliation shall be continued in accordance with that Act; and

    • (b) on the expiration of seven days after the receipt by the Chairperson of the report of the conciliation board, the requirements of subsection 89(1) of the Canada Labour Code are deemed to have been met in respect of the employees of the Corporation in the bargaining unit represented by the bargaining agent that is a party to the dispute.

  • Marginal note:Where conciliation completed

    (11) Where a conciliation board has been established under section 77 of the Public Service Staff Relations Act before the transfer date in respect of a dispute arising in connection with the conclusion, renewal or revision of a collective agreement that applies to a designated employee referred to in section 58 and the conciliation board has made a report to the Chairperson of the Public Service Staff Relations Board, but seven days have not elapsed since the Chairperson received the report, the requirements of subsection 89(1) of the Canada Labour Code are deemed to have been met on the expiration of those seven days in respect of the employees of the Corporation in the bargaining unit represented by the bargaining agent that is a party to the dispute.

  • Marginal note:Where conciliation board refused

    (12) Where the Chairperson of the Public Service Staff Relations Board has, in respect of a dispute arising in connection with the conclusion, renewal or revision of a collective agreement that applies to a designated employee referred to in section 58, notified the parties to the dispute pursuant to section 77 of the Public Service Staff Relations Act before the transfer date of the Chairperson’s intention not to establish a conciliation board and the agreement has not been renewed, revised or replaced, the notification is deemed to have been given under paragraph 72(1)(d) of the Canada Labour Code on the day it was given.

  • Marginal note:Right to strike preserved

    (13) Where designated employees referred to in section 58 are members of a bargaining unit represented by a bargaining agent that immediately before the transfer date had the right to declare or authorize a strike in respect of that bargaining unit, the requirements of subsection 89(1) of the Canada Labour Code are deemed to have been met in respect of the bargaining unit.

Marginal note:Expiration date of collective agreements and arbitral awards

 The expiration date of a collective agreement or arbitral award continued under section 62 is the date that would have been the expiration date of the collective agreement or arbitral award under the Public Sector Compensation Act had this Act not been enacted.

Marginal note:Work Force Adjustment Directive does not apply

 Notwithstanding any indication to the contrary that may be contained in a collective agreement or arbitral award continued under section 62 or mentioned in section 63, the Work Force Adjustment Directive does not apply to employees of the Corporation.

Marginal note:National Joint Council agreements

  •  (1) Where agreements of the National Joint Council of the Public Service are incorporated by reference in a collective agreement or arbitral award continued under section 62 or mentioned in section 63, the incorporation by reference applies only in respect of those agreements as they read immediately before the transfer date.

  • Marginal note:Expiration date of agreements

    (2) Notwithstanding any indication to the contrary that may be contained in a collective agreement or arbitral award continued under section 62 or mentioned in section 63, the expiration date of any agreements of the National Joint Council of the Public Service that are incorporated by reference is the expiration date of the collective agreement or arbitral award.

Marginal note:Employment deemed to be continuous

  •  (1) For the purposes of the Canada Labour Code and any collective agreement or arbitral award continued under section 62 or mentioned in section 63, the employment of a designated employee referred to in section 58 by Her Majesty in right of Canada as represented by the Treasury Board and the Corporation is deemed to be continuous.

  • Marginal note:Vacation leave

    (2) For greater certainty and without restricting the generality of subsection (1), a designated employee referred to in section 58 is not entitled to claim payment from Her Majesty in right of Canada as represented by the Treasury Board in respect of earned but unused vacation leave on ceasing to be employed in the Public Service, notwithstanding

    • (a) any collective agreement or arbitral award that is binding on the designated employee immediately before the transfer date; or

    • (b) any terms and conditions of employment applicable to the designated employee immediately before the transfer date.

Marginal note:Her Majesty no longer responsible

 Subject to any agreement entered into between Her Majesty in right of Canada and the Corporation before the transfer date, Her Majesty in right of Canada ceases on the transfer date to be responsible for any obligation of Her Majesty in right of Canada as represented by the Treasury Board arising out of or under any collective agreement or arbitral award continued under section 62 or mentioned in section 63 or any terms and conditions of employment applicable to a designated employee immediately before the transfer date.

Bargaining Agents

Marginal note:Bargaining agents

  •  (1) Each employee organization that immediately before the transfer date was certified under the Public Service Staff Relations Act as the bargaining agent for a bargaining unit consisting of or including designated employees referred to in section 58 is deemed to have been certified as the bargaining agent for the employees of the Corporation in that bargaining unit under Part I of the Canada Labour Code on the transfer date.

  • Marginal note:Certification

    (2) Notwithstanding any provision of Part I of the Canada Labour Code,

    • (a) no application for certification as the bargaining agent for any employees of the Corporation represented by a bargaining agent deemed to have been certified under subsection (1) may be made by a trade union, and

    • (b) no bargaining unit or part of a bargaining unit consisting of employees of the Corporation represented by a bargaining agent deemed to have been certified under subsection (1) may be reviewed, rescinded, amended, altered or varied, otherwise than

      • (i) to include in the unit any employees who are not represented by a bargaining agent, or

      • (ii) to merge bargaining units that are represented by the same bargaining agent,

    before the beginning of the last three months of the first collective agreement entered into after the transfer date that applies to those employees and that has resulted from a notice to bargain collectively given by or to the Corporation after that date.

  • Marginal note:First collective agreement

    (3) For greater certainty, no collective agreement resulting from a notice to bargain collectively deemed under subsection 63(6) to have been given and no collective agreement or arbitral award referred to in subsection 63(9) is a first collective agreement within the meaning and for the purposes of subsection (2).

Severance Pay

Marginal note:Severance pay

 Notwithstanding section 67, a designated employee referred to in section 58 is entitled to severance pay in accordance with

  • (a) any collective agreement or arbitral award that is binding on the designated employee immediately before the transfer date, or

  • (b) any terms and conditions of employment applicable to the designated employee immediately before the transfer date,

on the day the designated employee ceases to be employed in the Public Service pursuant to this Act.

Marginal note:Recognition of service

 Notwithstanding section 67, when a designated employee is entitled to severance pay from the Corporation pursuant to a collective agreement, an arbitral award or terms and conditions of employment, the period for which the designated employee is entitled to severance pay is deemed not to include any period of employment for which the designated employee is entitled to severance pay under section 70.

Marginal note:Deemed lay-off

 Designated employees are deemed to be laid off from the Public Service on the day they cease to be employed in the Public Service pursuant to this Act for the sole purpose of entitlement to severance pay from Her Majesty in right of Canada as represented by the Treasury Board.

PART VServices to Humanitarian or Emergency Flights

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in this section and sections 74 to 84 and 90 to 92.

    collective agreement

    collective agreement means a collective agreement between the Corporation and a trade union, and includes a collective agreement or arbitral award continued under section 62 or mentioned in section 63. (convention collective)

    emergency flight support employee

    emergency flight support employee means an employee identified in accordance with the terms of an emergency support agreement. (employé affecté aux vols d’urgence)

    emergency support agreement

    emergency support agreement means an agreement between the Corporation and a trade union in respect of a bargaining unit represented by the trade union that

    • (a) identifies, in respect of the bargaining unit, the positions and the number of employees and their level of certification that are necessary to enable the Corporation to provide civil air navigation services in respect of humanitarian or emergency flights during a work stoppage;

    • (b) specifies the manner in which employees in the bargaining unit shall be identified as emergency flight support employees and how they are to be informed of that designation; and

    • (c) requires emergency flight support employees who are members of that bargaining unit to perform duties in support of the provision of civil air navigation services in respect of humanitarian or emergency flights during a work stoppage. (accord sur les services d’urgence)

    humanitarian or emergency flight

    humanitarian or emergency flight means

    • (a) an air ambulance flight;

    • (b) an aerial fire-fighting flight;

    • (c) a search and rescue flight;

    • (d) a flight in support of police or military activities;

    • (e) a flight to or from a location in Canada requiring designated northern or remote services;

    • (f) a flight incidental to any declared international, national, provincial or local emergency; or

    • (g) any other flight, or class of flights, declared by the Minister to be a humanitarian or emergency flight. (vols d’urgence ou à vocation humanitaire)

    trade union

    trade union means a bargaining agent for a bargaining unit of employees of the Corporation. (syndicat)

    work stoppage

    work stoppage means a strike or lockout. (arrêt de travail)

  • Marginal note:Words and expressions

    (2) Unless a contrary intention appears, words and expressions in this Part have the same meaning as in the Canada Labour Code.

 
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