Bill C-66

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1992, c. 5	Airport Transfer (Miscellaneous Matters) Act
	*72. The heading before section 6 and sections 6 and 7 of the Airport Transfer (Miscellaneous Matters) Act* are repealed.**
R.S., c. F-7	Federal Court Act
1990, c. 8, s. 8	*73. Paragraph 28(1)(h) of the Federal Court Act* is replaced by the following:**
	(h) the Canada Industrial Relations Board established by the Canada Labour Code;
R.S., c. F-11	Financial Administration Act
1992, c. 1, s. 72(Sch. II); 1996, s. 11, s. 57	*74. Schedule I.1 to the Financial Administration Act* is amended by striking out the reference in column I to**
	Canada Labour Relations Board
	Conseil canadien des relations du travail
	and the corresponding reference in column II to the ``Minister of Human Resources Development''.
	75. Schedule I.1 to the Act is amended by adding the following in alphabetical order in column I:
	Canada Industrial Relations Board
	Conseil canadien des relations industrielles
	and a corresponding reference in column II to the ``Minister of Human Resources Development''.
1990, c. 3	Museums Act
	*76. (1) The portion of subsection 41(3) of the Museums Act* before paragraph (a) is replaced by the following:**
Order	(3) On application by a museum or bargaining agent to which subsection (1) applies, made within thirty days after the coming into force of this Act, the Canada Industrial Relations Board shall make an order determining
	(2) Subsection 41(4) of the English version of the Act is replaced by the following:
Notice to bargain	(4) Where the Canada Industrial Relations Board has made an order under subsection (3), the museum, as employer, or the bargaining agent may, by notice, require the other to commence collective bargaining for the purpose of entering into a collective agreement.
R.S., c. P-21	Privacy Act
1993, c. 34, s. 104(2)	*77. The schedule to the Privacy Act* is amended by striking out the following under the heading ``Other Government Institutions'':**
	Canada Labour Relations Board
	Conseil canadien des relations du travail
	*78. The schedule to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':*
	Canada Industrial Relations Board
	Conseil canadien des relations industrielles
1991, c. 30	Public Sector Compensation Act
	*79. Schedule I to the Public Sector Compensation Act* is amended by striking out the following under the heading ``Other Portions of the Public Service'':**
	Canada Labour Relations Board
	Conseil canadien des relations du travail
	*80. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Portions of the Public Service'':*
	Canada Industrial Relations Board
	Conseil canadien des relations industrielles
R.S., c. P-35	Public Service Staff Relations Act
1993, c. 34, s. 106(2)	*81. Part I of Schedule I to the Public Service Staff Relations Act* is amended by striking out the following:**
	Canada Labour Relations Board
	Conseil canadien des relations du travail
	82. Part I of Schedule I of the Act is amended by adding the following in alphabetical order:
	Canada Industrial Relations Board
	Conseil canadien des relations industrielles
1992, c. 33	Status of the Artist Act
	*83. Paragraph 9(3)(b) of the Status of the Artist Act* is replaced by the following:**
	(b) employees, within the meaning of Part I of the Canada Labour Code, including those determined to be employees by the Canada Industrial Relations Board, and members of a bargaining unit that is certified by that Board.
1996, c. 11, s. 88(E)	84. Subsection 60(2) of the Act is replaced by the following:
Certificate of Minister is evidence	(2) A certificate, purporting to be signed by the Minister or an official of the Federal Mediation and Conciliation Service, stating that any document referred to in this Part was or was not received or given by the Minister pursuant to this Part and, if received or given, stating the date that it was received or given, is admissible in evidence in any court without proof of the signature or official character of the Minister or official, or any further proof.
	References
Other references	85. The expression ``Canada Labour Relations Board'' is replaced by the expression ``Canada Industrial Relations Board'' in any other Act of Parliament and in any instrument made under an Act of Parliament, unless the context otherwise requires.
	TRANSITIONAL
Definitions	86. The following definitions apply in this section and sections 87 to 94.
``Chairperson' ' « président »	``Chairperson'' means the Chairperson of the new Board appointed under subsection 10(1) of the new Act.
``commence- ment day'' « date de référence »	``commencement day'' means the day on which this section and sections 87 to 94 come into force.
``former Act'' « ancienne loi »	*``former Act'' means the Canada Labour Code* as it read immediately before the commencement day.**
``former Board'' « ancien Conseil »	``former Board'' means the Canada Labour Relations Board continued by section 9 of the former Act.
``new Act'' « nouvelle loi »	*``new Act'' means the Canada Labour Code* as amended by this Act.**
``new Board'' « nouveau Conseil »	``new Board'' means the Canada Industrial Relations Board established by section 9 of the new Act.
Members cease to hold office	87. The members of the former Board cease to hold office on the commencement day.
Transfer of proceedings	88. (1) Subject to subsection (2), any proceeding that the former Board was seized of on the day immediately preceding the commencement day shall be transferred to and disposed of by the new Board in accordance with the new Act.
Continuing jurisdiction of members	(2) Any member of the former Board may, at the request of the Chairperson, continue to hear, consider or decide any matter that was before the member before the commencement day and in respect of which there was any proceeding in which they participated as a member.
Refusal to complete duties	(3) Where a member of a panel refuses to continue to hear, consider or decide any matter referred to in subsection (1), 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.
Powers	(4) For the purposes of subsection (2), the members of the former Board shall exercise the powers of the new Board.
Supervision by Chairperson	(5) The Chairperson of the new Board has supervision over and direction of the work of members of the former Board who exercise powers under subsection (4).
Fees	89. (1) Each member of the former Board who continues to hear, consider or decide any matter under subsection 88(2), shall be paid any fees for that member's services that may be fixed by the Governor in Council.
Travel and living expenses	(2) Each member of the former Board who exercises powers under subsection 88(4) is entitled to be paid reasonable travel and living expenses incurred by the member in the course of the member's duties under this Act while absent from the member's ordinary place of residence.
Limitation period	90. The Chairperson may withdraw from the members of the former Board any matter referred to in subsection 88(2) that is not disposed of within one year after the commencement day and determine the matter or assign it to a Vice-Chairperson or a panel of the new Board on such terms and conditions as the Chairperson may specify for the protection and preservation of the rights and interests of the parties.
Decisions continued	91. Any decision, including any order, determination or declaration, made by the former Board is deemed to have been made by the new Board.
Staff	92. (1) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former Board except that the employee shall, on the coming into force of this section, occupy their position in the new Board under the authority of the Chairperson.
Definition of ``employee''	*(2) In this section, ``employee'' has the same meaning as in subsection 2(1) of the Public Service Employment Act.*
Rights and obligations transferred	93. (1) 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	(2) Every reference to the former Board in a deed, contract or other document executed by the former Board in its own name shall, unless the context otherwise requires, be read as a reference to the new Board.
Transfer of appropria- tions	(3) Any amount appropriated for the fiscal year that includes the commencement day, 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 the commencement day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Board.
Continuation of legal proceedings	94. Any action, suit or other proceeding to which the former Board is party pending in any court on the commencement day 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.
When certain provisions apply	95. Subsections 71(1) and (2), 72(3) and 73(2), sections 74 to 79, subsection 82(1), sections 86, 87.1, 87.2 and 87.3 and paragraphs 89(1)(d) and (f) of the Canada Labour Code, as enacted by this Act, apply only with respect to disputes that arise in cases where notice to bargain collectively was given after the coming into force of the provision.
Application of paragraph 94(3)(d.2) of the Canada Labour Code	*96. Paragraph 94(3)(d.2) of the Canada Labour Code, as enacted by subsection 42(3) of this Act, applies only to strikes and lockouts that occur after the coming into force of that paragraph.*