Bill C-4

Transitional Provisions

199. (1) The Canada Labour Code, as it read immediately before the coming into force of this section, applies to

(a) any proceedings — commenced before that coming into force — with respect to which a health and safety officer or a regional health and safety officer may exercise powers or perform duties or functions under Part II of that Act, as it read immediately before that coming into force; and

(b) any procedure — commenced before that coming into force — relating to a refusal to work commenced under sections 128 to 129 of that Act, as it read immediately before that coming into force.

(2) With respect to directions issued by a health and safety officer under Part II of the Canada Labour Code, an employer, employee or trade union that feels aggrieved by a direction may appeal the direction in writing to an appeals officer within 30 days after the date of the direction being issued or confirmed in writing. The appeal is deemed to have been brought under subsection 146(1) of that Act.

(3) For the purposes of subsection (1), health and safety officers or regional health and safety officers designated under subsection 140(1) of the Canada Labour Code, as it read immediately before the coming into force of this section, continue to act, respectively, as health and safety officers or regional health and safety officers.

Consequential Amendments

National Energy Board Act

200. Subsection 9(4) of the National Energy Board Act is repealed.

Hazardous Materials Information Review Act

201. Paragraph 46(2)(c) of the Hazardous Materials Information Review Act is replaced by the following:

(c) any official of the Department of Employment and Social Development, any appeals officer within the meaning of subsection 122(1) of the Canada Labour Code, or any person to whom powers, duties or functions have been delegated by the Minister of Labour under subsection 140(1) of that Act, or under an agreement entered into under subsection 140(2), of that Act, for the purposes of the administration or enforcement of Part II of that Act;

Non-smokers’ Health Act

202. The definition “inspector” in subsection 2(1) of the Non-smokers’ Health Act is replaced by the following:

“inspector” means a person who is designated as an inspector under section 9;

Coming into Force

203. The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.

Division 6

Changes to the Canadian Ministry

Department of Human Resources and Skills Development Act

204. The long title of the Department of Human Resources and Skills Development Act is replaced by the following:

An Act respecting the Department of Employment and Social Development and to amend and repeal certain related Acts

205. Section 1 of the Act is replaced by the following:

1. This Act may be cited as the Department of Employment and Social Development Act.

206. The definition “Minister” in section 2 of the Act is replaced by the following:

“Minister” means the Minister of Employment and Social Development.

207. The headings before section 3 of the Act are replaced by the following:

PART 1

DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT

Continuation

208. Subsections 3(1) and (2) of the Act are replaced by the following:

3. (1) The Department of Human Resources and Skills Development is continued under the name of the Department of Employment and Social Development over which the Minister of Employment and Social Development, appointed by commission under the Great Seal, shall preside.

(2) The expressions “Employment and Social Development Canada” and “Emploi et Développement social Canada” in any document issued or executed in relation to the powers, duties and functions conferred on the Minister by this or any other Act are deem-ed to be references to the “Department of Employment and Social Development” and the “ministère de l’Emploi et du Développement social”, respectively.

209. Section 4 of the Act is replaced by the following:

4. (1) The Governor in Council may appoint an officer called the Deputy Minister of Employment and Social Development to hold office during pleasure and to be the deputy head of the Department.

(2) The Governor in Council may appoint one or more Associate Deputy Ministers of Employment and Social Development to hold office during pleasure and each shall have the rank and status of a deputy head of a department and exercise, under the Deputy Minister of Employment and Social Development, the powers and perform the duties and functions as deputies of the Minister and otherwise that the Minister may specify.

(3) The Governor in Council may designate the Deputy Minister of Employment and Social Development or one of the Associate Deputy Ministers to be Deputy Minister of Labour.

210. Paragraphs 20(2)(a) and (b) of the Act are replaced by the following:

(a) the Deputy Minister of Employment and Social Development, who shall be the Chairperson of the Commission;

(b) an Associate Deputy Minister of Employment and Social Development, who shall be the Vice-Chairperson of the Commission;

211. The Act is amended by adding the following before section 71:

70.1 This Part applies to the following Acts, programs and activities:

(a) the Canada Pension Plan;

(b) the Old Age Security Act;

(c) the Employment Insurance Act;

(d) the Canada Student Financial Assistance Act;

(e) the Canada Student Loans Act;

(f) the Canada Labour Code;

(g) any programs that are supported by grants or contributions under section 7; and

(h) any activities in respect of which the administration or enforcement is the responsibility of the Minister under the Immigration and Refugee Protection Regulations.

212. The portion of subsection 71(1) of the Act before paragraph (a) is replaced by the following:

71. (1) Subject to the regulations, the Minister may administer or enforce electronically the Acts, programs and activities referred to in paragraphs 70.1(a) to (e), (g) and (h), the Minister of Labour may administer or enforce electronically the Canada Labour Code and the Commission may administer or enforce elec- tronically the Employment Insurance Act, including for the purposes of

213. (1) Subsections 72(1) and (2) of the Act are replaced by the following:

72. (1) Unless another manner of filing a document or information is expressly required by a provision of an Act referred to in section 70.1 or any of its regulations, by a term or condition of a program referred to in paragraph 70.1(g) or by a provision of a regulation referred to in paragraph 70.1(h), the filing of an electronic version of the document or information is to be considered as the filing of a document or information in accordance with the provision or the term or condition.

(2) A provision of an Act referred to in section 70.1 or any of its regulations, or a term or condition of a program referred to in paragraph 70.1(g) or a provision of a regulation referred to in paragraph 70.1(h), that provides for a power to issue, prescribe or in any other manner establish a form or to establish the manner of filing a document or information includes the power to do so with respect to an electronic document or information.

(2) The portion of subsection 72(3) of the Act before paragraph (a) is replaced by the following:

(3) A requirement under a provision of an Act referred to in section 70.1 or any of its regulations, or a term or condition of a program referred to in paragraph 70.1(g) or a provision of a regulation referred to in paragraph 70.1(h), that a document be in writing or information be provided in writing is satisfied by an electronic document or information if the electronic document or information

(3) The portion of subsection 72(4) of the Act before paragraph (a) is replaced by the following:

(4) A requirement under a provision of an Act referred to in section 70.1 or any of its regulations, or a term or condition of a program referred to in paragraph 70.1(g) or a provision of a regulation referred to in paragraph 70.1(h), for a signature is satisfied by an electronic signature if the electronic signature

214. (1) Subparagraph 73(1)(c)(ii) of the English version of the Act is replaced by the following:

(ii) the date and hour when an electronic document or electronic information is deemed to be sent or received and the place where it is deemed to be sent or received,

(2) Paragraph 73(1)(g) of the Act is replaced by the following:

(g) respecting the establishment and operation of electronic systems or any other technology to be used in the administration or enforcement of an Act referred to in section 70.1, of a program referred to in paragraph 70.1(g) or of a provision of a regulation referred to in paragraph 70.1(h), and respecting the manner in which and the extent to which any provision of that Act or its regulations, any term or condition of that program or any provision of that regulation applies to the electronic systems; and

(3) Subsection 73(3) of the Act is replaced by the following:

(3) The Minister, the Minister of Labour or the Commission, as the case may be, shall ensure that any document that is incorporated by reference in a regulation in respect of which the administration or the enforcement is their responsibility is accessible.

Salaries Act

215. Paragraph 4.1(3)(z.2) of the Salaries Act is replaced by the following:

(z.2) the Minister of Employment and Social Development;

(z.21) the Minister of Infrastructure, Communities and Intergovernmental Affairs; and

216. Section 4.2 of the Act is replaced by the following:

4.2 The index referred to in subsections 4.1(2), (4) and (6) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Employment and Social Development within three months after the end of that calendar year.

Transitional Provisions

217. (1) Any person who holds the office of Deputy Minister of Human Resources and Skills Development or of Associate Deputy Minister of Human Resources and Skills Development immediately before the day on which this section comes into force is deemed to hold the office of Deputy Minister of Employment and Social Development or of Associate Deputy Minister of Employment and Social Development, respectively, as of that day.

(2) Any person who holds the office of Deputy Minister of Labour immediately before the day on which this section comes into force is deemed to have been designated Deputy Minister of Labour under subsection 4(3) of the Department of Employment and Social Development Act, as enacted by section 209 of this Act, as of that day.

218. Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the Department of Human Resources and Skills Development except that the employee, on the coming into force of this section, occupies their position in the Department of Employment and Social Development under the authority of the Minister of Employment and Social Development.

219. Any amount appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the Department of Human Resources and Skills Development that is unexpended is deemed to have been appropriated to defray the charges and expenses of the Department of Employment and Social Development.

220. If, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Minister of Human Resources and Skills Development, that power, duty or function is vested in or may be exercised or performed by the Minister of Employment and Social Development, the Deputy Minister of Employment and Social Development or the appropriate officer of the Department of Employment and Social Development, as the case may be.

Consequential Amendments

Access to Information Act

221. Schedule I to the Access to Information Act is amended by striking out the following under the heading “DEPARTMENTS AND MINISTRIES OF STATE”:

Department of Human Resources and Skills Development

222. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “DEPARTMENTS AND MINISTRIES OF STATE”:

Department of Employment and Social Development

Financial Administration Act

223. Schedule I to the Financial Administration Act is amended by striking out the following:

Department of Human Resources and Skills Development

224. Schedule I to the Act is amended by adding the following in alphabetical order:

Department of Employment and Social Development

225. Part I of Schedule VI to the Act is amended by striking out the following:

Department of Human Resources and Skills Development

226. Part I of Schedule VI to the Act is amended by adding the following in alphabetical order:

Department of Employment and Social Development

Privacy Act

227. The schedule to the Privacy Act is amended by striking out the following under the heading “DEPARTMENTS AND MINISTRIES OF STATE”:

Department of Human Resources and Skills Development

228. The schedule to the Act is amended by adding the following in alphabetical order under the heading “DEPARTMENTS AND MINISTRIES OF STATE”:

Department of Employment and Social Development

Family Orders and Agreements Enforcement Assistance Act

229. Paragraph (a) of the definition “information bank director” in section 2 of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following:

(a) with respect to any of the information banks controlled by the Department of Employment and Social Development that may be searched under this Part, the Minister of Employment and Social Development,

230. Section 6 of the Act is replaced by the following:

6. With the approval of the Governor in Council, the Minister of Employment and Social Development may, on behalf of the Government of Canada, enter into an agreement with each province providing a comprehensive pension plan, as defined under the Canada Pension Plan, for the purpose of obtaining the approval of that province for

(a) the creation, for the purposes of this Act, of an information bank to be controlled by the Department of Employment and Social Development in respect of contributors to and beneficiaries under that comprehensive pension plan; and

(b) the release of information under this Part from the information bank referred to in paragraph (a) and from any other information bank controlled by the Department of Employment and Social Development that contains information in respect of contributors to and beneficiaries under that comprehensive pension plan.

Income Tax Act

231. Subparagraph 241(4)(d)(x.1) of the Income Tax Act is replaced by the following:

(x.1) to an official of the Department of Employment and Social Development solely for the purpose of the administration or enforcement of a program established under the authority of the Department of Employment and Social Development Act in respect of children who are deceased or missing as a result of an offence, or a probable offence, under the Criminal Code,

Public Sector Compensation Act

232. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “DEPARTMENTS”:

Department of Human Resources and Skills Development

233. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “DEPARTMENTS”:

Department of Employment and Social Development

Canada Student Financial Assistance Act

234. Subsection 15(2) of the Canada Student Financial Assistance Act is repealed.

Immigration and Refugee Protection Act

235. The portion of subsection 30(1.43) of the Immigration and Refugee Protection Act before paragraph (a) is replaced by the following:

(1.43) If, in the view of the Department of Employment and Social Development, public policy considerations that are specified in instructions given by the Minister of Employment and Social Development justify it, that Department may

Terminology

236. (1) Every reference to the “Department of Human Resources and Skills Development Act” is replaced by a reference to the “Department of Employment and Social Development Act” in the following provisions:

(a) subsection 144(5.1) of the Canada Labour Code;

(b) in the Canada Pension Plan,

(i) subsections 38(1) and (3) and paragraph 38(4)(b),

(ii) section 82,

(iii) the portion of section 83 before paragraph (a), and

(iv) paragraph 108(3)(e);

(c) in the Employment Insurance Act,

(i) section 65.21,

(ii) paragraphs 77(1)(d.1) and (g),

(iii) section 113, and

(iv) subsection 114(1);

(d) paragraph 28(1)(g) of the Federal Courts Act as enacted by subsection 272(2) of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012;

(e) in the Income Tax Act,

(i) paragraph 56(1)(a.3),

(ii) subparagraph 110(1)(g)(i), and

(iii) the definition “qualifying educational program” in subsection 118.6(1);

(f) in the Labour Adjustment Benefits Act,

(i) the definition “Social Security Tribunal” in subsection 2(1), and

(ii) subsection 13(7); and

(g) in the Old Age Security Act,

(i) paragraph 5(3)(b),

(ii) subparagraph 19(6)(f)(ii),

(iii) subparagraph 21(9)(d)(ii), and

(iv) subsection 28(1).

(2) Unless the context requires otherwise, every reference to the Department of Human Resources and Skills Development Act in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Department of Employment and Social Development Act.

(3) Unless the context requires otherwise, “Department of Human Resources and Skills Development Act” is replaced by “Department of Employment and Social Development Act” in

(a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

(b) any other instrument made

(i) in the execution of a power conferred by or under an Act of Parliament, or

(ii) by or under the authority of the Governor in Council.

237. (1) Every reference to the “Department of Human Resources and Skills Development” is replaced by a reference to the “Department of Employment and Social Development” in the following provisions:

(a) in the Canada Labour Code,

(i) subsection 70.1(1), and

(ii) the definition “regional director” in section 166;

(b) in the Canada Pension Plan,

(i) paragraph 66(3)(d),

(ii) subsection 103(3), and

(iii) subsection 104.1(1);

(c) paragraph 81(d) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act;

(d) subsection 28(1) of the Canadian Human Rights Act;

(e) paragraph 107(5)(i) of the Customs Act;

(f) paragraph 6.7(d) of the Department of Veterans Affairs Act;

(g) section 15 of the Family Orders and Agreements Enforcement Assistance Act;

(h) paragraph 46(2)(c) of the Hazardous Materials Information Review Act;

(i) subsection 89(1.1) of the Immigration and Refugee Protection Act;

(j) paragraph 56(1)(n.1) of the Income Tax Act;

(k) subsections 28(2) and (5) of the Labour Adjustment Benefits Act;

(l) section 33.1 of the Old Age Security Act;

(m) section 67.1 of the Parliament of Canada Act;

(n) paragraph 109.2(d) of the Pension Act; and

(o) paragraph 30(2)(c) of the War Veterans Allowance Act.

(2) Unless the context requires otherwise, every reference to the Department of Human Resources and Skills Development in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Department of Employment and Social Development.

(3) Unless the context requires otherwise, “Department of Human Resources and Skills Development” is replaced by “Department of Employment and Social Development” in

(a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

(b) any other instrument made

(i) in the execution of a power conferred by or under an Act of Parliament, or

(ii) by or under the authority of the Governor in Council.

238. (1) Every reference to the “Minister of Human Resources and Skills Development” is replaced by a reference to the “Minister of Employment and Social Development” in the following provisions:

(a) subsection 212(2) of the Canada Labour Code;

(b) in the Canada Pension Plan,

(i) section 3,

(ii) subsection 4(3),

(iii) subsections 26.1(1) and (2),

(iv) section 27,

(v) paragraph 27.2(1)(a),

(vi) the definition “Minister” in subsection 42(1),

(vii) the definition “Minister” in section 91, and

(viii) the portion of subsection 117(1) before paragraph (a);

(c) the definition “Minister” in subsection 2(1) of the Canada Student Loans Act;

(d) the definition “Minister” in subsection 2(1) of the Employment Insurance Act;

(e) section 3 of the Energy Costs Assistance Measures Act;

(f) in the Federal-Provincial Fiscal Arrangements Act, chapter F-8 of the Revised Statutes of Canada, 1985,

(i) subsection 24.3(2),

(ii) the definition “Minister” in section 24.9,

(iii) section 25.8, and

(iv) paragraph 40(f);

(g) section 3 of the Government Annuities Act;

(h) in the Immigration and Refugee Protection Act,

(i) subsection 4(2.1),

(ii) subsection 92(1.1), and

(iii) section 93;

(i) in the Income Tax Act,

(i) subparagraph 118.5(1)(a)(ii), and

(ii) the definition “designated educational institution” in subsection 118.6(1);

(j) the definition “Minister” in subsection 2(1) of the Labour Adjustment Benefits Act;

(k) in the Old Age Security Act,

(i) the definition “Minister” in section 2, and

(ii) section 46;

(l) in the Unemployment Assistance Act,

(i) the definition “Minister” in section 2, and

(ii) section 6; and

(m) the definition “Minister” in section 2 of the Universal Child Care Benefit Act.

(2) Unless the context requires otherwise, every reference to the Minister of Human Resources and Skills Development in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Minister of Employment and Social Development.

(3) Unless the context requires otherwise, “Minister of Human Resources and Skills Development” is replaced by “Minister of Employment and Social Development” in

(a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

(b) any other instrument made

(i) in the execution of a power conferred by or under an Act of Parliament, or

(ii) by or under the authority of the Governor in Council.

Division 7

Dominion Coal Blocks

239. The following definitions apply in this Division.

“Crow’s Nest Pass Act” means An Act to authorize a Subsidy for a Railway through the Crow’s Nest Pass, chapter 5 of the Statutes of Canada 1897.

“Dominion Coal Blocks” means the selected land referred to in paragraph 1(i.) of the Crow’s Nest Pass Act, being

(a) Parcel Identifier 014-832-020, Parcel 73, shown on Plan DD 729 (F25(2)), District Lot 4589, Kootenay District, British Columbia; and

(b) Parcel Identifier 014-832-038, Parcel 82, shown on Plan DD 729 (F25(1)), District Lot 4589, Kootenay District, British Columbia, except Part included in Plan 6844.

“Minister” means the Minister designated under section 240, or, if none is designated, the Minister of Natural Resources.

240. The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Division.

241. Nothing in the Crow’s Nest Pass Act, in the agreement mentioned in that Act or in any covenant in the instrument conveying the Dominion Coal Blocks to His Majesty in right of Canada operates so as to limit the power of Her Majesty in right of Canada to hold, dispose of or otherwise deal with the Dominion Coal Blocks, or any part of the Dominion Coal Blocks or any interest in them, in any manner and on any conditions that Her Majesty in right of Canada considers appropriate.

242. (1) With the approval of the Governor in Council, and subject to any terms that the Governor in Council considers appropriate, the Minister may dispose of the Dominion Coal Blocks, or any part of the Dominion Coal Blocks or any interest in them, in any manner and on any conditions established under section 241.

(2) Despite subsection (1), the Minister may grant an easement over any part of the Dominion Coal Blocks without the approval of the Governor in Council.

(3) The Minister may do anything that he or she considers necessary to prepare the Dominion Coal Blocks, or any part of the Dominion Coal Blocks or any interest in them, for disposition.

(4) The Minister has the administration of the Dominion Coal Blocks.

243. A disposition under section 241 or subsection 242(1) or (2) may be effected by any instrument by which an interest in real property may be disposed of by a private person under the laws in force in British Columbia.

244. All obligations and liabilities of Her Majesty in right of Canada arising out of any of the matters referred to in paragraph 1(i.) of the Crow’s Nest Pass Act, and all rights acquired by any other party under any covenant in the instrument conveying the Dominion Coal Blocks to His Majesty in right of Canada relating to those matters, are extinguished.

245. No action or other proceeding, including any action or proceeding in restitution, or for damages of any kind, that is based on or is in relation to any agreement in respect of the Dominion Coal Blocks that existed on or before the coming into force of this section lies or may be instituted by anyone against Her Majesty in right of Canada or any minister or any employee or agent of Her Majesty in right of Canada, or any person engaged to provide advice or services to Her Majesty in right of Canada in relation to such an agreement, for anything done or omitted to be done or for anything purported to have been done or omitted to be done, in the exercise or performance of their powers, duties and functions.

246. No one is entitled to any compensation from Her Majesty in right of Canada in connection with the coming into force of section 244.

247. The money from a sale or other disposition made under section 241 or subsection 242(1) or (2) minus an amount equal to the amount paid or payable by Her Majesty in right of Canada, or any agent of Her Majesty in right of Canada, under an agreement relating to the disposition, including the management of that disposition, is public money for the purposes of the Financial Administration Act.

248. The Federal Real Property and Federal Immovables Act does not apply to any disposition of the Dominion Coal Blocks.

Division 8

Reorganization of Certain Crown Corporations (Bridges)

Interpretation

249. In this Division, “amalgamated corporation” means the corporation resulting from the amalgamation after which each of the corporations referred to in paragraphs 252(1)(a) to (d) has been amalgamated with at least one other corporation referred to in subsection 252(1).

Amalgamation

250. Despite section 103 of the Financial Administration Act, the directors of the Blue Water Bridge Authority may, under subsection 268(4) of the Canada Business Corporations Act, apply for a certificate of con-tinuance.

251. For the purposes of paragraph 90(1)(c) of the Financial Administration Act, The Federal Bridge Corporation Limited may, before any amalgamation referred to in subsection 252(1), amend its articles to make a material change in the objects or purposes for which it was incorporated, or the restrictions on the businesses or activities that it may carry on, as set out in its articles.

252. (1) For the purposes of paragraph 90(1)(e) of the Financial Administration Act and despite section 14 of An Act to incorporate St. Mary’s River Bridge Company, the amalgamation of the following corporations with each other is authorized, the amalgamation of any of the following corporations with the corporation that results from the amal- gamation of two or three of the other corporations is authorized and the amalgamation of any of the following corporations with any corporation that results from the amalgamation of two of the other corporations with the third corporation is authorized:

(a) The Federal Bridge Corporation Limited;

(b) St. Mary’s River Bridge Company;

(c) The Seaway International Bridge Corporation, Ltd.; and

(d) Blue Water Bridge Authority.

(2) The chief executive officer and the members of the board of directors of The Federal Bridge Corporation Limited continue as the chief executive officer and members of the board of directors, respectively, of

(a) the corporation that results from the amalgamation of The Federal Bridge Corporation Limited with either or both of the corporations referred to in paragraphs (1)(b) and (c); and

(b) the corporation that results from the amalgamation of either of the corporations referred to in paragraphs (1)(b) and (c) with the corporation that results from the amalgamation of The Federal Bridge Corporation Limited with the other of the corporations referred to in those paragraphs, if The Federal Bridge Corporation Limited amalgamated with only one of them.

253. The amalgamated corporation is an agent of Her Majesty in right of Canada.

254. The amalgamated corporation may enter into contracts with Her Majesty as though it were not an agent of Her Majesty.

255. The amalgamated corporation may borrow money otherwise than from the Crown, including by means of the issuance, sale and pledge of bonds, debentures, notes or other evidence of indebtedness, as long as the total principal amount of those borrowings that is outstanding does not exceed $130,000,000 at any time.

256. (1) The amalgamated corporation may fix and charge tolls, fees or other charges for the use of a bridge or tunnel that it owns or operates.

(2) The amalgamated corporation may authorize another person to fix or charge tolls, fees or other charges for the use of such a bridge or tunnel.

257. The Auditor General of Canada is the auditor of the amalgamated corporation.

258. Despite the provisions of any contract, agreement or order, no person who is appointed to hold office as a part-time member of the board of directors of The Federal Bridge Corporation Limited, of a corporation that results from an amalgamation referred to in subsection 252(2) or of Blue Water Bridge Authority 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 following any amalgamation referred to in subsection 252(1).

259. For the purposes of Part I of Sched- ule III to the Financial Administration Act, the reference in that Part to The Federal Bridge Corporation Limited is deemed to be a reference to the name of any corporation that results from an amalgamation referred to in subsection 252(1), if that name is “The Federal Bridge Corporation Limited”.

260. For the purposes of Schedule III to the Payments in Lieu of Taxes Act, the reference in that Schedule to The Federal Bridge Corporation Limited is deemed to be a reference to the name of any corporation that results from an amalgamation referred to in subsection 252(1), if that name is “The Federal Bridge Corporation Limited”.

Consequential Amendments

Financial Administration Act

261. Part I of Schedule III to the Financial Administration Act is amended by striking out the following:

Blue Water Bridge Authority

Canada Marine Act

262. Section 142 of the Canada Marine Act is repealed.

International Bridges and Tunnels Act

263. Items 26, 39, 42, 45 and 50 of the schedule to the International Bridges and Tunnels Act are repealed.

Repeals

264. An Act to incorporate the St. Mary River Bridge Company is repealed.

265. An Act to incorporate the St. Clair Transit Company is repealed.

266. An Act to incorporate Thousand Islands Bridge Company is repealed.

267. An Act to incorporate St. Mary’s River Bridge Company is repealed.

268. The Blue Water Bridge Authority Act is repealed.

Coming into Force

269. Sections 253 to 263 and 266 to 268 come into force on a day or days to be fixed by order of the Governor in Council.

Division 9

Financial Administration Act

270. Section 100 of the Financial Administration Act is replaced by the following:

100. (1) Subject to subsection (2), no agent corporation, for the purposes of securing payment of a debt or performance of an obligation, shall charge, mortgage, hypothecate, cede and transfer, pledge or otherwise create an interest in or charge on any property held by the corporation.

(2) Subject to any terms and conditions set out in the designation, an agent corporation designated by the Minister may pledge any securities or cash that it holds, or give deposits, as security for the payment or performance of any obligation of the corporation arising out of any derivative that it enters into or guarantees for the management of financial risks.

Division 10

National Research Council Act

271. Section 2 of the National Research Council Act is amended by adding the following in alphabetical order:

“Chairperson” means the Chairperson of the Council appointed under subsection 3(1);

272. Subsection 3(1) of the Act is replaced by the following:

3. (1) There is established a Council, to be called the National Research Council of Canada, consisting of a President, a Chairperson and not more than 10 other members, to be appointed by the Governor in Council.

273. Section 9 of the Act is replaced by the following:

9. (1) If the President is absent or unable to act or if the office of President is vacant, the Minister may appoint another person to act as President, but that person may act as President for a period of more than 90 days only with the approval of the Governor in Council.

(2) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Minister may appoint another person to act as Chairperson, but that person may act as Chairperson for a period of more than 90 days only with the approval of the Governor in Council.

274. Subsection 11(2) of the Act is repealed.

275. Section 13 of the Act is replaced by the following:

13. The Council shall meet at least three times a year at the times and places in Canada that the Chairperson may determine. The Chairperson presides at those meetings.

Division 11

Veterans Review and Appeal Board Act

276. Section 4 of the Veterans Review and Appeal Board Act is replaced by the following:

4. There is established an independent board, to be known as the Veterans Review and Appeal Board, consisting of not more than 25 permanent members to be appointed by the Governor in Council and any number of temporary members that are appointed under section 6.

Division 12

Canada Pension Plan Investment Board Act

Amendments to the Act

277. (1) Subsection 10(4) of the Canada Pension Plan Investment Board Act is replaced by the following:

(4) Before making a recommendation to the Governor in Council with respect to the appointment of directors and before making an appointment under subsection (8), the Minister shall

(a) have regard to the desirability of having on the board of directors

(i) directors who are representative of the various regions of Canada, and

(ii) a sufficient number of directors with proven financial ability or relevant work experience to enable the Board to effectively achieve its objects; and

(b) endeavour to ensure that no more than three of the 12 directors reside outside Canada.

(2) Subsection 10(9) of the Act is amended by adding “and” at the end of paragraph (f), by striking out “and” at the end of paragraph (g) and by repealing paragraph (h).

Coming into Force

278. Section 277 comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.

Division 13

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Amendments to the Act

279. Section 11 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

11. Nothing in this Act requires a legal counsel to disclose any communication that is subject to solicitor-client privilege.

280. Subsection 65(3) of the Act is replaced by the following:

(3) Any information disclosed by the Centre under subsection (1) may be used by an agency referred to in that subsection only as evidence of a contravention of Part 1, and any information disclosed by the Centre under subsection (2) may be used by an agency or body referred to in subsection (2) only for purposes relating to compliance with Part 1.

Coordinating Amendments

281. (1) In this section, “other Act” means the Jobs and Economic Growth Act.

(2) On the first day on which both section 1868 of the other Act and section 279 of this Act are in force, section 11 of the English version of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

11. Nothing in this Act requires a legal counsel to disclose any communication that is subject to solicitor-client privilege or, in Quebec, the professional secrecy of legal counsel.

(3) On the first day on which both paragraph 1882(d) of the other Act and section 280 of this Act are in force, subsection 65(3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

(3) Any information disclosed by the Centre under subsection (1) may be used by an agency referred to in that subsection only as evidence of a contravention of Part 1 or 1.1, and any information disclosed by the Centre under subsection (2) may be used by an agency or body referred to in subsection (2) only for purposes relating to compliance with Part 1 or 1.1.

Division 14

Mackenzie Gas Project Impacts Fund Act

Enactment of Act

282. The Mackenzie Gas Project Impacts Fund Act, whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted:

An Act to establish the Mackenzie Gas Project Impacts Fund

SHORT TITLE

1. This Act may be cited as the Mackenzie Gas Project Impacts Fund Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Mackenzie gas project” means the project proposed by a consortium led by Imperial Oil Resources Ventures Limited that includes the development of the natural gas fields of Niglintgak, Taglu and Parsons Lake, and the construction and operation of

(a) a gathering system related to those fields;

(b) a natural gas liquids pipeline;

(c) the natural gas pipeline that is the subject of the application GH-12004 made to the National Energy Board on October 7, 2004; and

(d) facilities related to the fields, the gathering system or the pipelines.

“regional organization” means an organization referred to in the schedule.

DESIGNATION OF MINISTER

3. The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purpose of this Act.

PURPOSE OF ACT

4. The purpose of this Act is to establish the Mackenzie Gas Project Impacts Fund in order to provide for contributions to regional organizations with respect to projects described in section 8.

MACKENZIE GAS PROJECT IMPACTS FUND

5. There is established in the accounts of Canada an account to be known as the Mackenzie Gas Project Impacts Fund.

6. On the requisition of the Minister, there is to be paid out of the Consolidated Revenue Fund and charged to the Mackenzie Gas Project Impacts Fund all contributions that are to be paid under section 8.

7. The Minister of Finance must, from the Consolidated Revenue Fund, credit to the Mackenzie Gas Project Impacts Fund interest — calculated in the manner and at the rate determined by the Governor in Council — on the balance from time to time of that Fund.

8. The Minister may provide contributions to regional organizations with respect to a project if the project

(a) mitigates the existing or anticipated socio-economic impacts on communities in the Northwest Territories arising from the Mackenzie gas project; and

(b) meets the criteria established and made publicly available by the Minister.

9. The Minister must, before providing a contribution to a regional organization, enter into an agreement with the organization respecting, among other things,

(a) the manner in which advances will be made in respect of contributions and when those advances will be made;

(b) the terms or conditions on which the contributions will be provided; and

(c) the evaluation of the regional organization’s performance in achieving the objectives associated with the provision of contributions for eligible projects and the evaluation of the results of the projects that are funded.

AMENDMENT OF SCHEDULE

10. The Governor in Council may, by order made on the recommendation of the Minister, add or delete the name of any organization to or from the schedule.

PAYMENT OUT OF THE CONSOLIDATED REVENUE FUND

11. (1) From the Consolidated Revenue Fund, there may, on the requisition of the Minister of Finance made on the recommendation of the Minister, be credited to the Mackenzie Gas Project Impacts Fund payments not greater than, in the aggregate, $500,000,000.

(2) The Minister may only make the recommendation if the Mackenzie gas project has not been terminated and the Minister is of the opinion that progress is being made on the project.

Consequential Amendments

Access to Information Act

283. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Corporation for the Mitigation of Mackenzie Gas Project Impacts

Financial Administration Act

284. Part I of Schedule III to the Financial Administration Act is amended by striking out the following:

Corporation for the Mitigation of Mackenzie Gas Project Impacts

Privacy Act

285. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Corporation for the Mitigation of Mackenzie Gas Project Impacts

Budget Implementation Act, 2006

286. Section 209 of the Budget Implementation Act, 2006 is repealed.

Repeal

287. The Mackenzie Gas Project Impacts Act is repealed.

Division 15

Conflict of Interest Act

288. (1) Paragraph (e) of the definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is replaced by the following:

(e) a person or a member of a class of persons if the person or class of persons is designated under subsection 62.1(1) or 62.2(1).

(2) Paragraph (f) of the definition “reporting public office holder” in subsection 2(1) of the Act is replaced by the following:

(f) a person or a member of a class of persons if the person or class of persons is designated under subsection 62.1(2) or 62.2(2).

289. The Act is amended by adding the following before section 63:

62.1 (1) The appropriate minister of the Crown may designate a full-time ministerial appointee as a public office holder for the purpose of paragraph (e) of the definition “public office holder” in subsection 2(1).

(2) The appropriate minister of the Crown may designate a full-time ministerial appointee who is a public office holder as a reporting public office holder for the purpose of paragraph (f) of the definition “reporting public office holder” in subsection 2(1).

62.2 (1) The Governor in Council may, by order, designate any person or class of persons as public office holders for the purpose of paragraph (e) of the definition “public office holder” in subsection 2(1).

(2) The Governor in Council may, by order, designate any person who is a public office holder or any class of persons who are public office holders as reporting public office holders for the purpose of paragraph (f) of the definition “reporting public office holder” in subsection 2(1).

Division 16

Immigration and Refugee Protection Act

Amendments to the Act

290. Part 1 of the Immigration and Refugee Protection Act is amended by adding the following after the heading “IMMIGRATION TO CANADA”:

Division 0.1

Invitation to Make an Application

10.1 (1) A foreign national who seeks to enter or remain in Canada as a member of a class that is referred to in an instruction given under paragraph 10.3(1)(a) may make an application for permanent residence only if the Minister has issued them an invitation to do so, the invitation has not been cancelled under subsection 10.2(5) and the applicable period specified in an instruction given under paragraph 10.3(1)(k) has not expired.

(2) An instruction may be given under paragraph 10.3(1)(a) only in respect of a class that is part of the economic class referred to in subsection 12(2).

(3) A foreign national who wishes to be invited to make an application must submit an expression of interest to the Minister by means of an electronic system in accordance with instructions given under section 10.3 unless the instructions provide that they may do so by other means.

(4) A foreign national may not submit an expression of interest if they have been determined to be — and continue to be — inadmissible for misrepresentation.

(5) A foreign national who has submitted an expression of interest may not submit another one before the expiry of the period referred to in an instruction given under paragraph 10.3(1)(f).

(6) A foreign national who is invited to make an application must, before making the application, advise the Minister of any change in their circumstances that relates to any of the criteria on the basis of which they were invited.

10.2 (1) In processing an expression of interest, the Minister

(a) is to determine whether the foreign national is eligible to be invited to make an application by applying the criteria set out in instructions given under paragraph 10.3(1)(e) and is to advise the foreign national of the determination in accordance with instructions given under paragraph 10.3(1)(l); and

(b) subject to subsection (2), is to determine whether, in accordance with instructions given under paragraph 10.3(1)(i), the foreign national occupies the rank required to be invited to make an application and, if so, is to issue the invitation in accordance with instructions given under paragraph 10.3(1)(l).

(2) A determination under paragraph (1)(b) may be made only if the number of invitations that have been issued is less than the number provided for in an instruction given under paragraph 10.3(1)(j).

(3) The Minister is to use an electronic system to carry out any applicable instruction given under subsection 10.3(1) and to make a determination under paragraph (1)(a) or (b).

(4) An expression of interest must be processed in compliance with any applicable instruction.

(5) The Minister may cancel an invitation to make an application if

(a) the invitation was issued in error; or

(b) a change in the foreign national’s circumstances results in their no longer meeting the criteria on the basis of which they were invited.

10.3 (1) The Minister may give instructions governing any matter relating to invitations to make an application referred to in subsection 10.1(1), including instructions respecting

(a) the classes in respect of which subsection 10.1(1) applies;

(b) the electronic system referred to in subsections 10.1(3) and 10.2(3);

(c) the submission and processing of an expression of interest by means of the electronic system;

(d) the circumstances in which an expression of interest may be submitted by means other than the electronic system and respecting those other means;

(e) the criteria that a foreign national must meet to be eligible to be invited to make an application;

(f) the period during which a foreign national remains eligible to be invited to make an application;

(g) the personal information that the Minister may disclose under section 10.4 and the entities to which that information may be disclosed;

(h) the basis on which an eligible foreign national may be ranked relative to other eligible foreign nationals;

(i) the rank an eligible foreign national must occupy to be invited to make an application;

(j) the number of invitations that may be issued within a specified period, including in respect of a class referred to in an instruction given under paragraph (a);

(k) the period within which an application must be made once an invitation has been issued; and

(l) the means by which a foreign national is to be advised of any matter relating to their expression of interest, including an invitation to make an application.

(2) For greater certainty, an instruction given under paragraph (1)(j) may provide that the number of invitations that may be issued in any specified period in respect of a class be zero.

(3) An instruction given under any of paragraphs (1)(a), (b) and (f) to (l) applies in respect of an expression of interest that is submitted before the day on which the instruction takes effect, unless the instruction provides otherwise.

(4) Instructions given under subsection (1) must be published on the Department of Citizenship and Immigration’s Internet site. Instructions given under any of paragraphs (1)(a), (d) to (g), (k) and (l) must also be published in the Canada Gazette.

(5) For greater certainty, an instruction given under subsection (1) may provide for criteria that are more stringent than the criteria or requirements provided for in or under any other Division of this Act regarding applications for permanent residence.

10.4 For the purpose of facilitating the selection of a foreign national as a member of the economic class or as a temporary resident, the Minister may disclose personal information provided to him or her by the foreign national under section 10.1 and referred to in an instruction given under paragraph 10.3(1)(g) to an entity that is referred to in an instruction given under that paragraph.

291. Subsection 25(1.2) of the Act is amended by adding the following after paragraph (a):

(a.1) the request is for an exemption from any of the criteria or obligations of Division 0.1;

292. (1) Subsection 91(1) of the Act is replaced by the following:

91. (1) Subject to this section, no person shall knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

(2) Subsections 91(3) to (5) of the Act are replaced by the following:

(3) A student-at-law does not contravene subsection (1) by offering or providing representation or advice to a person if the student-at-law is acting under the supervision of a person mentioned in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

(4) An entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with the submission of an expression of interest under subsection 10.1(3) or an application under this Act, including for a permanent or temporary resident visa, travel documents or a work or study permit, does not contravene subsection (1) if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services.

(5) The Minister may, by regulation, designate a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

(3) Paragraph 91(7)(b) of the English version of the Act is replaced by the following:

(b) providing that members or classes of members of a body that has ceased to be a designated body under that subsection continue for a specified period to be authorized to represent or advise a person for consideration— or offer to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act without contravening subsection (1).

Coming into Force

293. The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.

Division 17

Public Service Labour Relations

Public Service Labour Relations Act

Amendments to the Act

294. (1) The definition “essential services agreement” in subsection 4(1) of the Public Service Labour Relations Act is repealed.

(2) The definition “essential service” in subsection 4(1) of the Act is replaced by the following:

“essential service” means a service, facility or activity of the Government of Canada that has been determined under subsection 119(1) to be essential.

(3) Subsection 4(2) of the Act is repealed.

295. Section 13 of the Act is replaced by the following:

13. The Board’s mandate is to provide adjudication services and mediation services in accordance with this Act.

296. Section 16 of the Act is repealed.

297. (1) Paragraph 39(h) of the Act is repealed.

(2) Paragraph 39(j) of the Act is replaced by the following:

(j) the specification of the times within which notices, other than those referred to in subsections 124(1) and (2), and other documents are to be sent or given under this Part, the persons to whom they are to be sent or given and when they are deemed to have been sent, given or received;

298. Section 53 of the Act and the heading before it are repealed.

299. Section 67 of the Act is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).

300. Subsections 79(1) and (2) of the Act are replaced by the following:

79. (1) If, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organ- izations, other than as a result of a revocation of certification, an employee organization succeeds another one that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor is deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, an arbitral award or otherwise.

(2) If any question arises in respect of the merger, amalgamation or transfer of jurisdiction concerning the rights, privileges and duties of an employee organization under this Part or under a collective agreement or an arbitral award in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained.

301. Subsection 101(1) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

302. The heading “Choice of Process for Dispute Resolution” before section 103 and sections 103 and 104 of the Act are replaced by the following:

Process for Dispute Resolution

103. Subject to section 104, the process for the resolution of disputes between an employer and the bargaining agent for a bargaining unit is conciliation.

104. (1) The employer and the bargaining agent for a bargaining unit may, by agreement in writing, choose arbitration as the process for the resolution of disputes. If the employer is a separate agency, it may enter into such an agreement only with the approval of the President of the Treasury Board.

(2) If, on the day on which notice to bargain collectively may be given, 80% or more of the positions in the bargaining unit have been designated under section 120, the process for the resolution of disputes between the employer and the bargaining agent is arbitration.

303. Subsections 105(1) and (2) of the Act are replaced by the following:

105. (1) After the Board has certified an employee organization as the bargaining agent for a bargaining unit, the bargaining agent or the employer may, by notice in writing, require the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement.

(2) Subject to subsection (2.1), the notice to bargain collectively may be given

(a) at any time, if no collective agreement or arbitral award is in force and no request for arbitration has been made by either of the parties in accordance with this Part; or

(b) if a collective agreement or arbitral award is in force, within the 12 months before it ceases to be in force.

(2.1) In the case of the bargaining agent for a bargaining unit that has never been bound by a collective agreement or arbitral award to which the employer is a party, the notice to bargain collectively may not be given until the expiry of 60 days after the day on which the employer gives to the bargaining agent the notice required by section 121.

304. (1) The portion of section 107 of the Act before paragraph (a) is replaced by the following:

107. Unless the parties otherwise agree, and subject to subsection 125(1), after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day on which the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or

(2) Paragraph 107(a) of the French version of the Act is replaced by the following:

305. Sections 119 to 134 of the Act are replaced by the following:

119. (1) The employer has the exclusive right to determine whether any service, facility or activity of the Government of Canada is essential because it is or will be necessary for the safety or security of the public or a segment of the public.

(2) Nothing in this Act is to be construed as limiting the employer’s right under subsection (1).

120. (1) The employer has the exclusive right to designate the positions in a bargaining unit that include duties that, in whole or in part, are or will be necessary for the employer to provide essential services, and the employer may exercise that right at any time.

(2) Nothing in this Act is to be construed as limiting the employer’s right under subsection (1).

121. (1) The employer must notify in writing a bargaining agent that represents a bargaining unit that the employer either has, or has not, under section 120 designated positions in the bargaining unit.

(2) If the notice is to the effect that the employer has designated positions, the notice must identify the designated positions.

(3) The notice must be given not later than three months before the first day on which a notice to bargain collectively may be given. However, in the case of an employee organization that is certified as the bargaining agent for a bargaining unit after the day on which this section comes into force, the notice must be given within 60 days after the certification.

(4) The employer must notify the Board of the date the notice was given under subsection (1) to the bargaining agent.

122. (1) If the notice under subsection 121(1) is to the effect that the employer has designated positions, the employer must, after giving the notice, without delay, begin consultations with the bargaining agent about the designated positions that are identified in the notice. Those consultations must end 60 days after the day on which the notice is given.

(2) Within the 30 days that follow the end of the 60 days, the employer must notify the bargaining agent of the positions in the bargaining unit that the employer has or will designate under section 120.

123. If a position that is designated by the employer under section 120 becomes vacant, the employer may identify a position of the same type as a replacement position. If the employer does so, the employer must provide the bargaining agent with a notice of replacement.

124. (1) As soon as feasible after designating a position under section 120, the employer must provide the employee who occupies the position with a notice informing the employee that they occupy such a position.

(2) A notice given under this section remains valid as long as the employee continues to occupy the position unless the employer notifies the employee that the position occupied by them is no longer necessary for the employer to provide essential services.

125. (1) Unless the parties otherwise agree, every term and condition of employment applicable to employees in a bargaining unit in respect of which a notice to bargain collectively is given that may be included in a collective agreement and that is in force on the day on which the notice is given remains in force in respect of any employee who occupies a position that is designated under section 120 and must be observed by the employer, the bargaining agent for the bargaining unit and the employee until a collective agreement is entered into.

(2) Nothing in this Act is to be construed as limiting the employer’s right to require that an employee who occupies a position that is designated under section 120 perform all of the duties assigned to that position and be available during his or her off-duty hours to report to work without delay to perform those duties if required to do so by the employer.

306. Paragraph 135(a) of the French version of the Act is replaced by the following:

307. (1) Section 148 of the Act is replaced by the following:

Making of Arbitral Award

148. (1) In determining whether compensation levels and other terms and conditions represent a prudent use of public funds and are sufficient to allow the employer to meet its operational needs, the arbitration board is to be guided by and to give preponderance to the following factors in the conduct of its proceedings and in making an arbitral award:

(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; and

(b) Canada’s fiscal circumstances relative to its stated budgetary policies.

(2) If relevant to the making of a determination under subsection (1), the arbitration board may take any of the following factors into account:

(a) relationships with compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;

(b) the compensation and other terms and conditions of employment relative to employees in similar occupations in the private and public sectors, including any geographical, industrial or other variations that the arbitration board considers relevant;

(c) compensation and other terms and conditions of employment that are reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and

(d) the state of the Canadian economy.

(2) Section 148 of the Act is amended by adding the following after subsection (2):

(3) Nothing in subsections (1) and (2) precludes the operation of sections 17 to 19 of the Public Sector Equitable Compensation Act.

308. The heading before section 149 of the Act is repealed.

309. Subsection 149(1) of the Act is replaced by the following:

149. (1) The arbitration board must make an arbitral award as soon as feasible in respect of all the matters in dispute that are referred to it and set out in the award the reasons for its decision in respect of each of those matters.

(1.1) The arbitration board must not make an arbitral award without having taken into account all terms and conditions of employment of, and benefits provided to, the employees in the bargaining unit to which the award re-lates, including salaries, bonuses, allowances, vacation pay, employer contributions to pension funds or plans and all forms of health plans and dental insurance plans.

310. The Act is amended by adding the following after section 158:

Review

158.1 (1) Within seven days after the day on which an arbitral award is made, the Chairperson may direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 based on a full consideration of the written submissions provided to the arbitration board.

(2) On application by either party to an arbitral award, made within seven days after the day on which the arbitral award is made, the Chairperson may, within seven days after the day on which the application is made, direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 based on a full consideration of the written submissions provided to the arbitration board.

(3) Within 30 days after the day on which the Chairperson directs it to review the arbitral award, or any part of it, the arbitration board must either confirm the award or amend it and provide the Chairperson with reasons in writing for doing so. If the arbitral award is amended, the arbitration board must also provide the Chairperson with a copy of the amended arbitral award.

(4) The Chairperson must, without delay, inform the parties of the arbitration board’s decision and provide them with a copy of that board’s reasons in writing. If the arbitral award is amended, the Chairperson must also provide the parties with a copy of the amended arbitral award.

(5) For greater certainty, the arbitration board’s power to amend the arbitral award is restricted to amending it only in relation to the matters in dispute that were originally referred to it.

311. Paragraph 160(a) of the French version of the Act is replaced by the following:

312. Subsection 164(1) of the Act is replaced by the following:

164. (1) The public interest commission consists of either a single member appointed in accordance with section 165 or, subject to subsection (2), three members, appointed in accordance with section 167.

313. Sections 165 and 166 of the Act are replaced by the following:

165. (1) If the public interest commission is to consist of a single member, the Chairperson must submit to the Minister the name of a person jointly recommended by the bargaining agent and the employer. If no person is so recommended, the Chairperson may, at his or her discretion, recommend the appointment of a particular person.

(2) After receiving the recommendation, the Minister must, without delay, appoint the person recommended.

314. Subsections 167(3) to (5) of the Act are replaced by the following:

(3) Within five days after the day on which the second member is appointed, the two members must nominate a person to be the chairperson and third member of the public interest commission, and the Chairperson must recommend to the Minister the appointment of that person. The Minister must appoint the person, without delay, as chairperson and third member of the commission.

(4) If the two members fail to make a nomination under subsection (3), the Chairperson must, without delay, recommend to the Minister the appointment of a particular person as the chairperson and third member of the public interest commission.

(5) After receiving the recommendation, the Minister must, without delay, appoint the person recommended as the chairperson and third member of the public interest commission.

315. Subsection 170(1) of the Act is replaced by the following:

170. (1) In the event of the death, incapacity or resignation of the member of a public interest commission that consists of a single member before the commission makes a report to the Chairperson, the Chairperson must recommend to the Minister the appointment of another person under section 165 and the Minister must, without delay, appoint that person. That person must recommence the conciliation proceedings from the beginning.

316. (1) Section 175 of the Act is replaced by the following:

175. (1) In determining whether compensation levels and other terms and conditions represent a prudent use of public funds and are sufficient to allow the employer to meet its operational needs, the public interest commission is to be guided by and to give preponderance to the following factors in the conduct of its proceedings and in making a report to the Chairperson:

(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; and

(b) Canada’s fiscal circumstances relative to its stated budgetary policies.

(2) If relevant to the making of a determination under subsection (1), the public interest commission may take any of the following factors into account:

(a) relationships with compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;

(b) the compensation and other terms and conditions of employment relative to employees in similar occupations in the private and public sectors, including any geographical, industrial or other variations that the public interest commission considers relevant;

(c) compensation and other terms and conditions of employment that are reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and

(d) the state of the Canadian economy.

(2) Section 175 of the Act is amended by adding the following after subsection (2):

(3) Nothing in subsections (1) and (2) precludes the operation of sections 20 and 21 of the Public Sector Equitable Compensation Act.

317. Section 176 of the Act is amended by adding the following after subsection (1):

(1.1) The public interest commission must set out in the report the reasons for each of its recommendations.

(1.2) The public interest commission must not submit its report without having taken into account all terms and conditions of employment of, and benefits provided to, the employees in the bargaining unit to which the report relates, including salaries, bonuses, allowances, vacation pay, employer contributions to pension funds or plans and all forms of health plans and dental insurance plans.

318. Section 179 of the Act is replaced by the following:

179. The Chairperson may direct the public interest commission to reconsider and clarify or amplify its report or any part of it if in his or her opinion section 175 has not been properly applied.

319. (1) Subsection 182(1) of the Act is replaced by the following:

182. (1) Despite any other provision of this Part, the employer and the bargaining agent for a bargaining unit may, at any time in the negotiation of a collective agreement, agree to refer any term or condition of employment of employees in the bargaining unit that may be included in a collective agreement to any eligible person for final and binding determination by whatever process the employer and the bargaining agent agree to. If the employer is a separate agency, it may enter into such an agreement to refer a term or condition for final and binding determination only with the approval of the President of the Treasury Board.

(2) Subsection 182(2) of the French version of the Act is replaced by the following:

320. Paragraph 190(1)(f) of the Act is replaced by the following:

(f) the employer, a bargaining agent or an employee has failed to comply with subsection 125(1) (duty to observe terms and conditions); or

321. Paragraph 192(1)(a) of the Act is replaced by the following:

(a) if the employer has failed to comply with section 107 or subsection 125(1), an order requiring the employer to pay to any employee compensation that is not more than the amount that, in the Board’s opinion, is equivalent to the remuneration that would, but for that failure, have been paid by the employer to the employee;

322. (1) Paragraph 194(1)(e) of the French version of the Act is replaced by the following:

(2) Paragraphs 194(1)(f) to (j) of the Act are replaced by the following:

(f) the process for resolution of a dispute applicable to the bargaining unit is conciliation and a notice has been given under section 121 to the effect that the employer has, under section 120, designated positions in the bargaining unit and the employer has not notified the bargaining agent under subsection 122(2);

(3) Paragraph 194(1)(k) of the French version of the Act is replaced by the following:

(4) Subsection 194(2) of the Act is replaced by the following:

(2) No employee organization shall declare or authorize a strike the effect of which is or would be to involve the participation of any employee who occupies a position that is designated under section 120, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of a strike in respect of a bargaining unit or the participation of those employees in a strike.

323. (1) Paragraph 196(e) of the French version of the Act is replaced by the following:

(2) Paragraphs 196(f) to (k) of the Act are replaced by the following:

(f) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice has been given under section 121 to the effect that the employer has, under section 120, designated positions in the bargaining unit and the employer has not notified the bargaining agent under subsection 122(2);

(g) occupies a position that has been designated under section 120;

(3) Paragraph 196(l) of the French version of the Act is replaced by the following:

324. Section 199 of the Act is replaced by the following:

199. No person shall impede or prevent or attempt to impede or prevent an employee from entering or leaving the employee’s place of work if the employee occupies a position that is designated under section 120.

325. (1) Subsection 208(2) of the Act is replaced by the following:

(2) An employee may not present an individ- ual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament.

(2) Subsection 208(4) of the Act is replaced by the following:

(4) Unless the grievance is in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, an employee who is included in a bargaining unit may present an individual grievance only if the employee has the approval of and is represented by the bargaining agent for the bargaining unit.

(3) Section 208 of the Act is amended by adding the following after subsection (7):

(8) An individual grievance in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act must be presented at the first level in the grievance process within one year after the last of the acts or omissions that gave rise to the grievance, or any longer period that the Board considers appropriate in the circumstances.

(9) An individual grievance may be dismissed at any level of the grievance process if the grievance is considered to be trivial, frivolous, vexatious or made in bad faith. If it is dismissed, the employee must be informed in writing of the dismissal and the reasons for it.

326. (1) Subsection 209(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:

(c.1) a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act; or

(2) Subsection 209(2) of the Act is replaced by the following:

(2) Unless the grievance is in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, an employee who is included in a bargaining unit may refer an individual grievance to adjudication only if the bargaining agent for the bargaining unit has agreed to represent the employee in the adjudication proceedings.

327. Section 210 of the Act is repealed.

328. Section 211 of the Act is renumbered as subsection 211(1) and is amended by adding the following:

(2) Subsection (1) does not apply in respect of the referral to adjudication of an individual grievance in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.

329. Subsection 215(4) of the Act is replaced by the following:

(4) A bargaining agent may not present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament.

330. Section 217 of the Act is repealed.

331. Subsections 220(1) and (2) of the Act are replaced by the following:

220. (1) If the employer and a bargaining agent are bound by an arbitral award or have entered into a collective agreement and the employer or the bargaining agent seeks to enforce an obligation that is alleged to arise out of the award or agreement, other than an obligation the enforcement of which may be the subject of a grievance of an employee in the bargaining unit to which the agreement or award applies, either of them may present a policy grievance to the other.

(2) Neither the employer nor a bargaining agent may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament.

332. Section 222 of the Act is repealed.

333. (1) Paragraph 226(1)(h) of the Act is replaced by the following:

(h) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of the Canadian Human Rights Act;

(2) Paragraph 226(1)(j) of the Act is replaced by the following:

(j) summarily dismiss grievances that in the adjudicator’s opinion are trivial, frivolous, vexatious or made in bad faith.

334. Section 232 of the Act is replaced by the following:

232. An adjudicator’s decision in respect of a policy grievance is limited to one or more of the following:

(a) declaring the correct interpretation of a collective agreement or an arbitral award;

(b) declaring that the collective agreement or arbitral award has been contravened; and

(c) requiring the employer or bargaining agent, as the case may be, to interpret the collective agreement or arbitral award in a specified manner, without giving it retroactive effect.

335. Section 235 of the Act is replaced by the following:

235. (1) Subject to subsection (3), if an individual grievance that is related to matters referred to in paragraph 209(1)(a) is referred to adjudication by an aggrieved employee, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employee in the adjudication proceedings.

(2) If an individual grievance that is related to matters referred to in paragraph 209(1)(b) or (c) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne in equal parts by the bargaining agent and the deputy head responsible for the portion of the public service that employs the aggrieved employee in the adjudication proceedings.

(3) If an individual grievance that is related to matters referred to in paragraph 209(1)(a) and matters referred to in paragraph 209(1)(b) or (c) or to matters in both of those paragraphs is referred to adjudication by an aggrieved employee, the expenses of the adjudication are to be borne in equal parts by the bargaining agent and the deputy head responsible for the portion of the public service that employs the aggrieved employee in the adjudication proceedings.

(4) If an individual grievance that is related to matters referred to in paragraph 209(1)(c.1) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne by the Board.

(5) If an individual grievance that is related to matters referred to in paragraph 209(1)(d) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employee in the adjudication proceedings.

(6) If an individual grievance that is related to matters referred to in paragraph 209(1)(b), (c), (c.1) or (d) is referred to adjudication by an aggrieved employee who is not included in a bargaining unit, the expenses of the adjudication are to be borne by the Board.

(7) Any amount that by this section is payable by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.

(8) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.

235.1 (1) If a group grievance is referred to adjudication, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employees in the adjudication proceedings.

(2) Any amount that by subsection (1) is payable by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.

(3) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.

235.2 (1) If a policy grievance is referred to adjudication, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent to the adjudication proceedings.

(2) Any amount that by subsection (1) is payable by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.

(3) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.

336. (1) Subsection 237(1) of the Act is amended by adding “and” at the end of paragraph (g), by striking out “and” at the end of paragraph (h) and by repealing paragraph (i).

(2) Section 237 of the Act is amended by adding the following after subsection (1):

(1.1) Regulations made under paragraph (1)(d), (f) or (h) may provide for extensions of time only in circumstances that the Board considers to be exceptional.

337. Subsection 247(1) of the Act is replaced by the following:

247. (1) Members of arbitration boards, mediators, adjudicators and persons seized of referrals under subsection 182(1) are entitled to be paid the remuneration and expenses that may be fixed by the Governor in Council.