Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2)

Marginal note:Disclosure of information — other legal proceedings

• 238.32 (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.27(1) to an adjudicator or the Board, as the case may be, or to a party in connection with the matter or proceeding that gave rise to the objection, the adjudicator, the Board or that party is not to be required, in connection with any other criminal, civil or administrative action or proceeding, to give or produce evidence relating to that information.

• Marginal note:Application

  (2) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament, other than the Access to Information Act and the Privacy Act.

• Marginal note:Section prevails

  (3) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.3(1) of the Parliament of Canada Act.

Unique Role as Police Organization

Marginal note:Consideration

238.33 In considering a grievance that concerns an employee who is an RCMP member or a reservist, the adjudicator or the Board, as the case may be, must take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members and reservists as it sees fit.

Regulations

Marginal note:Regulations

238.34 The Governor in Council may make regulations

• (a) prescribing the oath of secrecy referred to in subsection 238.27(5); and

• (b) respecting the measures that are to be taken by an adjudicator or the Board, as the case may be, or a party to protect the information referred to in subsection 238.27(1) that the adjudicator, the Board or the party has received from the RCMP Commissioner in connection with any matter or proceeding before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, and respecting the disclosure of that information by the adjudicator, the Board or the party to other persons or entities.

PART 3Occupational Health and Safety

Interpretation

Marginal note:Meaning of public service

239 In this Part, public service has the same meaning as in subsection 11(1) of the Financial Administration Act.

Part II of Canada Labour Code

Marginal note:Application to public service

240 Part II of the Canada Labour Code applies to and in respect of the public service and persons employed in it as if the public service were a federal work, undertaking or business referred to in that Part except that, for the purpose of that application,

• (a) any reference in that Part to

  • (i) “arbitration” is to be read as a reference to adjudication under Part 2 or Division 2 of Part 2.1,

  • (ii) for the purposes of sections 133 and 134 of the Canada Labour Code, Board is to be read as a reference to the Public Service Labour Relations and Employment Board,

  • (iii) a “collective agreement” is to be read as a reference to a collective agreement within the meaning of subsection 2(1),

  • (iv) “employee” is to be read as a reference to a person employed in the public service, and

  • (v) a “trade union” is to be read as a reference to an employee organization within the meaning of subsection 2(1) and includes, unless the context otherwise requires, a council of employee organizations within the meaning of that subsection;

• (b) [Repealed, 2017, c. 20, s. 396]

• (c) the provisions of this Act apply, with any necessary modifications, in respect of matters brought before the Federal Public Sector Labour Relations and Employment Board.

PART 4General

Defects in Proceedings

Marginal note:Defect in form or irregularity

• 241 (1) No proceeding under this Act is invalid by reason only of a defect in form or a technical irregularity.

• Marginal note:Grievance process

  (2) The failure to present a grievance at all required levels in accordance with the applicable grievance process is not a defect in form or a technical irregularity for the purposes of subsection (1).

Restriction on Admissibility of Evidence

Marginal note:Admissibility

242 Except in the case of a prosecution for perjury,

• (a) testimony or proceedings before an arbitration board are not admissible in evidence in any court in Canada; and

• (b) reports of a public interest commission, and testimony or proceedings before a public interest commission, are not admissible in evidence in any court in Canada.

Protection

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.

Marginal note:No disclosure of notes and drafts

244 The following may not be disclosed without the consent of the person who made them:

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

• (b) notes or draft reports of a mediator, a public interest commission or a person authorized or designated by the Board to assist in resolving a complaint or issue in dispute before the Board; and

• (c) notes or a draft arbitral award of an arbitration board.

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.

Oaths and Solemn Affirmations

Marginal note:Oath or solemn affirmation

246 Before commencing his or her functions, a person appointed under this Act must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:

I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of .....................

Remuneration and Expenses

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.

• Marginal note:Remuneration and expenses

  (2) Members of public interest commissions are entitled to be paid the remuneration and expenses that may be fixed by the Minister.

• Marginal note:Party to pay

  (3) If a public interest commission consists of three members, the remuneration and expenses to be paid to the member of the commission nominated, or deemed to be nominated, by a party is to be paid by that party.

Witness Fees

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.

Provision of Facilities and Human Resources

Marginal note:Facilities and human resources

249 The Chief Administrator of the Administrative Tribunals Support Service of Canada must provide members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) with the facilities and human resources necessary to enable them to carry out their functions under this Act.

Application of Safety or Security Provisions

Marginal note:Application of safety or security provisions

• 250 (1) Nothing in this Act or any other Act is to be construed as requiring the employer to do or refrain from doing anything that is contrary to any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or of any state allied or associated with Canada.

• Marginal note:Order is conclusive proof

  (2) For the purposes of subsection (1), an order made by the Governor in Council is conclusive proof of the matters stated in it in relation to the giving or making of any instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

251 [Repealed, 2013, c. 40, s. 390]

Five-year Review

Marginal note:Review

252 Five years after the day on which this section comes into force, the minister designated by the Governor in Council for the purposes of this section must cause a review of this Act and its administration and operation to be conducted, and cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.