Public Sector Equitable Compensation Act (S.C. 2009, c. 2, s. 394)

Act current to 2016-01-25 and last amended on 2014-11-01. Previous Versions

The following provision is not in force.
Marginal note:Inconsistency or conflict

 Nothing in this Act affects the application of the Public Service Labour Relations Act, but in the event of any inconsistency or conflict between this Act and that Act, the provisions of this Act prevail to the extent of the inconsistency or conflict.

The following provision is not in force.
Marginal note:Application of safety or security provisions
  •  (1) Nothing in this Act is to be construed as requiring or permitting an employer, an employee, a bargaining agent or the Board to do or refrain from doing anything that is contrary to any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or of any state allied or associated with Canada.

  • Marginal note:Order is conclusive proof

    (2) For the purposes of subsection (1), an order made by the Governor in Council is conclusive proof of the matters stated in it in relation to the giving or making of any instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

Transitional Provisions

Complaints by Non-unionized Employees

The following provision is not in force.
Marginal note:Day determined under subsection 30(4)

 If a complaint is made under section 11 after the first period that the employer was bound to comply with section 6 or 7 in respect of the job group that includes the complainant and before the second period that the employer was bound to comply with either of those sections in respect of that job group, the day that is referred to in subsection 30(4) in respect of that complaint is, despite that subsection, the day on which this Act came into force.

Taking Effect of Provisions in Respect of Unionized Employees

The following provision is not in force.
Marginal note:Application of subsection 12(1)

 Subsection 12(1) applies only in respect of a collective agreement that expires on a day that is more than two years after the day on which this Act comes into force.

The following provision is not in force.
Marginal note:Application of subsection 12(2) and sections 13 to 22 and 24

 Subsection 12(2) and sections 13 to 22 and 24 apply only in respect of a collective agreement that takes effect, or would take effect, on a day that is more than two years after the day on which this Act comes into force.

First Collective Agreement After Taking Effect

The following provision is not in force.
Marginal note:Period referred to in paragraph 33(3)(a)
  •  (1) If a complaint filed under subsection 24(1) is in respect of the first collective agreement that takes effect on a day that is more than two years after the day on which this Act comes into force, the period referred to in paragraph 33(3)(a) is, despite that paragraph, the period that begins, subject to subsection (2), on one of the following days and that ends on the day on which the order is made:

    • (a) if the complainant was not a unionized employee on the day on which this Act came into force, the later of the day on which the complainant became a member of a bargaining unit to which the collective agreement applies and the day on which this Act came into force;

    • (b) if the complainant was, on the day on which this Act came into force, a member of a bargaining unit that was not a bargaining unit to which the collective agreement applies, the day on which the complainant became a member of a bargaining unit to which the collective agreement applies; or

    • (c) in the case of any other complainant, the day on which this Act came into force.

  • Marginal note:Exception

    (2) The day referred to in each of paragraphs (1)(a) to (c) may not be earlier than the day on which the job class to which the complaint relates came into existence.

 
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