Government Services Act, 1999 (S.C. 1999, c. 13)

Short Title

Marginal note:Short title

1 This Act may be cited as the Government Services Act, 1999.

PART 1Operational Groups

Interpretation

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Part.

  bargaining agent

  bargaining agent means the Public Service Alliance of Canada. (agent négociateur)

  employee

  employee means a person employed in the Public Service who is bound by a group specific agreement. (fonctionnaire)

  employer

  employer means Her Majesty in right of Canada as represented by the Treasury Board. (employeur)

  government services

  government services means the services provided by that part of the Public Service in which the employees are employed. (services gouvernementaux)

  group specific agreement

  group specific agreement means any agreement specified in Schedule 1. (convention particulière)

  master agreement

  master agreement means the collective agreement between the employer and the bargaining agent signed on May 17, 1989, as amended and extended after that date. (convention cadre)

• Marginal note:Words and expressions

  (2) Unless otherwise provided, words and expressions used in this Part have the same meaning as in the Public Service Staff Relations Act.

Government Services

Marginal note:Resumption or continuation of government services

3 On the coming into force of this Part,

• (a) the employer shall resume without delay, or continue, as the case may be, government services; and

• (b) every employee shall, when so required, resume without delay, or continue, as the case may be, the duties of that employee’s employment.

Obligations

Marginal note:Obligations of bargaining agent

4 The bargaining agent and each officer and representative of the bargaining agent shall

• (a) without delay on the coming into force of this Part, give notice to the employees that, by reason of the coming into force of this Part,

  • (i) any declaration, authorization or direction to go on strike given to them before the coming into force of this Part is invalid, and

  • (ii) government services are to be resumed or continued, as the case may be, and that the employees, when so required, are to resume without delay, or continue, as the case may be, the duties of their employment;

• (b) take all reasonable steps to ensure that employees comply with paragraph 3(b); and

• (c) refrain from any conduct that may encourage employees not to comply with paragraph 3(b).

Marginal note:Obligations of employer

5 No officer or representative of the employer shall

• (a) in any manner impede any employee from complying with paragraph 3(b); or

• (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason only of that employee’s having been lawfully on strike before the coming into force of this Part.

Collective Agreements

Marginal note:Resumption of expired agreements

6 The master agreement and each group specific agreement is deemed to have had effect from the date it expired to the coming into force of this Part and shall continue to have effect in respect of the employer, the bargaining agent and the employees until the earlier of

• (a) the day they become bound by a single collective agreement concluded by the employer and the bargaining agent, and

• (b) the day they become bound by the collective agreement referred to in subsection 7(3).

Marginal note:Authority to prescribe terms and conditions

• 7 (1) The Governor in Council may, on the recommendation of the Treasury Board, and taking into account collective agreements entered into by the employer in respect of bargaining units in the Public Service since the Public Sector Compensation Act ceased to apply to compensation plans applicable to them, prescribe

  • (a) the terms and conditions of employment applicable to the employees; and

  • (b) the period during which those terms and conditions of employment are applicable.

• Marginal note:Coming into effect of provisions

  (2) The Governor in Council may provide that any of the terms and conditions of employment is effective and binding on a day before or after the beginning of the period prescribed under paragraph (1)(b).

• Marginal note:New single collective agreement

  (3) The terms and conditions prescribed under paragraph (1)(a) constitute a single collective agreement binding on the bargaining units composed of the employees referred to in that paragraph.

• Marginal note:Public Service Staff Relations Act applies

  (4) The Public Service Staff Relations Act applies to the collective agreement referred to in subsection (3) and that collective agreement is effective and binding on the employer, the bargaining agent and the employees for the duration of the period it is applicable, despite any provision of that Act.

• Marginal note:Statutory Instruments Act does not apply

  (5) For greater certainty, the Statutory Instruments Act does not apply in respect of anything done under this section.

• Marginal note:Spent provisions

  (6) If the employer, the bargaining agent and the employees become bound by a single collective agreement concluded by the employer and the bargaining agent before terms and conditions of employment applicable to the employees are prescribed under subsection (1), subsections (1) to (5) and section 9 are deemed to be spent.

Marginal note:Strikes prohibited

8 During the period beginning on the coming into force of this Part and ending on the expiration of the period during which the collective agreement referred to in paragraph 6(a) or the collective agreement referred to in subsection 7(3), whichever is applicable, has effect,

• (a) no officer or representative of the bargaining agent shall declare, authorize or direct a strike by any employee bound by the collective agreement; and

• (b) no employee bound by the collective agreement shall participate in a strike against the employer.

Amendment of Collective Agreement

Marginal note:Amendments

9 Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to agree to amend any provision of the collective agreement referred to in subsection 7(3) and to give effect to the amendment.

Enforcement

Marginal note:Individuals

• 10 (1) An individual who contravenes any provision of this Part is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine

  • (a) of not more than $50,000, if the individual was acting in the capacity of an officer or representative of the employer or of the bargaining agent when the offence was committed; or

  • (b) of not more than $1,000, in any other case.

• Marginal note:Bargaining agent

  (2) If the bargaining agent contravenes any provision of this Part, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000.

Marginal note:No imprisonment

11 Despite subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under section 10.

Marginal note:Recovery of fines

• 12 (1) A fine imposed under this Part constitutes a debt payable to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction or by any manner provided for in any Act of Parliament.

• Marginal note:Deductions

  (2) A fine imposed under this Part on a bargaining agent or one of its officers or representatives may also be recovered by Her Majesty by deducting the amount of the fine or any portion of the fine from the amount of the membership dues that the employer is or may be required, under any collective agreement between the employer and the bargaining agent, to deduct from the pay of persons employed in the Public Service who are bound by the collective agreement and to remit to the bargaining agent.

• Marginal note:Deemed deposit in C.R.F.

  (3) An amount equal to every amount deducted under subsection (2) is deemed to be deposited to the credit of the Receiver General in the Consolidated Revenue Fund.

Marginal note:Presumption

13 For the purposes of this Part, the bargaining agent is deemed to be a person.

Coming into Force

Marginal note:Coming into force

14 This Part and Schedule 1 come into force on the expiration of the twelfth hour after the time this Act is assented to.

PART 2Correctional Groups

Interpretation

Marginal note:Definitions

• 15 (1) The definitions in this subsection apply in this Part.

  bargaining agent

  bargaining agent means the Public Service Alliance of Canada. (agent négociateur)

  employee

  employee means a person employed in the Public Service who is bound by a group specific agreement. (fonctionnaire)

  employer

  employer means Her Majesty in right of Canada as represented by the Treasury Board. (employeur)

  government services

  government services means the services provided by that part of the Public Service in which the employees are employed. (services gouvernementaux)

  group specific agreement

  group specific agreement means any agreement specified in Schedule 2. (convention particulière)

  master agreement

  master agreement means the collective agreement between the employer and the bargaining agent signed on May 17, 1989, as amended and extended after that date. (convention cadre)

• Marginal note:Words and expressions

  (2) Unless otherwise provided, words and expressions used in this Part have the same meaning as in the Public Service Staff Relations Act.

Government Services

Marginal note:Resumption or continuation of government services

16 On the coming into force of this Part,

• (a) the employer shall resume without delay, or continue, as the case may be, government services; and

• (b) every employee shall, when so required, resume without delay, or continue, as the case may be, the duties of that employee’s employment.

Obligations

Marginal note:Obligations of bargaining agent

17 The bargaining agent and each officer and representative of the bargaining agent shall

• (a) without delay on the coming into force of this Part, give notice to the employees that, by reason of the coming into force of this Part,

  • (i) any declaration, authorization or direction to go on strike given to them before the coming into force of this Part is invalid, and

  • (ii) government services are to be resumed or continued, as the case may be, and that the employees, when so required, are to resume without delay, or continue, as the case may be, the duties of their employment;

• (b) take all reasonable steps to ensure that employees comply with paragraph 16(b); and

• (c) refrain from any conduct that may encourage employees not to comply with paragraph 16(b).

Marginal note:Obligations of employer

18 No officer or representative of the employer shall

• (a) in any manner impede any employee from complying with paragraph 16(b); or

• (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason only of that employee’s having been lawfully on strike before the coming into force of this Part.

Collective Agreements

Marginal note:Resumption of expired agreements

19 The master agreement and each group specific agreement is deemed to have had effect from the date it expired to the coming into force of this Part and shall continue to have effect in respect of the employer, the bargaining agent and the employees until the earlier of

• (a) the day they become bound by a collective agreement concluded by the employer and the bargaining agent, and

• (b) the day they become bound by a collective agreement referred to in subsection 20(3).

Marginal note:Authority to prescribe terms and conditions

• 20 (1) The Governor in Council may, on the recommendation of the Treasury Board, and taking into account collective agreements entered into by the employer in respect of bargaining units in the Public Service since the Public Sector Compensation Act ceased to apply to compensation plans applicable to them, prescribe

  • (a) the terms and conditions of employment applicable to the employees; and

  • (b) the period during which those terms and conditions of employment are applicable.

• Marginal note:Coming into effect of provisions

  (2) The Governor in Council may provide that any of the terms and conditions of employment is effective and binding on a day before or after the beginning of the period prescribed under paragraph (1)(b).

• Marginal note:New collective agreements

  (3) The terms and conditions prescribed under paragraph (1)(a) constitute a new collective agreement in respect of each group of employees bound by an agreement referred to in Schedule 2.

• Marginal note:Public Service Staff Relations Act applies

  (4) The Public Service Staff Relations Act applies to the collective agreements referred to in subsection (3) and those collective agreements are effective and binding on the employer, the bargaining agent and the employees for the duration of the period they are applicable, despite any provision of that Act.

• Marginal note:Statutory Instruments Act does not apply

  (5) For greater certainty, the Statutory Instruments Act does not apply in respect of anything done under this section.

• Marginal note:Spent provisions

  (6) If the employer, the bargaining agent and employees become bound by a collective agreement concluded by the employer and the bargaining agent before terms and conditions of employment applicable to those employees are prescribed under subsection (1), subsections (1) to (5) and section 22 are deemed to be spent in respect of those employees.

Marginal note:Strikes prohibited

21 During the period beginning on the coming into force of this Part and ending on the expiration of the period during which a collective agreement referred to in paragraph 19(a) or a collective agreement referred to in subsection 20(3), whichever is applicable, has effect,

• (a) no officer or representative of the bargaining agent shall declare, authorize or direct a strike by any employee bound by that collective agreement; and

• (b) no employee bound by that collective agreement shall participate in a strike against the employer.

Amendment of Collective Agreements

Marginal note:Amendments

22 Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to agree to amend any provision of a collective agreement referred to in subsection 20(3) and to give effect to the amendment.

Enforcement

Marginal note:Individuals

• 23 (1) An individual who contravenes any provision of this Part is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine

  • (a) of not more than $50,000, if the individual was acting in the capacity of an officer or representative of the employer or of the bargaining agent when the offence was committed; or

  • (b) of not more than $1,000, in any other case.

• Marginal note:Bargaining agent

  (2) If the bargaining agent contravenes any provision of this Part, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000.

Marginal note:No imprisonment

24 Despite subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under section 23.

Marginal note:Recovery of fines

• 25 (1) A fine imposed under this Part constitutes a debt payable to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction or by any manner provided for in any Act of Parliament.

• Marginal note:Deductions

  (2) A fine imposed under this Part on a bargaining agent or one of its officers or representatives may also be recovered by Her Majesty by deducting the amount of the fine or any portion of the fine from the amount of the membership dues that the employer is or may be required, under any collective agreement between the employer and the bargaining agent, to deduct from the pay of persons employed in the Public Service who are bound by the collective agreement and to remit to the bargaining agent.

• Marginal note:Deemed deposit in C.R.F.

  (3) An amount equal to every amount deducted under subsection (2) is deemed to be deposited to the credit of the Receiver General in the Consolidated Revenue Fund.

Marginal note:Presumption

26 For the purposes of this Part, the bargaining agent is deemed to be a person.

Coming into Force

Marginal note:Coming into force

Footnote ^*27 This Part and Schedule 2 come into force on a day, or on a day and at an hour, to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Part 2 and Schedule 2 in force March 29, 1999, at 11:30 p.m., see SI/99-35.]