Civil Air Navigation Services Commercialization Act (S.C. 1996, c. 20)

Act current to 2014-10-27 and last amended on 2005-04-01. Previous Versions

Bargaining Agents

Marginal note:Bargaining agents
  •  (1) Each employee organization that immediately before the transfer date was certified under the Public Service Staff Relations Act as the bargaining agent for a bargaining unit consisting of or including designated employees referred to in section 58 is deemed to have been certified as the bargaining agent for the employees of the Corporation in that bargaining unit under Part I of the Canada Labour Code on the transfer date.

  • Marginal note:Certification

    (2) Notwithstanding any provision of Part I of the Canada Labour Code,

    • (a) no application for certification as the bargaining agent for any employees of the Corporation represented by a bargaining agent deemed to have been certified under subsection (1) may be made by a trade union, and

    • (b) no bargaining unit or part of a bargaining unit consisting of employees of the Corporation represented by a bargaining agent deemed to have been certified under subsection (1) may be reviewed, rescinded, amended, altered or varied, otherwise than

      • (i) to include in the unit any employees who are not represented by a bargaining agent, or

      • (ii) to merge bargaining units that are represented by the same bargaining agent,

    before the beginning of the last three months of the first collective agreement entered into after the transfer date that applies to those employees and that has resulted from a notice to bargain collectively given by or to the Corporation after that date.

  • Marginal note:First collective agreement

    (3) For greater certainty, no collective agreement resulting from a notice to bargain collectively deemed under subsection 63(6) to have been given and no collective agreement or arbitral award referred to in subsection 63(9) is a first collective agreement within the meaning and for the purposes of subsection (2).

Severance Pay

Marginal note:Severance pay

 Notwithstanding section 67, a designated employee referred to in section 58 is entitled to severance pay in accordance with

  • (a) any collective agreement or arbitral award that is binding on the designated employee immediately before the transfer date, or

  • (b) any terms and conditions of employment applicable to the designated employee immediately before the transfer date,

on the day the designated employee ceases to be employed in the Public Service pursuant to this Act.

Marginal note:Recognition of service

 Notwithstanding section 67, when a designated employee is entitled to severance pay from the Corporation pursuant to a collective agreement, an arbitral award or terms and conditions of employment, the period for which the designated employee is entitled to severance pay is deemed not to include any period of employment for which the designated employee is entitled to severance pay under section 70.