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

Marginal note:Fact finders

55. Every person appointed as a fact finder under section 54.1 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with section 54.4 of the former Act, as that section read immediately before that day and sections 54.1 to 54.6 of the former Act, as those sections read immediately before that day, apply after that day to the parties being assisted by the fact finder, except that the references in those sections to

• (a) “Board” are to be read as references to the new Board; and

• (b) “Chairperson” are to be read as references to the Chairperson of the new Board.

Marginal note:Section 61 of the former Act

56. Every person to whom terms and conditions were referred under section 61 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with the provisions of the former Act as they read immediately before that day.

Marginal note:Arbitration

• 57. (1) The following rules apply to requests for arbitration made before the day on which section 136 of the new Act comes into force and for which no arbitral award had been made before that day:

  • (a) if no arbitration board had been established or arbitrator appointed before that day, the request is to be dealt with as though it had been made under section 136 of the new Act;

  • (b) if an arbitrator had been appointed before that day, the arbitrator is deemed to be an arbitration board consisting of a single member established under section 139 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act; and

  • (c) if an arbitration board had been established before that day, the arbitration board is deemed to be an arbitration board consisting of three members established under section 140 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act.

• Marginal note:Restriction

  (2) For greater certainty, an arbitral award may be made under subsection (1) only in respect of a term or condition of employment that could have been embodied in an arbitral award made under the former Act as it read immediately before the day on which section 140 of the new Act comes into force.

Marginal note:Provisions of former Act apply

• 58. (1) If, before the day on which section 105 of the new Act comes into force, a notice to bargain collectively was given under the former Act in respect of a bargaining unit for which the process for resolution of a dispute is conciliation and no collective agreement was entered into before that day as a result of the notice, paragraphs (a) to (c) apply to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit until a collective agreement is entered into:

  • (a) sections 76 to 90.1 and sections 102 to 107 of the former Act, as those sections read immediately before that day, apply on and after that day, except that references in those sections to

    • (i) “Board” are to be read as references to the new Board,

    • (ii) “Chairperson” are to be read as references to the Chairperson of the new Board, and

    • (iii) “Minister” are to be read as references to the Minister within the meaning of subsection 2(1) of the new Act;

  • (b) a designation review panel established before that day may continue to act on and after that day; and

  • (c) a conciliation commissioner appointed or a conciliation board established before that day may continue to act on and after that day.

• Marginal note:Non-application

  (2) For greater certainty, if subsection (1) applies to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit, Divisions 8, 10, 11 and 14 of Part 1 of the new Act do not apply to them until a collective agreement is entered into.