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
331. Subsections 220(1) and (2) of the Act are replaced by the following:
Marginal note:Right of employer and bargaining agent
220. (1) If the employer and a bargaining agent are bound by an arbitral award or have entered into a collective agreement and the employer or the bargaining agent seeks to enforce an obligation that is alleged to arise out of the award or agreement, other than an obligation the enforcement of which may be the subject of a grievance of an employee in the bargaining unit to which the agreement or award applies, either of them may present a policy grievance to the other.
Marginal note:Limitation
(2) Neither the employer nor a bargaining agent may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament.
332. Section 222 of the Act is repealed.
333. (1) Paragraph 226(1)(h) of the Act is replaced by the following:
(h) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of the Canadian Human Rights Act;
(2) Paragraph 226(1)(j) of the Act is replaced by the following:
(j) summarily dismiss grievances that in the adjudicator’s opinion are trivial, frivolous, vexatious or made in bad faith.
334. Section 232 of the Act is replaced by the following:
Marginal note:Decision in respect of policy grievances
232. An adjudicator’s decision in respect of a policy grievance is limited to one or more of the following:
(a) declaring the correct interpretation of a collective agreement or an arbitral award;
(b) declaring that the collective agreement or arbitral award has been contravened; and
(c) requiring the employer or bargaining agent, as the case may be, to interpret the collective agreement or arbitral award in a specified manner, without giving it retroactive effect.
335. Section 235 of the Act is replaced by the following:
Marginal note:Individual grievance — paragraph 209(1)(a)
235. (1) Subject to subsection (3), if an individual grievance that is related to matters referred to in paragraph 209(1)(a) is referred to adjudication by an aggrieved employee, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employee in the adjudication proceedings.
Marginal note:Paragraph 209(1)(b) or (c)
(2) If an individual grievance that is related to matters referred to in paragraph 209(1)(b) or (c) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne in equal parts by the bargaining agent and the deputy head responsible for the portion of the public service that employs the aggrieved employee in the adjudication proceedings.
Marginal note:Paragraph 209(1)(a) and paragraph 209(1)(b) or (c)
(3) If an individual grievance that is related to matters referred to in paragraph 209(1)(a) and matters referred to in paragraph 209(1)(b) or (c) or to matters in both of those paragraphs is referred to adjudication by an aggrieved employee, the expenses of the adjudication are to be borne in equal parts by the bargaining agent and the deputy head responsible for the portion of the public service that employs the aggrieved employee in the adjudication proceedings.
Marginal note:Paragraph 209(1)(c.1)
(4) If an individual grievance that is related to matters referred to in paragraph 209(1)(c.1) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne by the Board.
Marginal note:Paragraph 209(1)(d)
(5) If an individual grievance that is related to matters referred to in paragraph 209(1)(d) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employee in the adjudication proceedings.
Marginal note:Paragraph 209(1)(b), (c), (c.1) or (d)
(6) If an individual grievance that is related to matters referred to in paragraph 209(1)(b), (c), (c.1) or (d) is referred to adjudication by an aggrieved employee who is not included in a bargaining unit, the expenses of the adjudication are to be borne by the Board.
Marginal note:Recovery
(7) Any amount that by this section is payable by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.
Marginal note:Determination by Chairperson
(8) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.
Marginal note:Group grievance
235.1 (1) If a group grievance is referred to adjudication, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employees in the adjudication proceedings.
Marginal note:Recovery
(2) Any amount that by subsection (1) is payable by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.
Marginal note:Determination by Chairperson
(3) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.
Marginal note:Policy grievance
235.2 (1) If a policy grievance is referred to adjudication, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent to the adjudication proceedings.
Marginal note:Recovery
(2) Any amount that by subsection (1) is payable by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.
Marginal note:Determination by Chairperson
(3) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.
336. (1) Subsection 237(1) of the Act is amended by adding “and” at the end of paragraph (g), by striking out “and” at the end of paragraph (h) and by repealing paragraph (i).
(2) Section 237 of the Act is amended by adding the following after subsection (1):
Marginal note:Extensions
(1.1) Regulations made under paragraph (1)(d), (f) or (h) may provide for extensions of time only in circumstances that the Board considers to be exceptional.
337. Subsection 247(1) of the Act is replaced by the following:
Marginal note: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.
Transitional Provisions
Marginal note:Definitions
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.
Marginal note:Words and expressions
(2) Unless the context otherwise requires, words and expressions used in this section have the same meaning as in the Act.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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-6Canadian Human Rights Act
Amendments to the Act
340. Section 40.1 of the Canadian Human Rights Act is amended by adding the following after subsection (2):
Marginal note: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.
Marginal note: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 Provision
Marginal note:Complaints
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 13Public Service Employment Act
Amendments to the Act
342. (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.
Marginal note: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.
Marginal note: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.
Marginal note: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:
Marginal note: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:
Marginal note: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.
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