Museums Act (S.C. 1990, c. 3)

Marginal note:Contracts, etc.

• 35. (1) Every reference to the National Museums of Canada in any deed, contract, agreement or other document executed by the National Museums of Canada in its own name for the purposes of a constituent museum shall, unless the context otherwise requires, be read as a reference to the successor corporation of that constituent museum.

• Marginal note:Idem

  (2) Every reference to the National Museums of Canada in any deed, contract, agreement or other document executed by the National Museums of Canada in its own name, otherwise than for the purposes of a constituent museum, shall, unless the context otherwise requires, be read as a reference to Her Majesty in right of Canada.

Marginal note:Transfer of staff

• 36. (1) On the coming into force of this Act, every person who, immediately prior thereto, was an officer or employee in a constituent museum becomes an officer or employee in the successor corporation of the constituent museum.

• Marginal note:Idem

  (2) On the coming into force of this Act, every person who, immediately prior thereto, was an officer or employee in the National Museums of Canada, otherwise than in a constituent museum, becomes an officer or employee in the Department of Communications.

• Marginal note:Benefits continued

  (3) Every person to whom subsection (1) or (2) applies continues, on the coming into force of this Act, to have the same employment benefits as the person had in the National Museums of Canada immediately prior thereto until such time as those benefits are modified by a collective agreement or arbitral award or, in the case of persons not represented by a bargaining agent, by a policy decision of the successor corporation or the Treasury Board, as the case may be.

• Marginal note:No severance pay

  (4) For greater certainty, nothing in subsection (1) or (2) shall be construed as entitling any person to severance pay.

Marginal note:Definitions

• 37. (1) In this section,

  “original indeterminate employee”

  « titulaire »

  “original indeterminate employee” means a person who was appointed to a position in the National Museums of Canada for an indeterminate period in accordance with the Public Service Employment Act and who became an officer or employee in a successor corporation pursuant to subsection 36(1);

  “original term employee”

  « vacataire »

  “original term employee” means a person who was appointed to a position in the National Museums of Canada for a specified period in accordance with the Public Service Employment Act and who became an officer or employee in a successor corporation pursuant to subsection 36(1).

• Marginal note:Presumption for original indeterminate employees

  (2) Notwithstanding subsection 24(2), every original indeterminate employee is, in the two years after the coming into force of this Act, deemed to be employed in the Public Service for the purpose of being eligible to enter competitions or to be transferred under the Public Service Employment Act and for the purposes of sections 11 and 13 of that Act.

• Marginal note:Presumption for original term employees

  (3) Notwithstanding subsection 24(2), every original term employee is, in the period beginning on the coming into force of this Act and ending on the earlier of the day that is two years after that coming into force and the last day of the specified period for which the employee was last appointed before that coming into force, deemed to be employed in the Public Service for the purpose of being eligible to enter competitions or to be transferred under the Public Service Employment Act and for the purposes of sections 11 and 13 of that Act.

• Marginal note:Probation

  (4) Where an original indeterminate employee becomes an officer or employee in a successor corporation while on probation under section 28 of the Public Service Employment Act and is subsequently rejected for further employment by the successor corporation during or at the end of the probationary period, subsection 28(5) of that Act applies to the employee as if the employee were a person described therein.

• Marginal note:Lay-offs

  (5) Subsections 29(3) and (4) of the Public Service Employment Act apply to any original indeterminate employee who is laid off by a successor corporation within two years after the coming into force of this Act.

• Marginal note:Leave of absence

  (6) Where an original indeterminate employee becomes an officer or employee in a successor corporation while on leave of absence, section 30 of the Public Service Employment Act continues to apply to the employee and to any person appointed before the coming into force of this Act for an indeterminate period to the position the employee previously occupied.