Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)
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Assented to 2013-12-12
PART 3VARIOUS MEASURES
Division 18Reorganization of Federal Public Service Labour Relations and Employment Boards
Coordinating Amendments
Marginal note:Terminology — Public Service Employment Act
468. (1) In this section, “the Act” means the Public Service Employment Act.
(2) If section 414 of this Act comes into force before section 349 of this Act, then, on the day on which that section 349 comes into force, the Act is amended by replacing “Tribunal” with “Board” in the following provisions:
(a) subsections 65(1) and (5);
(b) sections 77 to 79;
(c) section 81; and
(d) paragraph 84(c).
(3) If section 414 comes into force on the same day as sections 349, 351, 353 and 355, then those sections 349, 351, 353 and 355 are deemed to have come into force before that section 414.
(4) On the first day on which both sections 414 and 350 of this Act are in force, the Act is amended by replacing “Tribunal” with “Board” in section 76.1.
(5) If section 414 of this Act comes into force before section 352 of this Act, then, on the day on which that section 352 comes into force, the English version of the Act is amended by replacing “Tribunal” with “Board” in section 80.
(6) If section 414 comes into force on the same day as section 352, then that section 352 is deemed to have come into force before that section 414.
Marginal note:2009, c. 2
469. (1) In this section, “other Act” means the Budget Implementation Act, 2009.
(2) If section 367 of this Act comes into force before section 400 of the other Act, then
(a) that section 400 is repealed; and
(b) on the day on which the Public Sector Equitable Compensation Act comes into force, sections 13 and 14 of the Public Service Labour Relations Act are replaced by the following:
Marginal note:Adjudication services
13. The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part, the referral of grievances to adjudication in accordance with Part 2 and the hearing of matters brought before the Board under Part 3. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act.
Marginal note:Mediation services
14. The Board is to provide mediation services that consist of
(a) assisting parties in the negotiation of collective agreements and their renewal;
(b) assisting parties in the management of the relations resulting from the implementation of collective agreements;
(c) mediating in relation to grievances; and
(d) assisting the Chairperson in discharging his or her responsibilities under this Act.
The Board is also to provide mediation services in accordance with the Public Sector Equitable Compensation Act.
(3) If section 400 of the other Act comes into force before section 367 of this Act, then, on the day on which that section 367 comes into force, sections 13 and 14 of the Public Service Labour Relations Act are replaced by the following:
Marginal note:Adjudication services
13. The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part, the referral of grievances to adjudication in accordance with Part 2 and the hearing of matters brought before the Board under Part 3. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act.
Marginal note:Mediation services
14. The Board is to provide mediation services that consist of
(a) assisting parties in the negotiation of collective agreements and their renewal;
(b) assisting parties in the management of the relations resulting from the implementation of collective agreements;
(c) mediating in relation to grievances; and
(d) assisting the Chairperson in discharging his or her responsibilities under this Act.
The Board is also to provide mediation services in accordance with the Public Sector Equitable Compensation Act.
(4) If section 400 of the other Act comes into force on the same day as section 367 of this Act, then that section 400 is deemed to have come into force before that section 367 and subsection (3) applies as a consequence.
(5) If section 404 of the other Act comes into force before section 376 of this Act, then, on the day on which that section 376 comes into force, paragraph 226(2)(a) of the Public Service Labour Relations Act is replaced by the following:
(a) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act that are related to the right to equal pay for work of equal value and the Public Sector Equitable Compensation Act, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any;
(6) If section 376 of this Act comes into force before section 422 of the other Act, then that section 422 is replaced by the following:
422. Paragraph 226(2)(a) of the Act is replaced by the following:
(a) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act that are related to the right to equal pay for work of equal value and the Public Sector Equitable Compensation Act, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any;
(7) If section 404 of the other Act comes into force on the same day as section 376 of this Act, then that section 404 is deemed to have come into force before that section 376 and subsection (5) applies as a consequence.
(8) If section 405 of the other Act comes into force before section 390 of this Act, then, on the day on which that section 390 comes into force, subsection 42(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of this Act, is replaced by the following:
Marginal note:Obligation to prepare report
42. (1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act. The report must include a summary of the reports that the Board has received under the Public Sector Equitable Compensation Act during that year.
(9) If section 390 of this Act comes into force before section 405 of the other Act, then,
(a) that section 405 is repealed; and
(b) on the day on which the Public Sector Equitable Compensation Act comes into force, subsection 42(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of this Act, is replaced by the following:
Marginal note:Obligation to prepare report
42. (1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act. The report must include a summary of the reports that the Board has received under the Public Sector Equitable Compensation Act during that year.
(10) If section 405 of the other Act comes into force on the same day as section 390 of this Act, then that section 405 is deemed to have come into force before that section 390 and subsection (8) applies as a consequence.
Coming into Force
Marginal note:Order in council
470. Sections 365 to 466, and the provisions of any Act as they are enacted by this Division, come into force on a day or days to be fixed by order of the Governor in Council.
Division 19R.S., c. S-26Supreme Court Act
471. The Supreme Court Act is amended by adding the following after section 5:
Marginal note:For greater certainty
5.1 For greater certainty, for the purpose of section 5, a person may be appointed a judge if, at any time, they were a barrister or advocate of at least 10 years standing at the bar of a province.
472. The Act is amended by adding the following after section 6:
Marginal note:For greater certainty
6.1 For greater certainty, for the purpose of section 6, a judge is from among the advocates of the Province of Quebec if, at any time, they were an advocate of at least 10 years standing at the bar of that Province.
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