Transitional ProvisionsDefinitions
338. (1) The following definitions apply in this section.“commencement day”
« date de référence »
“commencement day” means the day on which this Act receives royal assent.“the Act”
« Loi »
“the Act” means the Public Service Labour Relations Act.Words and expressions
(2) Unless the context otherwise requires, words and expressions used in this section have the same meaning as in the Act.Application of provisions enacted by this Act
(3) Subject to subsections (4) to (7), the provisions of the Act, as enacted by sections 294 to 306, subsection 307(1), sections 308 to 314, subsection 316(1) and sections 317 to 324 also apply in respect of the following bargaining units:(a) a bargaining unit in respect of which a notice to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement has been given before the commencement day;(b) a bargaining unit that is bound by a collective agreement or arbitral award that is in force on the commencement day and that expires on that day or at any time after that day, and in respect of which no notice to bargain collectively has been given before the commencement day; and(c) a bargaining unit in respect of which no notice to bargain collectively for the purpose of entering into a first collective agreement has been given before the commencement day.Arbitration board established
(4) The provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until an arbitral award is made in respect of the bargaining unit if, before the commencement day,(a) a request for arbitration was made by the employer or the bargaining agent for the bargaining unit; and(b) the Chairperson had notified the parties of the establishment of an arbitration board.Public interest commission established
(5) The provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until a collective agreement is entered into by parties if, before the commencement day,(a) a request for conciliation was made by the employer or the bargaining agent for the bargaining unit; and(b) the Chairperson had notified the parties of the establishment of a public interest commission.No essential services agreement entered
(6) If, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, no essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then,(a) the process for the resolution of disputes is conciliation; and(b) despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day.Essential services agreement entered into
(7) If, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, an essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then, the process for the resolution of disputes is(a) arbitration, if 80% or more of the positions in the bargaining unit were, immediately before the commencement day, necessary for the employer to provide an essential service; and(b) conciliation, if less than 80% of the positions in the bargaining unit were, immediately before the commencement day, necessary for the employer to provide an essential service.Application of subsection 105(2)
(8) Subsection 105(2) of the Act, as that subsection read immediately before the commencement day, continues to apply in respect of a bargaining unit referred to in paragraph (3)(b) until an arbitral award is made or a collective agreement is entered into in respect of a bargaining unit.Positions — essential services agreement
(9) If a bargaining unit is bound by an essential service agreement immediately before the commencement day, every position that is identified in the agreement as being necessary for the employer to provide essential services is deemed to be a position designated by the employer under section 120 of the Act, as enacted by section 305. However, subsection 124(1) of the Act, as enacted by section 305, does not apply in respect of any of those positions.Grievance
339. The provisions of the Public Service Labour Relations Act, as it read immediately before the day on which sections 325 to 336 come into force, continue to apply in respect of every grievance presented under Part 2 of that Act before that day.R.S., c. H-6
Canadian Human Rights ActAmendments to the Act340. Section 40.1 of the Canadian Human Rights Act is amended by adding the following after subsection (2):Public Service Labour Relations Act
(3) A complaint must not be dealt with by the Commission under section 40 if the complaint is made by an employee, as defined in subsection 206(1) of the Public Service Labour Relations Act, against their employer, as defined in subsection 2(1) of that Act and it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.Public Service Employment Act
(4) A complaint must not be dealt with by the Commission under section 40 if the complaint is made by a person against the Public Service Commission or a deputy head as defined in subsection 2(1) of the Public Service Employment Act and it alleges that a discriminatory practice set out in section 7, 8, 10 or 14 has been engaged in in relation to(a) an appointment or proposed appointment in an internal appointment process under that Act;(b) the revocation of an appointment under that Act; or(c) the laying off of employees under that Act.Transitional ProvisionComplaints
341. The provisions of the Canadian Human Rights Act, as that Act read immediately before the day on which section 340 comes into force, continue to apply in respect of every complaint filed with or initiated by the Canadian Human Rights Commission before that day.2003, c. 22, ss. 12 and 13
Public Service Employment ActAmendments to the Act342. (1) Paragraph 35(1)(b) of the Public Service Employment Act is replaced by the following:(b) has the right to make a complaint under section 77 or 78.(2) Paragraph 35(2)(b) of the Act is replaced by the following:(b) has the right to make a complaint under section 77 or 78.2005, c. 21, s. 115
343. Paragraph 35.1(1)(b) of the Act is replaced by the following:(b) has the right to make a complaint under section 77 or 78.2006, c. 9, s. 101
344. Paragraph 35.2(b) of the Act is replaced by the following:(b) has the right to make a complaint under section 77 or 78.2006, c. 9, s. 101
345. Paragraph 35.3(b) of the Act is replaced by the following:(b) has the right to make a complaint under section 77 or 78.346. Subsection 58(2) of the Act is replaced by the following:Extension by deputy head
(2) A deputy head may extend the specified term, and the extension does not constitute an appointment or deployment or entitle any person to make a complaint under section 77 or 78.347. Subsection 59(2) of the Act is replaced by the following:Not an appointment or deployment
(2) A conversion under subsection (1) does not constitute an appointment or deployment or entitle any person to make a complaint under section 77 or 78.348. Subsections 64(1) and (2) of the Act are replaced by the following:Laying off of employees
64. (1) If an employee’s services are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside those portions of the federal public administration named in Schedule I, IV or V to the Financial Administration Act, the deputy head may lay off the employee, in which case the deputy head shall so advise the employee.Selection of employees
(2) If the deputy head determines under subsection (1) that some but not all of the employees in any part of the deputy head’s organization who occupy positions at the same group and level and perform similar duties are to be laid off, the employees to be laid off shall be selected in accordance with the Commission’s regulations.349. (1) Subsection 65(1) of the Act is replaced by the following:Complaint to Tribunal re lay-off
65. (1) If some but not all of the employees in a part of an organization who occupy positions at the same group and level and perform similar duties are informed by the deputy head that they will be laid off, any employee selected for lay-off may make a complaint to the Tribunal, in the manner and within the time fixed by the Tribunal’s regulations, that his or her selection constituted an abuse of authority.(2) Subsections 65(5) and (6) of the Act are replaced by the following:Discriminatory practice
(5) If the Tribunal determines that the Commission or the deputy head has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, it may order that the Commission or deputy head, as the case may be, cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future or it may make any order that may be made under any of paragraphs 53(2)(b) to (e) or subsection 53(3) of that Act.(3) Subsection 65(8) of the Act is repealed.350. The Act is amended by adding the following after section 76:Discriminatory practice
76.1 (1) If the Tribunal finds a complaint under section 74 to be substantiated and it determines that the Commission or the deputy head has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, it may(a) order that the Commission or deputy head, as the case may be, cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future; or(b) make any order that may be made under any of paragraphs 53(2)(b) to (e) or subsection 53(3) of that Act.Application of Canadian Human Rights Act
(2) In considering whether a complaint is substantiated, the Tribunal may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value.351. Sections 77 to 79 of the Act are replaced by the following:Grounds of complaint
77. (1) When the Commission has made or proposed an appointment in an internal appointment process, a person referred to in subsection (2) may, in the manner and within the period provided by the Tribunal’s regulations, make a complaint to the Tribunal that he or she was not appointed or proposed for appointment by reason of(a) an abuse of authority by the Commission in the exercise of its authority under subsection 30(2);(b) an abuse of authority by the Commission in choosing between an advertised and a non-advertised internal appointment process; or(c) the failure of the Commission to assess the complainant in the official language of his or her choice as required by subsection 37(1).Persons entitled to make complaint
(2) The following persons may make a complaint under subsection (1):(a) in the case of an advertised internal appointment process, a person who is an unsuccessful candidate in the area of selection determined under section 34 and who has been determined by the Commission to meet the essential qualifications for the work to be performed as established by the deputy head under paragraph 30(2)(a); and(b) in the case of a non-advertised internal appointment process, a person who is in the area of selection determined under section 34.Excluded grounds
(3) The Tribunal may not consider an allegation that fraud occurred in an appointment process or that an appointment or proposed appointment was not free from political influence.When no right to complain
(4) No complaint may be made under subsection (1) in respect of an appointment under subsection 15(6) (reappointment on revocation by deputy head), section 40 (prior- ities — surplus employees), subsection 41(1) or (4) (other priorities), section 73 (reappointment on revocation by Commission) or section 86 (reappointment following Tribunal order), or under any regulations made under paragraph 22(2)(a).Corrective action when complaint upheld
(5) If the Tribunal finds the complaint to be substantiated, it may order the Commission to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Tribunal considers appropriate.Grounds of complaint — person not meeting qualifications
78. (1) When, in the case of an advertised internal appointment process, the Commission has made or proposed an appointment, a person who is an unsuccessful candidate in the area of selection determined under section 34 and who has been determined by the Commission not to meet the essential qualifications for the work to be performed as established by the deputy head under paragraph 30(2)(a) or the qualifications considered by the deputy head under subparagraph 30(2)(b)(i) to be an asset for that work may, in the manner and within the period provided by the regulations, make a complaint to the Tribunal that the Commission(a) has abused its authority under subsection 30(2) in making that determination in relation to those qualifications; or(b) has failed to assess the complainant in the official language of the complainant’s choice as required by subsection 37(1).When no right to complain
(2) No complaint may be made under subsection (1) in respect of an appointment under subsection 15(6) (reappointment on revocation by deputy head), section 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities), section 73 (reappointment on revocation by Commission) or section 86 (reappointment following Tribunal order), or under any regulations made under paragraph 22(2)(a).Corrective action when complaint upheld
(3) If the Tribunal finds the complaint to be substantiated, it may order the Commission to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Tribunal considers appropriate.Right to be heard
79. A person making a complaint under section 77 or 78, the person appointed or proposed for appointment, the deputy head and the Commission — or their representatives — are entitled to be heard by the Tribunal.352. Section 80 of the English version of the Act is replaced by the following:Application of Canadian Human Rights Act
80. In considering whether a complaint under section 77 or 78 is substantiated, the Tribunal may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value.353. Sections 81 and 82 of the Act are replaced by the following:Corrective action when complaint upheld
81. (1) If the Tribunal finds a complaint under section 77 or 78 to be substantiated, the Tribunal may(a) order the Commission or the deputy head to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Tribunal considers appropriate; and(b) if it has determined that the Commission or the deputy head has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act,(i) order that the Commission or deputy head, as the case may be, cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future; or(ii) make any order that may be made under any of paragraphs 53(2)(b) to (e) or subsection 53(3) of that Act.Restriction
(2) The Tribunal may not order the Commission or the deputy head to make an appointment or to conduct a new appointment process if the Commission or the deputy head, as the case may be, has not been determined to have engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.354. Paragraph 83(a) of the Act is replaced by the following:(a) the person who made the complaint under section 77 or 78,355. Section 84 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):(c) if the complaint involved a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, make any order against the deputy head or the Commission that the Tribunal considers appropriate in the circumstances.356. Subsection 88(2) of the Act is replaced by the following:Mandate
(2) The Tribunal’s mandate is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77, 78 and 83.357. Section 99 of the Act is amended by adding the following after subsection (2):Dismissing complaint
(2.1) The Tribunal may summarily dismiss a complaint if the complainant fails to comply with any procedures set out in this Act, or the Tribunal’s regulations, in relation to a complaint.Dismissing complaint
(2.2) The Tribunal may summarily dismiss a complaint if the deputy head has taken the corrective action that the Tribunal considers appropriate in relation to the complaint.358. Section 101 of the Act is replaced by the following:Copy of decision provided
101. The Tribunal shall render a decision on a complaint made under subsection 65(1) or section 74, 77, 78 or 83 and provide a copy of it — including any written reasons — and any accompanying order to the Commission and to each person who exercised the right to be heard on the complaint.359. (1) Paragraph 109(a) of the Act is replaced by the following:(a) the manner in which and the time within which a complaint may be made under subsection 65(1) or section 74, 77, 78 or 83;(2) Section 109 of the Act is amended by adding “and” at the end of paragraph (c) and by repealing paragraph (d).Transitional ProvisionComplaints
360. The provisions of the Public Service Employment Act, as it Act read immediately before the day on which sections 348 to 357 come into force, continue to apply in respect of every complaint made under that Act before that day.2009, c. 2. s. 394
Public Sector Equitable Compensation Act361. Section 17 of the Public Sector Equitable Compensation Act is replaced by the following:Arbitration
17. If arbitration has been chosen under subsection 104(1) of the Public Service Labour Relations Act as, or is, by reason of subsection 104(2) of that Act, the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for arbitration under subsection 136(1) of that Act.362. Section 20 of the Act is replaced by the following:Conciliation
20. If conciliation is the process for the resolution of disputes by reason of section 103 of the Public Service Labour Relations Act, questions concerning the provision of equitable compensation to employees may be the subject of a request for conciliation under subsection 161(1) of that Act.Coordinating Amendments2009, c. 2
363. (1) In this section, “other Act” means the Budget Implementation Act, 2009.(2) If section 400 of the other Act comes into force before section 295 of this Act, then section 13 of the Public Service Labour Relations Act is replaced by the following:Mandate
13. The Board’s mandate is to provide adjudication services and mediation services in accordance with this Act and the Public Sector Equitable Compensation Act.(3) If section 295 of this Act comes into force before section 400 of the other Act, then that section 400 is replaced by the following:400. Section 13 of the Public Service Labour Relations Act is replaced by the following:Mandate
13. The Board’s mandate is to provide adjudication services and mediation services in accordance with this Act and the Public Sector Equitable Compensation Act.(4) If section 295 of this Act comes into force on the same day as section 400 of the other Act, then that section 400 is deemed to have come into force before that section 295 and subsection (2) applies as a consequence.Coming into ForceSubsections 307(2) and 316(2)
364. (1) Subsections 307(2) and 316(2) come into force on the day on which section 17 of the Public Sector Equitable Compensation Act comes into force.Sections 325 to 336, 340 and 342 to 359
(2) Sections 325 to 336, 340 and 342 to 359 come into force on a day to be fixed by order of the Governor in Council.Division 18Reorganization of Federal Public Service Labour Relations and Employment BoardsPublic Service Labour Relations and Employment Board ActEnactment of Act
365. The Public Service Labour Relations and Employment Board Act is enacted as follows:An Act to establish the Public Service Labour Relations and Employment BoardSHORT TITLEShort title
1. This Act may be cited as the Public Service Labour Relations and Employment Board Act.INTERPRETATIONDefinitions
2. The following definitions apply in this Act.“bargaining agent”
« agent négociateur »
“bargaining agent” has the same meaning as in subsection 2(1) of the Public Service Labour Relations Act.“employer”
« employeur »
“employer” has the same meaning as in subsection 2(1) of the Public Service Labour Relations Act.“Minister”
« ministre »
“Minister” means the Minister who is designated under section 3.DESIGNATION OF MINISTERPower of Governor in Council
3. The Governor in Council may, by order, designate any federal minister, other than a member of the Treasury Board, to be the Minister referred to in this Act.PUBLIC SERVICE LABOUR RELATIONS AND EMPLOYMENT BOARDEstablishment and CompositionEstablishment of Board
4. (1) A board is established, to be known as the Public Service Labour Relations and Employment Board.Board’s composition
(2) The Board is composed of(a) a Chairperson, who is to hold office on a full-time basis;(b) not more than two Vice-chairpersons, who are to hold office on a full-time basis;(c) not more than 10 other members who are to hold office on a full-time basis; and(d) any part-time members that the Governor in Council considers necessary to carry out the Board’s powers, duties and functions.Appointment of MembersQualifications
5. (1) To be eligible to hold office as a member, a person must(a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;(b) not hold any other office or employment under the employer;(c) not be a member of or hold an office or employment under an employee organization, as defined in subsection 2(1) of the Public Service Labour Relations Act, that is certified as a bargaining agent; and(d) not accept any office or employment, or carry on any activity, that is inconsistent with the person’s duties or functions.Exception
(2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut with powers, duties and functions similar to those of the Board.Appointments of other members from list
6. (1) Every member, other than the Chairperson or a Vice-chairperson, must be appointed from among eligible persons whose names are on a list prepared by the Chairperson after consultation with the employer and the bargaining agents.Contents
(2) The Chairperson must set out on the list(a) the names of all eligible persons who are recommended by the employer;(b) the names of all eligible persons who are recommended by the bargaining agents; and(c) the names of any other eligible persons whom the Chairperson considers suitable for appointment.Equal numbers
(3) The appointment of members, other than the Chairperson and the Vice-chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents.Non-representative Board
(4) Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in the exercise of their powers and the performance of their duties and functions.Residence of full-time members
7. A full-time member must reside in the National Capital Region as it is described in the schedule to the National Capital Act or within any distance of it that the Governor in Council may determine.Appointment of members
8. (1) Each member is to be appointed by the Governor in Council, on the Minister’s recommendation, to hold office during good behaviour and may be removed by the Governor in Council for cause.Term of office
(2) A full-time member may be appointed for a term of office that is not more than five years and a part-time member may be appointed for a term of office that is not more than three years.Reappointment
(3) A member is eligible for reappointment on the expiry of any term of office.Completion of duties and functions
(4) A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any duties or functions that they would otherwise have had in connection with any matter that came before the Board while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member.Oath or solemn affirmation
9. Before beginning their duties or functions, a person who is appointed as a member of the Board must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of member (or Chairperson or Vice-chairperson) of the Public Service Labour Relations and Employment Board.RemunerationRemuneration
10. Every member and former member referred to in subsection 8(4)(a) is to be paid the remuneration that may be determined by the Governor in Council; and(b) is entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.Application of Other ActsApplication of Public Service Superannuation Act
11. A full-time member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.Application of certain Acts
12. A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.Head Office and MeetingsHead office
13. The Board’s head office is to be in the National Capital Region as it is described in the schedule to the National Capital Act but the Board may, with the approval of the Governor in Council, establish any regional offices that the Chairperson considers necessary for the exercise of the Board’s powers and the perform- ance of its duties and functions.Services and facilities
14. In exercising its powers and performing its duties and functions, the Board may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the Board’s operation.Meetings
15. (1) Meetings of the Board are to be held at any date, time and place that the Chairperson considers appropriate for the conduct of the Board’s business.Off-site participation
(2) A meeting of the Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting.Quorum
16. The Chairperson, one Vice-chairperson and a majority of the other full-time members constitute a quorum at a meeting of the Board.Attendance of part-time members at meetings
17. A part-time member is not entitled to attend a meeting of the Board, but may attend at the Chairperson’s invitation.Decision of majority
18. A decision of a majority of the Board’s members who are present at a meeting of the Board is a decision of the Board.Board’s Powers, Duties and FunctionsPowers, duties and functions
19. The Board is to exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act or any other Act of Parliament.Powers of Board
20. The Board has, in relation to any matter before it, the power to(a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record;(b) order pre-hearing procedures, including pre-hearing conferences that are held in private, and determine the date, time and place of the hearings for those procedures;(c) order that a pre-hearing conference or a hearing be conducted using any means of telecommunication that permits all persons who are participating to communicate adequately with each other;(d) administer oaths and solemn affirmations;(e) accept any evidence, whether admissible in a court of law or not; and(f) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant.Frivolous matters
21. The Board may dismiss summarily any matter that in its opinion is trivial, frivolous, vexatious or was made in bad faith.Determination without oral hearing
22. The Board may decide any matter before it without holding an oral hearing.General power to assist parties
23. The Board, or any of its members or employees that it designates, may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.Delegation by Board
24. The Board may(a) authorize the Chairperson to exercise any of its powers or perform any of its duties or functions, other than the power to make regulations; and(b) authorize any person to exercise any of its powers under paragraphs 20(d) to (f) and require the person to report to it on what the person has done.ChairpersonChief executive officer
25. The Chairperson is the chief executive officer of the Board and has supervision over and direction of the Board’s work, including(a) the assignment and reassignment of matters that the Board is seized of to panels;(b) the composition of panels; and(c) the determination of the date, time and place of hearings.Delegation by Chairperson
26. The Chairperson may authorize a Vice-chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s duties or functions, including powers, duties or functions delegated to the Chairperson by the Board.Acting Chairperson
27. (1) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, a Vice-chairperson designated by the Minister is to act as Chairperson.Absence of Chairperson and Vice-chairpersons
(2) If the Chairperson and the Vice-chairpersons are absent or unable to act, or all of those offices are vacant, the Minister may designate a member to act as Chairperson but no member so designated has authority to act as Chairperson for more than 90 days without the Governor in Council’s approval.Human ResourcesResponsibility for human resources management
28. The Chairperson is authorized, in respect of persons who are employed by the Board, to exercise the powers and perform the duties and functions of the Treasury Board under the Financial Administration Act that relate to human resources management within the meaning of paragraph 7(1)(e) and section 11.1 of that Act, and those of deputy heads under subsection 12(2) of that Act, including the determination of terms and conditions of employment of persons who are employed by the Board.Human resources
29. (1) The Chairperson may employ persons for the conduct of the Board’s work, fix their period of employment, establish their probationary periods, reject them on probation and lay them off.Political activities
(2) Part 7 of the Public Service Employment Act applies to persons who are employed by the Board as if they were employees as defined in subsection 2(1) of that Act.Experts and advisors
30. (1) The Chairperson may engage on a temporary basis the services of mediators and other experts to assist the Board in an advisory capacity and, subject to the Governor in Council’s approval, fix their remuneration.Non-application of Public Service Superannuation Act
(2) A person who is engaged under subsection (1) is not to be considered as being employed in the public service for the purposes of the Public Service Superannuation Act by reason only of being so engaged.ProtectionEvidence respecting information obtained
31. A member of the Board, any person who is employed by the Board or any person who is engaged under subsection 30(1) is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions.No disclosure of notes and drafts
32. Notes or draft orders or decisions of the Board or of any of its members are not to be disclosed without the consent of the person who made them.Immunity from proceedings
33. No criminal or civil proceedings lie against a member of the Board, any person who is employed by the Board, any person who is engaged under subsection 30(1) or any person who is acting on the Board’s behalf for anything done — or omitted to be done — or reported or said by that member or that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions.Review and Enforcement of Orders and DecisionsNo review by court
34. (1) Every order or decision of the Board is final and is not to be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.Standing of Board
(2) The Board has standing to appear in proceedings under subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to its orders or decisions and its jurisdiction, policies and procedures.No review by certiorari, etc.
(3) Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under any Act of Parliament may, on any ground, including the ground that the order, decision or proceeding is beyond the Board’s jurisdiction to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction,(a) be questioned, reviewed, prohibited or restrained; or(b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise.Filing of Board’s orders in Federal Court
35. (1) The Board must, on the written request of any person or organization affected by any order of the Board, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the Board’s opinion,(a) there is no indication, or likelihood, of failure to comply with the order; or(b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.Effect of filing
(2) An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.RegulationsRegulations
36. The Board may make regulations respecting(a) the practice and procedure for hearings and pre-hearing proceedings of the Board;(b) the use of any means of telecommunication in the conduct of its activities;(c) the hearing or determination of any application, complaint, question or dispute that may be made to, referred to or otherwise come before the Board;(d) the establishment of an expeditious procedure and matters that may be determined under that procedure;(e) the forms to be used in respect of any proceeding that may come before the Board;(f) the manner in which and the period during which evidence and information may be presented to the Board in connection with any proceeding that may come before it;(g) the time within which and the persons to whom notices, other than those referred to in subsections 130(1) and (2) of the Public Service Labour Relations Act, and other documents must be sent or given, and when the notices are deemed to have been sent, given or received; and(h) any other matters or things that are incidental or conducive to the exercise of the Board’s powers and the performance of its duties and functions.PanelsPanels
37. (1) Subject to subsection (2), matters of which the Board is seized are to be heard by a panel consisting of one member.Three-member panels
(2) If the Chairperson considers that the complexity of a matter requires it, he or she may assign the matter to a panel consisting of three members.Chairperson of three-member panel
(3) If the Chairperson is a member of a three-person panel, he or she is to be its chairperson; otherwise, he or she must designate a member of it to be its chairperson.Member’s death or incapacity
38. (1) In the event of the death or incapac- ity of a member of a three-member panel, other than the death or incapacity of the chairperson of the panel, the chairperson of the panel may determine any matter that was before the panel and his or her decision is deemed to be the panel’s decision.Chairperson’s death or incapacity
(2) In the event of the death or incapacity of the chairperson of a panel, or of the member when the panel consists of one member, the Chairperson must establish a new panel to hear and determine the matter on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.Powers, rights and privileges
39. A panel has all of the Board’s powers, rights and privileges with respect to any matter assigned to the panel.Panel’s decision
40. (1) A decision made by a majority of the members of a panel is the decision of the panel or, if no decision is supported by the majority, the decision of the chairperson of the panel is the decision of the panel.Board’s decision
(2) A decision of a panel is a decision of the Board.Witness FeesPayment of witness fees
41. A person who is summoned by the Board to attend as a witness at any of its proceedings is entitled to receive fees and allowances for so attending that are equal to those to which the person would be entitled if they were summoned to attend before the Federal Court.Annual ReportObligation to prepare report
42. (1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act.Tabling in Parliament
(2) The Minister must cause the report to be tabled in each House of Parliament within the first 15 days on which that House is sitting after the Minister receives it.2003, c. 22, s. 2
Public Service Labour Relations ActAmendments to the Act366. (1) The definitions “adjudicator” and “Board” in subsection 2(1) of the Public Service Labour Relations Act are replaced by the following:“adjudicator”
« arbitre de grief »
“adjudicator” means a person or board of adjudication to whom a grievance is referred under paragraph 223(2)(a), (b) or (c).“Board”
« Commission »
“Board” means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act.(2) Paragraph 2(3)(a) of the Act is replaced by the following:(a) the person is engaged under subsection 30(1) of the Public Service Labour Relations and Employment Board Act; or2003, c. 22, s. 273
367. The headings before section 12 and sections 12 to 38 of the Act are replaced by the following:Division 4Public Service Labour Relations and Employment BoardAdministration of Act
12. The Board administers this Act and it may exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, with regulations made under it or with decisions made in respect of a matter coming before the Board.Adjudication services
13. The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part, the referral of grievances to adjudication in accord- ance with Part 2 and the hearing of matters brought before the Board under Part 3.Mediation services
14. The Board is to provide mediation services that consist of(a) assisting parties in the negotiation of collective agreements and their renewal;(b) assisting parties in the management of the relations resulting from the implementation of collective agreements;(c) mediating in relation to grievances; and(d) assisting the Chairperson in discharging his or her responsibilities under this Act.National Joint Council
15. The Board is to provide facilities and administrative support to the National Joint Council.Powers
16. The Board has, in relation to any matter before it, the power to(a) examine any evidence that is submitted to it respecting membership of employees in an employee organization seeking certification and, in the case of a council of employee organizations seeking certification, in any employee organization forming part of the council;(b) examine documents forming or relating to the constitution or articles of association of any employee organization seeking certification and, in the case of a council of employee organizations seeking certification, those of any employee organization forming part of the council;(c) require the employer to post and keep posted in appropriate places any notice that the Board considers necessary to bring matters or proceedings before the Board to the attention of employees;(d) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliance or article in the premises and require any person in the premises to answer all questions relating to the matter before it;(e) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer for the purpose of conducting representation votes during working hours; and(f) authorize any person to do anything that the Board may do under paragraphs (a) to (e) and require the person to report to it on what the person has done.368. Paragraphs 39(i) to (m) of the Act are replaced by the following:(l) the circumstances in which the following evidence may be received by it as evidence that any employees wish or do not wish to have a particular employee organization represent them as their bargaining agent, and the circumstances in which it must not make public any evidence so received:(i) evidence as to membership of employees in an employee organization,(ii) evidence of objection by employees to certification of an employee organization, and(iii) evidence of signification by employees that they no longer wish to be represented by an employee organization; and(m) any other matter that is incidental or conducive to the attainment of the objects of this Part.369. Sections 40 and 41 of the Act are repealed.2003, c. 22, s. 274
370. The heading before section 44 and sections 44 to 53 of the Act are repealed.371. Section 147 of the Act is replaced by the following:Powers
147. (1) The arbitration board has all the powers of the Board set out in paragraphs 16(c) and (d) of this Act and paragraphs 20(a) and (d) to (f) of the Public Service Labour Relations and Employment Board Act.Delegation
(2) The arbitration board may authorize any person to exercise any of its powers set out in paragraphs 16(c) and (d) of this Act and paragraphs 20(d) and (e) of the Public Service Labour Relations and Employment Board Act, and require that person to report to it on the exercise of those powers.372. Section 174 of the Act is replaced by the following:Powers
174. (1) The public interest commission has all the powers of the Board set out in paragraphs 16(c) and (d) of this Act and paragraphs 20(a) and (d) to (f) of the Public Service Labour Relations and Employment Board Act.Delegation
(2) The public interest commission may authorize any person to exercise any of its powers set out in paragraphs 16(c) and (d) of this Act and paragraphs 20(d) and (e) of the Public Service Labour Relations and Employment Board Act, and require that person to report to it on the exercise of those powers.373. The headings before section 223 of the Act are replaced by the following:AdjudicationNotice to Board374. Subsections 223(1) and (2) of the Act are replaced by the following:Notice
223. (1) A party who refers a grievance to adjudication must, in accordance with the regulations, give notice of the reference to the Board.Action to be taken by Chairperson
(2) If the party specifies in the notice that an adjudicator is named in an applicable collective agreement, that an adjudicator has otherwise been selected by the parties or, if no adjudicator is so named or has been selected, that the party requests the establishment of a board of adjudication, then the Chairperson must, on receipt of the notice by the Board,(a) if the grievance is one arising out of a collective agreement and an adjudicator is named in the agreement, refer the matter to the adjudicator;(b) if the parties have selected an adjudicator, refer the matter to the adjudicator; and(c) if a board of adjudication has been requested and the other party has not objected in the time provided for in the regulations, establish the board and refer the matter to it.Board seized of grievance
(2.1) If the notice does not specify any of the things described in subsection (2), or if a board of adjudication has been requested and the other party has objected in the time provided for in the regulations, the Board is seized of the grievance.375. Section 225 of the Act is replaced by the following:Compliance with procedures
225. No grievance may be referred to adjudication until the grievance has been presented at all required levels in accordance with the applicable grievance process.376. Sections 226 and 227 of the Act are replaced by the following:Powers of adjudicator
226. (1) An adjudicator may, in relation to any matter referred to adjudication, exercise any of the powers set out in paragraph 16(d) of this Act and sections 20 to 23 of the Public Service Labour Relations and Employment Board Act.Powers of adjudicator and Board
(2) An adjudicator or the Board may, in relation to any matter referred to adjudication,(a) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act that are related to the right to equal pay for work of equal value, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any;(b) give relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act; and(c) award interest in the case of grievances involving termination, demotion, suspension or financial penalty at a rate and for a period that the adjudicator or the Board, as the case may be, considers appropriate.377. The heading before section 228 of the Act is replaced by the following:Decision378. Subsections 228(1) and (2) of the Act are replaced by the following:Hearing of grievance
228. (1) If a grievance is referred to adjudication, the adjudicator or the Board, as the case may be, must give both parties to the grievance an opportunity to be heard.Decision on grievance
(2) After considering the grievance, the adjudicator or the Board, as the case may be, must render a decision, make the order that the adjudicator or the Board consider appropriate in the circumstances, and then send a copy of the order — and, if there are written reasons for the decision, a copy of the reasons — to each party, to the representative of each party and to the bargaining agent, if any, for the bargaining unit to which the employee whose grievance it is belongs. The adjudicator must also deposit a copy of the order and, if there are written reasons for the decision, a copy of the reasons, with the Chairperson.379. Sections 229 and 230 of the Act are replaced by the following:Decision requiring amendment
229. An adjudicator’s or the Board’s decision may not have the effect of requiring the amendment of a collective agreement or an arbitral award.Determination of reasonableness of opinion
230. In the case of an employee in the core public administration or an employee of a separate agency designated under subsection 209(3), in making a decision in respect of an employee’s individual grievance relating to a termination of employment or demotion for unsatisfactory performance, an adjudicator or the Board, as the case may be, must determine the termination or demotion to have been for cause if the opinion of the deputy head that the employee’s performance was unsatisfactory is determined by the adjudicator or the Board to have been reasonable.380. The portion of section 231 of the Act before paragraph (a) is replaced by the following:Determination of consent requirement
231. An adjudicator or the Board, when seized of a grievance referred to in subparagraph 209(1)(c)(ii), may determine any question relating to whether381. The portion of section 232 of the Act before paragraph (a) is replaced by the following:Decision in respect of certain policy grievances
232. If a policy grievance relates to a matter that was or could have been the subject of an individual grievance or a group grievance, an adjudicator’s or the Board’s decision in respect of the policy grievance is limited to one or more of the following:382. Sections 233 and 234 of the Act are replaced by the following:No review by court
233. Subsections 34(1) and (3) of the Public Service Labour Relations and Employment Board Act apply, with any necessary modifications, to an adjudicator’s orders and decisions.Filing of order in Federal Court
234. (1) The Board must, on the request in writing of any person who was a party to the proceedings that resulted in an order of an adjudicator or the Board, as the case may be, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the opinion of the Board,(a) there is no indication, or likelihood, of failure to comply with the order; or(b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.Non-application
(2) Section 35 of the Public Service Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1).Effect of filing
(3) An order of an adjudicator or the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.383. Subsection 235(2) of the Act is replaced by the following:Aggrieved employee represented by agent
(2) If an aggrieved employee is represented in the adjudication by a bargaining agent, the bargaining agent is liable to pay and must remit to the Board any part of the costs of the adjudication that may be determined by the Chairperson with the Board’s approval.384. (1) Subparagraph 240(a)(ii) of the Act is replaced by the following:(ii) the “Board” is to be read as a reference to the Public Service Labour Relations and Employment Board,(2) Paragraphs 240(b) and (c) of the Act are replaced by the following:(b) section 156 of that Act does not apply in respect of the Public Service Labour Relations and Employment Board; and(c) the provisions of this Act apply, with any necessary modifications, in respect of matters brought before the Public Service Labour Relations and Employment Board.385. Section 243 of the Act is replaced by the following:Evidence respecting information obtained
243. Members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) are not competent or compellable to appear as witnesses in any civil action, suit or other proceeding respecting information obtained in the discharge of their functions under this Act.386. Paragraph 244(a) of the Act is replaced by the following:(a) notes or draft orders or decisions of an adjudicator;387. Section 245 of the Act is replaced by the following:Criminal or civil proceedings
245. No criminal or civil proceedings lie against a member of an arbitration board, a member of a public interest commission, a mediator, an adjudicator or a person seized of a referral under subsection 182(1) for anything done — or omitted to be done — or reported or said in good faith in the course of the exercise or performance or purported exercise or perform- ance of any power, duty or function under this Act.388. Subsection 247(1) of the Act is replaced by the following:Remuneration and expenses
247. (1) Members of arbitration boards, mediators, adjudicators and persons seized of referrals under subsection 182(1) are entitled to be paid the remuneration and expenses that may be fixed by the Governor in Council.389. Section 248 of the Act is replaced by the following:Payment of witness fees
248. A person who is summoned by an arbitration board, a public interest commission or an adjudicator to attend as a witness at any proceeding under this Act is entitled to receive fees and allowances for so attending that are equal to those to which the person would be entitled if summoned to attend before the Federal Court.390. Section 251 of the Act and the heading before it are repealed.Transitional ProvisionsDefinitions
391. The following definitions apply in sections 392 to 402.“former Board”
« ancienne Commission »
“former Board” means the Public Service Labour Relations Board that is established by section 12 of the Public Service Labour Relations Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force.“new Board”
« nouvelle Commission »
“new Board” means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act.Appointments terminated
392. (1) Members of the former Board cease to hold office on the day on which subsection 366(1) of this Act comes into force.No compensation
(2) Despite the provisions of any contract, agreement or order, no person who was appointed to hold office as a part-time member of the former Board has any right to claim or receive any compensation, dam- ages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.Continuation of proceedings
393. Subject to section 394, every proceeding commenced under the Public Service Labour Relations 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.Persons employed by Public Service Staffing Tribunal
394. Every proceeding commenced under Part 1 or 2 of the Public Service Labour Relations Act before the day on which subsection 366(1) of this Act comes into force that relates to a person who is employed by the Public Service Staffing Tribunal — continued by subsection 88(1) of the Public Service Employment Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force — and that was not finally disposed of by the former Board before that day is deemed to have been discontinued immediately before that day.Continuation — members of former Board
395. (1) A member of the former Board — other than an adjudicator referred to in paragraph 223(2)(d) of the Public Service Labour Relations Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force — may, at the request of the Chairperson of the new Board, continue to hear and decide any matter that was before the member before that day.Powers
(2) For the purposes of subsection (1), a member of the former Board exercises the same powers, and performs the same duties and functions, as a panel of the new Board.Refusal to complete duties
(3) If a member of the former Board refuses to continue to hear or decide any matter referred to in subsection (1), the Chairperson of the new Board may assign it to a panel of the new Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.Supervision by Chairperson of new Board
(4) The Chairperson of the new Board has supervision over and direction of the work of any member of the former Board who continues to hear and decide a matter referred to in subsection (1).Remuneration and expenses
(5) A member of the former Board who continues to hear and decide a matter referred to in subsection (1)(a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and(b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from their ordinary place of residence.Limitation
(6) The Chairperson of the new Board may withdraw from a member of the former Board a matter referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366(1) of this Act comes into force and assign it to a panel of the new Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act on any terms and conditions that the Chairperson of the new Board may specify for the protection and preservation of the rights and interests of the parties.Continuation — former Board member adjudicators
396. (1) An adjudicator referred to in paragraph 223(2)(d) of the Public Service Labour Relations Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force, may, at the request of the Chairperson of the new Board, continue to hear and decide any grievance that was before the adjudicator before that day.Powers
(2) For the purposes of subsection (1), the adjudicator exercises the same powers as an adjudicator under the Public Service Labour Relations Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force.Refusal to complete duties
(3) If an adjudicator refuses to continue to hear or decide a grievance referred to in subsection (1), the new Board is seized of the grievance.Supervision by Chairperson of new Board
(4) The Chairperson of the new Board has supervision over and direction of the work of any adjudicator who continues to hear and decide a grievance referred to in subsection (1).Remuneration and expenses
(5) An adjudicator who continues to hear and decide a grievance referred to in subsection (1)(a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and(b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from their ordinary place of residence.Limitation
(6) The Chairperson of the new Board may withdraw from an adjudicator a griev- ance referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366(1) of this Act comes into force. If the Chairperson of the new Board withdraws the grievance, the new Board becomes seized of it.Persons employed by former Board
397. Nothing in this Division affects the status of any person who was employed by the former Board immediately before the day on which subsection 366(1) of this Act comes into force, except that, as of that day, the person is employed by the new Board.Rights and obligations transferred
398. All rights and property held by or in the name of or in trust for the former Board and all obligations and liabilities of the former Board are deemed to be rights, property, obligations and liabilities of the new Board.References
399. Every reference to the former Board in a deed, contract or other document executed or, in Quebec, signed by the former Board in its own name is to be read as a reference to the new Board, unless the context requires otherwise.Continuation of legal proceedings
400. Any action, suit or other proceeding to which the former Board is a party that is pending in any court on the day on which subsection 366(1) of this Act comes into force may be continued by or against the new Board in the same manner and to the same extent as it could have been continued by or against the former Board.Commencement of legal proceedings
401. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Board may be brought against the new Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Board.Orders and decisions continued
402. Every order or decision made by the former Board is deemed to have been made by the new Board and may be enforced as such.2003, c. 22, ss. 12 and 13
Public Service Employment ActAmendments to the Act403. (1) The definition “Tribunal” in subsection 2(1) of the Public Service Employment Act is repealed.(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:“Board”
« Commission des relations de travail et de l’emploi »
“Board” means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act.404. (1) The portion of subsection 35(1) of the Act before paragraph (a) is replaced by the following:Mobility — separate agencies
35. (1) Unless otherwise provided in this or any other Act, a person employed in a separate agency to which the Commission does not have the exclusive authority to make appointments(2) Section 35 of the Act is amended by adding the following after subsection (1):Exception
(1.1) Paragraph (1)(b) does not apply to persons employed by the Board.(3) Subsection 35(3) of the Act is repealed.405. The headings before section 88 and sections 88 to 96 of the Act are replaced by the following:PART 6PUBLIC SERVICE LABOUR RELATIONS AND EMPLOYMENT BOARDPowers, Duties and FunctionsComplaints
88. The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77 and 83.Powers
89. Subject to any limitations that the Governor in Council may establish in the interests of defence or security, the Board has, in relation to a complaint, the power to enter any premises of an employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliances or articles in the premises and require any person in the premises to answer all questions relating to the complaint.406. The heading before section 97 of the Act is replaced by the following:Mediation Services407. Sections 98 to 104 of the Act are replaced by the following:Complaint ProcedureFiling of order in Federal Court
103. (1) The Board must, on the request in writing of the Commission or any person to whom an order of the Board applies, file a certified copy of the order in the Federal Court unless, in the Board’s opinion(a) there is no indication, or likelihood, of failure to comply with the order; or(b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.Non-application
(2) Section 35 of the Public Service Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1).Effect of filing
(3) An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.Copy of decision provided
103.1 The Board shall render a decision on a complaint made under subsection 65(1) or section 74, 77 or 83 and provide a copy of it — including any written reasons — and any accompanying order to the Commission and to each person who exercised the right to be heard on the complaint.GeneralCertain persons not compellable as witnesses
104. Persons providing mediation services under this Part are not competent or compellable to appear as witnesses in any civil action, suit or other proceeding respecting information obtained in the discharge of their functions under this Part.408. Paragraph 105(a) of the Act is repealed.409. Sections 106 to 108 of the Act are repealed.410. The heading before section 109 of the Act is replaced by the following:Regulations411. Paragraphs 109(b) and (c) of the Act are repealed.412. Section 110 of the Act is repealed.413. Subsection 111(2) of the Act is replaced by the following:Meaning of “deputy head”
(2) For the purposes of this Part, “deputy head” includes a Commissioner who is appointed under subsection 4(5) and the Chairperson of the Board who is appointed under subsection 8(1) of the Public Service Labour Relations and Employment Board Act.Terminology
414. The Act is amended by replacing “Tribunal” with “Board” in the following provisions:(a) section 38;(b) section 65;(c) the heading before section 74 and sections 74 to 76;(d) the heading before section 77 and sections 77 to 85;(e) section 87;(f) section 97; and(g) the portion of section 109 before paragraph (a).Transitional ProvisionsDefinitions
415. The following definitions apply in sections 416 to 424.“Board”
« Commission »
“Board” means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act.“Tribunal”
« Tribunal »
“Tribunal” means the Public Service Staffing Tribunal that is continued by subsection 88(1) of the Public Service Employment Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force.Appointments terminated
416. (1) Members of the Tribunal cease to hold office on the day on which subsection 366(1) of this Act comes into force.No compensation
(2) Despite the provisions of any contract, agreement or order, no person who was appointed to hold office as a part-time member of the Tribunal has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.Continuation of proceedings
417. Subject to subsection 418(1), every proceeding commenced with respect to a complaint made under subsection 65(1) or sections 74, 77 or 83 of the Public Service Employment 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.Continuation — member of Tribunal
418. (1) A member of the Tribunal may, at the request of the Chairperson of the Board, continue to consider and dispose of any complaint that was before the member before the day on which subsection 366(1) of this Act comes into force.Powers
(2) For the purposes of subsection (1), a member of the Tribunal exercises the same powers, and performs the same duties and functions, as a panel of the Board.Refusal to complete duties
(3) If a member of the Tribunal refuses to continue to consider or dispose of a complaint referred to in subsection (1), the Chairperson of the Board may assign it to a panel of the Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act, on any terms and conditions that the Chairperson of the Board may specify for the protection and preservation of the rights and interests of the parties.Supervision by Chairperson of Board
(4) The Chairperson of the Board has supervision over and direction of the work of any member of the Tribunal who continues to consider and dispose of a complaint referred to in subsection (1).Remuneration and expenses
(5) A member of the Tribunal who continues to consider and dispose of a complaint referred to in subsection (1)(a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and(b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from their ordinary place of residence.Limitation
(6) The Chairperson of the Board may withdraw from a member of the Tribunal a complaint referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366(1) of this Act comes into force and assign it to a panel of the Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act, on any terms and conditions that the Chairperson of the Board may specify for the protection and preservation of the rights and interests of the parties.Persons employed by Tribunal
419. Nothing in this Division affects the status of any person who, immediately before the day on which subsection 366(1) of this Act comes into force, is employed by the Tribunal, except that, as of that day, the person is employed by the Board.Rights and obligations transferred
420. All rights and property held by or in the name of or in trust for the Tribunal and all obligations and liabilities of the Tribunal are deemed to be rights, property, obligations and liabilities of the Board.References
421. Every reference to the Tribunal in a deed, contract or other document executed or, in Quebec, signed by the Tribunal in its own name is to be read as a reference to the Board, unless the context requires otherwise.Continuation of legal proceedings
422. Any action, suit or other proceeding to which the Tribunal is a party that is pending in any court on the day on which subsection 366(1) of this Act comes into force may be continued by or against the Board in the same manner and to the same extent as it could have been continued by or against the Tribunal.Commencement of legal proceedings
423. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Tribunal may be brought against the Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Tribunal.Orders and decisions continued
424. Every order or decision made by the Tribunal is deemed to have been made by the Board and may be enforced as such.R.S., c. 33 (2nd Supp.)
Parliamentary Employment and Staff Relations ActAmendments to the Act2003, c. 22, s. 182(3)
425. The definition “Board” in section 3 of the Parliamentary Employment and Staff Relations Act is replaced by the following:“Board”
« Commission »
“Board” means the Public Service Labour Relations and Employment Board established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act;2003, c. 22, ss. 183(E), 184 and 185
426. The headings before section 9 and sections 9 to 11 of the Act are replaced by the following:Division IPublic Service Labour Relations and Employment BoardApplication of Certain ActsApplication
9. Unless otherwise provided in this Part, the provisions of the Public Service Labour Relations and Employment Board Act and the Public Service Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application,(a) a reference to either of those Acts in any of those provisions shall be read as a reference to this Part; and(b) words and expressions used in those provisions that are defined by this Part shall have the meaning given to them by this Part.Powers, Duties and FunctionsPowers, duties and functions
10. The Board shall administer this Part and shall exercise the powers and perform the duties and functions that are conferred or imposed on it by, or are incidental to the attainment of the objects of, this Part including the making of orders requiring compliance with this Part, with any regulation made under this Part or with any decision made in respect of a matter coming before the Board under this Part.427. (1) Paragraphs 12(1)(f) to (i) of the Act are replaced by the following:(f) the establishment of rules of procedure for the hearings of an adjudicator;(h) the circumstances in which evidence as to membership of employees in an employee organization may be received by the Board as evidence that any employees wish or do not wish to have that employee organization represent them as their bargaining agent;(2) Paragraph 12(1)(k) of the Act is replaced by the following:(k) any other matter that is incidental or conducive to the attainment of the objects of this Part.428. (1) Paragraphs 15(a) to (c) of the Act are repealed.(2) Paragraph 15(f) of the Act is replaced by the following:(f) to authorize any person to do anything that the Board may do under paragraphs (d) and (e) and to require the person to report to the Board on it.429. Subsection 49(3) of the Act is replaced by the following:Powers of arbitrator
(3) An arbitrator appointed under this section has all the powers of the Board set out in paragraph 15(d) of this Act and paragraphs 20(d) and (e) of the Public Service Labour Relations and Employment Board Act.430. Subsection 50(1) of the Act is replaced by the following:Request for arbitration
50. (1) If the parties to collective bargaining have bargained collectively in good faith with a view to concluding a collective agreement but have been unable to reach agreement on any term or condition of employment of employees in the relevant bargaining unit that may be embodied in an arbitral award, either party may, by notice in writing to the Board given in accordance with subsection (2), request arbitration in respect of that term or condition of employment.431. Subsection 51(1) of the Act is replaced by the following:Request for arbitration by other party
51. (1) If notice under section 50 is received by the Board from any party requesting arbitration, the Chairperson shall as soon as feasible send a copy of the notice to the other party, who shall within seven days after receipt of it advise the Chairperson, by notice in writing, of any matter, additional to the matters specified in the notice under section 50, that was a subject of negotiation between the parties during the period before the arbitration was requested but on which the parties were unable to reach agreement and in respect of which, being a matter that may be embodied in an arbitral award, that other party requests arbitration.432. Paragraph 66(4)(a) of the Act is replaced by the following:(a) shall not be a member of the Board but has, for the purposes of the adjudication, all the powers, rights and privileges of the Board other than the power to make regulations under section 12 of this Act or section 36 of the Public Service Labour Relations and Employment Board Act; and1992, c. 1, s. 111
433. Section 66.1 of the Act is replaced by the following:Powers of adjudicator
66.1 An adjudicator has, for the purposes of the adjudication of a grievance respecting a matter referred to in paragraph 63(1)(a), (b) or (c) that is referred to adjudication, the powers that the Board has under paragraph 15(d) of this Act and paragraphs 20(a) and (d) to (f) of the Public Service Labour Relations and Employment Board Act, in relation to the hearing or determination of a proceeding before it.434. Paragraph 68(2)(b) of the Act is replaced by the following:(b) deposit a copy of the decision with the Board.435. Subsection 69(2) of the Act is replaced by the following:If no adjudicator named in agreement
(2) If a grievance is referred to adjudication but is not referred to an adjudicator named in a collective agreement, and the employee, whose grievance it is, is represented in the adjudication proceedings by the bargaining agent for the bargaining unit to which the employee belongs, the bargaining agent, subject to subsection (3), is liable to pay and shall remit to the Board any part of the costs of the adjudication that may be determined by the Chairperson with the Board’s approval.436. Section 72 of the Act and the heading “Review of Orders” before it are replaced by the following: