Expenditure Restraint Act (S.C. 2009, c. 2, s. 393)

Members of Parliament

Marginal note:Increase

• 55 (1) Despite subsections 55.1(2), 62.1(2), 62.2(2) and 62.3(2) of the Parliament of Canada Act and subsections 4.1(2), (4) and (6) of the Salaries Act, the increase in respect of allowances and salaries to be paid to members of the Senate and the House of Commons for the 2009–2010 fiscal year is to be 1.5%.

• Marginal note:No increase

  (2) Despite the provisions referred to in subsection (1), there are to be no increases in respect of allowances and salaries to be paid to members of the Senate and the House of Commons for the 2010–2011, 2011–2012 and 2012–2013 fiscal years.

• Marginal note:Transition — 2013–2014 fiscal year

  (3) In calculating the allowances and salaries to be paid to members of the Senate and the House of Commons for the 2013–2014 fiscal year, the indexing mentioned in the provisions referred to in subsection (1) is to be applied to the allowances and salaries payable to the members for the 2009–2010 fiscal year.

General

Marginal note:Inconsistent provisions

56 Any provision of any collective agreement that is entered into — or of any arbitral award that is made, or of any terms and conditions of employment that are established — after the day on which this Act comes into force that is inconsistent with this Act is of no effect.

Marginal note:Compensating for restraint measures prohibited

57 No provision of any collective agreement that is entered into — or of any arbitral award that is made, or of any terms and conditions of employment that are established — after the day on which this Act comes into force may provide for compensation for amounts that employees did not receive as a result of the restraint measures in this Act.

Marginal note:Provisions compensating for restraint measures of no effect

58 If a provision of a collective agreement that is entered into — or of an arbitral award that is made, or of terms and conditions of employment that are established — on or before the day on which this Act comes into force provides for compensation for amounts that employees did not receive as a result of the restraint measures in this Act, that provision is of no effect or is deemed never to have had effect, as the case may be.

Marginal note:No changes to performance pay plans — new collective agreements, etc.

59 No provision of any collective agreement that is entered into — or of any arbitral award that is made, or of any terms and conditions of employment that are established — after the day on which this Act comes into force may, for any period that begins during the restraint period, change the performance pay plans, including the amounts or rates, that apply to any employees governed by the agreement, award or terms and conditions of employment.

Marginal note:No changes to performance pay plans — existing collective agreements, etc.

60 If a provision of a collective agreement that is entered into — or of an arbitral award that is made, or of terms and conditions of employment that are established — during the period that begins on December 8, 2008 and ends on the day on which this Act comes into force changes, for any period that begins during the restraint period, the performance pay plans, including the amounts or rates, that apply to any employees governed by the agreement, award or terms and conditions of employment, the change is of no effect or is deemed never to have had effect, as the case may be.

Marginal note:No changes to performance pay plans — existing collective agreements, etc.

61 If a provision of a collective agreement that is entered into — or of an arbitral award that is made, or of terms and conditions of employment that are established — before December 8, 2008 changes, for any period that begins in the period that begins on December 8, 2008 and ends on March 31, 2011, the performance pay plans, including the amounts or rates, that apply to any employees governed by the agreement, award or terms and conditions of employment, the change is of no effect or is deemed never to have had effect, as the case may be.

Marginal note:Royal Canadian Mounted Police

62 Despite sections 44 to 49, the Treasury Board may change the amount or rate of any allowance, or make any new allowance, applicable to members of the Royal Canadian Mounted Police if the Treasury Board is of the opinion that the change or the new allowance, as the case may be, is critical to support transformation initiatives relating to the Royal Canadian Mounted Police.

Administration

Marginal note:Powers and duties of Treasury Board

• 63 (1) The Treasury Board may exercise the powers and shall perform the duties in relation to this Act that are necessary to enable it to determine whether an employer of employees, other than employees referred to in paragraph 13(1)(c) or (3)(a), is complying with this Act.

• Marginal note:Information and documentation

  (2) The Treasury Board may require from the employer any information and documentation that it considers necessary to enable it to determine whether the employer is complying with this Act.

• Marginal note:Treasury Board directive

  (3) If the Treasury Board determines under this section that the employer is not complying with this Act, it may issue any directives that it considers appropriate to ensure the compliance.

Marginal note:Debt due to Her Majesty

• 64 (1) Every amount paid — including amounts paid before the day on which this Act comes into force — to any person in excess of the amount that should have been paid as a result of this Act is a debt due to Her Majesty and may be recovered as such.

• Marginal note:Overpayment

  (2) Any amount that is a debt due to Her Majesty as a result of subsection (1) is deemed to be an overpayment to which subsection 155(3) of the Financial Administration Act applies.

• Marginal note:Application

  (3) For greater certainty, subsection (1) applies to, but is not limited to, the following amounts:

  • (a) amounts paid under a provision that by the operation of this Act is of no effect or is deemed never to have had effect; and

  • (b) amounts paid as a result of the payment of any amount referred to in paragraph (a).

Marginal note:Orders

65 The Governor in Council may, on the recommendation of the Treasury Board, by order, amend Schedule 1 by adding to or deleting from it the name of any Crown corporation or public body.