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

Marginal note:Limitation period

63. The Chairperson may withdraw from any member of the former Board any grievance referred to in subsection 61(2) that is not disposed of within one year after the day on which section 209 of the new Act comes into force and the Chairperson may, on any terms and conditions that he or she may specify for the protection and preservation of the rights and interests of the parties, refer the matter to a member of the new Board.

Marginal note:Events giving rise to individual grievances

64. Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral award, an individual grievance may be presented on or after the day on which section 208 of the new Act comes into force in respect of any event that occurred before that day and that would have given rise to a right to grieve under section 91 of the former Act, as that section read immediately before that day.

Marginal note:Events giving rise to policy grievances

65. Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral award, a policy grievance may be presented on or after the day on which section 220 of the new Act comes into force in respect of any event that occurred before that day if the matter could have been referred to the former Board under section 99 of the former Act, as that section read immediately before that day.

Marginal note:Former adjudication orders

66. Every order made by an adjudicator under the former Act is deemed to be an order made by an adjudicator under the new Act and may be enforced as such.

Marginal note:Deemed designated portions

67. Every portion of the public service of Canada designated by the Governor in Council before the day on which section 8 of this Act comes into force to be part of the public service for the purposes of sections 11, 12 and 13 of the Financial Administration Act is deemed to be a portion of the federal public administration designated by the Governor in Council for the purpose of paragraph (d) of the definition “public service” in subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act.

Marginal note:Definitions

68. The following definitions apply in this Division.

“amended Act”

« loi modifiée »

“amended Act” means the former Act as amended by Division 2 of Part 3 of this Act.

“former Act”

« ancienne loi »

“former Act” means the Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985.

“former Commission”

« ancienne Commission »

“former Commission” means the Public Service Commission established by subsection 3(1) of the former Act.

“new Act”

« nouvelle loi »

“new Act” means the Public Service Employment Act, enacted by sections 12 and 13 of this Act.

“new Commission”

« nouvelle Commission »

“new Commission” means the Public Service Commission established by subsection 3(1) of the amended Act.