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Statutes of Newfoundland 1992

CHAPTER 53

CHAPTER 53

AN ACT TO AMEND THE PUBLIC SECTOR
RESTRAINT ACT, 1992

(Assented to December 23, 1992)

Analysis

1. S.2(f) Amdt.
Definitions

2. S.4 Amdt.
Application

3. S.5 Amdt.
No increase in compensation

4. S.10 Amdt.
Bargaining in restraint period

5. S.11.1 Added
Effect of expiry of restraint period

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

1992 cP-41.1

1. Paragraph 2(f) of the Public Sector Restraint Act, 1992 is amended by striking out the figure "36" and substituting the figure "24".

2. (1) Section 4 of the Act is amended by adding immediately after subsection (4) the following:

(5) For the purpose of subsection (4) the restraint period in its application to provincial court judges and the chief judge shall be considered to have begun on April 1, 1992.

(2) Subsection (1) is considered to have come into force on March 31, 1991.

3. (1) Subsection 5(1) of the Act is amended by striking out the word "first".

(2) Subsection 5(2) of the Act is repealed.

(3) Subsections 5(4) and (5) of the Act are repealed.

4. (1) Subsection 10(1) of the Act is amended by striking out the word "first".

(2) Subsection 10(2) of the Act is repealed.

(3) Subsection 10(3) of the Act is repealed and the following substituted:

(3) Notwithstanding subsection (1), where a collective agreement or other contractual arrangement expires during the restraint period and a new agreement or other arrangement is entered into, in no case shall the implementation of a change in the pay scales of public sector employees or the other terms and conditions of employment contained in the new agreement or arrangement result in a total cost to government, directly or indirectly, during the 24 months of the restraint period, in excess of the total cost of the expired agreement or arrangement.

5. The Act is amended by adding immediately after section 11 the following:

Effect of expiry of restraint period

11.1 Where, on the expiry of the restraint period, a collective agreement or other contractual arrangement to which this Act applies continues in force, the provisions of the collective agreement or arrangement respecting pay scales are of no effect and the pay scales which applied during the restraint period to the public sector employees covered by the collective agreement or arrangement shall continue to apply until new pay scales are agreed to by a public sector employer and the bargaining agent representing public sector employees.

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