Public Service Modernization Act (S.C. 2003, c. 22)

Marginal note:Complaints referred to in par. 23(1)(b) of former Act

59. Every complaint referred to in paragraph 23(1)(b) of the former Act that was not finally disposed of by the former Board before the day on which section 221 of the new Act comes into force is deemed, for the purpose of the new Act, to be a policy grievance that has been referred to adjudication and, if a panel of the former Board had commenced to hear the complaint, that panel is, subject to section 39, deemed to be an adjudicator or a board of adjudication, as the case may be.

Marginal note:Complaints referred to in par. 23(1)(c) of former Act

60. Complaints referred to in paragraph 23(1)(c) of the former Act that were not finally disposed of by the former Board before the day on which section 234 of the new Act comes into force are deemed to have been withdrawn immediately before that day.

Marginal note:Former Act applies

• 61. (1) Subject to subsection (5), every grievance presented in accordance with the former Act that was not finally dealt with before the day on which section 208 of the new Act comes into force is to be dealt with on and after that day in accordance with the provisions of the former Act, as they read immediately before that day.

• Marginal note:Adjudicators

  (2) For the purposes of subsection (1), an adjudicator under the former Act may continue to hear, consider or decide any grievance referred to him or her before the day on which section 209 of the new Act comes into force, except that if the adjudicator was a member of the former Board, he or she may do so only if requested to do so by the Chairperson.

• Marginal note:Supervision by Chairperson

  (3) The Chairperson has supervision over and direction of the work of any member of the former Board who continues to hear, consider or decide a grievance under subsection (2).

• Marginal note:Refusal to complete duties

  (4) If an adjudicator under the former Act refuses to continue to hear, consider or decide a grievance referred to in subsection (2), the Chairperson may, on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties, refer the grievance to a member of the new Board.

• Marginal note:Appointment after commencement day

  (5) If a grievance referred to in subsection (1) is referred to adjudication after the day on which section 209 of the new Act comes into force, the provisions of the new Act apply with respect to the appointment of the adjudicator.

• Marginal note:Powers

  (6) For the purposes of subsections (2) and (5), the adjudicator may exercise any of the powers an adjudicator under the former Act could have exercised under that Act.

Marginal note:Fees and expenses

62. Each adjudicator under the former Act who continues to hear, consider or decide a grievance under subsection 61(2) who, at the time of his or her appointment, was a member of the former Board or an adjudicator referred to in paragraph 95(2)(a.1) of the former Act

• (a) is to be paid the fees that may be fixed by the Governor in Council; and

• (b) is entitled to be paid reasonable travel and living expenses incurred while doing so during any period of absence from his or her ordinary place of residence.