Government Services Act, 1999

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Sections115

• 1Short title

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

• 2Definitions
• 2(1)

  The definitions in this subsection apply in this Part.

• 2(1)[p3]

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

• 2(1)[p4]

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

• 2(1)[p5]

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

• 2(1)[p6]

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

• 2(1)[p7]

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

• 2(1)[p8]

  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)

• 2(2)Words and expressions

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

• 3Resumption or continuation of government services

  On the coming into force of this Part,

• 3(a)

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

• 3(b)

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

• 4Obligations of bargaining agent

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

• 4(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,

• 4(a)(i)

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

• 4(a)(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;

• 4(b)

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

• 4(c)

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

• 5Obligations of employer

  No officer or representative of the employer shall

• 5(a)

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

• 5(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.

• 6Resumption of expired agreements

  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

• 6(a)

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

• 6(b)

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

• 7Authority 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

• 7(1)(a)

  the terms and conditions of employment applicable to the employees; and

• 7(1)(b)

  the period during which those terms and conditions of employment are applicable.

• 7(2)Coming into effect of provisions

  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).

• 7(3)New single collective agreement

  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.

• 7(4)Public Service Staff Relations Act applies

  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.

• 7(5)Statutory Instruments Act does not apply

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

• 7(6)Spent provisions

  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.

• 8Strikes prohibited

  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,

• 8(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

• 8(b)

  no employee bound by the collective agreement shall participate in a strike against the employer.

• 9Amendments

  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.

• 10Individuals
• 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

• 10(1)(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

• 10(1)(b)

  of not more than $1,000, in any other case.

• 10(2)Bargaining agent

  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.

• 11No imprisonment

  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.

• 12Recovery 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.

• 12(2)Deductions

  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.

• 12(3)Deemed deposit in C.R.F.

  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.

• 13Presumption

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

• 14Coming into force

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

• 15Definitions
• 15(1)

  The definitions in this subsection apply in this Part.

• 15(1)[p52]

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

• 15(1)[p53]

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

• 15(1)[p54]

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

• 15(1)[p55]

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

• 15(1)[p56]

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

• 15(1)[p57]

  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)

• 15(2)Words and expressions

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

• 16Resumption or continuation of government services

  On the coming into force of this Part,

• 16(a)

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

• 16(b)

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

• 17Obligations of bargaining agent

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

• 17(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,

• 17(a)(i)

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

• 17(a)(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;

• 17(b)

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

• 17(c)

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

• 18Obligations of employer

  No officer or representative of the employer shall

• 18(a)

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

• 18(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.

• 19Resumption of expired agreements

  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

• 19(a)

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

• 19(b)

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

• 20Authority 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

• 20(1)(a)

  the terms and conditions of employment applicable to the employees; and

• 20(1)(b)

  the period during which those terms and conditions of employment are applicable.

• 20(2)Coming into effect of provisions

  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).

• 20(3)New collective agreements

  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.

• 20(4)Public Service Staff Relations Act applies

  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.

• 20(5)Statutory Instruments Act does not apply

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

• 20(6)Spent provisions

  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.

• 21Strikes prohibited

  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,

• 21(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

• 21(b)

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

• 22Amendments

  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.

• 23Individuals
• 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

• 23(1)(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

• 23(1)(b)

  of not more than $1,000, in any other case.

• 23(2)Bargaining agent

  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.

• 24No imprisonment

  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.

• 25Recovery 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.

• 25(2)Deductions

  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.

• 25(3)Deemed deposit in C.R.F.

  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.

• 26Presumption

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

• *27Coming into force

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

• 1 #99

  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 #100

  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 #101

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

• 4 #102

  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 #103

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

• 6 #104

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

• 7 #105

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

• 8 #106

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

• 9 #107

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

• 10 #108

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

• 11 #109

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

• 12 #110

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

• 13 #111

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

• 14 #112

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

• 1 #113

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

• 2 #114

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