Marginal note:Exception

• 11. (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.

Marginal note:Powers, duties and functions of Treasury Board

• 12. (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.