An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (S.C. 2019, c. 28)

Transitional Provisions

Marginal note:Definitions

• 11 (1) The following definitions apply in this section and sections 12 to 43.

  commencement day

  commencement day means the day on which the Canadian Energy Regulator Act comes into force. (date d’entrée en vigueur)

  National Energy Board

  National Energy Board means the National Energy Board established by section 3 of the National Energy Board Act as it read immediately before the commencement day. (Office)

  Regulator

  Regulator means the Canadian Energy Regulator established by section 10 of the Canadian Energy Regulator Act. (Régie)

• Marginal note:Terminology — Federal Public Sector Labour Relations Act

  (2) Unless the context requires otherwise, words and expressions used in sections 16 to 32 have the same meaning as in section 2 of the Federal Public Sector Labour Relations Act.

Marginal note:Appointments terminated

• 12 (1) Each permanent member of the National Energy Board appointed under subsection 3(2) of the National Energy Board Act, as it read immediately before the commencement day, who holds office immediately before the commencement day ceases to hold office on that day.

• Marginal note:Compensation

  (2) A permanent member of the National Energy Board referred to in subsection (1) who is not appointed as a commissioner under subsection 28(1) of the Canadian Energy Regulator Act is entitled to the lesser of

  • (a) an amount that is equal to 12 months’ remuneration as a permanent member of the National Energy Board, and

  • (b) an amount that is equal to the remuneration to which they would be entitled if they were to complete the remainder of the term for which they were appointed as a permanent member of the National Energy Board.

Marginal note:Appointments terminated

• 13 (1) Each temporary member of the National Energy Board appointed under subsection 4(1) of the National Energy Board Act, as it read immediately before the commencement day, who holds office immediately before the commencement day ceases to hold office on that day.

• Marginal note:No compensation

  (2) Despite the provisions of any contract, agreement or order, no person who was appointed to hold office as a temporary member of the National Energy Board has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Act.

Marginal note:Continuation — members of National Energy Board

• 14 (1) A person referred to in subsection 12(1) or 13(1) may, at the request of the Lead Commissioner designated under 37 of the Canadian Energy Regulator Act, continue to hear and decide any matter that was before the person before the commencement day and the person is considered to be a commissioner for the purposes of that Act.

• Marginal note:Refusal to complete duties

  (2) If a person referred to in subsection 12(1) or 13(1) refuses to continue to hear or decide a matter referred to in subsection (1), the Commission referred to in section 26 of the Canadian Energy Regulator Act is seized of the matter.

• Marginal note:Remuneration and expenses

  (3) A person referred to in subsection 12(1) or 13(1) who continues to hear and decide a matter referred to in subsection (1)

  • (a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and

  • (b) is entitled to be paid reasonable travel and other expenses incurred in the course of providing services during any period of absence from their ordinary place of residence.

• Marginal note:Limitation

  (4) The Lead Commissioner may withdraw from a person referred to in subsection 12(1) or 13(1) a matter referred to in subsection (1) that is not disposed of within one year after the commencement day and assign it to a panel of the Commission in accordance with section 38 of the Canadian Energy Regulator Act on any terms and conditions that the Lead Commissioner may specify for the protection and preservation of the rights and interests of the parties.

• Marginal note:Subsection 28(2) of Canadian Energy Regulator Act

  (5) A period of time during which a person referred to in subsection 12(1) or 13(1) is considered to be a commissioner for the purposes of this section does not count as part of the 10-year limit set out in subsection 28(2) of the Canadian Energy Regulator Act.

Marginal note:Persons employed by National Energy Board

15 Nothing in this Act affects the status of any person who was employed by the National Energy Board immediately before the commencement day, except that, as of that day, the person is employed by the Regulator.

Marginal note:Collective agreements or arbitral awards continued

• 16 (1) Subject to sections 17 to 28, every collective agreement or arbitral award that applies to an employee who occupies a position in the National Energy Board before the commencement day and that is in force immediately before that day continues in force until its term expires.

• Marginal note:Binding effect

  (2) A collective agreement or arbitral award continued in force under subsection (1) is binding on

  • (a) the Regulator, as if it were the employer referred to in the collective agreement or arbitral award;

  • (b) the bargaining agent that is a party to the collective agreement or arbitral award; and

  • (c) the employees of the Regulator in the bargaining unit in respect of which that bargaining agent has been certified.

• Marginal note:Parties may amend

  (3) Nothing in subsections (1) and (2) prohibits the Regulator and the bargaining agent from amending any provision of a collective agreement continued in force under subsection (1), other than a provision relating to its term.

Marginal note:Application for certification

17 Any employee organization may apply to the Board for certification as the bargaining agent for the employees bound by a collective agreement or arbitral award that is continued in force under subsection 16(1), but it may do so only during the period in which an application for certification is authorized to be made under section 54 of the Federal Public Sector Labour Relations Act in respect of those employees.

Marginal note:Power of Board

• 18 (1) If a collective agreement or arbitral award is continued in force under subsection 16(1), the Board must, by order, on application by the Regulator or any bargaining agent affected by the establishment of the Regulator,

  • (a) determine whether the employees of the Regulator who are bound by the collective agreement or arbitral award constitute one or more units appropriate for collective bargaining;

  • (b) determine which employee organization is to be the bargaining agent for the employees in each such unit; and

  • (c) in respect of each collective agreement or arbitral award that binds employees of the Regulator, determine whether the collective agreement or arbitral award is to remain in force and, if it is to remain in force, determine whether it is to remain in force until the expiry of its term or until an earlier date that the Board may fix.

• Marginal note:When application must be made

  (2) The application may be made only during the period beginning on the 120th day after the commencement day and ending on the 150th day after the commencement day.

Marginal note:Application for leave to give notice to bargain collectively

• 19 (1) Either of the parties to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 18(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 105 of the Federal Public Sector Labour Relations Act, a notice to bargain collectively.

• Marginal note:When application may be made

  (2) The application must be made within 90 days after the day on which the order is made under paragraph 18(1)(c).