Public Service Modernization Act (S.C. 2003, c. 22)

Marginal note:Legal officers

• 49. (1) For the purposes of the new Act, including any application under section 58 of the new Act, an employee who, on or after the day on which the definition “managerial or confidential position” in subsection 2(1) of that Act comes into force, is employed as a legal officer in the Department of Justice or the Canada Customs and Revenue Agency is deemed not to be included in any unit determined, in accordance with the former Act, to constitute a unit of employees appropriate for collective bargaining.

• Marginal note:New application required

  (2) For greater certainty, any employee organization that wishes to represent employees in a bargaining unit that includes one or more employees referred to in subsection (1) must proceed by way of an application under section 54 of the new Act.

Marginal note:Certain positions continued

50. Every position that was a position referred to in any of paragraphs (a), (b), (e), (f) and (g) of the definition “managerial or confidential position” in subsection 2(1) of the former Act immediately before the day on which the definition “managerial or confidential position” in subsection 2(1) of the new Act comes into force is deemed, as of that day, to be a managerial or confidential position within the meaning of subsection 2(1) of the new Act.

Marginal note:Process for resolution of disputes

51. The process for resolution of a dispute specified by a bargaining agent for a bargaining unit and recorded by the former Board continues to be the process applicable to that bargaining unit until it is changed in accordance with the new Act.

Marginal note:Collective agreements

52. Every collective agreement entered into under the former Act that is in force immediately before the day on which the definition “collective agreement” in subsection 2(1) of the new Act comes into force is deemed to be a collective agreement entered into under the new Act and continues in force until its term expires.

Marginal note:Arbitral awards

53. Every arbitral award made under the former Act that is in force immediately before the day on which the definition “arbitral award” in subsection 2(1) of the new Act comes into force is deemed to be an arbitral award made under the new Act and continues in force until its term expires.

Marginal note:Conciliators

54. Every person appointed as a conciliator under section 53 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with that section and section 54 of the former Act, as those sections read immediately before that day, except that the references to “Chairperson” in section 54 of the former Act are to be read as references to the Chairperson of the new Board.