Marginal note:Persons designated by Governor in Council

14. The Governor in Council may, by order, designate any person or class of persons as persons to whom this Act applies, and those persons are deemed to be employees for the purposes of this Act.

Marginal note:Locally engaged persons and independent contractors

15. This Act does not apply to a person who is locally engaged outside Canada or, for greater certainty, to a person who is engaged as an independent contractor.

Marginal note:Increases to rates of pay

16. Despite any collective agreement, arbitral award or terms and conditions of employment to the contrary, but subject to the other provisions of this Act, the rates of pay for employees are to be increased, or are deemed to have been increased, as the case may be, by the following percentages for any 12-month period that begins during any of the following fiscal years:

• (a) the 2006–2007 fiscal year, 2.5%;

• (b) the 2007–2008 fiscal year, 2.3%;

• (c) the 2008–2009 fiscal year, 1.5%;

• (d) the 2009–2010 fiscal year, 1.5%; and

• (e) the 2010–2011 fiscal year, 1.5%.

Marginal note:Increases to rates of pay — collective agreements or arbitral awards after coming into force

• 17. (1) The provisions of any collective agreement that is entered into, or arbitral award that is made, after the day on which this Act comes into force may not provide for increases to rates of pay that are greater than those set out in section 16, but they may provide for increases that are lower.

• Marginal note:12-month periods

  (2) For greater certainty, any collective agreement that is entered into, or any arbitral award that is made, after the day on which this Act comes into force and that provides for increases to rates of pay for any period that begins during the restraint period must do so on the basis of a 12-month period.

Marginal note:Increases to rates of pay — collective agreements and arbitral awards — December 8, 2008 until coming into force

18. The provisions of any collective agreement that is entered into, or any arbitral award that is made, during the period that begins on December 8, 2008 and ends on the day on which this Act comes into force that provide, for any particular period, for increases to rates of pay that are greater than those referred to in section 16 for that particular period are of no effect or are deemed never to have had effect, as the case may be, and are deemed to be provisions that provide for the increases referred to in section 16.

Marginal note:Increases to rates of pay — collective agreements and arbitral awards — before December 8, 2008

19. With respect to a collective agreement that is entered into, or an arbitral award that is made, before December 8, 2008,

• (a) section 16 does not apply in respect of any period that began during the 2006–2007 or 2007–2008 fiscal year; and

• (b) for any 12-month period that begins during any of the 2008–2009, 2009–2010 and 2010–2011 fiscal years, section 16 applies only in respect of periods that begin on or after December 8, 2008 and any provisions of those agreements or awards that provide, for any particular period, for increases to rates of pay that are greater than those referred to in section 16 for that particular period are of no effect or are deemed never to have had effect, as the case may be, and are deemed to be provisions that provide for the increases referred to in section 16.