168 No person may act as a member of the public interest commission in respect of a matter referred to conciliation if the person has, at any time during the six months before their date of appointment, acted in respect of any matter concerning employer-employee relations as counsel or agent of the employer or of any employee organization that has an interest in the matter referred to conciliation.
Marginal note:Notification of establishment
Marginal note:Effect of notification
(2) The notification constitutes conclusive proof that the public interest commission has been established in accordance with this Part and, after it is given, no order may be made or process entered into, and no proceedings may be taken in any court, to question the establishment of the commission or to review, prohibit or restrain any of its proceedings.
Marginal note:Death, incapacity or resignation of single member
170 (1) In the event of the death, incapacity or resignation of the member of a public interest commission that consists of a single member before the commission makes a report to the Chairperson, the Chairperson must recommend to the Minister the appointment of another person under section 165 and the Minister must, without delay, appoint that person. That person must recommence the conciliation proceedings from the beginning.
Marginal note:Vacancy — commission with three members
(2) If a vacancy occurs in the membership of a public interest commission that consists of three members before the commission makes a report to the Chairperson, the vacancy must be filled by the Minister, on the recommendation of the Chairperson, by appointment in the manner provided for in section 167 for the selection of the person in respect of whom the vacancy arose.
- 2003, c. 22, s. 2 “170”;
- 2013, c. 40, s. 315.
Marginal note:Delivery of notice
171 After a public interest commission is established, the Chairperson must, without delay, deliver to it a copy of the notice given under subsection 161(1), if one was given.
Powers and Functions
Marginal note:Assistance to parties
172 As soon as possible after being established, the public interest commission must endeavour to assist the parties to the dispute in entering into or revising a collective agreement.
173 (1) Except as otherwise provided in this Part, the public interest commission may determine its own procedure, including the date, time and place of its proceedings, but both parties must be given a full opportunity to present evidence and make representations.
Marginal note:Quorum and absence of members
(2) The chairperson of the public interest commission and one other member constitute a quorum in the case of a commission consisting of three members but, in the absence of a member at any proceedings of the commission, the other members may not proceed unless the absent member has been given reasonable notice of the proceedings.
174 (1) The public interest commission has all the powers of the Board set out in paragraphs 16(c) and (d) of this Act and paragraphs 20(a) and (d) to (f) of the Public Service Labour Relations and Employment Board Act.
(2) The public interest commission may authorize any person to exercise any of its powers set out in paragraphs 16(c) and (d) of this Act and paragraphs 20(d) and (e) of the Public Service Labour Relations and Employment Board Act, and require that person to report to it on the exercise of those powers.
- 2003, c. 22, s. 2 "174";
- 2013, c. 40, s. 372.
Marginal note:Preponderant factors
175 (1) In determining whether compensation levels and other terms and conditions represent a prudent use of public funds and are sufficient to allow the employer to meet its operational needs, the public interest commission is to be guided by and to give preponderance to the following factors in the conduct of its proceedings and in making a report to the Chairperson:
Marginal note:Other factors
(2) If relevant to the making of a determination under subsection (1), the public interest commission may take any of the following factors into account:
(a) relationships with compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;
(b) the compensation and other terms and conditions of employment relative to employees in similar occupations in the private and public sectors, including any geographical, industrial or other variations that the public interest commission considers relevant;
(c) compensation and other terms and conditions of employment that are reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(d) the state of the Canadian economy.
- 2003, c. 22, s. 2 “175”;
- 2013, c. 40, s. 316.
Marginal note:Report to Chairperson
176 (1) The public interest commission must submit a report to the Chairperson as to its success or failure in assisting the parties to the dispute and as to its findings and recommendations within 30 days after it is established, or within any longer period that may be agreed on by the parties or determined by the Chairperson.
(1.1) The public interest commission must set out in the report the reasons for each of its recommendations.
Marginal note:Terms of employment to be considered
(1.2) The public interest commission must not submit its report without having taken into account all terms and conditions of employment of, and benefits provided to, the employees in the bargaining unit to which the report relates, including salaries, bonuses, allowances, vacation pay, employer contributions to pension funds or plans and all forms of health plans and dental insurance plans.
Marginal note:Report to be signed
(2) The report must be signed by the chairperson of the public interest commission, or by the single member, as the case may be.
- 2003, c. 22, s. 2 “176”;
- 2013, c. 40, s. 317.
Marginal note:Report not to require legislative implementation
177 (1) The report may not, directly or indirectly, recommend the alteration or elimination of any existing term or condition of employment, or the establishment of any new term or condition of employment, if
(a) the alteration, elimination or establishment would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for implementation;
(c) the term or condition relates to standards, procedures or processes governing the appointment, appraisal, promotion, deployment, rejection on probation or lay-off of employees; or
(d) in the case of a separate agency, the term or condition relates to termination of employment, other than termination of employment for a breach of discipline or misconduct.
Marginal note:Matters not negotiated
(2) The report of the public interest commission may not deal with a term or condition of employment that was not the subject of negotiation between the parties during the period before conciliation was requested.
Marginal note:Findings and recommendations of majority
178 (1) If the public interest commission consists of three members, the findings and recommendations of a majority of the members in respect of the matters in dispute are deemed to be those of the commission.
Marginal note:Findings and recommendations when majority cannot agree
(2) If a majority of members of the public interest commission cannot agree in respect of the commission’s findings and recommendations, the findings and recommendations of the chairperson of the commission in respect of the matters in dispute are deemed to be those of the commission.
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