Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )

Act current to 2017-11-06 and last amended on 2017-09-21. Previous Versions

 [Repealed, 2013, c. 40, s. 405]

 [Repealed, 2013, c. 40, s. 405]

 [Repealed, 2013, c. 40, s. 405]

 [Repealed, 2013, c. 40, s. 405]

 [Repealed, 2013, c. 40, s. 405]

Mediation Services

Marginal note:Mediation services
  •  (1) The Board may provide mediation services at any stage of a proceeding in order to resolve a complaint.

  • Marginal note:Member as mediator

    (2) The provision of mediation services by a member at any stage of hearing a complaint does not prevent that member from continuing to hear the complaint with respect to any issues that have not been resolved, unless the Commission or any person entitled to be heard objects to that member continuing.

  • 2003, c. 22, s. 12 "97";
  • 2013, c. 40, s. 414.

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

Complaint Procedure

Marginal note:Filing of order in Federal Court
  •  (1) The Board must, on the request in writing of the Commission or any person to whom an order of the Board applies, file a certified copy of the order in the Federal Court unless, in the Board’s opinion

    • (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 Federal Public Sector 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 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.

  • 2003, c. 22, s. 12 “103”;
  • 2013, c. 40, s. 407;
  • 2017, c. 9, s. 56.
Marginal note:Copy of decision provided

 The Board shall render a decision on a complaint made under subsection 65(1) or section 74, 77 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.

  • 2013, c. 40, s. 407.

General

Marginal note:Certain persons not compellable as witnesses

 Persons providing mediation services under this Part 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 Part.

  • 2003, c. 22, s. 12 "104";
  • 2013, c. 40, s. 407.
Marginal note:Notes and drafts not to be disclosed

 None of the following may be disclosed without the consent of the person who made them:

  • (a) [Repealed, 2013, c. 40, s. 408]

  • (b) notes of any person providing mediation services under this Part.

  • 2003, c. 22, s. 12 "105";
  • 2013, c. 40, s. 408.

 [Repealed, 2013, c. 40, s. 409]

 [Repealed, 2013, c. 40, s. 409]

 [Repealed, 2013, c. 40, s. 409]

Regulations

Marginal note:Regulations of Board

 The Board may make regulations respecting

  • (a) the manner in which and the time within which a complaint may be made under subsection 65(1) or section 74, 77 or 83;

  • (b) and (c) [Repealed, 2013, c. 40, s. 411]

  • (d) the manner of giving notice of an issue to the Canadian Human Rights Commission under subsection 65(5) or section 78; and

  • (e) the disclosure of information obtained in the course of an appointment process or a complaint proceeding under this Act.

  • 2003, c. 22, s. 12 "109";
  • 2013, c. 40, ss. 411, 414.

 [Repealed, 2013, c. 40, s. 412]

PART 7Political Activities

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    election

    élection

    election means a federal, provincial, territorial or municipal election. (élection)

    federal election

    élection fédérale

    federal election means an election to the House of Commons. (élection fédérale)

    municipal election

    élection municipale

    municipal election means an election as the mayor or a member of the council of a municipality. (élection municipale)

    municipality

    municipalité

    municipality means

    • (a) an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or other municipality, however designated; or

    • (b) any other local or regional authority that is determined by the Governor in Council to be a municipality for the purposes of this Part. (municipalité)

    political activity

    activité politique

    political activity means

    • (a) carrying on any activity in support of, within or in opposition to a political party;

    • (b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or

    • (c) seeking nomination as or being a candidate in an election before or during the election period. (activité politique)

    provincial election

    élection provinciale

    provincial election means an election to the legislature of a province. (élection provinciale)

    territorial election

    élection territoriale

    territorial election means an election to the Legislative Assembly of Yukon, the Northwest Territories or Nunavut. (élection territoriale)

  • Meaning of deputy head

    (2) For the purposes of this Part, deputy head includes a Commissioner appointed under subsection 4(5).

  • 2003, c. 22, ss. 12 “111”, 272;
  • 2013, c. 40, s. 413;
  • 2014, c. 2, s. 55, c. 20, s. 474.
 
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