ORGANIZATION

Board of Governors

7. The School shall have a Board of Governors composed of not more than fifteen governors, including a Chair and three ex officio governors.

27. Subsection 8(1) of the Act is replaced by the following:

Appointment

8. (1) The governors of the School, other than the Chair and ex officio governors, shall be appointed by the Governor in Council to hold office during pleasure for terms not exceeding three years, their terms being staggered so that not more than one half of their terms will expire in any year.

28. Subsection 10(3) of the Act is replaced by the following:

Ex officio governors

(3) The Secretary of the Treasury Board, the President of the Public Service Commission and the President of the School are ex officio governors.

29. Section 12 of the Act is replaced by the following:

Meetings

12. The Board is responsible for the conduct and management of the affairs of the School and shall meet at least twice during each fiscal year at the time and place determined by the Chair.

30. The headings before section 13 and sections 13 and 14 of the Act are replaced by the following:

OFFICERS AND EMPLOYEES

President

Appointment

13. (1) The Governor in Council shall, after consultation by the Minister with the Board, appoint an officer, to be called the President of the School, to hold office for a term not exceeding five years, and the President has the rank and status of a deputy minister.

Chief executive officer

(2) The President is the chief executive officer of the School and has supervision over and direction of the work and staff of the School.

Programs and studies

(3) In exercising supervision over the School and direction of its programs, the President shall take into consideration the policies of the Government of Canada as well as the learning, training and development needs and priorities of the Public Service as determined by the Treasury Board.

Acting President

(4) In the event of a vacancy in the office of President, the Board may appoint a senior officer of the School to act as President, but the term of such an appointment shall not exceed ninety days except with the approval of the Governor in Council.

Reappointmen t

14. On the expiration of any term of office, the President is eligible to be reappointed for a further term.

31. (1) Subsections 15(1) and (2) of the Act are replaced by the following:

Appointments under Public Service Employment Act

15. (1) The officers and employees necessary for the conduct of the work of the School shall be appointed in accordance with the Public Service Employment Act.

Other appointments

(2) Despite subsection (1), the President may, on behalf of the School, appoint and employ teaching and research staff and may, with the approval of the Treasury Board, establish the terms and conditions of their employment, including their remuneration.

(2) Subsections 15(3) and (4) of the English version of the Act are replaced by the following:

Act not applicable

(3) The Public Service Staff Relations Act does not apply to any person employed by the School under subsection (2).

Acts and regulations applicable

(4) Each person employed by the School under subsection (2) is deemed to be an employee for the purposes of the Government Employees Compensation Act, to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act, and to be employed in the Public Service for the purposes of the Public Service Superannuation Act.

2001, c. 4, s. 69(F)

32. Sections 16 to 18 of the Act are replaced by the following:

Contracts

16. The President may enter into contracts for the provision of teaching and research services to the School and for other professional services connected with the management of the programs of the School.

BY-LAWS

Power to make by-laws

17. The Board may make by-laws respecting the conduct and management of the affairs of the School, including the exercise of its powers under section 5, and may by those by-laws establish an executive committee and delegate to that committee any of its powers or functions.

FEES

Setting amount of fees

18. (1) The Board may, with the approval of the Treasury Board, prescribe the fees or the manner of determining the fees

    (a) to be charged for any service or for the use of any facility provided by the School; or

    (b) to be charged by the School when selling, licensing the use of or otherwise making available any copyright, trade-mark or other similar property right held, controlled or administered by the School.

Offset

(2) Subject to any conditions imposed by the Treasury Board, the revenue from fees received by the School in a fiscal year through the conduct of its operations may be spent by the School for its purposes in that, or the next, fiscal year.

33. The heading before section 19 of the Act is replaced by the following:

REVIEW AND REPORT

34. (1) Subsection 19(1) of the Act is replaced by the following:

Annual report

19. (1) Within four months after the end of each fiscal year, the Board shall submit to the Minister a report on the operations of the School.

(2) Subsection 19(3) of the Act is replaced by the following:

Review and report

(3) The Board shall, before December 1, 2006 and within every five years after that date, cause a review and report to be made of the activities and organization of the School.

35. Section 20 of the Act and the heading before it are repealed.

PART 5

TRANSITIONAL

DIVISION 1

TRANSITIONAL PROVISIONS ARISING FROM THE ENACTMENT OF THE PUBLIC SERVICE LABOUR RELATIONS ACT IN PART 1

Interpretation

Definitions

36. (1) The following definitions apply in this Division.

``Chairperson' '
« président »

``Chairperson'' means the Chairperson of the new Board.

``former Act''
« ancienne loi »

``former Act'' means the Public Service Staff Relations Act, being chapter P-35 of the Revised Statutes of Canada, 1985.

``former Board''
« ancienne Commission »

``former Board'' means the Public Service Staff Relations Board established by section 11 of the former Act.

``new Act''
« nouvelle loi »

``new Act'' means the Public Service Labour Relations Act, enacted by section 2 of this Act.

``new Board''
« nouvelle Commission »

``new Board'' means the Public Service Labour Relations Board established by section 12 of the new Act.

Meaning of other words

(2) Words and expressions used in this Division have the same meaning as in the former Act or the new Act, as the context requires.

Public Service Staff Relations Board

Certain members continue

37. Each member of the former Board, other than the Deputy Chairpersons, holding office immediately before the day on which section 12 of the new Act comes into force continues to hold office and is deemed to have been appointed under that section to hold office for the remainder of the term for which he or she had been appointed before the coming into force of that section.

Deputy Chairpersons

38. The Deputy Chairpersons of the former Board cease to hold office on the day on which section 12 of the new Act comes into force.

Transfer of proceedings

39. (1) Subject to this Division, any proceeding that the former Board was seized of immediately before the day on which section 12 of the new Act comes into force is transferred to the new Board to be disposed of in accordance with the new Act.

Continuing jurisdiction of Deputy Chairperson

(2) A Deputy Chairperson of the former Board may, at the request of the Chairperson, continue to hear, consider or decide any matter that was before the Deputy Chairperson before the day on which section 12 of the new Act comes into force and in respect of which there was any proceeding in which he or she participated.

Powers

(3) For the purposes of subsection (2), a Deputy Chairperson may exercise any of the powers of a panel of the new Board.

Refusal to complete duties

(4) If a Deputy Chairperson who was a member of a panel refuses to continue to hear, consider or decide any matter referred to in subsection (2), the chairperson of the panel may continue to hear, consider or decide the matter or the Chairperson may remove that matter from the panel and hear, consider or decide that matter or assign a Vice-Chairperson or a panel of the new Board to do so on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.

Supervision by Chairperson

(5) The Chairperson has supervision over and direction of the work of any Deputy Chairperson who continues to hear, consider or decide a matter under subsection (2).

Fees and expenses

40. A Deputy Chairperson of the former Board who continues to hear, consider or decide a matter under subsection 39(2)

    (a) is to be paid the fees for his or her services that may be fixed by the Governor in Council; and

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

Limitation period

41. The Chairperson may withdraw from a Deputy Chairperson of the former Board any matter referred to in subsection 39(2) that is not disposed of within one year after the day on which section 12 of the new Act comes into force and determine the matter or assign it to a panel of the new Board on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.

Secretary of former Board

42. (1) The person who, immediately before the day on which section 48 of the new Act comes into force, held the office of secretary of the former Board is deemed to have been appointed to the office of Executive Director of the new Board, without prejudice to any salary and benefits he or she may receive by virtue of having held that office before that day.

Officers and employees

(2) Nothing in the new Act affects the status of any person who was an officer or employee of the former Board immediately before the day on which section 49 of the new Act comes into force, except that, as of that day, the person is an officer or employee, as the case may be, of the new Board.

Rights and obligations transferred

43. All rights and property held by or in the name of or in trust for the former Board and all obligations and liabilities of the former Board are deemed to be rights, property, obligations and liabilities of the new Board.

References

44. Every reference to the former Board in a deed, contract or other document executed by the former Board in its own name is to be read as a reference to the new Board, unless the context otherwise requires.

Transfer of appropriations

45. Any amount appropriated, for the fiscal year that includes the day on which section 12 of the new Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Board and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Board.

Continuation of legal proceedings

46. Any action, suit or other proceeding, to which the former Board is a party, that is pending in any court on the day on which section 12 of the new Act comes into force may be continued by or against the new Board in the like manner and to the same extent as it could have been continued by or against the former Board.

Decisions, etc., continued

47. Every decision, order, determination and declaration made by the former Board is deemed to have been made by the new Board and may be enforced as such.

Bargaining Agents and Bargaining Units

Certification continued

48. (1) Each employee organization that, immediately before the day on which section 64 of the new Act comes into force, was certified as the bargaining agent for a bargaining unit continues to be certified as the bargaining agent for the bargaining unit.

Effects of certification

(2) Section 67 of the new Act applies as though the employee organization had been certified under the new Act.

Legal officers

49. (1) For the purposes of the new Act, including any application under section 58 of the new Act, an employee who, on or after the day on which the definition ``managerial or confidential position'' in subsection 2(1) of that Act comes into force, is employed as a legal officer in the Department of Justice or the Canada Customs and Revenue Agency is deemed not to be included in any unit determined, in accordance with the former Act, to constitute a unit of employees appropriate for collective bargaining.

New application required

(2) For greater certainty, any employee organization that wishes to represent employees in a bargaining unit that includes one or more employees referred to in subsection (1) must proceed by way of an application under section 54 of the new Act.

Managerial or Confidential Position

Certain positions continued

50. Every position that was a position referred to in any of paragraphs (a), (b), (e), (f) and (g) of the definition ``managerial or confidential position'' in subsection 2(1) of the former Act immediately before the day on which the definition ``managerial or confidential position'' in subsection 2(1) of the new Act comes into force is deemed, as of that day, to be a managerial or confidential position within the meaning of subsection 2(1) of the new Act.

Choice of Process for Dispute Resolution

Process for resolution of disputes

51. The process for resolution of a dispute specified by a bargaining agent for a bargaining unit and recorded by the former Board continues to be the process applicable to that bargaining unit until it is changed in accordance with the new Act.

Collective Agreements and Arbitral Awards

Collective agreements

52. Every collective agreement entered into under the former Act that is in force immediately before the day on which the definition ``collective agreement'' in subsection 2(1) of the new Act comes into force is deemed to be a collective agreement entered into under the new Act and continues in force until its term expires.

Arbitral awards

53. Every arbitral award made under the former Act that is in force immediately before the day on which the definition ``arbitral award'' in subsection 2(1) of the new Act comes into force is deemed to be an arbitral award made under the new Act and continues in force until its term expires.

Conciliators and Fact Finders

Conciliators

54. Every person appointed as a conciliator under section 53 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with that section and section 54 of the former Act, as those sections read immediately before that day, except that the references to ``Chairperson'' in section 54 of the former Act are to be read as references to the Chairperson of the new Board.

Fact finders

55. Every person appointed as a fact finder under section 54.1 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with section 54.4 of the former Act, as that section read immediately before that day and sections 54.1 to 54.6 of the former Act, as those sections read immediately before that day, apply after that day to the parties being assisted by the fact finder, except that the references in those sections to