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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

Wage Rates (continued)

Marginal note:Exception

  •  (1) Where a compensation plan for employees to whom this Act applies expired before or was in effect on February 26, 1991 and a new compensation plan to have effect on the expiration of the previous compensation plan is established during the period beginning on February 26, 1991 and ending

    • (a) on the day immediately before the day on which this Act comes into force, or

    • (b) at any time on or after the day on which this Act comes into force, where the process for resolution of a dispute respecting the compensation plan is by the referral thereof to arbitration and a request for arbitration has been made in accordance with the laws applicable to the compensation plan before the day on which this Act comes into force,

    sections 5 and 6 do not apply in respect of the previous compensation plan and the Governor in Council, on the recommendation of the Treasury Board, may adjust wage rates under the new compensation plan to such amounts and for such periods as the Governor in Council considers to be consistent with the wage policy of the Government of Canada arising from the February 26, 1991 budget or the December 2, 1992 economic and fiscal statement, and any wage rates so adjusted shall be deemed to be embodied in the new compensation plan.

  • Marginal note:Where prior undertaking to implement compensation plan

    (2) For the purposes of subsection (1), a new compensation plan to have effect on the expiration of the previous compensation plan shall be deemed to be established before the day on which this Act comes into force if the parties to the plan have, before that day, 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 day without change.

  • Marginal note:Extension

    (3) Every new compensation plan in respect of which this section applies, and every new collective agreement and arbitral award that includes such a plan, shall be

    • (a) extended for a period of forty-eight months beginning on the day immediately following the day on which the compensation plan, collective agreement or arbitral award would, but for this subsection, expire; and

    • (b) deemed to include provisions to the effect that

      • (i) the wage rates in effect under the plan on the day on which the plan would, but for this subsection, expire shall not be increased for the forty-eight month period immediately following that day, and

      • (ii) the terms and conditions of the plan, collective agreement or arbitral award, other than wage rates, in effect on the day on which the plan, collective agreement or arbitral award would, but for this subsection, expire, shall continue in force without change for the forty-eight month period immediately following that day.

  • 1991, c. 30, s. 11
  • 1993, c. 13, s. 8
  • 1994, c. 18, s. 7

Administration

Marginal note:Powers, duties and functions of Treasury Board

  •  (1) The Treasury Board has such powers and shall perform such duties and functions in relation to this Act as are necessary to enable it to determine whether an employer of employees to whom this Act applies is complying with this Act.

  • Marginal note:Information and documentation

    (2) The Treasury Board may require from an employer referred to in subsection (1) such information and documentation as it considers necessary to enable it to determine whether the employer is complying with this Act.

  • Marginal note:Treasury Board directive

    (3) Where the Treasury Board determines pursuant to this section that an employer referred to in subsection (1) is not complying with this Act, it may issue such directives as it deems appropriate to ensure the compliance.

Marginal note:Provision of compensation plans of no force or effect

 A provision of a compensation plan for employees to whom this Act applies that is entered into or established at any time is of no force or effect to the extent that it provides for an increase in wage rates that would bring wage rates to a level that they would, but for this Act, have reached.

Offences

Marginal note:Prohibitions

  •  (1) During the period beginning on the day on which this Act comes into force in which a compensation plan, as extended under section 5 or 6, or in respect of which section 11 applies, is in force,

    • (a) no bargaining agent shall declare, authorize or direct, or condone or acquiesce in the continuation of, a strike of employees to whom the compensation plan applies;

    • (b) no representative or officer of a bargaining agent shall counsel or procure the declaration, authorization or direction of, or condone or acquiesce in the continuation of, a strike of those employees; and

    • (c) no employee to whom the compensation plan applies shall participate in a strike.

  • Marginal note:Definition of condone or acquiesce

    (2) For the purposes of paragraphs (1)(a) and (b), condone or acquiesce with respect to the continuation of a strike, means

    • (a) to fail to give notice to employees participating in the strike that they are to resume the duties of their employment immediately;

    • (b) to fail to take reasonable steps to ensure that the employees resume the duties of their employment immediately; and

    • (c) to do anything that may encourage the employees not to resume the duties of their employment.

Marginal note:Offence — bargaining agent

 Every bargaining agent that contravenes section 14 is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine not exceeding $100,000.

Marginal note:Offence — representatives and officers

 Every representative or officer of a bargaining agent that contravenes section 14 is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine not exceeding $50,000.

Marginal note:Offence — employees

 Every employee who contravenes section 14 is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine not exceeding $1,000.

Marginal note:Deeming provision

 For the purposes of enforcement proceedings under sections 14 to 17, a bargaining agent is deemed to be a person.

Marginal note:Imprisonment precluded

 Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed on a person as punishment in respect of an offence under sections 14 to 17.

Marginal note:Recovery of fines

  •  (1) Any fine imposed on a bargaining agent or a representative or officer of a bargaining agent under section 15 or 16 constitutes a debt payable to Her Majesty in right of Canada and may, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof, be recovered by Her Majesty by a deduction of the amount of the fine or any portion thereof from the amount of the membership dues that the employer of the employees represented by the bargaining agent is or may be required, pursuant to any collective agreement that is or may be entered into between the employer and the bargaining agent, to deduct from the pay of the employees and to remit to the bargaining agent.

  • Marginal note:Amount of deduction to Consolidated Revenue Fund

    (2) For greater certainty, all amounts deducted from membership dues under subsection (1) shall be deposited to the credit of the Receiver General and form part of the Consolidated Revenue Fund.

Orders

Marginal note:Orders

 The Governor in Council may, on the recommendation of the Treasury Board, by order,

  • (a) amend Schedule I by adding thereto the name of any department or ministry of state of the Government of Canada or any other portion of the public service of Canada; or

  • (b) amend Schedule II by adding thereto the name of any agency, board or commission or any Crown corporation within the meaning of Part X of the Financial Administration Act.

Marginal note:Orders

 The Governor in Council may, on the recommendation of the Treasury Board, by order, terminate the application of this Act in respect of any employee or group of employees to which this Act applies.

Related Amendments

 [Amendments]

Coming into Force

Marginal note:Coming into force

 This Act shall come into force on the day immediately after the day on which this Act is assented to, but not before the twelfth hour after the time at which it is assented to.

 
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