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

Act current to 2017-11-06 and last amended on 2017-06-22. Previous Versions

No Right of Action

Marginal note:Disputes relating to employment
  •  (1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute.

  • Marginal note:Application

    (2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication.

  • Marginal note:Exception

    (3) Subsection (1) does not apply in respect of an employee of a separate agency that has not been designated under subsection 209(3) if the dispute relates to his or her termination of employment for any reason that does not relate to a breach of discipline or misconduct.

Regulations

Marginal note:Regulations
  •  (1) The Board may make regulations respecting the processes for dealing with grievances, including regulations concerning

    • (a) the manner and form of presenting a grievance and, in the case of group grievances, the form of the consent of the employees concerned;

    • (b) the maximum number of levels in each grievance process;

    • (c) the manner in which employees are to be advised of the names of the persons whose decision on a grievance constitutes a level in the grievance process, including the final level;

    • (d) the time within which a grievance may be presented at any level in a grievance process;

    • (e) the circumstances in which any level below the final level in a grievance process may be eliminated;

    • (f) the manner in which and the time within which a grievance may be referred to adjudication after it has been presented up to and including the final level in the grievance process;

    • (g) the establishment of rules of procedure for the hearing of a grievance;

    • (h) the specification of the time within which and the persons to whom notices and other documents must be sent or given under this Part or Division 2 of Part 2.1, and when the notices are deemed to have been sent, given or received; and

    • (i) the manner of giving notice of an issue to the Canadian Human Rights Commission under this Part.

  • Marginal note:Application of regulations

    (2) Regulations made under subsection (1) respecting individual, group or policy grievances do not apply in respect of employees included in a bargaining unit for which a bargaining agent has been certified by the Board to the extent that the regulations are inconsistent with any provisions contained in a collective agreement entered into by the bargaining agent and the employer applicable to those employees.

  • 2003, c. 22, s. 2 “237”;
  • 2017, c. 9, s. 32.
Marginal note:Regulations

 The Board may make regulations respecting

  • (a) the manner of giving notice under subsection 223(1) and the time for making objections under paragraph 223(2)(c); and

  • (b) the manner in which and the time within which boards of adjudication are to be established.

PART 2.1Provisions Unique to the Royal Canadian Mounted Police

Interpretation

Marginal note:Definition of RCMP Commissioner
  •  (1) In this Part, RCMP Commissioner means the Commissioner of the Royal Canadian Mounted Police.

  • Marginal note:Definition of RCMP member

    (2) In Division 2 of this Part, RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act.

  • 2017, c. 9, s. 33.
Marginal note:Inconsistency with Part 1 or 2
  •  (1) In the event of an inconsistency between a provision of this Part and a provision of Part 1 or 2, the provision of this Part prevails to the extent of the inconsistency.

  • Marginal note:Inconsistency — clarification

    (2) Without limiting the generality of subsection (1), section 58 and subsections 208(1) and 209(1) and (2) are inconsistent with this Part.

  • Marginal note:Clarification

    (3) For greater certainty,

    • (a) the provisions of Part 1, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary; and

    • (b) the provisions of Part 2, in so far as they are applicable, apply to employees who are RCMP members, as defined in subsection 238.01(2), or reservists unless there is an indication to the contrary.

  • 2017, c. 9, s. 33.
Marginal note:Employer’s right preserved

 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board to determine categories of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act.

  • 2017, c. 9, s. 33.
Marginal note:Duties preserved

 Nothing in this Act is to be construed as affecting any duties of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who are peace officers, or any duties of reservists who are peace officers, including duties imposed under that Act.

  • 2017, c. 9, s. 33.

Unique Role as Police Organization

Marginal note:Board’s additional duty

 In administering this Act and in exercising the powers and performing the duties and functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, with regulations made under it or with decisions made in respect of a matter coming before the Board, the Board must, in matters concerning RCMP members and reservists, 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.

  • 2017, c. 9, s. 33.

DIVISION 1Labour Relations

Adjournment of Proceedings

Marginal note:Prejudice to ongoing investigations or proceedings
  •  (1) The Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist if the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding.

  • Marginal note:Maximum period of adjournment

    (2) No adjournment may be for a period of more than 90 days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter.

  • 2017, c. 9, s. 33.

Law Enforcement, Public Safety and National Security

Marginal note:Non-disclosure
  •  (1) The RCMP Commissioner may, in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the Board or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security.

  • Marginal note:Notice of objection

    (2) If the RCMP Commissioner objects to the disclosure of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the Board and to the parties.

  • Marginal note:Other provisions do not apply

    (3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the Board to require that the information be disclosed.

  • Marginal note:Former judge

    (4) If the RCMP Commissioner objects to the disclosure of information under subsection (1), the Minister must, at the written request of the Board or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.08.

  • Marginal note:Oath of secrecy

    (5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation.

  • Marginal note:Notice of appointment

    (6) The Minister must provide notice to the Board, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The Board, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit.

  • Marginal note:Former judge to have access

    (7) The former judge is to have access to the information about which an objection is made under subsection (1) for the purposes of the review.

  • 2017, c. 9, s. 33.
 
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