Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)
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Assented to 2013-12-12
PART 3VARIOUS MEASURES
Division 17Public Service Labour Relations
2003, c. 22, s. 2Public Service Labour Relations Act
310. The Act is amended by adding the following after section 158:
Review
Marginal note:Review
158.1 (1) Within seven days after the day on which an arbitral award is made, the Chairperson may direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 based on a full consideration of the written submissions provided to the arbitration board.
Marginal note:Review — application
(2) On application by either party to an arbitral award, made within seven days after the day on which the arbitral award is made, the Chairperson may, within seven days after the day on which the application is made, direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 based on a full consideration of the written submissions provided to the arbitration board.
Marginal note:Duty to confirm or amend
(3) Within 30 days after the day on which the Chairperson directs it to review the arbitral award, or any part of it, the arbitration board must either confirm the award or amend it and provide the Chairperson with reasons in writing for doing so. If the arbitral award is amended, the arbitration board must also provide the Chairperson with a copy of the amended arbitral award.
Marginal note:Notice
(4) The Chairperson must, without delay, inform the parties of the arbitration board’s decision and provide them with a copy of that board’s reasons in writing. If the arbitral award is amended, the Chairperson must also provide the parties with a copy of the amended arbitral award.
Marginal note:Restriction
(5) For greater certainty, the arbitration board’s power to amend the arbitral award is restricted to amending it only in relation to the matters in dispute that were originally referred to it.
311. Paragraph 160(a) of the French version of the Act is replaced by the following:
a) d’une part, le mode de règlement des différends applicable à l’unité de négociation est la conciliation;
312. Subsection 164(1) of the Act is replaced by the following:
Marginal note:Constitution
164. (1) The public interest commission consists of either a single member appointed in accordance with section 165 or, subject to subsection (2), three members, appointed in accordance with section 167.
313. Sections 165 and 166 of the Act are replaced by the following:
Marginal note:Commission with single member
165. (1) If the public interest commission is to consist of a single member, the Chairperson must submit to the Minister the name of a person jointly recommended by the bargaining agent and the employer. If no person is so recommended, the Chairperson may, at his or her discretion, recommend the appointment of a particular person.
Marginal note:Appointment
(2) After receiving the recommendation, the Minister must, without delay, appoint the person recommended.
314. Subsections 167(3) to (5) of the Act are replaced by the following:
Marginal note:Appointment of chairperson nominated by parties
(3) Within five days after the day on which the second member is appointed, the two members must nominate a person to be the chairperson and third member of the public interest commission, and the Chairperson must recommend to the Minister the appointment of that person. The Minister must appoint the person, without delay, as chairperson and third member of the commission.
Marginal note:Failure to nominate
(4) If the two members fail to make a nomination under subsection (3), the Chairperson must, without delay, recommend to the Minister the appointment of a particular person as the chairperson and third member of the public interest commission.
Marginal note:Appointment
(5) After receiving the recommendation, the Minister must, without delay, appoint the person recommended as the chairperson and third member of the public interest commission.
315. Subsection 170(1) of the Act is replaced by the following:
Marginal note:Death, incapacity or resignation of single member
170. (1) In the event of the death, incapacity or resignation of the member of a public interest commission that consists of a single member before the commission makes a report to the Chairperson, the Chairperson must recommend to the Minister the appointment of another person under section 165 and the Minister must, without delay, appoint that person. That person must recommence the conciliation proceedings from the beginning.
316. (1) Section 175 of the Act is replaced by the following:
Marginal note:Preponderant factors
175. (1) In determining whether compensation levels and other terms and conditions represent a prudent use of public funds and are sufficient to allow the employer to meet its operational needs, the public interest commission is to be guided by and to give preponderance to the following factors in the conduct of its proceedings and in making a report to the Chairperson:
(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; and
(b) Canada’s fiscal circumstances relative to its stated budgetary policies.
Marginal note:Other factors
(2) If relevant to the making of a determination under subsection (1), the public interest commission may take any of the following factors into account:
(a) relationships with compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;
(b) the compensation and other terms and conditions of employment relative to employees in similar occupations in the private and public sectors, including any geographical, industrial or other variations that the public interest commission considers relevant;
(c) compensation and other terms and conditions of employment that are reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(d) the state of the Canadian economy.
(2) Section 175 of the Act is amended by adding the following after subsection (2):
Marginal note:Public Sector Equitable Compensation Act
(3) Nothing in subsections (1) and (2) precludes the operation of sections 20 and 21 of the Public Sector Equitable Compensation Act.
317. Section 176 of the Act is amended by adding the following after subsection (1):
Marginal note:Reasons
(1.1) The public interest commission must set out in the report the reasons for each of its recommendations.
Marginal note:Terms of employment to be considered
(1.2) The public interest commission must not submit its report without having taken into account all terms and conditions of employment of, and benefits provided to, the employees in the bargaining unit to which the report relates, including salaries, bonuses, allowances, vacation pay, employer contributions to pension funds or plans and all forms of health plans and dental insurance plans.
318. Section 179 of the Act is replaced by the following:
Marginal note:Reconsideration of matters contained in report
179. The Chairperson may direct the public interest commission to reconsider and clarify or amplify its report or any part of it if in his or her opinion section 175 has not been properly applied.
319. (1) Subsection 182(1) of the Act is replaced by the following:
Marginal note:Alternate dispute resolution process
182. (1) Despite any other provision of this Part, the employer and the bargaining agent for a bargaining unit may, at any time in the negotiation of a collective agreement, agree to refer any term or condition of employment of employees in the bargaining unit that may be included in a collective agreement to any eligible person for final and binding determination by whatever process the employer and the bargaining agent agree to. If the employer is a separate agency, it may enter into such an agreement to refer a term or condition for final and binding determination only with the approval of the President of the Treasury Board.
(2) Subsection 182(2) of the French version of the Act is replaced by the following:
Marginal note:Maintien du mode normal de règlement
(2) Le mode de règlement des différends applicable à toute condition d’emploi non renvoyée à la personne en question pour décision définitive et sans appel demeure la conciliation.
320. Paragraph 190(1)(f) of the Act is replaced by the following:
(f) the employer, a bargaining agent or an employee has failed to comply with subsection 125(1) (duty to observe terms and conditions); or
321. Paragraph 192(1)(a) of the Act is replaced by the following:
(a) if the employer has failed to comply with section 107 or subsection 125(1), an order requiring the employer to pay to any employee compensation that is not more than the amount that, in the Board’s opinion, is equivalent to the remuneration that would, but for that failure, have been paid by the employer to the employee;
322. (1) Paragraph 194(1)(e) of the French version of the Act is replaced by the following:
e) si le mode de règlement des différends applicable à l’égard de l’unité de négociation est l’arbitrage;
(2) Paragraphs 194(1)(f) to (j) of the Act are replaced by the following:
(f) the process for resolution of a dispute applicable to the bargaining unit is conciliation and a notice has been given under section 121 to the effect that the employer has, under section 120, designated positions in the bargaining unit and the employer has not notified the bargaining agent under subsection 122(2);
(3) Paragraph 194(1)(k) of the French version of the Act is replaced by the following:
k) si le mode de règlement des différends applicable à l’égard de l’unité de négociation est la conciliation et qu’aucune commission de l’intérêt public n’a été établie pour aider l’employeur et l’organisation syndicale, à titre d’agent négociateur de l’unité de négociation, à conclure ou à réviser la convention collective, sauf si l’organisation syndicale a été avisée conformément au paragraphe 162(3) qu’une telle commission ne serait pas établie;
(4) Subsection 194(2) of the Act is replaced by the following:
Marginal note:Essential services
(2) No employee organization shall declare or authorize a strike the effect of which is or would be to involve the participation of any employee who occupies a position that is designated under section 120, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of a strike in respect of a bargaining unit or the participation of those employees in a strike.
323. (1) Paragraph 196(e) of the French version of the Act is replaced by the following:
e) s’il appartient à une unité de négociation pour laquelle le mode de règlement des différends est l’arbitrage;
(2) Paragraphs 196(f) to (k) of the Act are replaced by the following:
(f) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice has been given under section 121 to the effect that the employer has, under section 120, designated positions in the bargaining unit and the employer has not notified the bargaining agent under subsection 122(2);
(g) occupies a position that has been designated under section 120;
(3) Paragraph 196(l) of the French version of the Act is replaced by the following:
l) s’il appartient à une unité de négociation pour laquelle le mode de règlement des différends est la conciliation et à l’égard de laquelle aucune commission de l’intérêt public n’a été établie pour aider l’employeur et l’agent négociateur de l’unité de négociation à conclure ou à réviser la convention collective, sauf si l’agent négociateur a été avisé conformément au paragraphe 162(3) qu’aucune commission ne serait établie;
324. Section 199 of the Act is replaced by the following:
Marginal note:Obstruction
199. No person shall impede or prevent or attempt to impede or prevent an employee from entering or leaving the employee’s place of work if the employee occupies a position that is designated under section 120.
325. (1) Subsection 208(2) of the Act is replaced by the following:
Marginal note:Limitation
(2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament.
(2) Subsection 208(4) of the Act is replaced by the following:
Marginal note:Agreement required
(4) Unless the grievance is in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, an employee who is included in a bargaining unit may present an individual grievance only if the employee has the approval of and is represented by the bargaining agent for the bargaining unit.
(3) Section 208 of the Act is amended by adding the following after subsection (7):
Marginal note:Discriminatory practices
(8) An individual grievance in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act must be presented at the first level in the grievance process within one year after the last of the acts or omissions that gave rise to the grievance, or any longer period that the Board considers appropriate in the circumstances.
Marginal note:Dismissal
(9) An individual grievance may be dismissed at any level of the grievance process if the grievance is considered to be trivial, frivolous, vexatious or made in bad faith. If it is dismissed, the employee must be informed in writing of the dismissal and the reasons for it.
326. (1) Subsection 209(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:
(c.1) a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act; or
(2) Subsection 209(2) of the Act is replaced by the following:
Marginal note:Agreement required
(2) Unless the grievance is in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, an employee who is included in a bargaining unit may refer an individual grievance to adjudication only if the bargaining agent for the bargaining unit has agreed to represent the employee in the adjudication proceedings.
327. Section 210 of the Act is repealed.
328. Section 211 of the Act is renumbered as subsection 211(1) and is amended by adding the following:
Marginal note:Discriminatory practice
(2) Subsection (1) does not apply in respect of the referral to adjudication of an individual grievance in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.
329. Subsection 215(4) of the Act is replaced by the following:
Marginal note:Limitation
(4) A bargaining agent may not present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament.
330. Section 217 of the Act is repealed.
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