Marginal note:Consent to prosecution
205 A prosecution for an offence under this Division may be instituted only with the consent of the Board.
employee has the meaning that would be assigned by the definition employee
in subsection 2(1) if that definition were read without reference to paragraphs (e), (h) and (i) and without reference to the words “except in Part 2”. (fonctionnaire)
group grievance means a grievance presented in accordance with section 215. (grief collectif)
individual grievance means a grievance presented in accordance with section 208. (grief individuel)
grief de principe
policy grievance means a grievance presented in accordance with section 220. (grief de principe)
Marginal note:Former employees
(2) Every reference in this Part to an employee includes a former employee for the purposes of any provisions of this Part respecting grievances with respect to
(b) in the case of a separate agency, any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(2)(c) or (d) of the Financial Administration Act or under any provision of any Act of Parliament, or any regulation, order or other instrument made under the authority of an Act of Parliament, respecting the powers or functions of the separate agency.
- 2003, c. 22, s. 2 "206";
- 2014, c. 20, s. 481.
Marginal note:Informal conflict management system
207 Subject to any policies established by the employer or any directives issued by it, every deputy head in the core public administration must, in consultation with bargaining agents representing employees in the portion of the core public administration for which he or she is deputy head, establish an informal conflict management system and inform the employees in that portion of its availability.
Marginal note:Right of employee
(a) by the interpretation or application, in respect of the employee, of
(b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.
(3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value.
(4) An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.
(5) An employee who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Act.
(6) An employee may not present an individual grievance relating to any action taken under 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 any state allied or associated with Canada.
Marginal note:Order to be conclusive proof
(7) For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a 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.
Reference to Adjudication
Marginal note:Reference to adjudication
209 (1) An employee may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to
(a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award;
(b) a disciplinary action resulting in termination, demotion, suspension or financial penalty;
(c) in the case of an employee in the core public administration,
(i) demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct, or
(d) in the case of an employee of a separate agency designated under subsection (3), demotion or termination for any reason that does not relate to a breach of discipline or misconduct.
Marginal note:Application of paragraph (1)(a)
(2) Before referring an individual grievance related to matters referred to in paragraph (1)(a), the employee must obtain the approval of his or her bargaining agent to represent him or her in the adjudication proceedings.
(3) The Governor in Council may, by order, designate any separate agency for the purposes of paragraph (1)(d).
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