Law:Government Services Act, 1999

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S.c. 1999, c. 13

Assented to 1999-03-25

An Act to provide for the resumption and continuation of government services

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

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


Part 1. Operational Groups

Interpretation

Definitions

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

“bargaining agent”

« agent négociateur »

“bargaining agent” means the Public Service Alliance of Canada.

“employee”

« fonctionnaire »

“employee” means a person employed in the Public Service who is bound by a group specific agreement.

“employer”

« employeur »

“employer” means Her Majesty in right of Canada as represented by the Treasury Board.

“government services”

« services gouvernementaux »

“government services” means the services provided by that part of the Public Service in which the employees are employed.

“group specific agreement”

« convention particulière »

“group specific agreement” means any agreement specified in Schedule 1.

“master agreement”

« convention cadre »

“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.

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

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

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).

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

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).

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.

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).

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.

Presumption

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


Coming into Force

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 2. Correctional Groups

Interpretation

Definitions

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

“bargaining agent”

« agent négociateur »

“bargaining agent” means the Public Service Alliance of Canada.

“employee”

« fonctionnaire »

“employee” means a person employed in the Public Service who is bound by a group specific agreement.

“employer”

« employeur »

“employer” means Her Majesty in right of Canada as represented by the Treasury Board.

“government services”

« services gouvernementaux »

“government services” means the services provided by that part of the Public Service in which the employees are employed.

“group specific agreement”

« convention particulière »

“group specific agreement” means any agreement specified in Schedule 2.

“master agreement”

« convention cadre »

“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.

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

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

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).

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

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).

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.

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).

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.

Presumption

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


Coming into Force

Coming into force

Schedule 1

(Subsection 2(1) and section 14)

1. Group specific agreement for the Heating, Power and Stationary Plant Operation (non-supervisory) Group between the employer and the bargaining agent that expired April 6, 1997

2. Group specific agreement for the Heating, Power and Stationary Plant Operation (supervisory) Group between the employer and the bargaining agent that expired April 6, 1997

3. Group specific agreement for the General Labour and Trades (supervisory) Group between the employer and the bargaining agent that expired May 4, 1997

4. Group specific agreement for the General Labour and Trades (non-supervisory) Group between the employer and the bargaining agent that expired May 4, 1997

5. Group specific agreement for the Lightkeepers (supervisory) Group between the employer and the bargaining agent that expired June 19, 1997

6. Group specific agreement for the Lightkeepers (non-supervisory) Group between the employer and the bargaining agent that expired June 19, 1997

7. Agreement for the Hospital Services (supervisory) Group between the employer and the bargaining agent that expired June 21, 1997

8. Agreement for the Hospital Services (non-supervisory) Group between the employer and the bargaining agent that expired June 21, 1997

9. Group specific agreement for the Firefighters (supervisory) Group between the employer and the bargaining agent that expired June 30, 1997

10. Group specific agreement for the Firefighters (non-supervisory) Group between the employer and the bargaining agent that expired June 30, 1997

11. Group specific agreement for the General Services (supervisory) Group between the employer and the bargaining agent that expired August 4, 1997

12. Group specific agreement for the General Services (non-supervisory) Group between the employer and the bargaining agent that expired August 4, 1997

13. Agreement for the Ships’ Crews (supervisory) Group between the employer and the bargaining agent that expired December 31, 1997

14. Agreement for the Ships’ Crews (non-supervisory) Group between the employer and the bargaining agent that expired December 31, 1997

Schedule 2

(Subsections 15(1) and 20(3) and section 27)

1. Group specific agreement for the Correctional (supervisory) Group between the employer and the bargaining agent that expired May 31, 1997

2. Group specific agreement for the Correctional (non-supervisory) Group between the employer and the bargaining agent that expired May 31, 1997


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