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

Assented to 2013-12-12

R.S., c. C-23Canadian Security Intelligence Service Act

Marginal note:2003, c. 22, s. 143(3)

 Subsection 8(3) of the Canadian Security Intelligence Service Act is replaced by the following:

  • Marginal note:Adjudication of employee grievances

    (3) When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of 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.

R.S., c. F-11Financial Administration Act

Marginal note:1992, c. 1, s. 72; 2003, c. 22, s. 168; SOR/2003-443

 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

  • Public Service Labour Relations Board

    Commission des relations de travail dans la fonction publique

and the corresponding reference in column II to “Minister of Canadian Heritage”.

Marginal note:2003, c. 22, s. 247; SOR/2003-444

 Schedule I.1 to the Act is amended by striking out, in column I, the reference to

  • Public Service Staffing Tribunal

    Tribunal de la dotation de la fonction publique

and the corresponding reference in column II to “Minister of Canadian Heritage”.

 Schedule I.1 to the Act is amended by amended by adding, in alphabetical order in column I, a reference to

  • Public Service Labour Relations and Employment Board

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

and a corresponding reference in column II to “Minister of Canadian Heritage”.

Marginal note:2003, c. 22, s. 11

 Schedule IV to the Act is amended by striking out the following:

  • Public Service Staffing Tribunal

    Tribunal de la dotation de la fonction publique

Marginal note:2003, c. 22, s. 11

 Schedule V to the Act is amended by striking out the following:

  • Public Service Labour Relations Board

    Commission des relations de travail dans la fonction publique

 Schedule V to the Act is amended by adding the following in alphabetical order:

  • Public Service Labour Relations and Employment Board

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

Marginal note:2006, c. 9, s. 270

 Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

  • Public Service Labour Relations Board

    Commission des relations de travail dans la fonction publique

and the corresponding reference in column II to “Chairperson”.

Marginal note:2006, c. 9, s. 270

 Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

  • Public Service Staffing Tribunal

    Tribunal de la dotation de la fonction publique

and the corresponding reference in column II to “Chairperson”.

 Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to

  • Public Service Labour Relations and Employment Board

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

and a corresponding reference in column II to “Chairperson”.

R.S., c. P-21Privacy Act

Marginal note:2003, c. 22, ss. 189 and 248

 The schedule to the Privacy 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

 The schedule 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. P-36Public Service Superannuation Act

Marginal note:2003, c. 22, s. 250

 Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

  • Public Service Staffing Tribunal

    Tribunal de la dotation de la fonction publique

Marginal note:2003, c. 22, s. 213

 Part II of Schedule I to the Act is amended by striking out the following:

  • Public Service Labour Relations Board

    Commission des relations de travail dans la fonction publique

 Part II of Schedule I to the Act is amended by adding the following in alphabetical order:

  • Public Service Labour Relations and Employment Board

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

1991, c. 30Public Sector Compensation Act

 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

  • Public Service Staff Relations Board

    Commission des relations de travail dans la Fonction publique

 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

  • Public Service Labour Relations and Employment Board

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

1992, c. 33Status of the Artist Act

Marginal note:2003, c. 22, s. 220(E)

 Paragraph 9(3)(a) of the Status of the Artist Act is replaced by the following:

  • (a) employees, within the meaning of the Public Service Labour Relations Act, including those determined to be employees by the Public Service Labour Relations and Employment Board, and members of a bargaining unit that is certified by that Board; or

Coordinating Amendments

Marginal note:This Act
  •  (1) On the day on which section 298 comes into force, section 370 is replaced by the following:

    Marginal note:2003, c. 22, s. 274

    370. The heading before section 44 and sections 44 to 52 of the Act are repealed.

  • (2) If section 333 of this Act comes into force before section 376 of this Act, then, on the day on which that section 376 comes into force, paragraph 226(2)(b) of the Public Service Labour Relations Act is replaced by the following:

    • (b) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of the Canadian Human Rights Act; and

  • (3) If section 376 comes into force before section 333, then that section 333 is replaced by the following:

    333. Paragraph 226(2)(b) of the Act is replaced by the following:

    • (b) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of the Canadian Human Rights Act; and

  • (4) If section 333 comes into force on the same day as section 376, then that section 333 is deemed to have come into force before that section 376 and subsection (2) applies as a consequence.

  • (5) On the first day on which both sections 334 and 381 of this Act are in force, the portion of section 232 of the Public Service Labour Relations Act before paragraph (a) is replaced by the following

    Marginal note:Decision in respect of policy grievances

    232. An adjudicator’s or the Board’s decision in respect of a policy grievance is limited to one or more of the following:

  • (6) If section 335 comes into force before section 383, then that section 383 is replaced by the following:

    383. Subsection 235(6) of the French version of the Act is replaced by the following:

    • Marginal note:Alinéas 209(1)b), c), c.1) ou d)

      (6) Dans le cas du renvoi à l’arbitrage d’un grief individuel d’un type visé aux alinéas 209(1)b), c), c.1) ou d) par un fonctionnaire s’estimant lésé qui ne fait pas partie d’une unité de négociation, les frais d’arbitrage sont à la charge de la Commission.

  • (7) If section 383 of this Act comes into force before section 335 of this Act, then, on the day on which that section 335 comes into force, subsection 235(6) of the French version of the Public Service Labour Relations Act is replaced by the following:

    • Marginal note:Alinéas 209(1)b), c), c.1) ou d)

      (6) Dans le cas du renvoi à l’arbitrage d’un grief individuel d’un type visé aux alinéas 209(1)b), c), c.1) ou d) par un fonctionnaire s’estimant lésé qui ne fait pas partie d’une unité de négociation, les frais d’arbitrage sont à la charge de la Commission.

  • (8) If section 335 comes into force on the same day as section 383, then that section 383 is deemed to have come into force before that section 335 and subsection (7) applies as a consequence.

  • (9) On the day on which section 337 comes into force, section 388 is repealed.

  • (10) If section 356 of this Act comes into force before section 405 of this Act, then, on the day on which that section 405 comes into force, section 88 of the Public Service Employment Act is replaced by the following:

    Marginal note:Complaints

    88. The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77, 78 and 83.

  • (11) If section 405 comes into force before section 356, then that section 356 is replaced by the following:

    356. Section 88 of the Act is replaced by the following:

    Marginal note:Complaints

    88. The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77, 78 and 83.

  • (12) If section 356 comes into force on the same day as section 405, then that section 356 is deemed to have come into force before that section 405 and subsection (10) applies as a consequence.

  • (13) If section 357 of this Act comes into force before section 407 of this Act, then, on the day on which that section 407 comes into force, section 89 of the Public Service Employment Act is replaced by the following:

    Marginal note:Powers
    • 89. (1) 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.

    • Marginal note:Dismissing complaint

      (2) The Board may summarily dismiss a complaint if the complainant fails to comply with any procedures set out in this Act, or the Board’s regulations, in relation to a complaint.

    • Marginal note:Dismissing complaint

      (3) The Board may summarily dismiss a complaint if the deputy head has taken the corrective action that the Board considers appropriate in relation to the complaint.

  • (14) If section 407 comes into force before section 357, then that section 357 is replaced by the following:

    357. Section 89 of the Act is replaced by the following:

    Marginal note:Powers
    • 89. (1) 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.

    • Marginal note:Dismissing complaint

      (2) The Board may summarily dismiss a complaint if the complainant fails to comply with any procedures set out in this Act, or the Board’s regulations, in relation to a complaint.

    • Marginal note:Dismissing complaint

      (3) The Board may summarily dismiss a complaint if the deputy head has taken the corrective action that the Board considers appropriate in relation to the complaint.

  • (15) If section 357 comes into force on the same day as section 407, then that section 357 is deemed to have come into force before that section 407 and subsection (13) applies as a consequence.

  • (16) On the first day on which both sections 358 and 407 of this Act are in force, section 103.1 of the Public Service Employment Act is replaced by the following:

    Marginal note:Copy of decision provided

    103.1 The Board 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.

 
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