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Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)

Assented to 2013-12-12

 The heading before section 228 of the Act is replaced by the following:

Decision

 Subsections 228(1) and (2) of the Act are replaced by the following:

Marginal note: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.

  • Marginal note: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.

 Sections 229 and 230 of the Act are replaced by the following:

Marginal note: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.

Marginal note: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.

 The portion of section 231 of the Act before paragraph (a) is replaced by the following:

Marginal note: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 whether

 The portion of section 232 of the Act before paragraph (a) is replaced by the following:

Marginal note: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:

 Sections 233 and 234 of the Act are replaced by the following:

Marginal note: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.

Marginal note: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.

  • Marginal note: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).

  • Marginal note: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.

 Subsection 235(2) of the Act is replaced by the following:

  • Marginal note: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.

  •  (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.

 Section 243 of the Act is replaced by the following:

Marginal note: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.

 Paragraph 244(a) of the Act is replaced by the following:

  • (a) notes or draft orders or decisions of an adjudicator;

 Section 245 of the Act is replaced by the following:

Marginal note: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 performance of any power, duty or function under this Act.

 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.

 Section 248 of the Act is replaced by the following:

Marginal note: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.

 Section 251 of the Act and the heading before it are repealed.

Transitional Provisions

Marginal note:Definitions

 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.

Marginal note:Appointments terminated
  •  (1) Members of the former Board cease to hold office on the day on which subsection 366(1) of this Act comes into force.

  • Marginal note: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, 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.

Marginal note:Continuation of proceedings

 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.

Marginal note:Persons employed by Public Service Staffing Tribunal

 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.

 
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