Public Sector Compensation Act (S.C. 1991, c. 30)

Marginal note:Early departure incentive

• Footnote ^*7.2 (1) Notwithstanding this Act or any other Act of Parliament except the Canadian Human Rights Act, or any directive, policy, regulation or agreement made under any such Act,

  • (a) the Governor in Council, on the recommendation of the Treasury Board, may fix the terms and conditions of a program arising from the February 27, 1995 budget and designate any department or portion of the public service or any part of that department or portion of the public service to which that program is to apply; and

  • (b) the Treasury Board may offer or give, to or on behalf of an employee of the department or portion of the public service designated pursuant to paragraph (a) who is a surplus employee within the meaning of the Work Force Adjustment Directive or otherwise subject to the program, a payment under the program and, subject to the terms and conditions fixed pursuant to paragraph (a),

    • (i) may, no earlier than six months after the date on which the offer is received by the employee, place the employee on unpaid surplus status within the meaning of the program, and

    • (ii) shall lay off the employee where a reasonable job offer within the meaning of the Work Force Adjustment Directive was not made within twelve months after the commencement of the unpaid surplus status or the employee refuses the reasonable job offer.

• Marginal note:Effect of being laid off

  (2) An employee within the meaning of the Public Service Employment Act who is laid off pursuant to subparagraph (1)(b)(ii) ceases to be an employee under that Act, but is entitled to the same rights and privileges to which that person would otherwise be entitled as a person laid off under that Act.

• Marginal note:Authorization of deputy head to exercise powers and perform duties of Board

  (3) The Treasury Board may authorize the deputy head of a department or the chief executive officer of any portion of the public service to exercise and perform, in such manner and subject to such terms and conditions as the Treasury Board directs, any of the powers, duties and functions of the Treasury Board under subsection (1).

  • Return to footnote ^*[Note: Section 7.2, as enacted by 1995, c. 17, s. 3, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

Marginal note:Work Force Adjustment Directive not subject to collective bargaining

• Footnote ^*7.3 (1) Notwithstanding this Act or any other Act of Parliament except the Canadian Human Rights Act, or any directive, policy, regulation or agreement made under any such Act, the Work Force Adjustment Directive, any term or condition of employment relating to job security or work force adjustment or any matter in relation to which the Directive may be issued or amended, whether or not the Directive is included in a collective agreement or arbitral award that has ceased, or may cease, to operate, shall not be the subject of collective bargaining, or be embodied in a collective agreement or arbitral award within the meaning of the Public Service Staff Relations Act, in respect of any portion of the public service of Canada specified in Part I of Schedule I of that Act, during the period of three years beginning on the coming into force of this section.

• Marginal note:Amendments by mutual agreement

  (2) The Treasury Board and bargaining agents may, by agreement in writing, amend the Work Force Adjustment Directive but only as it relates to their collective agreements or arbitral awards, whether their collective agreements or arbitral awards are in force or have ceased to operate.

• Marginal note:Amendments to Work Force Adjustment Directive by Governor in Council

  (3) The Governor in Council, on the recommendation of the Treasury Board, may amend the Work Force Adjustment Directive in relation to any of the following matters:

  • (a) the suspension of the separation benefit;

  • (b) geographical limitations with respect to guaranteed offers of appointment made as a result of privatization and contracting out situations within the meaning of the Directive; and

  • (c) proceeding with a contract in a contracting out situation within the meaning of the Directive.

• Marginal note:Expiration

  (4) Any amendment to the Work Force Adjustment Directive made pursuant to subsection (3) ceases to have effect on the expiration of three years after the coming into force of this section.

• Marginal note:Amendments to Work Force Adjustment Directive incorporated by reference

  (5) Notwithstanding any other Act of Parliament or any collective agreement or arbitral award that incorporates by reference the Work Force Adjustment Directive and any amendments thereto, any amendment to the Directive made pursuant to subsection (3) is incorporated by reference in the collective agreement or arbitral award, subject to such modifications as are required by that Act and the collective agreement or arbitral award.

  • Return to footnote ^*[Note: Section 7.3, as enacted by 1995, c. 17, s. 3, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

Marginal note:Changes to compensation plan re voluntary leave

• Footnote ^*7.4 (1) The Governor in Council may change any terms and conditions of a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies if those terms and conditions are, in the opinion of the Treasury Board, required to implement the voluntary leave without pay programs arising from the February 27, 1995 budget.

• Marginal note:Expiration

  (2) Any change to a compensation plan made by the Governor in Council pursuant to subsection (1) ceases to have effect on the expiration of three years after the coming into force of this section.

  • Return to footnote ^*[Note: Section 7.4, as enacted by 1995, c. 17, s. 3, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

Marginal note:Amendment to collective agreements and arbitral awards

• Footnote ^*8 (1) Subject to subsection (3), the parties to any collective agreement or arbitral award that includes a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies may, by agreement in writing, amend any terms and conditions of the collective agreement or arbitral award otherwise than by increasing

  • (a) wage rates; or

  • (b) any form of compensation referred to in subsection 5(1.1).

• Marginal note:Unilateral and other amendments to compensation plan

  (2) Subject to subsection (3), in the case of a compensation plan not contained in a collective agreement or arbitral award, the terms and conditions of the plan, other than any terms and conditions relating to wage rates or any form of compensation referred to in subsection 5(1.1), may be amended in the manner in which the plan was established.

• Marginal note:Restriction of cost

  (3) No amendment may be made at any time to the terms and conditions of a compensation plan pursuant to subsection (1) or (2) if, as determined in accordance with subsection (4), the aggregate of all such amendments made at that time to the plan directly result in any increase in the total amount of expenditures to be incurred in respect of the department or other portion of the public service of Canada or part thereof to which the plan relates.

• Marginal note:Determination

  (4) For the purposes of subsection (3), the determination shall be made

  • (a) by the Governor in Council, on the recommendation of the Treasury Board, where the plan relates to employees employed in or by the entities referred to in paragraph 3(1)(a) or (b), the staff of ministers of the Crown or persons referred to in paragraphs 3(2)(b), (c) and (d) and subsection 3(3); or

  • (b) by the appropriate employer, where the plan relates to

    • (i) the entities referred to in paragraph 3(1)(c),

    • (ii) the staff of the members of the Senate and the House of Commons,

    • (iii) the Chief Electoral Officer,

    • (iv) the Commissioner of Official Languages for Canada, or

    • (v) the Governor and Deputy Governor of the Bank of Canada.

  • Return to footnote ^*[Note: Section 8, as enacted by 1995, c. 17, s. 4, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]

Marginal note:Performance pay

8.1 Notwithstanding section 8, the Treasury Board may, on or after July 1, 1996, amend the terms and conditions relating to merit or performance increases, in-range increases or performance bonuses of a compensation plan that is extended under section 5 or 6 or in respect of which section 11 applies.

Marginal note:Members of the Canadian Forces

8.2 Notwithstanding any other provision of this Act, on or after April 1, 1996, the wage rates in effect under the compensation plan in respect of non-commissioned members of the Canadian Forces may be increased by an amount not exceeding 2.2 per cent in the manner in which the plan was established.

Wage Rates

Marginal note:No increase in wage rates

• 9 (1) Notwithstanding any other Act of Parliament but subject to section 11, every compensation plan for employees to whom this Act applies shall be deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for section 5, expire shall not be increased for the twelve month period immediately following that day.

• Marginal note:Increase in wage rates

  (2) The wage rates in effect under subsection (1) shall be increased for the twelve month period immediately following the period referred to in that subsection by three per cent.

• Marginal note:No increase in wage rates

  (3) The wage rates in effect under subsection (2) shall not be increased for the forty-eight month period immediately following the period referred to in that subsection.

• Marginal note:Idem

  (4) Notwithstanding any other Act of Parliament, each of the compensation plans for the persons mentioned in subsection 3(3.1) shall be deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for subsection 5(3), expire shall not be increased for the forty-eight month period immediately following that day.

Marginal note:Retroactive increase in wage rates

10 A compensation plan that is extended under section 6 shall be deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for section 6, have expired shall be increased, for the twelve month period referred to in that section,

• (a) by such amounts as the Governor in Council, on the recommendation of the Treasury Board, may authorize, in the case of a compensation plan contained in

  • (i) the collective agreement for the Translation Group entered into between the Treasury Board and the Canadian Union of Professional and Technical Employees that expired on April 18, 1990,

  • (ii) the collective agreement for the Computer Systems Administration Group entered into between the Treasury Board and the Professional Institute of the Public Service of Canada that expired on April 30, 1990, or

  • (iii) the collective agreement for the Auditing Group entered into between the Treasury Board and the Professional Institute of the Public Service of Canada that expired on May 4, 1990; and

• (b) by 4.2 per cent, in any other case.

Marginal note:Exception

• 11 (1) Where a compensation plan for employees to whom this Act applies expired before or was in effect on February 26, 1991 and a new compensation plan to have effect on the expiration of the previous compensation plan is established during the period beginning on February 26, 1991 and ending

  • (a) on the day immediately before the day on which this Act comes into force, or

  • (b) at any time on or after the day on which this Act comes into force, where the process for resolution of a dispute respecting the compensation plan is by the referral thereof to arbitration and a request for arbitration has been made in accordance with the laws applicable to the compensation plan before the day on which this Act comes into force,

  sections 5 and 6 do not apply in respect of the previous compensation plan and the Governor in Council, on the recommendation of the Treasury Board, may adjust wage rates under the new compensation plan to such amounts and for such periods as the Governor in Council considers to be consistent with the wage policy of the Government of Canada arising from the February 26, 1991 budget or the December 2, 1992 economic and fiscal statement, and any wage rates so adjusted shall be deemed to be embodied in the new compensation plan.

• Marginal note:Where prior undertaking to implement compensation plan

  (2) For the purposes of subsection (1), a new compensation plan to have effect on the expiration of the previous compensation plan shall be deemed to be established before the day on which this Act comes into force if the parties to the plan have, before that day, agreed in writing to establish the plan to have effect on the expiration of the previous compensation plan and the plan is established on or after that day without change.

• Marginal note:Extension

  (3) Every new compensation plan in respect of which this section applies, and every new collective agreement and arbitral award that includes such a plan, shall be

  • (a) extended for a period of forty-eight months beginning on the day immediately following the day on which the compensation plan, collective agreement or arbitral award would, but for this subsection, expire; and

  • (b) deemed to include provisions to the effect that

    • (i) the wage rates in effect under the plan on the day on which the plan would, but for this subsection, expire shall not be increased for the forty-eight month period immediately following that day, and

    • (ii) the terms and conditions of the plan, collective agreement or arbitral award, other than wage rates, in effect on the day on which the plan, collective agreement or arbitral award would, but for this subsection, expire, shall continue in force without change for the forty-eight month period immediately following that day.

Administration

Marginal note:Powers, duties and functions of Treasury Board

• 12 (1) The Treasury Board has such powers and shall perform such duties and functions in relation to this Act as are necessary to enable it to determine whether an employer of employees to whom this Act applies is complying with this Act.

• Marginal note:Information and documentation

  (2) The Treasury Board may require from an employer referred to in subsection (1) such information and documentation as it considers necessary to enable it to determine whether the employer is complying with this Act.

• Marginal note:Treasury Board directive

  (3) Where the Treasury Board determines pursuant to this section that an employer referred to in subsection (1) is not complying with this Act, it may issue such directives as it deems appropriate to ensure the compliance.

Marginal note:Provision of compensation plans of no force or effect

13 A provision of a compensation plan for employees to whom this Act applies that is entered into or established at any time is of no force or effect to the extent that it provides for an increase in wage rates that would bring wage rates to a level that they would, but for this Act, have reached.