Public Service Modernization Act (S.C. 2003, c. 22)
Full Document:
Assented to 2003-11-07
Designations, Conciliation and Prohibitions
Marginal note:Provisions of former Act apply
58. (1) If, before the day on which section 105 of the new Act comes into force, a notice to bargain collectively was given under the former Act in respect of a bargaining unit for which the process for resolution of a dispute is conciliation and no collective agreement was entered into before that day as a result of the notice, paragraphs (a) to (c) apply to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit until a collective agreement is entered into:
(a) sections 76 to 90.1 and sections 102 to 107 of the former Act, as those sections read immediately before that day, apply on and after that day, except that references in those sections to
(i) “Board” are to be read as references to the new Board,
(ii) “Chairperson” are to be read as references to the Chairperson of the new Board, and
(iii) “Minister” are to be read as references to the Minister within the meaning of subsection 2(1) of the new Act;
(b) a designation review panel established before that day may continue to act on and after that day; and
(c) a conciliation commissioner appointed or a conciliation board established before that day may continue to act on and after that day.
Marginal note:Non-application
(2) For greater certainty, if subsection (1) applies to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit, Divisions 8, 10, 11 and 14 of Part 1 of the new Act do not apply to them until a collective agreement is entered into.
Complaints
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.
Grievances
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.
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.
Division 2Transitional Provision Arising from the Amendments to the Financial Administration Act in Part 2
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.
Division 3Transitional Provisions Arising from Part 3
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.
Subdivision aTransitional Provisions Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3
Marginal note:Priorities
69. Every person who has a priority for appointment under the amended Act on the coming into force of subsection 29(1) of the new Act continues to have priority for appointment under the new Act for the period, and in the order, provided for by or under the amended Act.
Marginal note:Pending competitions and appointments
70. The coming into force of subsection 29(1) of the new Act does not affect any competition or other selection process being conducted under the amended Act.
Marginal note:Eligibility lists
71. An eligibility list made under the amended Act that is valid on the coming into force of subsection 29(1) of the new Act continues to be valid for the period provided for under subsection 17(2) of the amended Act, to a maximum of six months after the coming into force of subsection 29(1) of the new Act.
Marginal note:Pending appeals
72. An appeal taken within the period provided for under section 21 of the amended Act and not finally disposed of on the coming into force of subsection 77(1) of the new Act must be dealt with and disposed of in accordance with the amended Act.
Marginal note:Pending deployment recourse
73. A complaint made within the time and manner provided for under section 34.3 of the amended Act and not finally disposed of on the coming into force of subparagraph 209(1)(c)(ii) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, must be dealt with and disposed of in accordance with the amended Act.
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