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Public Sector Compensation Act (S.C. 1991, c. 30)

Act current to 2021-02-15 and last amended on 2019-08-28. Previous Versions

Extension of Compensation Plans (continued)

Marginal note:Work Force Adjustment Directive not subject to collective bargaining

  • Footnote * (1) Notwithstanding this Act or any other Act of Parliament except the Canadian Human Rights Act, or any directive, policy, regulation or agreement made under any such Act, the Work Force Adjustment Directive, any term or condition of employment relating to job security or work force adjustment or any matter in relation to which the Directive may be issued or amended, whether or not the Directive is included in a collective agreement or arbitral award that has ceased, or may cease, to operate, shall not be the subject of collective bargaining, or be embodied in a collective agreement or arbitral award within the meaning of the Public Service Staff Relations Act, in respect of any portion of the public service of Canada specified in Part I of Schedule I of that Act, during the period of three years beginning on the coming into force of this section.

  • Marginal note:Amendments by mutual agreement

    (2) The Treasury Board and bargaining agents may, by agreement in writing, amend the Work Force Adjustment Directive but only as it relates to their collective agreements or arbitral awards, whether their collective agreements or arbitral awards are in force or have ceased to operate.

  • Marginal note:Amendments to Work Force Adjustment Directive by Governor in Council

    (3) The Governor in Council, on the recommendation of the Treasury Board, may amend the Work Force Adjustment Directive in relation to any of the following matters:

    • (a) the suspension of the separation benefit;

    • (b) geographical limitations with respect to guaranteed offers of appointment made as a result of privatization and contracting out situations within the meaning of the Directive; and

    • (c) proceeding with a contract in a contracting out situation within the meaning of the Directive.

  • Marginal note:Expiration

    (4) Any amendment to the Work Force Adjustment Directive made pursuant to subsection (3) ceases to have effect on the expiration of three years after the coming into force of this section.

  • Marginal note:Amendments to Work Force Adjustment Directive incorporated by reference

    (5) Notwithstanding any other Act of Parliament or any collective agreement or arbitral award that incorporates by reference the Work Force Adjustment Directive and any amendments thereto, any amendment to the Directive made pursuant to subsection (3) is incorporated by reference in the collective agreement or arbitral award, subject to such modifications as are required by that Act and the collective agreement or arbitral award.

    • Return to footnote *[Note: Section 7.3, as enacted by 1995, c. 17, s. 3, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

  • 1995, c. 17, s. 3

Marginal note:Changes to compensation plan re voluntary leave

  • Footnote * (1) The Governor in Council may change any terms and conditions of a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies if those terms and conditions are, in the opinion of the Treasury Board, required to implement the voluntary leave without pay programs arising from the February 27, 1995 budget.

  • Marginal note:Expiration

    (2) Any change to a compensation plan made by the Governor in Council pursuant to subsection (1) ceases to have effect on the expiration of three years after the coming into force of this section.

    • Return to footnote *[Note: Section 7.4, as enacted by 1995, c. 17, s. 3, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

  • 1995, c. 17, s. 3

Marginal note:Amendment to collective agreements and arbitral awards

  • Footnote * (1) Subject to subsection (3), the parties to any collective agreement or arbitral award that includes a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies may, by agreement in writing, amend any terms and conditions of the collective agreement or arbitral award otherwise than by increasing

    • (a) wage rates; or

    • (b) any form of compensation referred to in subsection 5(1.1).

  • Marginal note:Unilateral and other amendments to compensation plan

    (2) Subject to subsection (3), in the case of a compensation plan not contained in a collective agreement or arbitral award, the terms and conditions of the plan, other than any terms and conditions relating to wage rates or any form of compensation referred to in subsection 5(1.1), may be amended in the manner in which the plan was established.

  • Marginal note:Restriction of cost

    (3) No amendment may be made at any time to the terms and conditions of a compensation plan pursuant to subsection (1) or (2) if, as determined in accordance with subsection (4), the aggregate of all such amendments made at that time to the plan directly result in any increase in the total amount of expenditures to be incurred in respect of the department or other portion of the public service of Canada or part thereof to which the plan relates.

  • Marginal note:Determination

    (4) For the purposes of subsection (3), the determination shall be made

    • (a) by the Governor in Council, on the recommendation of the Treasury Board, where the plan relates to employees employed in or by the entities referred to in paragraph 3(1)(a) or (b), the staff of ministers of the Crown or persons referred to in paragraphs 3(2)(b), (c) and (d) and subsection 3(3); or

    • (b) by the appropriate employer, where the plan relates to

      • (i) the entities referred to in paragraph 3(1)(c),

      • (ii) the staff of the members of the Senate and the House of Commons,

      • (iii) the Chief Electoral Officer,

      • (iv) the Commissioner of Official Languages for Canada, or

      • (v) the Governor and Deputy Governor of the Bank of Canada.

    • Return to footnote *[Note: Section 8, as enacted by 1995, c. 17, s. 4, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

  • 1991, c. 30, s. 8
  • 1993, c. 13, s. 6
  • 1995, c. 17, s. 4

Marginal note:Performance pay

 Notwithstanding section 8, the Treasury Board may, on or after July 1, 1996, amend the terms and conditions relating to merit or performance increases, in-range increases or performance bonuses of a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies.

  • 1996, c. 18, s. 13

Marginal note:Members of the Canadian Forces

 Notwithstanding any other provision of this Act, on or after April 1, 1996, the wage rates in effect under the compensation plan in respect of non-commissioned members of the Canadian Forces may be increased by an amount not exceeding 2.2 per cent in the manner in which the plan was established.

  • 1996, c. 18, s. 13

Wage Rates

Marginal note:No increase in wage rates

  •  (1) Notwithstanding any other Act of Parliament but subject to section 11, every compensation plan for employees to whom this Act applies shall be deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for section 5, expire shall not be increased for the twelve month period immediately following that day.

  • Marginal note:Increase in wage rates

    (2) The wage rates in effect under subsection (1) shall be increased for the twelve month period immediately following the period referred to in that subsection by three per cent.

  • Marginal note:No increase in wage rates

    (3) The wage rates in effect under subsection (2) shall not be increased for the forty-eight month period immediately following the period referred to in that subsection.

  • Marginal note:Idem

    (4) Notwithstanding any other Act of Parliament, each of the compensation plans for the persons mentioned in subsection 3(3.1) shall be deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for subsection 5(3), expire shall not be increased for the forty-eight month period immediately following that day.

  • 1991, c. 30, s. 9
  • 1993, c. 13, s. 7
  • 1994, c. 18, s. 6

Marginal note:Retroactive increase in wage rates

 A compensation plan that is extended under section 6 shall be deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for section 6, have expired shall be increased, for the twelve month period referred to in that section,

  • (a) by such amounts as the Governor in Council, on the recommendation of the Treasury Board, may authorize, in the case of a compensation plan contained in

    • (i) the collective agreement for the Translation Group entered into between the Treasury Board and the Canadian Union of Professional and Technical Employees that expired on April 18, 1990,

    • (ii) the collective agreement for the Computer Systems Administration Group entered into between the Treasury Board and the Professional Institute of the Public Service of Canada that expired on April 30, 1990, or

    • (iii) the collective agreement for the Auditing Group entered into between the Treasury Board and the Professional Institute of the Public Service of Canada that expired on May 4, 1990; and

  • (b) by 4.2 per cent, in any other case.

 
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