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The Public Sector Compensation Management Act

S.M. 1991-92, c. 44

Bill 70, 2nd Session, 35th Legislature

The Public Sector Compensation Management Act

(Assented to July 26, 1991)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"collective agreement" means a collective agreement, as defined in The Labour Relations Act, covering employees of an employer and includes a collective agreement authorized under section 47 of The Civil Service Act covering employees of an employer; («convention collective»)

"compensation rates" means the rate of pay to which an employee is entitled under a collective agreement and premiums, allowances and benefits of any kind; («taux de rémunération»)

"date of expiry" means the termination date of a collective agreement as stated in the collective agreement without regard to any provision in the collective agreement or in this or any other Act continuing the collective agreement in effect, or the date specified by the Lieutenant Governor in Council in respect of a collective agreement; («date d'expiration»)

"employee" means an employee of an employer; («salarié»)

"employer" means

(a) Her Majesty in right of Manitoba;

(b) a Crown Corporation or other body that is subject to all or any part of The Crown Corporations Public Review and Accountability Act;

(c) a person or entity owning or operating a hospital as defined in The Hospitals Act;

(d) a person or entity owning or operating a personal care home as defined in The Health Services Insurance Act;

(e) a child and family services agency incorporated under The Child and Family Services Act;

(f) a person or entity listed in Schedule A; or

(g) any public sector employer designated by the Lieutenant Governor in Council in a regulation made under clause 9(1)(b); («employeur»)

"union" means a union as defined in The Labour Relations Act and includes the association as defined in The Civil Service Act. («syndicat»)

Application

2(1)        Subject to subsection (2), this Act applies to every collective agreement with a date of expiry that is on or after September 1, 1990 and before September 1, 1991, or any later date that may be prescribed by the Lieutenant Governor in Council.

Agreements signed before June 3, 1991

2(2)        Where both an employer and a union who are parties to a collective agreement covered by subsection (1) have signed after September 1, 1990 and before June 3, 1991 a renewed, revised or new collective agreement covering employees of the employer, this Act does not affect the operation of that signed collective agreement.

Agreements not signed before June 3, 1991

2(3)        For greater certainty, where an employer and a union who are parties to a collective agreement with an expiry date in the period set out in subsection (1) have not signed a renewed, revised or new collective agreement before June 3, 1991, this Act applies to the collective agreement whether or not a final offer selection process or an arbitration process has been commenced or concluded and whether or not a decision of a selector, arbitrator or arbitration board has been rendered.

Crown bound

3           Her Majesty in right of Manitoba is bound by this Act.

Act prevails

4           This Act prevails over every other Act, every regulation, every arbitral or other award or decision and every obligation, right, claim, agreement or arrangement of any kind.

Extension of 12 months

5(1)        Notwithstanding any provision of any Act, regulation, collective agreement, contract, arbitral or other award or decision or other arrangement by which compensation rates are to be or are authorized to be adjusted, every collective agreement is hereby extended for a period of 12 months from its date of expiry, and no requirement, agreement or arrangement of any kind or decision or award to adjust any provision of such a collective agreement for the period of extension is valid.

One year application

5(2)        For greater certainty, no collective agreement shall be extended by or under the authority of this Act for more than one 12-month period.

Extension of terms and conditions

6(1)        Subject to subsection (2), every collective agreement, other than its provisions or memoranda of agreement which are stated to expire on a specific date, continues in force without change for the period for which the collective agreement is extended under this Act.

Provisions to increase inoperative

6(2)        No provision in a collective agreement to adjust compensation rates is of any force or effect during the period that the collective agreement is extended under this Act.

Proceedings etc. void

6(3)        Subject to subsection 2(2), all negotiations, understandings, agreements and arbitral or final offer selection processes initiated before June 3, 1991, related to the renewal, revision or replacement of a collective agreement with an expiry date in the period set out in subsection 2(1), are void and of no effect.

Permitted adjustments

7           Notwithstanding anything in this Act, an employee may receive additional payments as a result of

(a) promotion or reclassification or periodic or performance-related progression within an established pay range in accordance with a collective agreement;

(b) the operation of The Pay Equity Act; or

(c) the operation of a regulation under clause 9(1)(a).

Fee schedules

8(1)        Notwithstanding the other provisions of this or any other Act, the Lieutenant Governor in Council is hereby authorized to make regulations limiting for any one 12 month period the amount or timing or any other aspect of any increases in payments that are or may become payable, directly or indirectly, by the Government of Manitoba under an agreement between the Government of Manitoba or an agent thereof and an association, to persons not otherwise covered by this Act, in any manner that the Lieutenant Governor in Council considers to be in the public interest.

Deemed part of agreement

8(2)        A regulation made under subsection (1) is deemed to be included in the agreement to which it relates.

Retroactivity

8(3)        A regulation under this section may be made retroactive to a day not earlier than September 1, 1990.

Regulations prevail

8(4)        A regulation made under this section prevails over every other regulation, every arbitral or other award or decision and every obligation, right, claim, agreement or arrangement of any kind.

Regulations

9(1)        The Lieutenant Governor in Council may make regulations

(a) terminating or suspending in whole or in part the application of this Act in respect of any employee or group of employees on any terms and conditions that the Lieutenant Governor in Council considers appropriate;

(b) extending the application of all or any part of this Act to any collective agreement on any terms and conditions that the Lieutenant Governor in Council considers appropriate;

(c) prescribing a later date for the purposes of subsection 2(1);

(d) defining any term that is used in this Act and not defined in this Act;

(e) fixing the date of expiry of a collective agreement;

(f) respecting any other matter considered necessary to carry out the purpose and intent of this Act.

Retroactivity

9(2)        A regulation under this section may be made retroactive to a day not earlier than September 1, 1990.

Sunset clause

10          No regulation shall be made under section 8 or 9 after December 31, 1992.

Repeal on proclamation

11          This Act is repealed on a day fixed by proclamation.

Coming into force

12          This Act is retroactive and is deemed to have come into force on September 1, 1990.

SCHEDULE A

The Manitoba Agricultural Credit Corporation

The Manitoba Crop Insurance Corporation

The Manitoba Centennial Centre Corporation

The Manitoba Lotteries Foundation

The Alcoholism Foundation of Manitoba

St. Amant Centre