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

Marginal note:Expiration date of collective agreements and arbitral awards

64 The expiration date of a collective agreement or arbitral award continued under section 62 is the date that would have been the expiration date of the collective agreement or arbitral award under the Public Sector Compensation Act had this Act not been enacted.

Marginal note:Work Force Adjustment Directive does not apply

65 Notwithstanding any indication to the contrary that may be contained in a collective agreement or arbitral award continued under section 62 or mentioned in section 63, the Work Force Adjustment Directive does not apply to employees of the Corporation.

Marginal note:National Joint Council agreements

• 66 (1) Where agreements of the National Joint Council of the Public Service are incorporated by reference in a collective agreement or arbitral award continued under section 62 or mentioned in section 63, the incorporation by reference applies only in respect of those agreements as they read immediately before the transfer date.

• Marginal note:Expiration date of agreements

  (2) Notwithstanding any indication to the contrary that may be contained in a collective agreement or arbitral award continued under section 62 or mentioned in section 63, the expiration date of any agreements of the National Joint Council of the Public Service that are incorporated by reference is the expiration date of the collective agreement or arbitral award.

Marginal note:Employment deemed to be continuous

• 67 (1) For the purposes of the Canada Labour Code and any collective agreement or arbitral award continued under section 62 or mentioned in section 63, the employment of a designated employee referred to in section 58 by Her Majesty in right of Canada as represented by the Treasury Board and the Corporation is deemed to be continuous.

• Marginal note:Vacation leave

  (2) For greater certainty and without restricting the generality of subsection (1), a designated employee referred to in section 58 is not entitled to claim payment from Her Majesty in right of Canada as represented by the Treasury Board in respect of earned but unused vacation leave on ceasing to be employed in the Public Service, notwithstanding

  • (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.

Marginal note:Her Majesty no longer responsible

68 Subject to any agreement entered into between Her Majesty in right of Canada and the Corporation before the transfer date, Her Majesty in right of Canada ceases on the transfer date to be responsible for any obligation of Her Majesty in right of Canada as represented by the Treasury Board arising out of or under any collective agreement or arbitral award continued under section 62 or mentioned in section 63 or any terms and conditions of employment applicable to a designated employee immediately before the transfer date.

Bargaining Agents

Marginal note:Bargaining agents

• 69 (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

70 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

71 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.

Marginal note:Deemed lay-off

72 Designated employees are deemed to be laid off from the Public Service on the day they cease to be employed in the Public Service pursuant to this Act for the sole purpose of entitlement to severance pay from Her Majesty in right of Canada as represented by the Treasury Board.

PART VServices to Humanitarian or Emergency Flights

Marginal note:Definitions

• 73 (1) The definitions in this subsection apply in this section and sections 74 to 84 and 90 to 92.

  collective agreement

  collective agreement means a collective agreement between the Corporation and a trade union, and includes a collective agreement or arbitral award continued under section 62 or mentioned in section 63. (convention collective)

  emergency flight support employee

  emergency flight support employee means an employee identified in accordance with the terms of an emergency support agreement. (employé affecté aux vols d’urgence)

  emergency support agreement

  emergency support agreement means an agreement between the Corporation and a trade union in respect of a bargaining unit represented by the trade union that

  • (a) identifies, in respect of the bargaining unit, the positions and the number of employees and their level of certification that are necessary to enable the Corporation to provide civil air navigation services in respect of humanitarian or emergency flights during a work stoppage;

  • (b) specifies the manner in which employees in the bargaining unit shall be identified as emergency flight support employees and how they are to be informed of that designation; and

  • (c) requires emergency flight support employees who are members of that bargaining unit to perform duties in support of the provision of civil air navigation services in respect of humanitarian or emergency flights during a work stoppage. (accord sur les services d’urgence)

  humanitarian or emergency flight

  humanitarian or emergency flight means

  • (a) an air ambulance flight;

  • (b) an aerial fire-fighting flight;

  • (c) a search and rescue flight;

  • (d) a flight in support of police or military activities;

  • (e) a flight to or from a location in Canada requiring designated northern or remote services;

  • (f) a flight incidental to any declared international, national, provincial or local emergency; or

  • (g) any other flight, or class of flights, declared by the Minister to be a humanitarian or emergency flight. (vols d’urgence ou à vocation humanitaire)

  trade union

  trade union means a bargaining agent for a bargaining unit of employees of the Corporation. (syndicat)

  work stoppage

  work stoppage means a strike or lockout. (arrêt de travail)

• Marginal note:Words and expressions

  (2) Unless a contrary intention appears, words and expressions in this Part have the same meaning as in the Canada Labour Code.

Marginal note:Obligation to provide services

74 In the event of a work stoppage the Corporation shall continue to provide civil air navigation services necessary for humanitarian or emergency flights.

Marginal note:Parties to enter into agreement

75 The Corporation and every trade union shall, in respect of each bargaining unit represented by the trade union, enter into an emergency support agreement and, immediately on its execution, the Corporation shall file a copy of the agreement with the Minister of Labour.

Marginal note:Selection of mediator-arbitrator by parties

• 76 (1) Where no emergency support agreement with respect to a bargaining unit is in force 90 days before the expiration of the collective agreement applicable to that unit, the Corporation and the trade union shall select a mediator-arbitrator within 15 days.

• Marginal note:Selection of mediator-arbitrator by Minister

  (2) Where the Corporation and a trade union are unable to agree to the selection of a mediator-arbitrator in the 15-day period, they shall so notify the Minister of Labour in writing, who shall, after such inquiry as that Minister considers necessary, appoint a mediator-arbitrator and inform them of the appointment.

Marginal note:Duties of mediator-arbitrator

• 77 (1) Within 60 days after the mediator-arbitrator’s selection or appointment, the mediator-arbitrator shall

  • (a) for the purpose of concluding an emergency support agreement between the Corporation and the trade union,

    • (i) endeavour to mediate the matters in dispute and to bring about an emergency support agreement, and

    • (ii) if unable to bring about an emergency support agreement, hear the Corporation and the trade union on the matters in dispute, arbitrate the matters and render a decision in the form of an emergency support agreement; and

  • (b) file a copy of any decision under subparagraph (a)(ii) with the Minister of Labour.

• Marginal note:Late decision not invalid

  (2) The failure of a mediator-arbitrator to make a decision within the 60-day period does not affect the jurisdiction of the mediator-arbitrator to continue with and complete the arbitration proceedings, and any decision made by the mediator-arbitrator after the expiration of those 60 days is not for that reason invalid.

Marginal note:Powers of mediator-arbitrator

78 A mediator-arbitrator has, with such modifications as the circumstances require,

• (a) for the purposes of the mediation referred to in subparagraph 77(1)(a)(i), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code; and

• (b) for the purposes of the arbitration referred to in subparagraph 77(1)(a)(ii), all the powers and duties of an arbitrator under sections 60 and 61 of that Act.

Marginal note:Fees and expenses of mediator-arbitrator

79 The fees and expenses of a mediator-arbitrator shall be paid equally by the Corporation and the trade union.

Marginal note:Deemed agreement

80 As of the day a mediator-arbitrator makes a decision under subparagraph 77(1)(a)(ii), the emergency support agreement that results from that decision is deemed to have been entered into by the Corporation and the trade union in respect of the bargaining unit to which the agreement applies, and that agreement is binding on the Corporation, on the trade union and on the employees in the bargaining unit.