Bill C-25

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	2nd Session, 37th Parliament, 51-52 Elizabeth II, 2002-2003
	House of Commons of Canada
	BILL C-25
	An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title	*1. This Act may be cited as the Public Service Modernization Act.*
	PART 1
	PUBLIC SERVICE LABOUR RELATIONS ACT
	*2. The Public Service Labour Relations Act* is enacted as follows:**
	An Act respecting labour relations in the public service
Preamble	Recognizing that
	the public service labour-management regime must operate in a context where protection of the public interest is paramount;
	effective labour-management relations represent a cornerstone of good human resource management and that collaborative efforts between the parties, through communication and sustained dialogue, improve the ability of the public service to serve and protect the public interest;
	collective bargaining ensures the expression of diverse views for the purpose of establishing terms and conditions of employment;
	the Government of Canada is committed to fair, credible and efficient resolution of matters arising in respect of terms and conditions of employment;
	the Government of Canada recognizes that public service bargaining agents represent the interests of employees in collective bargaining and participate in the resolution of workplace issues and rights disputes;
	commitment from the employer and bargaining agents to mutual respect and harmonious labour-management relations is essential to a productive and effective public service;
	NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Public Service Labour Relations Act.
	INTERPRETATION
Definitions	2. (1) The following definitions apply in this Act.
``adjudicator'' « arbitre de grief »	``adjudicator'' means a member assigned to hear and determine a grievance referred to adjudication under subsection 209(1) or section 216 or 221 and includes, if the context permits, a board of adjudication established under paragraph 223(2)(c), a person named as an adjudicator in a collective agreement and a person otherwise selected as an adjudicator by the parties to the grievance.
``arbitral award'' « décision arbitrale »	``arbitral award'' means an award made by an arbitration board in respect of a dispute.
``arbitration board'' « conseil d'arbitrage »	``arbitration board'' means a board established under Division 9 of Part 1.
``bargaining agent'' « agent négociateur »	``bargaining agent'' means an employee organization that is certified by the Board as the bargaining agent for the employees in a bargaining unit.
``bargaining unit'' « unité de négociation »	``bargaining unit'' means a group of two or more employees that is determined by the Board to constitute a unit of employees appropriate for collective bargaining.
``Board'' « Commission »	``Board'' means the Public Service Labour Relations Board established by section 12.
``Chairperson' ' « président »	``Chairperson'' means the Chairperson of the Board.
``collective agreement'' « convention collective »	``collective agreement'' means an agreement in writing, entered into under Part 1 between the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters.
``core public administration '' « administrati on publique centrale »	``core public administration'' has the same meaning as in subsection 11(1) of the Financial Administration Act.
``council of employee organizations' ' « regroupeme nt d'organisatio ns syndicales »	``council of employee organizations'' means a council formed by two or more employee organizations.
``deputy head'' « administrate ur général »	``deputy head'' means a deputy head referred to in any of paragraphs (a) to (c) of the definition ``deputy head'' in subsection 11(1) of the Financial Administration Act.
``dispute'' « différend »	``dispute'' means a dispute or difference that arises in connection with the entering into, renewal or revision of a collective agreement and in respect of which arbitration may be requested under subsection 136(1) or conciliation may be requested under subsection 161(1).
``employee'' « fonctionnair e »	``employee'', except in Part 2, means a person employed in the public service, other than
	(a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act;
	(b) a person locally engaged outside Canada;
	(c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work;
	(d) a person who is a member or special constable of the Royal Canadian Mounted Police or who is employed by that force under terms and conditions substantially the same as those of one of its members;
	(e) a person employed in the Canadian Security Intelligence Service who does not perform duties of a clerical or secretarial nature;
	(f) a person employed on a casual basis;
	(g) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more;
	(h) a person employed by the Board;
	(i) a person who occupies a managerial or confidential position; or
	(j) a person who is employed under a program designated by the employer as a student employment program.
``employee organization'' « organisation syndicale »	``employee organization'' means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of Parts 1 and 2, and includes, unless the context otherwise requires, a council of employee organizations.
``employer'' « employeur »	``employer'' means Her Majesty in right of Canada as represented by
	(a) the Treasury Board, in the case of a department named in Schedule I to the Financial Administration Act or another portion of the federal public administration named in Schedule IV to that Act; and
	(b) the separate agency, in the case of a portion of the federal public administration named in Schedule V to the Financial Administration Act.
``managerial or confidential position'' « poste de direction ou de confiance »	``managerial or confidential position'' means a position declared to be a managerial or confidential position by an order made by the Board under subsection 62(1), section 63, subsection 74(1) or section 75.
``member'' « commissaire »	``member'' means a member of the Board, whether full-time or part-time.
``membership dues'' « cotisations syndicales »	``membership dues'', in respect of employees represented by a bargaining agent, means the amount that the employer is required to deduct from the pay of the employees and remit to the bargaining agent under any collective agreement that is entered into between the employer and the bargaining agent.
``Minister'' « ministre »	``Minister'' means the member of the Queen's Privy Council for Canada, other than a member of the Treasury Board, designated by the Governor in Council as the Minister for the purposes of this Act.
``public service'' « fonction publique »	``public service'', except in Part 3, means the several positions in or under
	(a) the departments named in Schedule I to the Financial Administration Act;
	(b) the other portions of the federal public administration named in Schedule IV to that Act; and
	(c) the separate agencies named in Schedule V to that Act.
``separate agency'' « organisme distinct »	``separate agency'' has the same meaning as in subsection 11(1) of the Financial Administration Act.
``strike'' « grève »	``strike'' includes a cessation of work or a refusal to work or to continue to work by persons employed in the public service, in combination, in concert or in accordance with a common understanding, and a slow-down of work or any other concerted activity on the part of such persons that is designed to restrict or limit output.
``Vice-Chairp erson'' « vice-préside nt »	``Vice-Chairperson'' means a Vice-Chairperson of the Board.
Employment status preserved	(2) A person does not cease to be employed in the public service by reason only that the person ceases to work as a result of a strike or by reason only of the termination of the person's employment contrary to this Act or any other Act of Parliament.
Persons who are not employees	(3) For greater certainty, a person is not an employee if
	(a) the person is engaged under subsection 50(1); or
	(b) the person's compensation for the performance of the regular duties of the person's position or office consists of fees of office or is related to the revenue of the office in which the person is employed.
Casual employment	(4) For the purposes of paragraph (f) of the definition ``employee'' in subsection (1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right and authority to make appointments is employed on a casual basis if the person was appointed under section 21.2 of the Public Service Employment Act.
References to occupants of positions	(5) Every reference to a person who occupies a position, or to the occupant of a position, includes a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position, and a reference to a person's position includes the position of a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position.
Descriptive cross- references	3. If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject-matter of that other provision, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only.
	PART 1
	LABOUR RELATIONS
	Interpretation
Definitions	4. (1) The following definitions apply in this Part.
``essential service'' « services essentiels »	``essential service'' means a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public.
``essential services agreement'' « entente sur les services essentiels »	``essential services agreement'' means an agreement between the employer and the bargaining agent for a bargaining unit that identifies
	(a) the types of positions in the bargaining unit that are necessary for the employer to provide essential services;
	(b) the number of those positions that are necessary for that purpose; and
	(c) the specific positions that are necessary for that purpose.
``mediator'' « médiateur »	``mediator'' means a person appointed as a mediator under subsection 108(1).
``National Joint Council'' « Conseil national mixte »	``National Joint Council'' means the National Joint Council whose establishment was authorized by Order in Council P.C. 3676, dated May 16, 1944.
``parties'' « parties »	``parties'', in relation to collective bargaining, arbitration, conciliation or a dispute, means the employer and the bargaining agent.
``public interest commission'' « commission de l'intérêt public »	``public interest commission'' means a commission established under Division 10.
When position is necessary	(2) A position that is necessary for the employer to provide essential services for the purposes of paragraph (a) of the definition ``essential services agreement'' in subsection (1) includes a position the occupant of which is required, at any time,
	(a) to perform the duties of the position that relate to the provision of essential services; or
	(b) to 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.

Bill C-25

BILL C-25

PART 1

PUBLIC SERVICE LABOUR RELATIONS ACT

SHORT TITLE

INTERPRETATION

PART 1

LABOUR RELATIONS

Interpretation