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

Act current to 2020-07-28 and last amended on 2017-12-12. Previous Versions

PART IVHuman Resources and Labour Relations (continued)

Collective Agreements and Arbitral Awards (continued)

Marginal note:Expiration date of collective agreements and arbitral awards

 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

 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

  •  (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

  •  (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

 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

  •  (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

 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

 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

 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

  •  (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.

 
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