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

Assented to 2013-12-12

PART 3VARIOUS MEASURES

Division 18Reorganization of Federal Public Service Labour Relations and Employment Boards

R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

  • 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 (1) Paragraphs 15(a) to (c) of the Act are repealed.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:

  • Marginal note: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:

Marginal note: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:

Marginal note: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; and

Marginal note:1992, c. 1, s. 111

433. Section 66.1 of the Act is replaced by the following:

Marginal note: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:

  • Marginal note: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:

Review of Decisions

Marginal note:No review by court

  • 72. (1) Except as provided in this Part, every award or decision of an arbitrator appointed under section 49 or an adjudicator is final and shall not be questioned or reviewed in any court.

  • Marginal note:No review by injunction, etc.

    (2) No order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator appointed under section 49 or an adjudicator in any of the proceedings of the arbitrator or adjudicator.

437. Section 78 of the Act and the heading before it are replaced by the following:

Protection

Marginal note:Evidence respecting information obtained

78. No adjudicator, conciliator or person appointed by the Board and no arbitrator appointed under section 49 shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of his or her duties under this Part.

Transitional Provision

Marginal note:Continuation of proceedings

438. Every proceeding commenced under the Parliamentary Employment and Staff 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.

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

Amendment to the Act

Marginal note:1990, c. 8, s. 8; 2003, c. 22, s. 262(E)

439. Paragraph 28(1)(i) of the Federal Courts Act is replaced by the following:

  • (i) 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;

  • (i.1) adjudicators as defined in subsection 2(1) of the Public Service Labour Relations Act;

Transitional Provision

Marginal note:Applications for judicial review

440. A decision of an adjudicator, as defined in subsection 2(1) of the Public Service Labour Relations Act, in respect of which an application for judicial review has been made before the day on which subsection 366(1) of this Act comes into force is to be dealt with as if that subsection had not come into force.

2009, c. 2, s. 394Public Sector Equitable Compensation Act

Amendment to the Act

441. The definition “Board” in subsection 2(1) of the Public Sector Equitable Compensation Act is replaced by the following:

“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.

442. The heading “PUBLIC SERVICE LABOUR RELATIONS BOARD” before section 25 of the Act is replaced by the following:

PUBLIC SERVICE LABOUR RELATIONS AND EMPLOYMENT BOARD

443. Subsection 25(2) of the Act is replaced by the following:

  • Marginal note:Regulations

    (2) The Board may make regulations concerning the procedure in respect of the making of complaints under this Act and any other matter that is incidental or conducive to the exercise of its powers and the performance of its duties and functions under this Act.

444. Subsection 28 of the Act is replaced by the following:

Marginal note:Notice to employee

28. If the Board decides not to deal with a complaint filed with it under this Act, it shall send a written notice of its decision and the reasons for it to the employee who filed the complaint and to the employer or bargaining agent, as the case may be  —  or, in the case of a complaint filed under section 24, to the employer and the bargaining agent  —  to whom the complaint relates.

Transitional Provision

Marginal note:Continuation of proceedings

445. Every proceeding commenced under the Public Sector Equitable Compensation 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.

Consequential Amendments

R.S., c. A-1Access to Information Act

Marginal note:2003, c. 22, ss. 88 and 246

446. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Public Service Labour Relations Board

    Commission des relations de travail dans la fonction publique

  • Public Service Staffing Tribunal

    Tribunal de la dotation de la fonction publique

447. Schedule I to the Act is amended by adding the following, in alphabetical order, under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Public Service Labour Relations and Employment Board

    Commission des relations de travail et de l’emploi dans la fonction publique

R.S., c. C-5Canada Evidence Act

Marginal note:2003, c. 22, s. 105

448. Item 11 of the schedule to the Canada Evidence Act is replaced by the following:

  • 11. 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, for the purposes of a grievance process under the Public Service Labour Relations Act with respect to an employee of the Canadian Security Intelligence Service, with the exception of any information provided to the Board by the employee

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