Economic Action Plan 2013 Act, No. 1 (S.C. 2013, c. 33)

Orders — Terms and Conditions of Employment

Marginal note:Order — unionized employees

• 89.8 (1) The Governor in Council may, by order, direct a Crown corporation to have its negotiating mandate approved by the Treasury Board for the purpose of the Crown corporation entering into a collective agreement with a bargaining agent for a bargaining unit.

• Marginal note:Power of Treasury Board

  (2) If the Governor in Council directs a Crown corporation to have its negotiating mandate approved, the Treasury Board may impose any requirement on the Crown corporation with respect to that negotiating mandate.

• Marginal note:Attendance and observation

  (3) If the Governor in Council directs a Crown corporation to have its negotiating mandate approved, the Treasury Board may require that an employee under the jurisdiction of the Secretary of the Treasury Board attend and observe the collective bargaining between the Crown corporation and the bargaining agent, in which case that employee is entitled to do so.

• Marginal note:Collective agreement

  (4) A Crown corporation that is subject to an order made under subsection (1) may enter into a collective agreement referred to in the order only with the Treasury Board’s approval.

Marginal note:Order — non-unionized employees

• 89.9 (1) The Governor in Council may, by order, direct a Crown corporation to obtain the Treasury Board’s approval before the Crown corporation fixes the terms and conditions of employment of its non-unionized employees who are not appointed by the Governor in Council.

• Marginal note:Power of Treasury Board

  (2) If the Governor in Council directs a Crown corporation to obtain the Treasury Board’s approval, the Treasury Board may impose any requirement on the Crown corporation with respect to the terms and conditions of employment of those employees.

Marginal note:Directors’ duty to comply

• 89.91 (1) The directors of a Crown corporation that is subject to an order made under subsection 89.8(1) or 89.9(1) shall ensure that subsection 89.8(4), the order and any requirement imposed under subsection 89.8(2) or 89.9(2) are complied with and, if in so doing they act in accordance with section 115, they are not accountable for any consequences arising from that compliance.

• Marginal note:Best interests

  (2) Compliance by a Crown corporation with subsection 89.8(4), the order or the requirement is deemed to be in the best interests of the corporation.

Marginal note:Treasury Board not employer

89.92 For greater certainty, including for the purposes of the Canada Labour Code, the Treasury Board is neither the employer of the employees of the Crown corporation that is subject to an order made under subsection 89.8(1) or 89.9(1) nor an employer representative of the Crown corporation or a person acting on the Crown corporation’s behalf.

• Marginal note:Financial Administration Act

  (3) Part X of the Financial Administration Act, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 131 to 148 and 154.01, does not apply to the Foundation.

• Marginal note:Financial Administration Act

  (6) Part X of the Financial Administration Act, except for sections 89.8 to 89.92, 113.1, 132 to 147 and 154.01, does not apply to the Board. For the purposes of those sections, any reference to section 131 of that Act shall be read as a reference to section 35 of this Act.

Marginal note:Maximum payment

• 161. (1) There may be paid out of the Consolidated Revenue Fund for each fiscal year beginning on or after April 1, 2014, on the requisition of the Minister set out in Schedule I.1 to the Financial Administration Act with respect to the Office of Infrastructure of Canada or of the Minister of Indian Affairs and Northern Development, in accordance with terms and conditions approved by the Treasury Board, a sum of not more than the amount determined in accordance with subsection (2) to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.

• Marginal note:Calculation of sum

  (2) For the fiscal year beginning on April 1, 2014, the sum that may be paid under subsection (1) is $2,000,000,000. For each subsequent fiscal year, the sum may be $100,000,000 more than the sum that may be paid for the previous fiscal year, if the amount determined in accordance with the formula set out in subsection (3) exceeds by $100,000,000 or more the sum that may be paid for the previous fiscal year.

• Marginal note:Formula

  (3) For the purposes of subsection (2), the formula is as follows:

  A x 1.02^B

  where

  A

  is $2,000,000,000; and

  B

  is the number obtained by subtracting 2013 from the number of the year in which the fiscal year in question begins.