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202211
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PUBLIC SERVICE EMPLOYMENT ACTPublic Service Staffing Complaints RegulationsThe Public Service Staffing Tribunal, pursuant to section 109 of the Public Service Employment Acta, hereby makes the annexed Public Service Staffing Tribunal Regulations.S.C. 2003, c. 22, ss. 12 and 13Ottawa, December 22, 2005Interpretation
DefinitionsThe following definitions apply in these Regulations.Act means the Public Service Employment Act. (Loi)contact information means a telephone number, mailing and electronic address. (coordonnées)day means a calendar day. (jour)Executive Director[Repealed, SOR/2014-250, s. 2]intervenor means anyone who is allowed under subsection 19(4) to intervene in the hearing of a complaint. (intervenant)party means anyone who has a right to be heard under subsection 65(3), section 75, subsection 79(1) or section 85 of the Act. (partie)respondent meansthe deputy head, in the case of a complaint that relates to a lay-off, revocation, appointment or proposed appointment in respect of which the Commission has authorized the deputy head under section 15 of the Act to exercise or perform any of the Commission’s powers and functions; orthe Commission, in any other case. (intimé)signature means a handwritten or electronic signature that consists of one or more letters, characters, numbers or other symbols in digital form and that is incorporated in, attached to or associated with an electronic document or electronic information. (signature)standardized test[Repealed, SOR/2011-116, s. 1]writing includes, with respect to a person with a disability that affects the capacity to communicate in writing, any means of communication that can be used and understood by that person and that may be retained. (écrit)Canadian Human Rights CommissionFor the purposes of these Regulations, the Canadian Human Rights Commission is a participant in a proceeding in relation to a complaint if the Canadian Human Rights Commission has given notice under subsection 20(3) that it intends to make submissions regarding an issue raised by the complainant involving the interpretation or the application of the Canadian Human Rights Act.Accessibility CommissionerFor the purposes of these Regulations, the Accessibility Commissioner is a participant in a proceeding in relation to a complaint if the Accessibility Commissioner has given notice under subsection 20.1(3) that they intend to make submissions regarding an issue raised by the complainant involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act.SOR/2011-116, s. 1; SOR/2014-250, s. 2SOR/2022-243, s. 1
Application
ApplicationThese Regulations apply to all complaints made to the Board under subsection 65(1) or section 74, subsection 77(1) or section 83 of the Act.SOR/2014-250, s. 8
General Provisions
When notice considered receivedA notice that is sent to a party, an intervenor, the Canadian Human Rights Commission or the Accessibility Commissioner is considered to have been receivedif the notice is sent by electronic mail, fax, or other electronic means, on the day on which it is sent;if it is sent by courier or delivered by hand, on the day on which it is received; orif it is sent by mail, on the day that is six days after the date of the postmark or of the postage meter impression authorized by the Canada Post Corporation, or if both the postmark and postage meter impression appear on the envelope, on the later of the dates indicated.SOR/2022-243, s. 2
Alternate methods of providing notices and other documentsDespite any provisions of these Regulations, the Board may, in the interest of fairness, establish alternate methods of providing notices and other documents.SOR/2014-250, s. 8
Amendment of timeThe Board may extend or reduce the time to do any act or file any notice or other document in relation to a complaint.[Repealed, SOR/2022-243, s. 3]DeterminationThe Board must determine whether it is in the interest of fairness to extend or reduce the time and, if it is, the length of the extension or reduction.SOR/2011-116, s. 2; SOR/2014-250, s. 8SOR/2022-243, s. 3
[Repealed, SOR/2011-116, s. 2]
Computation of timeA time period calculated under these Regulations that ends on a Saturday or a holiday is extended to end on the next day after that is not a Saturday or a holiday.
Consolidation of proceedingsTo ensure the expeditious resolution of complaints, the Board may direct that proceedings be consolidated and may issue directions in respect of the conduct of the consolidated proceedings.SOR/2011-116, s. 3; SOR/2014-250, s. 8
Informal and expeditious proceedingProceedings before the Board may be conducted as informally and expeditiously as the circumstances and the considerations of fairness permit.SOR/2014-250, s. 3SOR/2022-243, s. 4
Complaint considered withdrawnThe Board may, on its own initiative, send a notice of status review to each of the parties that requires them to make submissions stating the reasons why the complaint should not be considered to be withdrawn and, if there is no response within the period specified by the Board, may consider the complaint to be withdrawn.SOR/2022-243, s. 4
Technical irregularityNo proceeding is invalid by reason only of a defect in form or a technical irregularity.
Making a Complaint
Time for making complaintA complaint must be received by the Board no later than 15 days afterthe day on which the complainant receives notice of the lay-off, revocation, appointment or proposed appointment to which the complaint relates; orthe date specified in the notice, if it is a public notice.Receipt of complaintA complaint is considered to have been received by the Boardif the complaint is sent by electronic mail, fax or other electronic means, on the day on which it is sent;if it is sent by courier, on the day on which it is sent;if it is delivered by hand, on the day on which it is received; orif it is sent by mail, on the day that is the date of the postmark or of the postage meter impression authorized by the Canada Post Corporation, or if both the postmark and postage meter impression appear on the envelope, on the later of the dates indicated.SOR/2011-116, s. 4; SOR/2014-250, s. 8SOR/2022-243, s. 5
Form and content of complaintA complaint must be filed with the Board in writing and must includethe name and contact information of the complainant that can be disclosed to all parties;[Repealed, SOR/2011-116, s. 5]the name and contact information of the complainant’s authorized representative, if any;the number or identifier, if any, of the process to which the complaint relates;a copy of the notice of lay-off, revocation, appointment or proposed appointment to which the complaint relates;the name of the department or agency, branch or sector involved in the process to which the complaint relates;a reference to the provision of the Act under which the complaint is made;a full factual description of the events, circumstances or actions giving rise to the complaint, to the extent known by the complainant;the signature of the complainant or their authorized representative; andthe date of the complaint.SOR/2011-116, s. 5; SOR/2014-250, s. 7SOR/2022-243, s. 6
Procedure on receipt of complaintOn receiving a complaint, the Board must acknowledge its receipt and send a copy of it and all supporting documents to the respondent.SOR/2011-116, s. 6; SOR/2014-250, s. 7SOR/2022-243, s. 7
Names and addresses of partiesWithin 10 days after receiving a copy of the complaint and all supporting documents, the respondent must provide the Board with the names and business addresses of the other parties, including their electronic mail addresses, if any.SOR/2011-116, s. 6; SOR/2014-250, s. 7SOR/2022-243, s. 7
Copies to be providedOn receiving the names and addresses of the other parties, the Board must send a copy of the complaint and all supporting documents to each of the other parties.SOR/2011-116, s. 6; SOR/2014-250, s. 7
Alternate Dispute Resolution ProcessesMediation
Participation in mediationThe Board must schedule mediation for a complaint unlessthe complainant informs the Board, no later than 25 days after the date of the letter by which the Board acknowledges receipt of the complaint, that the complainant does not wish to participate in mediation; orthe respondent informs the Board, no later than 25 days after they receive a copy of the complaint, that they do not wish to participate in mediation.Request to mediateThe complainant or respondent may, before the date of the hearing and with the agreement of the other party, request the Board to refer the complaint to mediation.SOR/2011-116, s. 7; SOR/2014-250, ss. 4(E), 7SOR/2022-243, s. 8
Exchange of Information
Exchange of informationTo facilitate the resolution of the complaint, the complainant and respondent must, as soon as feasible after the complaint has been filed, exchange all relevant information regarding the complaint.Time for the exchangeThe exchange of information must be completed no later than 25 days after the date of the letter by which the Board acknowledges receipt of the complaint.Order to exchange informationIf the complainant or respondent does not complete the exchange of all relevant information as required by subsections (1) and (2), the Board may order the parties to complete the exchange within the time specified by the Board.SOR/2011-116, s. 8; SOR/2014-250, ss. 7, 8SOR/2022-243, s. 9
Order to Provide Information
Request for order to provide informationIf a party refuses to provide information, the complainant or respondent may, after the time provided for the exchange of information, request the Board to order that the information be provided.Form and content of requestThe request for an order to provide information must be in writing and must includethe name and contact information of the party making the request;the Board’s file number for the complaint to which the request relates;a list specifying the documents or information requested;a detailed explanation as to why each requested item is relevant to the complaint; andthe date of the request.Suspension of timeAny time that is specified in these Regulations in relation to a complaint, notice or document is suspended until the Board renders a decision respecting the request for an order to provide information.Order to provide informationThe Board must order that the complainant or respondent be provided with the information if the Board determines that the information may be relevant and that its provision will notthreaten national security;threaten any person’s safety; oraffect the validity or continued use of a standardized test, or any part of such a test, or distort the results of a standardized test by giving an unfair advantage to any individual.ConditionsThe Board may make the order to provide information subject to any conditions that it determines are necessary, including any conditions that are necessary to prevent any of the risks referred to in paragraphs (4)(a) to (c).Duration of conditionsThe conditions apply before and after the hearing or after any other resolution or disposition of the complaint.SOR/2011-116, s. 9; SOR/2014-250, s. 8SOR/2022-243, s. 10
Restriction on Use of Information
Use of information obtainedAny information obtained under sections 16 and 17 may be used only for purposes of the complaint.SOR/2011-116, s. 10(E)
Intervenors
Application to interveneAnyone with a substantial interest in a proceeding before the Board may apply to the Board for permission to intervene in the proceeding.Form and content of applicationThe application must be in writing and must includethe name and contact information that are to be used for sending documents to the applicant;[Repealed, SOR/2011-116, s. 11]the name and contact information of the applicant’s authorized representative, if any;the Board’s file number for the complaint that is the subject of the application;the grounds for intervention and the interest of the applicant in the matter;the contribution that the applicant expects to make if allowed to intervene;the signature of the applicant or their authorized representative; andthe date of the application.SubmissionsThe Board must give the parties and, if they are participants, the Canadian Human Rights Commission and the Accessibility Commissioner, the opportunity to make submissions in respect of the application.Allowing the applicationThe Board may allow the applicant to intervene after considering the following factors:whether the applicant is directly affected by the proceeding;whether the applicant’s position is already represented in the proceeding;whether the public interest or the interests of justice would be served by allowing the applicant to intervene; andwhether the input of the applicant would assist the Board in deciding the matter.Directions to intervenorIn allowing the application, the Board may issue directions regarding the role of the intervenor, including any matter relating to the procedure to be followed by the intervenor.SOR/2011-116, s. 11; SOR/2014-250, ss. 5(F), 8SOR/2022-243, s. 11
Notice to the Canadian Human Rights Commission
Notice of issueIf the complainant raises an issue involving the interpretation or application of the Canadian Human Rights Act in a complaint made under subsection 65(1) or 77(1) of the Act, the complainant must notify in writing the Canadian Human Rights Commission under subsection 65(5) or section 78 of the Act. The notice must includea copy of the complaint;the name and contact information of the complainant that can be disclosed to all parties;the name and contact information of the complainant’s authorized representative, if any;a description of the issue involving the interpretation or the application of the Canadian Human Rights Act and of the alleged discriminatory practice or policy;the prohibited ground of discrimination involved;the corrective action sought;the signature of the complainant or the complainant’s authorized representative; andthe date of the notice.Copies to be providedThe complainant must give a copy of the notice to each of the other parties, to the Board and to each of the intervenors, if any. Those copies do not need to include copies of the complaint.Notice of intention to make submissionsThe Canadian Human Rights Commission must, no later than 15 days after receiving the notice, notify the Board whether or not it intends to make submissions regarding the issue referred to in paragraph (1)(d).Board to provide copiesThe Board must give a copy of the notice from the Canadian Human Rights Commission to each of the parties and each of the intervenors, if any.SOR/2011-116, s. 12; SOR/2014-250, s. 7SOR/2022-243, s. 12
Notice to the Accessibility Commissioner
Notice of issueIf the complainant raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act in a complaint made under subsection 65(1) or 77(1) of the Act, the complainant must notify in writing the Accessibility Commissioner under subsection 65(9) or section 78.1 of the Act. The notice must includea copy of the complaint;the name and contact information of the complainant that can be disclosed to all parties;the name and contact information of the complainant’s authorized representative, if any;a description of the issue;the corrective action sought;the signature of the complainant or their authorized representative; andthe date of the notice.Copy of the notice — complainantThe complainant must give a copy of the notice to each of the other parties, to the Board and to each of the intervenors, if any. Those copies do not need to include copies of the complaint.Intention to make submissionsThe Accessibility Commissioner must, no later than 15 days after receiving the notice, notify the Board whether or not the Commissioner intends to make submissions regarding the issue referred to in paragraph (1)(d).Copy of the notice — BoardThe Board must give a copy of the Commissioner’s notice to each of the parties and each of the intervenors, if any.SOR/2022-243, s. 13
Time Period for Raising Timeliness Objection
Time periodIf any of the following persons wishes to object on the ground that the complaint was not made within the period required under section 10, they must do so before the end of the period for exchanging information:the respondent;the person appointed or proposed for appointment; orone of the employees referred to in subsection 65(3) of the Act, other than the complainant.Form and content of objectionThe objection must be in writing and must includethe name and contact information of the objecting party;the name and contact information of the objecting party’s authorized representative, if any;the Board’s file number for the complaint;the facts and any documents on which the objecting party relies in making the objection; andthe date of the objection.[Repealed, SOR/2011-116, s. 13]SOR/2011-116, s. 13; SOR/2014-250, s. 8SOR/2022-243, s. 14
Allegations
Time periodWithin 10 days after the end of the period for exchanging information, the complainant must provide their allegations tothe other parties;the Board;the intervenors, if any; andthe Canadian Human Rights Commission and the Accessibility Commissioner, if they are participants.Form and content of allegationsThe allegations must be in writing and must includethe name and contact information of the complainant that can be disclosed to all parties;the name and contact information of the complainant’s authorized representative, if any;the Board’s file number for the complaint;a detailed description of the allegations on which the complainant intends to rely and full particulars of the relevant facts; and[Repealed, SOR/2011-116, s. 14]the date of the document.Failure to provide allegationsIf the complainant fails to provide allegations, the Board may dismiss the complaint.SOR/2011-116, s. 14; SOR/2014-250, ss. 7, 8SOR/2022-243, s. 15
New or amended allegationThe Board must, on request, permit the complainant to amend an allegation or provide a new allegation ifthe amendment or new allegation results from information obtained that could not reasonably have been obtained before the complainant submitted their original allegations; orit is otherwise in the interest of fairness to do so.Form and content of requestThe request must be in writing and must includethe name and contact information of the complainant that can be disclosed to all parties;the name and contact information of the complainant’s authorized representative, if any;the Board’s file number for the complaint;a detailed explanation as to why the complainant did not include the allegation with their original allegations or as to why the complainant needs to amend their allegations, as the case may be;the new or amended allegation; and[Repealed, SOR/2011-116, s. 15]the date of the request.SOR/2011-116, s. 15; SOR/2014-250, ss. 6(F), 8SOR/2022-243, s. 16SOR/2022-243, s. 23(E)
Reply from the RespondentSOR/2022-243, s. 17
Deadline for replyWithin 15 days after receiving the complainant’s allegations or amended allegations, the respondent must provide their reply tothe other parties;the Board;the intervenors, if any; andthe Canadian Human Rights Commission and the Accessibility Commissioner, if they are participants.Form and content of replyThe reply must be in writing and must includethe name and contact information of the respondent;the name and contact information of the respondent’s authorized representative, if any;the Board’s file number for the complaint;a full response to any allegations or issues raised in the complaint and full particulars of any additional relevant facts on which the respondent intends to rely; and[Repealed, SOR/2011-116, s. 16]the date of the reply.Failure to replyIf the respondent does not file their reply within the time period specified in these Regulations, without any reasonable explanation, the Board may dispose of the matter without giving that party the notice referred to in section 28.SOR/2011-116, s. 16; SOR/2014-250, ss. 7, 8SOR/2022-243, s. 18
Other Parties’ Replies
Other parties may replyWithin 10 days after receiving the respondent’s reply, any other party who wishes to participate in the hearing must provide their reply tothe complainant;the respondent;the other parties;the Boardthe intervenors, if any; andthe Canadian Human Rights Commission and the Accessibility Commissioner, if they are participants.Form and content of replyThe reply must be in writing and must includethe name and contact information of the party;the name and contact information of the party’s authorized representative, if any;the Board’s file number for the complaint;a full response to any allegations or issues raised in the complaint and full particulars of any additional relevant facts on which the party intends to rely; and[Repealed, SOR/2011-116, s. 17]the date of the reply.SOR/2011-116, s. 17; SOR/2014-250, ss. 7, 8SOR/2022-243, s. 19
Withdrawal of Complaint
Notice of withdrawalIf a complainant wishes to withdraw their complaint, the complainant must file a written notice of the withdrawal with the Board.Content of noticeThe notice of withdrawal must includethe name and contact information of the complainant that can be disclosed to all parties;the name and contact information of the complainant’s authorized representative, if any;the Board’s file number for the complaint;a statement that the complainant wishes to withdraw the complaint;the signature of the complainant or the complainant’s authorized representative; andthe date of the withdrawal.Notice to other parties and intervenorsOn receiving the notice of withdrawal, the Board must give notice that the complaint has been withdrawn and the file closed tothe other parties;the intervenors, if any; andthe Canadian Human Rights Commission and the Accessibility Commissioner, if they are participants.SOR/2011-116, s. 18; SOR/2014-250, ss. 7, 8SOR/2022-243, s. 20SOR/2022-243, s. 23(E)
The Hearing
Master of proceedingsThe Board is master of the proceedings and may determine the manner and order of the presentation of evidence and arguments at the hearing.SOR/2014-250, s. 8
Notice of hearingThe Board must give notice of the date, time and place of the hearing tothe parties;the intervenors, if any; andthe Canadian Human Rights Commission and the Accessibility Commissioner, if they are participants.Notice periodUnless the matter is urgent, the notice must be given at least seven days before the date of the hearing.SOR/2014-250, s. 7SOR/2022-243, s. 21
Failure to appearIf a party, an intervenor or, if they are a participant, the Canadian Human Rights Commission or the Accessibility Commissioner does not appear at the hearing of a complaint or at any continuance of the hearing and the Board is satisfied that notice of the hearing was given to that party, intervenor or participant, the Board may proceed with the hearing and dispose of the complaint without further notice.SOR/2011-116, s. 19(F); SOR/2014-250, s. 8SOR/2022-243, s. 22
Adjournment of hearingThe Board may adjourn a hearing and must advise of the day, time, place and terms of its continuance.SOR/2014-250, s. 8
Coming into Force
Coming into forceThese Regulations come into force on the later of the day on which they are registered and December 31, 2005.
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