Civil Air Navigation Services Commercialization Act — C-29.7 63
Expired collective agreements or arbitral awards 63 (1) Where a collective agreement or arbitral award that applied to a designated employee referred to in section 58 has expired and has not been renewed, revised or replaced before the transfer date, (a) the Public Service Staff Relations Act and the Public Service Employment Act continue to apply in all respects to all matters arising before the transfer date in relation to the interpretation and application of the collective agreement or arbitral award or any of the terms and conditions of employment applicable pursuant to section 52 of the Public Service Staff Relations Act to the employees of the Corporation represented by the bargaining agent bound by the collective agreement or arbitral award; (b) subsections 57(2) to (6), sections 58 to 66 and subsection 67(5) of the Canada Labour Code apply in all respects to all matters arising on or after the transfer date in relation to the interpretation and application of any term, condition, right or privilege continued under paragraph 50(b) of that Act; and (c) subject to this section, the provisions of Part I of the Canada Labour Code , other than section 80, apply with respect to the renewal or revision of the collective agreement or the entering into of a new collective agreement. Grievances (2) Proceedings under Part IV of the Public Service Staff Relations Act that were commenced before the transfer date in respect of a collective agreement, arbitral award or terms and conditions of employment mentioned in subsection (1) shall be continued as though the Corporation were the employer referred to in the collective agreement or arbitral award or bound by the terms and conditions of employment. Grievances — proceedings may be commenced (3) Where events giving rise to a right to commence proceedings under Part IV of the Public Service Staff Relations Act in respect of a collective agreement, arbitral award or terms and conditions of employment mentioned in subsection (1) occurred before the transfer date but the proceedings had not commenced before that date, the proceedings may be commenced on or after the transfer date and be proceeded with as though the Corporation were the employer referred to in the collective agreement or arbitral award or bound by the terms and conditions of employment. Deeming (4) For the purposes of subsections (2) and (3), anything done, or not done, by Her Majesty in right of Canada as represented by the Treasury Board is deemed to have been done, or to have not been done, as the case may be, by the Corporation. Corporation deemed employer for arbitration purposes (5) The Corporation is deemed to be the employer referred to in any collective agreement or arbitral award mentioned in subsection (1) for the purposes of the conduct of any proceedings under Part I of the Canada Labour Code in relation to the matters referred to in paragraph (1)(b). Notice to bargain (6) Subject to subsection (7), for the purposes of paragraph (1)(c), a notice to bargain collectively is deemed to have been given under Part I of the Canada Labour Code on the transfer date. Notice to bargain (7) For the purposes of paragraph (1)(c), a notice to bargain collectively given under section 50 of the Public Service Staff Relations Act in respect of a collective agreement or arbitral award is deemed to have been given under Part I of the Canada Labour Code on the day it was given. Where arbitration in progress (8) Where arbitration has been requested under section 64 of the Public Service Staff Relations Act before the transfer date in respect of a dispute arising in connection with the conclusion, renewal or revision of a collective agreement that applies to a designated employee referred to in section 58 and no arbitral award has been made, the arbitration shall be continued in accordance with that Act. Collective agreement or arbitral award resulting from arbitration (9) A collective agreement or arbitral award referred to in sub