Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
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Assented to 2017-06-22
PART 4Various Measures (continued)
DIVISION 17Labour and Employment Laws (continued)
Transitional Provisions (continued)
Marginal note:Persons who occupy a position
393 (1) All of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of the Minister of Labour under sections 14 to 20 of the Wage Earner Protection Program Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.
Marginal note:No change in status
(2) Nothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.
Marginal note:Transfer of money
(3) Any money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under sections 14 to 20 of the Wage Earner Protection Program Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.
Consequential Amendments
R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act
394 Paragraph 88(b) of the Parliamentary Employment and Staff Relations Act is repealed.
R.S., c. 24 (3rd Supp.), Part III; 2012, c. 31, par. 282(a)Hazardous Materials Information Review Act
395 Paragraph 46(2)(c) of the Hazardous Materials Information Review Act is replaced by the following:
(c) any official of the Department of Employment and Social Development, the Canada Industrial Relations Board in the exercise of its powers or the performance of its duties or functions under Part II of the Canada Labour Code, other than the powers, duties and functions set out in sections 133 and 134 of that Act, or any person to whom powers, duties or functions have been delegated by the Minister of Labour under subsection 140(1) of that Act, or under an agreement entered into under subsection 140(2) of that Act, for the purposes of the administration or enforcement of Part II of that Act;
2003, c. 22, s. 2Public Service Labour Relations Act
396 (1) Subparagraph 240(a)(ii) of the Public Service Labour Relations Act is replaced by the following:
(ii) for the purposes of sections 133 and 134 of the Canada Labour Code, Board is to be read as a reference to the Public Service Labour Relations and Employment Board,
(2) Paragraph 240(b) of the Act is repealed.
2005, c. 46Public Servants Disclosure Protection Act
397 Paragraph 51(b) of the Public Servants Disclosure Protection Act is replaced by the following:
(b) the Canada Industrial Relations Board from considering a complaint under section 242 of the Canada Labour Code.
Coordinating Amendments
Marginal note:This Act
398 (1) If subsection 320(1) comes into force on the same day as subsection 320(2), then subsections 320(1), 322(1), 325(2), 329(2), 363(8) and 364(2) are deemed to have come into force before subsections 320(2), 322(2), 325(3), 329(3), 363(9) and 364(3).
(2) If subsection 356(1) comes into force on the same day as subsection 356(2), then subsection 356(1) is deemed to have come into force before subsection 356(2).
(3) If subsection 363(1) comes into force on the same day as subsection 363(2), then subsections 363(1) and (4) are deemed to have come into force before subsections 363(2), (5) and (6).
(4) If subsection 363(7) comes into force on the same day as subsection 363(8), then subsections 363(7) and 364(1) are deemed to have come into force before subsections 363(8) and 364(2).
(5) If section 369 comes into force on the same day as section 370, then section 369 is deemed to have come into force before section 370.
(6) If section 371 comes into force on the same day as section 372, then section 371 is deemed to have come into force before section 372.
(7) If section 372 comes into force on the same day as section 373, then section 372 is deemed to have come into force before section 373.
Marginal note:2010, c. 12
399 (1) In this section, other Act means the Jobs and Economic Growth Act.
(2) If subsection 338(1) of this Act comes into force before any of sections 2172 to 2177 of the other Act, then any of those sections 2172 to 2177 that is not in force on the day that subsection 338(1) comes into force is repealed.
(3) If subsection 338(1) of this Act comes into force on the same day as any of sections 2172 to 2177 of the other Act, then any of those sections that comes into force on that same day is deemed never to have come into force and is repealed.
Marginal note:2015, c. 36
400 On the first day on which section 375 of this Act and subsection 91(1) of the Economic Action Plan 2015 Act, No. 1 are in force, paragraph 256(1)(a) of the Canada Labour Code is replaced by the following:
(a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1), 251.001(9) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1);
Marginal note:Bill S-201
401 If Bill S-201, introduced in the 1st session of the 42nd Parliament and entitled the Genetic Non-Discrimination Act, receives royal assent, then, on the first day on which both section 8 of that Act and section 354 of this Act are in force,
(a) Section 247.99 of the Canada Labour Code is amended by adding the following after subsection (6):
Marginal note:Powers of adjudicator
(6.1) An adjudicator to whom a complaint has been referred under subsection (6)
(a) shall consider the complaint within such time as the Governor in Council may by regulation prescribe;
(b) shall determine the procedure to be followed, but shall give full opportunity to the parties to the complaint to present evidence and make submissions to the adjudicator and shall consider the information relating to the complaint; and
(c) has, in relation to any complaint before the adjudicator, the powers conferred on the Board, in relation to any proceeding before the Board, under paragraphs 16(a), (b) and (c).
(b) Subsection 247.99(9) of the Act is replaced by the following:
Marginal note:Decisions not to be reviewed by court
(9) Every order of an adjudicator appointed under subsection (6) is final and shall not be questioned or reviewed in any court.
Marginal note:No review by certiorari, etc.
(10) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an adjudicator in any proceedings of the adjudicator under this section.
Marginal note:Enforcement of orders
(11) Any person affected by an order of an adjudicator under subsection (8), or the Minister on the request of any such person, may, after fourteen days from the date on which the order is made, or from the date provided in it for compliance, whichever is the later date, file in the Federal Court a copy of the order, exclusive of the reasons for it.
Marginal note:Registration
(12) On filing in the Federal Court under subsection (11), an order of an adjudicator shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if the order were a judgment obtained in that Court.
Marginal note:Civil remedy
(13) No civil remedy of an employee against his employer is suspended or affected by the making of a complaint under this section.
Coming into Force
Marginal note:Order in council
402 (1) Subsections 318(1), 320(1) and 322(1), section 323, subsections 324(2) and 325(1) and (2), sections 326 to 328, subsections 329(1) and (2), sections 330 to 337, subsection 338(1), sections 339 to 349 and 351 to 355, subsections 356(2) and (3), 363(8) and 364(2), section 365, subsection 368(1) and sections 370, 378 to 383, 387 and 391 to 397 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the days fixed in accordance with subsections (2) and (6).
Marginal note:Order in council
(2) Subsection 318(2), section 319, subsections 338(2) and 356(1) and section 384 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(3) Subsections 320(2), 322(2), 325(3) and 329(3), section 360, subsections 363(2), (5), (6) and (9) and 364(3) and sections 373, 377, 386 and 390 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (1).
Marginal note:Order in council
(4) Sections 350 and 376 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(5) Sections 357 and 359, subsections 361(1), (3) and (4), section 362, subsections 363(1), (4) and (7) and 364(1) and sections 371, 374 and 385 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(6) Section 358, subsection 361(2) and sections 369, 372 and 375 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (5).
Marginal note:Order in council
(7) Subsections 363(3) and 364(4), sections 366 and 367, subsection 368(2) and sections 388 and 389 come into force on a day to be fixed by order of the Governor in Council.
- Date modified: