Government Services Act, 1999 (S.C. 1999, c. 13)

Marginal note:Obligations of employer

5. No officer or representative of the employer shall

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

• (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.

Marginal note:Resumption of expired agreements

6. 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

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

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

Marginal note:Authority 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

  • (a) the terms and conditions of employment applicable to the employees; and

  • (b) the period during which those terms and conditions of employment are applicable.

• Marginal note:Coming into effect of provisions

  (2) 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).

• Marginal note:New single collective agreement

  (3) 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.

• Marginal note:Public Service Staff Relations Act applies

  (4) 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.

• Marginal note:Statutory Instruments Act does not apply

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

• Marginal note:Spent provisions

  (6) 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.