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

Act current to 2012-05-14 and last amended on 2005-12-31. Previous Versions

Marginal note:Descriptive cross- references

3. If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject-matter of that other provision, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only.

PART 1

LABOUR RELATIONS

Interpretation

Marginal note:Definitions

  • 4. (1) The following definitions apply in this Part.

    “essential service”

    « services essentiels »

    “essential service” means a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public.

    “essential services agreement”

    « entente sur les services essentiels »

    “essential services agreement” means an agreement between the employer and the bargaining agent for a bargaining unit that identifies

    • (a) the types of positions in the bargaining unit that are necessary for the employer to provide essential services;

    • (b) the number of those positions that are necessary for that purpose; and

    • (c) the specific positions that are necessary for that purpose.

    “mediator”

    « médiateur »

    “mediator” means a person appointed as a mediator under subsection 108(1).

    “National Joint Council”

    « Conseil national mixte »

    “National Joint Council” means the National Joint Council whose establishment was authorized by Order in Council P.C. 3676, dated May 16, 1944.

    “parties”

    « parties »

    “parties”, in relation to collective bargaining, arbitration, conciliation or a dispute, means the employer and the bargaining agent.

    “public interest commission”

    « commission de l’intérêt public »

    “public interest commission” means a commission established under Division 10.

  • Marginal note:When position is necessary

    (2) A position that is necessary for the employer to provide essential services for the purposes of paragraph (a) of the definition “essential services agreement” in subsection (1) includes a position the occupant of which is required, at any time,

    • (a) to perform the duties of the position that relate to the provision of essential services; or

    • (b) to be available during his or her off-duty hours to report to work without delay to perform those duties if required to do so by the employer.