Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)
Full Document:
Assented to 2013-12-12
306. Paragraph 135(a) of the French version of the Act is replaced by the following:
a) d’une part, le mode de règlement des différends applicable à l’unité de négociation est l’arbitrage;
307. (1) Section 148 of the Act is replaced by the following:
Making of Arbitral Award
Marginal note:Preponderant factors
148. (1) In determining whether compensation levels and other terms and conditions represent a prudent use of public funds and are sufficient to allow the employer to meet its operational needs, the arbitration board is to be guided by and to give preponderance to the following factors in the conduct of its proceedings and in making an arbitral award:
(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; and
(b) Canada’s fiscal circumstances relative to its stated budgetary policies.
Marginal note:Other factors
(2) If relevant to the making of a determination under subsection (1), the arbitration board may take any of the following factors into account:
(a) relationships with compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;
(b) the compensation and other terms and conditions of employment relative to employees in similar occupations in the private and public sectors, including any geographical, industrial or other variations that the arbitration board considers relevant;
(c) compensation and other terms and conditions of employment that are reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(d) the state of the Canadian economy.
(2) Section 148 of the Act is amended by adding the following after subsection (2):
Marginal note:Public Sector Equitable Compensation Act
(3) Nothing in subsections (1) and (2) precludes the operation of sections 17 to 19 of the Public Sector Equitable Compensation Act.
308. The heading before section 149 of the Act is repealed.
309. Subsection 149(1) of the Act is replaced by the following:
Marginal note:Making of arbitral award
149. (1) The arbitration board must make an arbitral award as soon as feasible in respect of all the matters in dispute that are referred to it and set out in the award the reasons for its decision in respect of each of those matters.
Marginal note:Terms of employment to be considered
(1.1) The arbitration board must not make an arbitral award without having taken into account all terms and conditions of employment of, and benefits provided to, the employees in the bargaining unit to which the award relates, including salaries, bonuses, allowances, vacation pay, employer contributions to pension funds or plans and all forms of health plans and dental insurance plans.
310. The Act is amended by adding the following after section 158:
Review
Marginal note:Review
158.1 (1) Within seven days after the day on which an arbitral award is made, the Chairperson may direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 based on a full consideration of the written submissions provided to the arbitration board.
Marginal note:Review — application
(2) On application by either party to an arbitral award, made within seven days after the day on which the arbitral award is made, the Chairperson may, within seven days after the day on which the application is made, direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 based on a full consideration of the written submissions provided to the arbitration board.
Marginal note:Duty to confirm or amend
(3) Within 30 days after the day on which the Chairperson directs it to review the arbitral award, or any part of it, the arbitration board must either confirm the award or amend it and provide the Chairperson with reasons in writing for doing so. If the arbitral award is amended, the arbitration board must also provide the Chairperson with a copy of the amended arbitral award.
Marginal note:Notice
(4) The Chairperson must, without delay, inform the parties of the arbitration board’s decision and provide them with a copy of that board’s reasons in writing. If the arbitral award is amended, the Chairperson must also provide the parties with a copy of the amended arbitral award.
Marginal note:Restriction
(5) For greater certainty, the arbitration board’s power to amend the arbitral award is restricted to amending it only in relation to the matters in dispute that were originally referred to it.
311. Paragraph 160(a) of the French version of the Act is replaced by the following:
a) d’une part, le mode de règlement des différends applicable à l’unité de négociation est la conciliation;
312. Subsection 164(1) of the Act is replaced by the following:
Marginal note:Constitution
164. (1) The public interest commission consists of either a single member appointed in accordance with section 165 or, subject to subsection (2), three members, appointed in accordance with section 167.
313. Sections 165 and 166 of the Act are replaced by the following:
Marginal note:Commission with single member
165. (1) If the public interest commission is to consist of a single member, the Chairperson must submit to the Minister the name of a person jointly recommended by the bargaining agent and the employer. If no person is so recommended, the Chairperson may, at his or her discretion, recommend the appointment of a particular person.
Marginal note:Appointment
(2) After receiving the recommendation, the Minister must, without delay, appoint the person recommended.
314. Subsections 167(3) to (5) of the Act are replaced by the following:
Marginal note:Appointment of chairperson nominated by parties
(3) Within five days after the day on which the second member is appointed, the two members must nominate a person to be the chairperson and third member of the public interest commission, and the Chairperson must recommend to the Minister the appointment of that person. The Minister must appoint the person, without delay, as chairperson and third member of the commission.
Marginal note:Failure to nominate
(4) If the two members fail to make a nomination under subsection (3), the Chairperson must, without delay, recommend to the Minister the appointment of a particular person as the chairperson and third member of the public interest commission.
Marginal note:Appointment
(5) After receiving the recommendation, the Minister must, without delay, appoint the person recommended as the chairperson and third member of the public interest commission.
315. Subsection 170(1) of the Act is replaced by the following:
Marginal note:Death, incapacity or resignation of single member
170. (1) In the event of the death, incapacity or resignation of the member of a public interest commission that consists of a single member before the commission makes a report to the Chairperson, the Chairperson must recommend to the Minister the appointment of another person under section 165 and the Minister must, without delay, appoint that person. That person must recommence the conciliation proceedings from the beginning.
316. (1) Section 175 of the Act is replaced by the following:
Marginal note:Preponderant factors
175. (1) In determining whether compensation levels and other terms and conditions represent a prudent use of public funds and are sufficient to allow the employer to meet its operational needs, the public interest commission is to be guided by and to give preponderance to the following factors in the conduct of its proceedings and in making a report to the Chairperson:
(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; and
(b) Canada’s fiscal circumstances relative to its stated budgetary policies.
Marginal note:Other factors
(2) If relevant to the making of a determination under subsection (1), the public interest commission may take any of the following factors into account:
(a) relationships with compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;
(b) the compensation and other terms and conditions of employment relative to employees in similar occupations in the private and public sectors, including any geographical, industrial or other variations that the public interest commission considers relevant;
(c) compensation and other terms and conditions of employment that are reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(d) the state of the Canadian economy.
(2) Section 175 of the Act is amended by adding the following after subsection (2):
Marginal note:Public Sector Equitable Compensation Act
(3) Nothing in subsections (1) and (2) precludes the operation of sections 20 and 21 of the Public Sector Equitable Compensation Act.
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