An Act respecting compensation in the public sector of Canada and to amend another Act in relation theretoPublic Sector Compensation ActPublic Sector Compensation199110
2
202411
12
P-31.6301991Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Public Sector Compensation Act.
Interpretation
DefinitionsIn this Act,bargaining agent has the same meaningin the case of employees in respect of whom Part I of the Canada Labour Code applies, as in subsection 3(1) of that Act,in the case of employees in respect of whom the Parliamentary Employment and Staff Relations Act applies, as in section 3 of that Act, andin the case of employees in respect of whom the Public Service Staff Relations Act applies, as in section 2 of that Act; (agent négociateur)compensation means all forms of pay, benefits and perquisites paid or provided, directly or indirectly, by or on behalf of an employer to or for the benefit of an employee, except those paid or providedunder the Supplementary Retirement Benefits Act or any Act of Parliament or regulations mentioned in Schedule I to that Act,under the Public Service Superannuation Act, the Canadian Forces Superannuation Act, the Royal Canadian Mounted Police Superannuation Act or the Special Retirement Arrangements Act,pursuant to a directive, policy, regulation or agreement that is issued, made or amended from time to timeon the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board, orunilaterally by the employer of the employee or bilaterally by the employer and the employee, as represented by the bargaining agent, and that is in respect of a subject-matter that, in the opinion of the Treasury Board, is the same as or related to the subject-matter of a directive, policy, regulation or agreement that is issued, made or amended as described in subparagraph (i),pursuant to the Work Force Adjustment Directive issued on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board, that came into force on December 15, 1991, as amended from time to time on the recommendation of the Council and with the approval of the Treasury Board or in accordance with this Act or section 11 of the Financial Administration Act, in respect of any subject-matter, but only in the circumstances arising from a transfer referred to in paragraph 11(2)(g.1) of that Act,in one lump sum payment that may be made payable, on or after the coming into force of this Act, to or for the benefit of an employee whose rate of pay does not exceed $27,500 and that is in an amount equal towhere the lump sum is payable to or for the benefit of an employee whose rate of pay does not exceed $27,000, $500, orwhere the lump sum is payable to or for the benefit of an employee whose rate of pay exceeds $27,000 but does not exceed $27,500, that portion of $500 that the rate of pay for that employee exceeds $27,000, orin respect of severance pay or accumulated vacation or annual leave in the circumstances arising from a transfer referred to in paragraph 11(2)(g.1) of the Financial Administration Act; (rémunération)compensation plan means the provisions, however established, for the determination and administration of compensation, and includes such provisions contained in collective agreements or arbitral awards or established bilaterally between an employer and an employee, unilaterally by an employer or by or pursuant to any Act of Parliament; (régime de rémunération)employee means any person who performs duties and functions that entitle that person to a fixed or ascertainable amount or rate of pay, but does not include any person to whom the Locally-Engaged Staff Employment Regulations apply or any person who is engaged locally outside Canada and whose position is wholly or partly excluded from the operation of the Public Service Employment Act under section 41 of that Act; (salarié)strike has the same meaningin the case of employees in respect of whom Part I of the Canada Labour Code applies, as in subsection 3(1) of that Act,in the case of employees in respect of whom the Parliamentary Employment and Staff Relations Act applies, as in section 3 of that Act, andin the case of employees in respect of whom the Public Service Staff Relations Act applies, as in section 2 of that Act; (grève)wage rate means a single rate of pay or range of rates of pay, including cost-of-living adjustments, or, where no such rate or range exists, any fixed or ascertainable amount of pay, but does not include any allowance, bonus, differential, premium or other emolument or benefit paid in respect of circumstances specified by order of the Treasury Board. (taux de salaire)Expiration of compensation plansFor the purposes of this Act, where a compensation plan does not provide for an expiration date, the plan shall be deemed to expire on the day before the day on which wage rates under the plan would normally be revised.1991, c. 30, s. 2; 1993, c. 13, s. 2; 1994, c. 18, s. 2; 1996, c. 18, s. 12
Application
ApplicationThis Act applies to employees employed in or bythe departments of the Government of Canada or other portions of the public service of Canada, set out in Schedule I;the agencies, boards, commissions or corporations set out in Schedule II; andthe Senate, House of Commons, Library of Parliament, Parliamentary Protective Service or office of the Parliamentary Budget Officer.IdemThis Act applies tothe staff of ministers of the Crown and of members of the Senate and the House of Commons,directors of corporations set out in Schedule II,the members and officers of the Canadian Forces, andthe members and officers of the Royal Canadian Mounted Police,and the staff, directors, members and officers shall, for the purposes of this Act, be deemed to be employees.IdemThis Act applies to persons appointed by the Governor in Council to a position in a portion of the public service set out in Schedule I or to an agency, board, commission or corporation set out in Schedule II, and any persons so appointed shall, for the purposes of this Act, be deemed to be employees.IdemThis Act, except subsections 5(1) and (2), section 6, subsections 9(1) to (3) and sections 10 and 11, applies to the following persons who shall, for the purposes of this Act, except those provisions, be deemed to be employees:the Chief Electoral Officer;the Commissioner of Official Languages for Canada; andthe Governor and Deputy Governor of the Bank of Canada.ExclusionFor greater certainty, this Act does not apply to persons engaged as independent contractors.1991, c. 30, s. 3; 1993, c. 13, s. 3; 2015, c. 36, s. 150; 2017, c. 20, s. 185
Binding on Her Majesty
Binding on Her MajestyThis Act is binding on Her Majesty in right of Canada.
Extension of Compensation Plans
Extension of compensation plansSubject to section 11, every compensation plan for employees to whom this Act applies that was in effect on February 26, 1991, including every compensation plan extended under section 6, shall be extended for a period of seventy-two months beginning on the day immediately following the day on which the compensation plan would, but for this section, expire.No increase in compensationNotwithstanding any provision of this Act other than subsection (1.2) or a provision of any compensation plan, no employee shall be entitled to the incremental increases, including those based on the attainment of further qualifications or the acquisition of skills, merit or performance increases, in-range increases, performance bonuses or other similar forms of compensation that would, but for this subsection, form part of their compensation plan, during the period of twenty-four months beginning on the day on which this subsection comes into force.Period not included as experienceThe period referred to in subsection (1.1) shall not be counted for the purposes of calculating any increase in any form of compensation referred to in that subsection that is based on years of experience.Where prior undertaking to implement compensation planFor the purposes of subsection (1), a compensation plan shall be deemed to have been in effect on February 26, 1991 if the parties to the plan had, before that date, 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 date without change.Particular caseEach of the compensation plans for the persons mentioned in subsection 3(3.1) that was in effect on December 10, 1992 shall be extended for a period of forty-eight months beginning on the day immediately following the day on which the compensation plan would, but for this subsection, expire.1991, c. 30, s. 5; 1993, c. 13, s. 4; 1994, c. 18, s. 3
Extension of compensation plan that has already expiredSubject to section 11, where a compensation plan for employees to whom this Act applies would, but for this section, have expired before February 26, 1991 and no new compensation plan was established before February 26, 1991, or on or after that date in accordance with subsection 5(2), the compensation plan shall be extended for a period of twelve months beginning on the day immediately following the day on which the plan would have expired.
Terms and conditionsNotwithstanding any other Act of Parliament except the Canadian Human Rights Act but subject to this Act, the terms and conditions ofevery compensation plan that is extended under section 5 or 6, andevery collective agreement or arbitral award that includes a compensation plan referred to in paragraph (a)shall continue in force without change for the period for which the compensation plan is so extended.Exception where conversion or reclassificationThe Treasury Board 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, or of a collective agreement or arbitral award that includes such a compensation plan, if those terms and conditions are, in the opinion of the Treasury Board, in respect of a conversion or reclassification that is required to implement a new or revised classification standard.Extension where conversion or reclassification of a planWhere, before December 10, 1992, the Treasury Board has, pursuant to subsection (2), changed any of the terms and conditions of a compensation plan to implement a new or revised classification standard, the new or revised compensation plan that is in effect as a result of that implementation shall beextended for a period of forty-eight months beginning on the day immediately following the day on which the compensation plan would, but for this subsection, expire; anddeemed 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 this subsection, expire shall not be increased for the forty-eight month period immediately following that day.IdemWhere, on or after December 10, 1992 but before the coming into force of this subsection, the Treasury Board has, pursuant to subsection (2), changed any of the terms and conditions of a compensation plan to implement a new or revised classification standard, the new or revised compensation plan that is in effect as a result of that implementation shall beextended for a period of twenty-four months beginning on the day immediately following the day on which the compensation plan would, but for this subsection, expire; anddeemed 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 this subsection, expire shall not be increased for the twenty-four month period immediately following that day.Authorized changesThe Treasury Board may authorize any change to any terms and conditionsof a compensation plan that would, but for section 6, have expired before February 26, 1991; orof a collective agreement or arbitral award that includes a compensation plan referred to in paragraph (a).Where parties fail to agreeThe Treasury Board may change any terms and conditionsof a compensation plan that would, but for section 6, have expired before February 26, 1991, orof a collective agreement or arbitral award that includes a compensation plan referred to in paragraph (a)where the parties to the plan fail to agree to change those terms and conditions.Wage increases governed by section 10The Treasury Board may not make or authorize any increase in wage rates pursuant to subsection (3) or (4) that is not in accordance with section 10.Work sharing agreementNothing in this section affects any work sharing agreement that is approved for the purposes of section 24 of the Unemployment Insurance Act.1991, c. 30, s. 7; 1993, c. 13, s. 5; 1994, c. 18, s. 4
Civilian Reduction ProgramNotwithstanding this Act or any other Act of Parliament except the Canadian Human Rights Act, the Treasury Board mayfix the terms and conditions of the Civilian Reduction Program arising from the February 22, 1994 budget; andoffer or give, to or on behalf of indeterminate employees of the Department of National Defence, Emergency Preparedness Canada and the Communications Security Establishment who are subject to that Program, payments under the Program.Merger with new programOn or after the date of the coming into force of section 7.2,a payment under the Civilian Reduction Program shall not be offered or given pursuant to subsection (1) to or on behalf of an indeterminate employee of the Department of National Defence or Emergency Preparedness Canada unless that employee is a surplus employee within the meaning of the Work Force Adjustment Directive; andany employee referred to in paragraph (a) who has been offered a payment pursuant to subsection (1), whether before or after that date, but has not yet ceased to be an employee within the meaning of the Public Service Employment Act becomes subject to the program and section 7.2 applies to that employee, except that the payment is given in an amount and subject to any other terms and conditions respecting the payment fixed for the Civilian Reduction Program pursuant to subsection (1) and no other payment may be offered or given to that employee pursuant to section 7.2.[Note: Subsection 7.1(2), as enacted by 1995, c. 17, s. 2, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]DefinitionsFor the purposes of this section and sections 7.2, 7.3 and 7.4,program means a program respecting early departure incentives, unpaid surplus status, lay offs and related matters arising from the February 27, 1995 budget; (programme)public service means the entities referred to in subsection 3(1); (administration publique)Work Force Adjustment Directive means the Work Force Adjustment Directive issued on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board, that came into force on December 15, 1991, as amended from time to time in accordance with subsections 7.3(2) and (3). (Directive sur le réaménagement des effectifs)[Note: Subsection 7.1(3), as enacted by 1995, c. 17, s. 2, ceases to be in force June 22, 1998, see 1995, c. 17, s. 6.]1994, c. 18, s. 5; 1995, c. 17, s. 22019, c. 13, s. 85(F)
Early departure incentiveNotwithstanding 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 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; andthe 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),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, andshall 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.Effect of being laid offAn 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.Authorization of deputy head to exercise powers and perform duties of BoardThe 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).[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.]1995, c. 17, s. 3
Work Force Adjustment Directive not subject to collective bargainingNotwithstanding 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.Amendments by mutual agreementThe 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.Amendments to Work Force Adjustment Directive by Governor in CouncilThe 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:the suspension of the separation benefit;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; andproceeding with a contract in a contracting out situation within the meaning of the Directive.ExpirationAny 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.Amendments to Work Force Adjustment Directive incorporated by referenceNotwithstanding 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.[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.]1995, c. 17, s. 3
Changes to compensation plan re voluntary leaveThe 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.ExpirationAny 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.[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.]1995, c. 17, s. 3
Amendment to collective agreements and arbitral awardsSubject 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 increasingwage rates; orany form of compensation referred to in subsection 5(1.1).Unilateral and other amendments to compensation planSubject 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.Restriction of costNo 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.DeterminationFor the purposes of subsection (3), the determination shall be madeby 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); orby the appropriate employer, where the plan relates tothe entities referred to in paragraph 3(1)(c),the staff of the members of the Senate and the House of Commons,the Chief Electoral Officer,the Commissioner of Official Languages for Canada, orthe Governor and Deputy Governor of the Bank of Canada.[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.]1991, c. 30, s. 8; 1993, c. 13, s. 6; 1995, c. 17, s. 4
Performance payNotwithstanding 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.1996, c. 18, s. 13
Members of the Canadian ForcesNotwithstanding 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.1996, c. 18, s. 13
Wage Rates
No increase in wage ratesNotwithstanding 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.Increase in wage ratesThe 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.No increase in wage ratesThe 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.IdemNotwithstanding 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.1991, c. 30, s. 9; 1993, c. 13, s. 7; 1994, c. 18, s. 6
Retroactive increase in wage ratesA 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,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 inthe 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,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, orthe 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; andby 4.2 per cent, in any other case.
ExceptionWhere 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 endingon the day immediately before the day on which this Act comes into force, orat 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.Where prior undertaking to implement compensation planFor 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.ExtensionEvery new compensation plan in respect of which this section applies, and every new collective agreement and arbitral award that includes such a plan, shall beextended 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; anddeemed to include provisions to the effect thatthe 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, andthe 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.1991, c. 30, s. 11; 1993, c. 13, s. 8; 1994, c. 18, s. 7
Administration
Powers, duties and functions of Treasury BoardThe 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.Information and documentationThe 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.Treasury Board directiveWhere 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.
Provision of compensation plans of no force or effectA 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.
Offences
ProhibitionsDuring the period beginning on the day on which this Act comes into force in which a compensation plan, as extended under section 5 or 6, or in respect of which section 11 applies, is in force,no bargaining agent shall declare, authorize or direct, or condone or acquiesce in the continuation of, a strike of employees to whom the compensation plan applies;no representative or officer of a bargaining agent shall counsel or procure the declaration, authorization or direction of, or condone or acquiesce in the continuation of, a strike of those employees; andno employee to whom the compensation plan applies shall participate in a strike.Definition of condone or acquiesceFor the purposes of paragraphs (1)(a) and (b), condone or acquiesce with respect to the continuation of a strike, meansto fail to give notice to employees participating in the strike that they are to resume the duties of their employment immediately;to fail to take reasonable steps to ensure that the employees resume the duties of their employment immediately; andto do anything that may encourage the employees not to resume the duties of their employment.
Offence — bargaining agentEvery bargaining agent that contravenes section 14 is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine not exceeding $100,000.
Offence — representatives and officersEvery representative or officer of a bargaining agent that contravenes section 14 is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine not exceeding $50,000.
Offence — employeesEvery employee who contravenes section 14 is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine not exceeding $1,000.
Deeming provisionFor the purposes of enforcement proceedings under sections 14 to 17, a bargaining agent is deemed to be a person.
Imprisonment precludedNotwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed on a person as punishment in respect of an offence under sections 14 to 17.
Recovery of finesAny fine imposed on a bargaining agent or a representative or officer of a bargaining agent under section 15 or 16 constitutes a debt payable to Her Majesty in right of Canada and may, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof, be recovered by Her Majesty by a deduction of the amount of the fine or any portion thereof from the amount of the membership dues that the employer of the employees represented by the bargaining agent is or may be required, pursuant to any collective agreement that is or may be entered into between the employer and the bargaining agent, to deduct from the pay of the employees and to remit to the bargaining agent.Amount of deduction to Consolidated Revenue FundFor greater certainty, all amounts deducted from membership dues under subsection (1) shall be deposited to the credit of the Receiver General and form part of the Consolidated Revenue Fund.
Orders
OrdersThe Governor in Council may, on the recommendation of the Treasury Board, by order,amend Schedule I by adding thereto the name of any department or ministry of state of the Government of Canada or any other portion of the public service of Canada; oramend Schedule II by adding thereto the name of any agency, board or commission or any Crown corporation within the meaning of Part X of the Financial Administration Act.
OrdersThe Governor in Council may, on the recommendation of the Treasury Board, by order, terminate the application of this Act in respect of any employee or group of employees to which this Act applies.
Related Amendments
[Amendments]
Coming into Force
Coming into forceThis Act shall come into force on the day immediately after the day on which this Act is assented to, but not before the twelfth hour after the time at which it is assented to.
(Section 3 and paragraph 21(a))DepartmentsDepartment for Women and Gender EqualityMinistère des Femmes et de l’Égalité des genresDepartment of Agriculture and Agri-FoodMinistère de l’Agriculture et de l’AgroalimentaireDepartment of Canadian HeritageMinistère du Patrimoine canadienDepartment of Citizenship and ImmigrationMinistère de la Citoyenneté et de l’ImmigrationDepartment of Crown-Indigenous Relations and Northern AffairsMinistère des Relations Couronne-Autochtones et des Affaires du NordDepartment of Employment and Social DevelopmentMinistère de l’Emploi et du Développement socialDepartment of the EnvironmentMinistère de l’EnvironnementDepartment of FinanceMinistère des FinancesDepartment of Fisheries and OceansMinistère des Pêches et des OcéansDepartment of Foreign Affairs, Trade and DevelopmentMinistère des Affaires étrangères, du Commerce et du DéveloppementDepartment of HealthMinistère de la SantéDepartment of Housing, Infrastructure and CommunitiesMinistère du Logement, de l’Infrastructure et des CollectivitésDepartment of Indigenous ServicesMinistère des Services aux AutochtonesDepartment of IndustryMinistère de l’IndustrieDepartment of JusticeMinistère de la JusticeDepartment of National DefenceMinistère de la Défense nationaleDepartment of National RevenueMinistère du Revenu nationalDepartment of Natural ResourcesMinistère des Ressources naturellesDepartment of Public Safety and Emergency PreparednessMinistère de la Sécurité publique et de la Protection civileDepartment of Public Works and Government ServicesMinistère des Travaux publics et des Services gouvernementauxDepartment of TransportMinistère des TransportsDepartment of Veterans AffairsMinistère des Anciens CombattantsDepartment of Western Economic DiversificationMinistère de la Diversification de l’économie de l’OuestOther Portions of the Public ServiceAdministrative Tribunals Support Service of CanadaService canadien d’appui aux tribunaux administratifsAgricultural Stabilization BoardOffice de stabilisation des prix agricolesAtlantic Canada Opportunities AgencyAgence de promotion économique du Canada atlantiqueCanada Communication GroupGroupe Communication CanadaCanada Industrial Relations BoardConseil canadien des relations industriellesCanadian Advisory Council on the Status of WomenConseil consultatif canadien sur la situation de la femmeCanadian Centre for Management DevelopmentCentre canadien de gestionCanadian Centre for Occupational Health and SafetyCentre canadien d’hygiène et de sécurité au travailCanadian Energy RegulatorRégie canadienne de l’énergieCanadian Environmental Advisory CouncilConseil consultatif canadien de l’environnementCanadian Grain CommissionCommission canadienne des grainsCanadian Human Rights CommissionCommission canadienne des droits de la personneCanadian Human Rights TribunalTribunal canadien des droits de la personneCanadian Intergovernmental Conference SecretariatSecrétariat des conférences intergouvernementales canadiennesCanadian International Trade TribunalTribunal canadien du commerce extérieurCanadian Nuclear Safety CommissionCommission canadienne de sûreté nucléaireCanadian Radio-Television and Telecommunications CommissionConseil de la radiodiffusion et des télécommunications canadiennesCanadian SecretariatSecrétariat canadienCanadian Security Intelligence ServiceService canadien du renseignement de sécuritéCanadian Space AgencyAgence spatiale canadienneCanadian Transportation Accident Investigation and Safety BoardBureau canadien d’enquête sur les accidents de transport et de la sécurité des transportsCivilian Review and Complaints Commission for the Royal Canadian Mounted PoliceCommission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du CanadaCommunications Security EstablishmentCentre de la sécurité des télécommunicationsCompetition TribunalTribunal de la concurrenceCopyright BoardCommission du droit d’auteurCorrectional Service of CanadaService correctionnel du CanadaCourts Administration ServiceService administratif des tribunaux judiciairesEconomic Council of CanadaConseil économique du CanadaFederal Environmental Assessment Review OfficeBureau fédéral d’examen des évaluations environnementalesFederal-Provincial Relations OfficeSecrétariat des relations fédérales-provincialesFederal Public Sector Labour Relations and Employment BoardCommission des relations de travail et de l’emploi dans le secteur public fédéralFisheries Prices Support BoardOffice des prix des produits de la pêcheGoods and Services Tax Consumer Information OfficeBureau d’information des consommateurs sur la taxe sur les produits et servicesGovernment House (Staff paid by Governor General)Résidence de Son Excellence le Gouverneur général (personnel rémunéré sur le traitement ou les allocations du gouverneur général)Government Telecommunications AgencyAgence des télécommunications gouvernementalesImmigration and Refugee Board of CanadaCommission de l’immigration et du statut de réfugié du CanadaIndian Oil and Gas CanadaPétrole et gaz des Indiens CanadaInternational Boundary CommissionCommission de la frontière internationaleInternational Joint Commission (Canadian Section)Commission mixte internationale (Section canadienne)Law Commission of CanadaCommission du droit du CanadaLibrary and Archives of CanadaBibliothèque et Archives du CanadaMachinery and Equipment Advisory BoardConseil consultatif de la machinerie et de l’équipementMedical Research Council of CanadaConseil de recherches médicales du CanadaNational Battlefields CommissionCommission des champs de bataille nationauxNational Farm Products Marketing CouncilConseil national de commercialisation des produits agricolesNational Film BoardOffice national du filmNational Research Council of CanadaConseil national de recherches du CanadaNational Security and Intelligence Review Agency SecretariatSecrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignementNational Transportation AgencyOffice national des transportsNatural Sciences and Engineering Research CouncilConseil de recherches en sciences naturelles et en génieNorthern Pipeline AgencyAdministration du pipe-line du NordOffice of the Auditor GeneralBureau du vérificateur généralOffice of the Chief Electoral OfficerBureau du Directeur général des électionsOffice of the Commissioner for Federal Judicial AffairsBureau du commissaire à la magistrature fédéraleOffice of the Commissioner of Official LanguagesCommissariat aux langues officiellesOffice of the Comptroller GeneralBureau du contrôleur général du CanadaOffice of the Correctional InvestigatorBureau de l’enquêteur correctionnelOffice of the Governor General’s SecretarySecrétariat du gouverneur généralOffice of the Superintendent of Financial InstitutionsBureau du Surintendant des institutions financièresOffices of the Information and Privacy Commissioners of CanadaCommissariats à l’information et à la protection de la vie privée du CanadaParole Board of CanadaCommission des libérations conditionnelles du CanadaPatented Medicine Prices Review BoardConseil d’examen du prix des médicaments brevetésPrairie Farm Rehabilitation AdministrationAdministration du rétablissement agricole des PrairiesPrivy Council OfficeBureau du Conseil privéProcurement Review BoardCommission de révision des marchés publicsPublic Service CommissionCommission de la fonction publiqueRoyal Canadian Mounted PoliceGendarmerie royale du CanadaRoyal Canadian Mounted Police External Review CommitteeComité externe d’examen de la Gendarmerie royale du CanadaScience Council of CanadaConseil des Sciences du CanadaSocial Sciences and Humanities Research CouncilConseil de recherches en sciences humainesSocial Security TribunalTribunal de la sécurité socialeStatistical Survey OperationsOpérations des enquêtes statistiquesStatistics CanadaStatistique CanadaSupreme Court of Canada, Staff ofCour suprême du Canada, Personnel de laTransportation Appeal Tribunal of CanadaTribunal d’appel des transports du CanadaTransportation Safety Board of CanadaBureau de la sécurité des transports CanadaTreasury Board SecretariatSecrétariat du Conseil du TrésorVeterans Review and Appeal BoardTribunal des anciens combattants (révision et appel)1991, c. 30, Sch. I; SOR/93-307; 1994, c. 31, s. 21, c. 38, ss. 23, 24, c. 41, ss. 31, 32; 1995, c. 1, ss. 57 to 59, c. 5, ss. 22, 23, c. 11, ss. 33, 34, c. 18, ss. 91, 92, c. 29, s. 32; 1996, c. 8, ss. 29, 30, c. 9, s. 29, c. 11, ss. 81 to 83, c. 16, ss. 49, 50; SOR/96-541; 1997, c. 9, ss. 114, 115; 1998, c. 9, ss. 46, 47, c. 26, ss. 79, 80; 1999, c. 31, s. 179; 2000, c. 34, s. 93(F); 2001, c. 29, ss. 60, 61; 2002, c. 8, ss. 162, 163; 2004, c. 11, ss. 43, 44; 2005, c. 10, ss. 32, 33, c. 34, ss. 75, 76, c. 35, s. 64; 2012, c. 1, s. 160, c. 19, ss. 279, 280, 592, 693, c. 31, s. 295; 2013, c. 18, ss. 57, 58, c. 33, ss. 188 to 190, c. 40, ss. 232, 233, 464, 465; 2014, c. 20, s. 459; 2015, c. 3, s. 149; 2017, c. 9, s. 57; 2018, c. 27, ss. 673, 6742019, c. 13, s. 442019, c. 13, s. 452019, c. 13, s. 862019, c. 13, s. 872019, c. 28, s. 1602019, c. 28, s. 1612019, c. 29, s. 3642019, c. 29, s. 3652024, c. 15, s. 337(Section 3 and paragraph 21(b))Agencies, Boards, Commissions and CorporationsCanada Council for the ArtsConseil des Arts du CanadaCanada Museums Construction Corporation Inc.Société de construction des musées du Canada Inc.Canadian Cultural Property Export Review BoardCommission canadienne d’examen des exportations de biens culturelsCanadian Dairy CommissionCommission canadienne du laitCanadian Livestock Feed BoardOffice canadien des provendesCanadian Museum for Human RightsMusée canadien des droits de la personneCanadian Museum of HistoryMusée canadien de l’histoireCanadian Museum of Immigration at Pier 21Musée canadien de l’immigration du Quai 21Canadian Museum of NatureMusée canadien de la natureDefence Construction (1951) Ltd.Construction de défense (1951) LimitéeNational Capital CommissionCommission de la capitale nationaleNational Gallery of CanadaMusée des Beaux-arts du CanadaNational Museum of Science and TechnologyMusée national des sciences et de la technologieOld Port of Montreal Corporation Inc.Société immobilière du Canada (Le Vieux-Port de Montréal) Limitée1991, c. 30, Sch. II; 2001, c. 34, s. 16; 2008, c. 9, s. 12; 2010, c. 7, s. 11; 2013, c. 38, ss. 21, 22; 2014, c. 20, s. 191RELATED PROVISIONS — 1993, c. 13, s. 26
Application of sections 2 to 8Notwithstanding subsections 29(1) and (2), no person shall be found guilty on account of any act or omission that, at the time of the act or omission, did not constitute an offence under any law of Canada.
 — 1995, c. 17, s. 5
TransitionalWhere, before or after the coming into force of section 3 of this Act but before that section ceases to be in force, an employee of a department or portion of the public service designated pursuant to paragraph 7.2(1)(a) of the Public Sector Compensation Act, as enacted by section 3 of this Act, becomes a surplus employee referred to in paragraph 7.2(1)(b) of the Public Sector Compensation Act, as enacted by section 3 of this Act, but has not yet ceased to be such an employee, the employee, on the coming into force of section 3 of this Act, becomes subject to the program within the meaning of section 7.2 of the Public Sector Compensation Act, as enacted by section 3 of this Act, and that section continues to apply to that employee, whether or not that section ceases to be in force.
 — 1995, c. 17, s. 6
ExpirationThe provisions of the Public Sector Compensation Act, as enacted by this Part, cease to be in force on the expiration of three years after the coming into force of this section.
AMENDMENTS NOT IN FORCE — 2024, c. 25, s. 130
Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”:Civilian Review and Complaints Commission for the Royal Canadian Mounted PoliceCommission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
 — 2024, c. 25, s. 131
Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Portions of the Public Service”:Public Complaints and Review CommissionCommission d’examen et de traitement des plaintes du public
2024, c. 152024-06-202019, c. 282019-08-282019, c. 132019-08-012019, c. 292019-07-152019, c. 132019-07-12