GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Sector Equitable Compensation Act — P-31.65 27
Notice to employer and bargaining agent 27 The Board shall send a copy of every complaint filed with it under this Act, together with all of the information accompanying it, to the employer or bargaining agent, as the case may be — or, in the case of a complaint filed under section 24 , to the employer and the bargaining agent — to whom the complaint relates.
Public Sector Equitable Compensation Act — P-31.65 28
Notice to employee 28 If the Board decides not to deal with a complaint filed with it under this Act, it shall send a written notice of its decision and the reasons for it to the employee who filed the complaint and to the employer or bargaining agent, as the case may be  —  or, in the case of a complaint filed under section 24, to the employer and the bargaining agent  —  to whom the complaint relates. 2009, c. 2, s. 394 "28"; 2013, c. 40, s. 444
Public Sector Equitable Compensation Act — P-31.65 29
Complaints under section 10 29 The Board may, in respect of a complaint filed under section 10 , dismiss the complaint or, by order, if the Board determines that the employer has failed to comply with section 5 or subsection 6 (1) or (3), 7 (1) or (3), 8 (1) or 9 (3) direct the employer to comply with that provision within the period specified by the Board in the order.
Public Sector Equitable Compensation Act — P-31.65 31
Complaints under section 23 31 The Board may, in respect of a complaint filed under section 23 , dismiss the complaint or, by order, if the Board determines that the employer or the bargaining agent has failed to comply with section 12 , direct the employer or bargaining agent, as the case may be, to comply with section 12 within the period specified by the Board in the order.
Public Sector Equitable Compensation Act — P-31.65 32
Complaints under section 24 — power to require statement 32 The Board may, in respect of a complaint filed under section 24 , direct the employer and the bargaining agent to file with it, within the period specified by it, a copy of the report that they made available to employees under section 22 and a written statement that (a) identifies the job class of which the complainant is, according to the employer and the bargaining agent, a member; and (b) indicates whether the job class referred to in paragraph (a) is female predominant and, if it is, sets out how an equitable compensation assessment should be conducted in respect of that job class.
Public Sector Equitable Compensation Act — P-31.65 33
ed that the employer, or the employer and the bargaining agent, have taken the measures that are necessary to provide the employees of the job class with equitable compensation. Failure to file report (5) If the employer and the bargaining agent fail to file a report required by an order made under subsection (1) or (2), the Board may, by order, grant another period of time to file the report or, if the Board considers that there are exceptional circumstances to justify doing so, declare that the employer and the bargaining agent have committed a manifestly unreasonable error described in subsection (3). If the Board makes that declaration, subsection (3) applies. Federal Public Sector Labour Relations Act applies (6) The Federal Public Sector Labour Relations Act applies in respect of a collective agreement altered under an order made under paragraph (2)(b) or (3)(b) as if it had been entered into under that Act. Report to be made available (7) The Board shall make every report received as a result of an order made under this section available to the public. Power to require posting of order (8) The Board may, in an order made under this section, require the employer to post a copy of it, for at least 90 days, in the prescribed manner. 2009, c. 2, s. 394 “33”; 2017, c. 9, s. 55
Public Sector Equitable Compensation Act — P-31.65 34
Power to require payment of costs 34 The Board may, in making an order under this Act, require the employer, the bargaining agent or the employer and the bargaining agent, as the case may be, to pay to the complainant all or any part of the costs and expenses incurred by the complainant as a result of making the complaint.
Public Sector Equitable Compensation Act — P-31.65 35
Regulations 35 The Governor in Council may make regulations (a) defining job group for the purposes of this Act; (b) respecting the content and form of plans prepared under this Act, including as a result of an order made under this Act; (c) prescribing anything that by this Act may be prescribed; and (d) generally for carrying out the purposes and provisions of this Act.
Public Sector Equitable Compensation Act — P-31.65 36
Prohibition against encouraging or assisting 36 Every employer and every bargaining agent shall refrain from engaging in any conduct that may encourage or assist any employee in filing or proceeding with a complaint under this Act.
Public Sector Equitable Compensation Act — P-31.65 37
Other prohibitions — employer 37 No employer and no person acting on an employer’s behalf shall refuse to employ or to continue to employ any person, or suspend or lay off any person or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person, because the person (a) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Act; or (b) has filed a complaint or exercised any right under this Act.
Public Sector Equitable Compensation Act — P-31.65 38
Other prohibitions — bargaining agent 38 No bargaining agent and no person acting on a bargaining agent’s behalf shall (a) expel or suspend an employee from membership in the bargaining agent, or take disciplinary action against, or impose any form of penalty on, an employee because the employee exercised any right under this Act or refused to perform an act that is contrary to this Act; or (b) discriminate against a person with respect to membership in the bargaining agent, or intimidate or coerce a person or impose a financial or other penalty on a person, because that person (i) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Act, or (ii) has filed a complaint or exercised any right under this Act.
Public Sector Equitable Compensation Act — P-31.65 39
Complaints against employers 39 (1) The Board shall examine and inquire into any complaint made to it that an employer or a person acting on an employer’s behalf has contravened section 37 . Complaints against employers (2) A complaint referred to in subsection (1) is to be examined and inquired into by the Board as if it were a complaint in respect of a contravention of paragraph 186(2)(c) of the Federal Public Sector Labour Relations Act . For greater certainty, if the complaint is made in writing, the written complaint is itself evidence that the contravention actually occurred and, if any party to the complaint proceedings alleges that the contravention did not occur, the burden of proving that it did not is on that party. Complaints against bargaining agents (3) The Board shall examine and inquire into any complaint made to it that a bargaining agent or a person acting on a bargaining agent’s behalf has contravened section 38 . Complaints against bargaining agents (4) A complaint referred to in subsection (3) is to be examined and inquired into by the Board as if it were a complaint in respect of a contravention of paragraph 188(d) or (e) of the Federal Public Sector Labour Relations Act . If the complaint is made in writing, the written complaint is itself evidence that the contravention actually occurred and, if any party to the complaint proceedings alleges that the contravention did not occur, the burden of proving that it did not is on that party. 2009, c. 2, s. 394 “39”; 2017, c. 9, s. 55
Public Sector Equitable Compensation Act — P-31.65 40
Contravention of section 37 or 38 40 Every employer, bargaining agent or other person who contravenes section 37 or 38 is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000.
Public Sector Equitable Compensation Act — P-31.65 41
Contravention of orders and certain provisions 41 (1) Every employer or bargaining agent who contravenes section 15 , 22 or 36 or an order of the Board made under this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000. Contravention of section 44 (2) Every employer who contravenes section 44 is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000. Consent to prosecution (3) A prosecution for an offence under subsection (1) or (2) may be instituted only with the consent of the Board.
Public Sector Equitable Compensation Act — P-31.65 42
Bargaining agent deemed to be person 42 For the purposes of this Act, a bargaining agent is deemed to be a person.
Public Sector Equitable Compensation Act — P-31.65 43
Obligation to provide Board with reports 43 An employer shall, as soon as feasible after it has prepared a report referred to in section 7 or 22 , provide the Board with the report.
Public Sector Equitable Compensation Act — P-31.65 44
Obligation to keep records 44 Every employer shall, in the prescribed manner, establish and maintain, for the prescribed period, prescribed records for the purpose of this Act.
Public Sector Equitable Compensation Act — P-31.65 45
Inconsistency or conflict 45 Nothing in this Act affects the application of the Federal Public Sector Labour Relations Act , but in the event of any inconsistency or conflict between this Act and that Act, the provisions of this Act prevail to the extent of the inconsistency or conflict. 2009, c. 2, s. 394 “45”; 2017, c. 9, s. 55
Public Sector Equitable Compensation Act — P-31.65 46
Application of safety or security provisions 46 (1) Nothing in this Act is to be construed as requiring or permitting an employer, an employee, a bargaining agent or the Board to do or refrain from doing anything that is contrary to any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or of any state allied or associated with Canada. Order is conclusive proof (2) For the purposes of subsection (1), an order made by the Governor in Council is conclusive proof of the matters stated in it in relation to the giving or making of any instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
Public Sector Equitable Compensation Act — P-31.65 47
Day determined under subsection 30 (4) 47 If a complaint is made under section 11 after the first period that the employer was bound to comply with section 6 or 7 in respect of the job group that includes the complainant and before the second period that the employer was bound to comply with either of those sections in respect of that job group, the day that is referred to in subsection 30 (4) in respect of that complaint is, despite that subsection, the day on which this Act came into force.
Public Sector Equitable Compensation Act — P-31.65 48
Application of subsection 12 (1) 48 Subsection 12 (1) applies only in respect of a collective agreement that expires on a day that is more than two years after the day on which this Act comes into force.
Public Sector Equitable Compensation Act — P-31.65 49
Application of subsection 12 (2) and sections 13 to 22 and 24 49 Subsection 12 (2) and sections 13 to 22 and 24 apply only in respect of a collective agreement that takes effect, or would take effect, on a day that is more than two years after the day on which this Act comes into force.
Public Sector Equitable Compensation Act — P-31.65 50
Period referred to in paragraph 33 (3)(a) 50 (1) If a complaint filed under subsection 24 (1) is in respect of the first collective agreement that takes effect on a day that is more than two years after the day on which this Act comes into force, the period referred to in paragraph 33 (3)(a) is, despite that paragraph, the period that begins, subject to subsection (2), on one of the following days and that ends on the day on which the order is made: (a) if the complainant was not a unionized employee on the day on which this Act came into force, the later of the day on which the complainant became a member of a bargaining unit to which the collective agreement applies and the day on which this Act came into force; (b) if the complainant was, on the day on which this Act came into force, a member of a bargaining unit that was not a bargaining unit to which the collective agreement applies, the day on which the complainant became a member of a bargaining unit to which the collective agreement applies; or (c) in the case of any other complainant, the day on which this Act came into force. Exception (2) The day referred to in each of paragraphs (1)(a) to (c) may not be earlier than the day on which the job class to which the complaint relates came into existence.
Public Sector Equitable Compensation Act — P-31.65 395
Interpretation 395 Unless the context otherwise requires, words and expressions used in sections 396 and 397 have the same meaning as in the Public Sector Equitable Compensation Act .
Public Sector Equitable Compensation Act — P-31.65 398
Application 398 Sections 30 and 33 of the Public Sector Equitable Compensation Act and sections 396 and 397 apply despite any provision of the Expenditure Restraint Act .
Public Sector Equitable Compensation Act — P-31.65 445
Continuation of proceedings 445 Every proceeding commenced under the Public Sector Equitable Compensation Act before the day on which subsection 366 (1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.
Public Sector Equitable Compensation Act — P-31.65 429
429 Section 394 of the Budget Implementation Act, 2009 is repealed.
Public Sector Equitable Compensation Act — P-31.65 431
431 (4) Section 396 of the Act is repealed.
Public Sector Equitable Compensation Act — P-31.65 432
432 Sections 397 to 399 of the Act are repealed.
Public Sector Pension Investment Board Act — P-31.7
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Public Sector Pension Investment Board Act — P-31.7 1
Short title 1 This Act may be cited as the Public Sector Pension Investment Board Act .
Public Sector Pension Investment Board Act — P-31.7 2
Definitions 2 The definitions in this section apply in this Act. Board means the Public Sector Pension Investment Board established by section 3. ( Office ) by-law means a by-law of the Board. ( Version anglaise seulement ) entity means a body corporate, a trust, a partnership, an unincorporated association or organization, Her Majesty in right of Canada or of a province or an agency of Her Majesty in right of Canada or of a province and the government of a foreign country or any political subdivision or agency of the government of a foreign country. ( entité ) fund means (a) the Canadian Forces Pension Fund or the Canadian Forces Superannuation Investment Fund within the meaning of the Canadian Forces Superannuation Act , or, if regulations are made under section 59.1 of that Act, a fund established under the regulations; (b) the Public Service Pension Fund or the Public Service Superannuation Investment Fund, within the meaning of the Public Service Superannuation Act ; or (c) the Royal Canadian Mounted Police Pension Fund or the Royal Canadian Mounted Police Superannuation Investment Fund, within the meaning of the Royal Canadian Mounted Police Superannuation Act . ( fonds ) Minister means the President of the Treasury Board. ( ministre ) prescribed means prescribed by regulation. ( Version anglaise seulement ) subsidiary means a corporation that is wholly owned by the Board directly or indirectly through any number of subsidiaries each of which is wholly owned directly or indirectly by the Board. ( filiale )
Public Sector Pension Investment Board Act — P-31.7
Board means the Public Sector Pension Investment Board established by section 3. ( Office )
Public Sector Pension Investment Board Act — P-31.7
by-law means a by-law of the Board. ( Version anglaise seulement )
Public Sector Pension Investment Board Act — P-31.7
entity means a body corporate, a trust, a partnership, an unincorporated association or organization, Her Majesty in right of Canada or of a province or an agency of Her Majesty in right of Canada or of a province and the government of a foreign country or any political subdivision or agency of the government of a foreign country. ( entité )
Public Sector Pension Investment Board Act — P-31.7 (a)
fund means (a) the Canadian Forces Pension Fund or the Canadian Forces Superannuation Investment Fund within the meaning of the Canadian Forces Superannuation Act , or, if regulations are made under section 59.1 of that Act, a fund established under the regulations; (b) the Public Service Pension Fund or the Public Service Superannuation Investment Fund, within the meaning of the Public Service Superannuation Act ; or (c) the Royal Canadian Mounted Police Pension Fund or the Royal Canadian Mounted Police Superannuation Investment Fund, within the meaning of the Royal Canadian Mounted Police Superannuation Act . ( fonds )
Public Sector Pension Investment Board Act — P-31.7
Minister means the President of the Treasury Board. ( ministre )
Public Sector Pension Investment Board Act — P-31.7
prescribed means prescribed by regulation. ( Version anglaise seulement )
Public Sector Pension Investment Board Act — P-31.7
subsidiary means a corporation that is wholly owned by the Board directly or indirectly through any number of subsidiaries each of which is wholly owned directly or indirectly by the Board. ( filiale )
Public Sector Pension Investment Board Act — P-31.7 3
Board established 3 (1) There is established a body corporate to be known as the Public Sector Pension Investment Board. Not agent of Her Majesty (2) The Board is not an agent of Her Majesty. Not part of federal public administration (3) Directors, officers, employees, and agents and mandataries, of the Board are not part of the federal public administration. Head office (4) The head office of the Board shall be in the National Capital Region as described in the schedule to the National Capital Act . Canada Not-for-profit Corporations Act (5) The Canada Not-for-profit Corporations Act does not apply to the Board. Financial Administration Act (6) Part X of the Financial Administration Act , except for sections 89.8 to 89.92, 113.1, 132 to 147 and 154.01, does not apply to the Board. For the purposes of those sections, any reference to section 131 of that Act shall be read as a reference to section 35 of this Act. Reports and special examination (7) Any report or information in respect of the Board that is provided to the Minister under sections 132 to 147 of the Financial Administration Act shall also be provided to the Minister of National Defence and the Minister of Public Safety and Emergency Preparedness. The Minister may only require a special examination under subsection 138(2) of that Act if the Minister has consulted with those Ministers. 1999, c. 34, s. 3; 2003, c. 22, s. 224(E); 2005, c. 30, ss. 47, 50; 2006, c. 9, s. 295; 2009, c. 2, s. 381, c. 23, ss. 336, 358; 2013, c. 33, s. 231
Public Sector Pension Investment Board Act — P-31.7 3.1
Capital 3.1 (1) The capital of the Board is $100. The Minister shall pay the capital of the Board out of the Consolidated Revenue Fund. Shares (2) The capital is divided into 10 shares having a par value of $10 each. The shares shall be issued to the Minister to be held on behalf of Her Majesty in right of Canada. Registration (3) The shares issued to the Minister shall be registered by the Board in the name of the Minister. 2006, c. 4, s. 217
Public Sector Pension Investment Board Act — P-31.7 4
Objects 4 (1) The objects of the Board are (a) to manage amounts that are transferred to it under subsections 54(2) and 55.2(5) and section 59.4 of the Canadian Forces Superannuation Act , subsections 43(2) and 44.2(5) of the Public Service Superannuation Act and subsections 28(2) and 29.2(5) of the Royal Canadian Mounted Police Superannuation Act in the best interests of the contributors and beneficiaries under those Acts; and (b) to invest its assets with a view to achieving a maximum rate of return, without undue risk of loss, having regard to the funding, policies and requirements of the pension plans established under the Acts referred to in paragraph (a) and the ability of those plans to meet their financial obligations. Costs of operation (2) The costs associated with the operation of the Board shall be paid out of the funds. Consultation (3) The Minister shall determine from which funds the costs shall be paid, but no amount shall be taken out of the Canadian Forces Pension Fund or the Canadian Forces Superannuation Investment Fund — or, if regulations are made under section 59.1 of the Canadian Forces Superannuation Act , from the fund referred to in section 59.3 of that Act — without consulting the Minister of National Defence, or from the Royal Canadian Mounted Police Pension Fund or the Royal Canadian Mounted Police Superannuation Investment Fund without consulting the Minister of Public Safety and Emergency Preparedness. 1999, c. 34, s. 4; 2005, c. 10, s. 34
Public Sector Pension Investment Board Act — P-31.7 5
Powers of Board 5 (1) The Board has the capacity and, subject to this Act, the rights, powers and privileges of a natural person. No inconsistent business or activity (2) The Board and its subsidiaries shall not, directly or indirectly, carry on any business or activity or exercise any power that is inconsistent with the Board’s objects, or that the Board is restricted by this Act from carrying on or exercising, and shall not, directly or indirectly, exercise any of its powers in a manner contrary to this Act. No invalidity (3) No act of the Board, including a transfer of property, is invalid by reason only that the Board was without the capacity or power to so act. Consultation (4) The Minister shall consult the Board if changes to pension plan design or funding are proposed with respect to the pension plans created under the Acts referred to in paragraph 4(1)(a).
Public Sector Pension Investment Board Act — P-31.7 5.1
Investment management services 5.1 (1) Without limiting the generality of subsection 5(1) and despite subsection 5(2), the Board may incorporate a subsidiary for the purpose of providing investment management services to the Canada Growth Fund Inc. in accordance with any terms agreed to by the subsidiary and the Canada Growth Fund Inc. Costs (2) Despite subsection 4(2), the costs associated with the establishment and operation of the subsidiary and with the provision of investment management services are to be paid by the Canada Growth Fund Inc. 2023, c. 26, s. 511