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

Act current to 2014-12-08 and last amended on 2014-11-01. Previous Versions

Marginal note:Constitution
  •  (1) The public interest commission consists of either a single member appointed in accordance with section 165 or, subject to subsection (2), three members, appointed in accordance with section 167.

  • Marginal note:Request for commission of three members

    (2) The public interest commission is to consist of three members only if one of the parties requests it.

  • 2003, c. 22, s. 2 “164”;
  • 2013, c. 40, s. 312.
Marginal note:Commission with single member
  •  (1) If the public interest commission is to consist of a single member, the Chairperson must submit to the Minister the name of a person jointly recommended by the bargaining agent and the employer. If no person is so recommended, the Chairperson may, at his or her discretion, recommend the appointment of a particular person.

  • Marginal note:Appointment

    (2) After receiving the recommendation, the Minister must, without delay, appoint the person recommended.

  • 2003, c. 22, s. 2 “165”;
  • 2013, c. 40, s. 313.

 [Repealed, 2013, c. 40, s. 313]

Marginal note:Commission with three members
  •  (1) If either party requests that the public interest commission consist of three members, the Chairperson must, by notice, require each of the parties, within seven days of its receipt, to nominate a person to be a member of the commission, and on receipt of the nominations, the Chairperson must recommend to the Minister the appointment of the nominated persons as members of the commission. The Minister must appoint those persons without delay.

  • Marginal note:Failure to nominate

    (2) If a party fails to nominate a person within the time provided for in subsection (1) or nominates a person who is not eligible for appointment, the Chairperson must recommend to the Minister the appointment as a member of the public interest commission of a person whom he or she considers suitable. The Minister must appoint the person without delay and that person is deemed to have been appointed on the nomination of that party.

  • Marginal note:Appointment of chairperson nominated by parties

    (3) Within five days after the day on which the second member is appointed, the two members must nominate a person to be the chairperson and third member of the public interest commission, and the Chairperson must recommend to the Minister the appointment of that person. The Minister must appoint the person, without delay, as chairperson and third member of the commission.

  • Marginal note:Failure to nominate

    (4) If the two members fail to make a nomination under subsection (3), the Chairperson must, without delay, recommend to the Minister the appointment of a particular person as the chairperson and third member of the public interest commission.

  • Marginal note:Appointment

    (5) After receiving the recommendation, the Minister must, without delay, appoint the person recommended as the chairperson and third member of the public interest commission.

  • 2003, c. 22, s. 2 “167”;
  • 2013, c. 40, s. 314.