Canada Revenue Agency Act (S.C. 1999, c. 17)

Marginal note:Continuation of staff

• 91. (1) Subject to section 92, every person who is appointed for an indeterminate period as an employee in the Department of National Revenue immediately before the coming into force of this section is deemed, on the day on which this section comes into force,

  • (a) to have received notice from the Department as required by section 7.4.1 of the Work Force Adjustment Directive, defined in subsection 11(1) of the Financial Administration Act, of an offer of employment from the Agency that constitutes a Type 1 transitional employment arrangement, as described in section 7.2.2 of the Directive; and

  • (b) to have had their employment terminated under paragraph 11(2)(g.1) of the Financial Administration Act.

• Marginal note:Deemed acceptance of offer of employment

  (2) An employee who does not notify the Agency in writing within sixty days after the day on which this section comes into force that the employee refuses the job offer from the Agency is deemed to have accepted it in accordance with section 7.4.2 of the Work Force Adjustment Directive and to have become an employee of the Agency on the day of the termination of their employment in the Department.

• Marginal note:Employees who refuse job offers

  (3) An employee who refuses a job offer deemed to have been made by the Agency under subsection (1) is entitled to receive the benefits for employees who refuse job offers, provided under

  • (a) paragraph 11(2)(g.1) and subsection 11(2.01) of the Financial Administration Act; and

  • (b) Part VII of the Work Force Adjustment Directive.

• Marginal note:Agency deemed to be employer

  (4) An employee referred to in subsection (3) is deemed to be an employee of the Agency, beginning on the day that this section comes into force and ending on the day of their written refusal, and the Agency is deemed to be their employer for all purposes during that period, as well as for the purpose of administering the benefits referred to in subsection (3) after that period.

• Marginal note:Interpretation

  (5) In this section, a reference to any provision in the Work Force Adjustment Directive is to be read as a reference to the equivalent provision of a collective agreement, if the collective agreement contains provisions that replace the Directive.

Marginal note:Executive group

• 92. (1) Every indeterminate employee who was a member of the Executive Group in the Department of National Revenue immediately before the coming into force of this section is deemed, on the day on which this section comes into force,

  • (a) to have received an offer of employment from the Agency; and

  • (b) to have had their employment terminated under paragraph 11(2)(g.1) of the Financial Administration Act.

• Marginal note:Ineligibility for benefits

  (2) An employee whose employment is terminated under subsection (1) is not eligible for benefits under the Treasury Board Executive Employment Transition Policy.

• Marginal note:Deemed acceptance of offer of employment

  (3) An employee referred to in subsection (1) who does not notify the Agency in writing within sixty days after the day on which this section comes into force that the employee refuses the job offer from the Agency is deemed to have accepted it and to have become an employee of the Agency on the day of the termination of their employment in the Department.

• Marginal note:Continuation of terms and conditions of employment

  (4) An employee referred to in subsection (3) continues to be subject to the same terms and conditions of employment until they are modified by the Agency.

• Marginal note:Severance pay

  (5) Employees who are deemed by subsection (3) to have become employees of the Agency are not entitled to receive severance pay in cash, but the Agency is deemed to accept the accumulated severance liability of the Treasury Board under the Financial Administration Act to those employees.

• Marginal note:When offer refused

  (6) An employee who refuses a job offer deemed to have been made by the Agency under subsection (1) is entitled to receive the benefits provided under subsection 11(2.01) of the Financial Administration Act and to severance pay, as provided for under that Act.

• Marginal note:Agency deemed to be employer

  (7) An employee referred to in subsection (6) is deemed to be an employee of the Agency, beginning on the day that this section comes into force and ending on the day of their written refusal, and the Agency is deemed to be their employer for all purposes during that period, as well as for the purpose of administering the benefits referred to in subsection (6) after that period.