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

Act current to 2014-10-27 and last amended on 2014-04-01. Previous Versions

RELATED PROVISIONS

  • — 2003, c. 22, s. 36

    • Definitions
      • 36. (1) The following definitions apply in this Division.

        “Chairperson”

        « président »

        “Chairperson” means the Chairperson of the new Board.

        “former Act”

        « ancienne loi »

        “former Act” means the Public Service Staff Relations Act, being chapter P-35 of the Revised Statutes of Canada, 1985.

        “former Board”

        « ancienne Commission »

        “former Board” means the Public Service Staff Relations Board established by section 11 of the former Act.

        “new Act”

        « nouvelle loi »

        “new Act” means the Public Service Labour Relations Act, enacted by section 2 of this Act.

        “new Board”

        « nouvelle Commission »

        “new Board” means the Public Service Labour Relations Board established by section 12 of the new Act.

      • Meaning of other words

        (2) Words and expressions used in this Division have the same meaning as in the former Act or the new Act, as the context requires.

  • — 2003, c. 22, s. 37

    • Certain members continue

      37. Each member of the former Board, other than the Deputy Chairpersons, holding office immediately before the day on which section 12 of the new Act comes into force continues to hold office and is deemed to have been appointed under that section to hold office for the remainder of the term for which he or she had been appointed before the coming into force of that section.

  • — 2003, c. 22, s. 38

    • Deputy Chairpersons

      38. The Deputy Chairpersons of the former Board cease to hold office on the day on which section 12 of the new Act comes into force.

  • — 2003, c. 22, s. 39

    • Transfer of proceedings
      • 39. (1) Subject to this Division, any proceeding that the former Board was seized of immediately before the day on which section 12 of the new Act comes into force is transferred to the new Board to be disposed of in accordance with the new Act.

      • Continuing jurisdiction of Deputy Chairperson

        (2) A Deputy Chairperson of the former Board may, at the request of the Chairperson, continue to hear, consider or decide any matter that was before the Deputy Chairperson before the day on which section 12 of the new Act comes into force and in respect of which there was any proceeding in which he or she participated.

      • Powers

        (3) For the purposes of subsection (2), a Deputy Chairperson may exercise any of the powers of a panel of the new Board.

      • Refusal to complete duties

        (4) If a Deputy Chairperson who was a member of a panel refuses to continue to hear, consider or decide any matter referred to in subsection (2), the chairperson of the panel may continue to hear, consider or decide the matter or the Chairperson may remove that matter from the panel and hear, consider or decide that matter or assign a Vice-Chairperson or a panel of the new Board to do so on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.

      • Supervision by Chairperson

        (5) The Chairperson has supervision over and direction of the work of any Deputy Chairperson who continues to hear, consider or decide a matter under subsection (2).

  • — 2003, c. 22, s. 40

    • Fees and expenses

      40. A Deputy Chairperson of the former Board who continues to hear, consider or decide a matter under subsection 39(2)

      • (a) is to be paid the fees for his or her services that may be fixed by the Governor in Council; and

      • (b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from his or her ordinary place of residence.

  • — 2003, c. 22, s. 41

    • Limitation period

      41. The Chairperson may withdraw from a Deputy Chairperson of the former Board any matter referred to in subsection 39(2) that is not disposed of within one year after the day on which section 12 of the new Act comes into force and determine the matter or assign it to a panel of the new Board on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.

  • — 2003, c. 22, s. 42

    • Secretary of former Board
      • 42. (1) The person who, immediately before the day on which section 48 of the new Act comes into force, held the office of secretary of the former Board is deemed to have been appointed to the office of Executive Director of the new Board, without prejudice to any salary and benefits he or she may receive by virtue of having held that office before that day.

      • Officers and employees

        (2) Nothing in the new Act affects the status of any person who was an officer or employee of the former Board immediately before the day on which section 49 of the new Act comes into force, except that, as of that day, the person is an officer or employee, as the case may be, of the new Board.

  • — 2003, c. 22, s. 43

    • Rights and obligations transferred

      43. All rights and property held by or in the name of or in trust for the former Board and all obligations and liabilities of the former Board are deemed to be rights, property, obligations and liabilities of the new Board.

  • — 2003, c. 22, s. 44

    • References

      44. Every reference to the former Board in a deed, contract or other document executed by the former Board in its own name is to be read as a reference to the new Board, unless the context otherwise requires.

  • — 2003, c. 22, s. 45

    • Transfer of appropriations

      45. Any amount appropriated, for the fiscal year that includes the day on which section 12 of the new Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Board and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Board.

  • — 2003, c. 22, s. 46

    • Continuation of legal proceedings

      46. Any action, suit or other proceeding, to which the former Board is a party, that is pending in any court on the day on which section 12 of the new Act comes into force may be continued by or against the new Board in the like manner and to the same extent as it could have been continued by or against the former Board.

  • — 2003, c. 22, s. 47

    • Decisions, etc., continued

      47. Every decision, order, determination and declaration made by the former Board is deemed to have been made by the new Board and may be enforced as such.

  • — 2003, c. 22, s. 48

    • Certification continued
      • 48. (1) Each employee organization that, immediately before the day on which section 64 of the new Act comes into force, was certified as the bargaining agent for a bargaining unit continues to be certified as the bargaining agent for the bargaining unit.

      • Effects of certification

        (2) Section 67 of the new Act applies as though the employee organization had been certified under the new Act.

  • — 2003, c. 22, s. 49

    • Legal officers
      • 49. (1) For the purposes of the new Act, including any application under section 58 of the new Act, an employee who, on or after the day on which the definition “managerial or confidential position” in subsection 2(1) of that Act comes into force, is employed as a legal officer in the Department of Justice or the Canada Customs and Revenue Agency is deemed not to be included in any unit determined, in accordance with the former Act, to constitute a unit of employees appropriate for collective bargaining.

      • New application required

        (2) For greater certainty, any employee organization that wishes to represent employees in a bargaining unit that includes one or more employees referred to in subsection (1) must proceed by way of an application under section 54 of the new Act.

  • — 2003, c. 22, s. 50

    • Certain positions continued

      50. Every position that was a position referred to in any of paragraphs (a), (b), (e), (f) and (g) of the definition “managerial or confidential position” in subsection 2(1) of the former Act immediately before the day on which the definition “managerial or confidential position” in subsection 2(1) of the new Act comes into force is deemed, as of that day, to be a managerial or confidential position within the meaning of subsection 2(1) of the new Act.

  • — 2003, c. 22, s. 51

    • Process for resolution of disputes

      51. The process for resolution of a dispute specified by a bargaining agent for a bargaining unit and recorded by the former Board continues to be the process applicable to that bargaining unit until it is changed in accordance with the new Act.

  • — 2003, c. 22, s. 52

    • Collective agreements

      52. Every collective agreement entered into under the former Act that is in force immediately before the day on which the definition “collective agreement” in subsection 2(1) of the new Act comes into force is deemed to be a collective agreement entered into under the new Act and continues in force until its term expires.

  • — 2003, c. 22, s. 53

    • Arbitral awards

      53. Every arbitral award made under the former Act that is in force immediately before the day on which the definition “arbitral award” in subsection 2(1) of the new Act comes into force is deemed to be an arbitral award made under the new Act and continues in force until its term expires.

  • — 2003, c. 22, s. 54

    • Conciliators

      54. Every person appointed as a conciliator under section 53 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with that section and section 54 of the former Act, as those sections read immediately before that day, except that the references to “Chairperson” in section 54 of the former Act are to be read as references to the Chairperson of the new Board.

  • — 2003, c. 22, s. 55

    • Fact finders

      55. Every person appointed as a fact finder under section 54.1 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with section 54.4 of the former Act, as that section read immediately before that day and sections 54.1 to 54.6 of the former Act, as those sections read immediately before that day, apply after that day to the parties being assisted by the fact finder, except that the references in those sections to

      • (a) “Board” are to be read as references to the new Board; and

      • (b) “Chairperson” are to be read as references to the Chairperson of the new Board.

  • — 2003, c. 22, s. 56

    • Section 61 of the former Act

      56. Every person to whom terms and conditions were referred under section 61 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with the provisions of the former Act as they read immediately before that day.

  • — 2003, c. 22, s. 57

    • Arbitration
      • 57. (1) The following rules apply to requests for arbitration made before the day on which section 136 of the new Act comes into force and for which no arbitral award had been made before that day:

        • (a) if no arbitration board had been established or arbitrator appointed before that day, the request is to be dealt with as though it had been made under section 136 of the new Act;

        • (b) if an arbitrator had been appointed before that day, the arbitrator is deemed to be an arbitration board consisting of a single member established under section 139 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act; and

        • (c) if an arbitration board had been established before that day, the arbitration board is deemed to be an arbitration board consisting of three members established under section 140 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act.

      • Restriction

        (2) For greater certainty, an arbitral award may be made under subsection (1) only in respect of a term or condition of employment that could have been embodied in an arbitral award made under the former Act as it read immediately before the day on which section 140 of the new Act comes into force.

  • — 2003, c. 22, s. 58

    • Provisions of former Act apply
      • 58. (1) If, before the day on which section 105 of the new Act comes into force, a notice to bargain collectively was given under the former Act in respect of a bargaining unit for which the process for resolution of a dispute is conciliation and no collective agreement was entered into before that day as a result of the notice, paragraphs (a) to (c) apply to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit until a collective agreement is entered into:

        • (a) sections 76 to 90.1 and sections 102 to 107 of the former Act, as those sections read immediately before that day, apply on and after that day, except that references in those sections to

          • (i) “Board” are to be read as references to the new Board,

          • (ii) “Chairperson” are to be read as references to the Chairperson of the new Board, and

          • (iii) “Minister” are to be read as references to the Minister within the meaning of subsection 2(1) of the new Act;

        • (b) a designation review panel established before that day may continue to act on and after that day; and

        • (c) a conciliation commissioner appointed or a conciliation board established before that day may continue to act on and after that day.

      • Non-application

        (2) For greater certainty, if subsection (1) applies to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit, Divisions 8, 10, 11 and 14 of Part 1 of the new Act do not apply to them until a collective agreement is entered into.

  • — 2003, c. 22, s. 59

    • Complaints referred to in par. 23(1)(b) of former Act

      59. Every complaint referred to in paragraph 23(1)(b) of the former Act that was not finally disposed of by the former Board before the day on which section 221 of the new Act comes into force is deemed, for the purpose of the new Act, to be a policy grievance that has been referred to adjudication and, if a panel of the former Board had commenced to hear the complaint, that panel is, subject to section 39, deemed to be an adjudicator or a board of adjudication, as the case may be.

  • — 2003, c. 22, s. 60

    • Complaints referred to in par. 23(1)(c) of former Act

      60. Complaints referred to in paragraph 23(1)(c) of the former Act that were not finally disposed of by the former Board before the day on which section 234 of the new Act comes into force are deemed to have been withdrawn immediately before that day.

  • — 2003, c. 22, s. 61

    • Former Act applies
      • 61. (1) Subject to subsection (5), every grievance presented in accordance with the former Act that was not finally dealt with before the day on which section 208 of the new Act comes into force is to be dealt with on and after that day in accordance with the provisions of the former Act, as they read immediately before that day.

      • Adjudicators

        (2) For the purposes of subsection (1), an adjudicator under the former Act may continue to hear, consider or decide any grievance referred to him or her before the day on which section 209 of the new Act comes into force, except that if the adjudicator was a member of the former Board, he or she may do so only if requested to do so by the Chairperson.

      • Supervision by Chairperson

        (3) The Chairperson has supervision over and direction of the work of any member of the former Board who continues to hear, consider or decide a grievance under subsection (2).

      • Refusal to complete duties

        (4) If an adjudicator under the former Act refuses to continue to hear, consider or decide a grievance referred to in subsection (2), the Chairperson may, on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties, refer the grievance to a member of the new Board.

      • Appointment after commencement day

        (5) If a grievance referred to in subsection (1) is referred to adjudication after the day on which section 209 of the new Act comes into force, the provisions of the new Act apply with respect to the appointment of the adjudicator.

      • Powers

        (6) For the purposes of subsections (2) and (5), the adjudicator may exercise any of the powers an adjudicator under the former Act could have exercised under that Act.

  • — 2003, c. 22, s. 62

    • Fees and expenses

      62. Each adjudicator under the former Act who continues to hear, consider or decide a grievance under subsection 61(2) who, at the time of his or her appointment, was a member of the former Board or an adjudicator referred to in paragraph 95(2)(a.1) of the former Act

      • (a) is to be paid the fees that may be fixed by the Governor in Council; and

      • (b) is entitled to be paid reasonable travel and living expenses incurred while doing so during any period of absence from his or her ordinary place of residence.

  • — 2003, c. 22, s. 63

    • Limitation period

      63. The Chairperson may withdraw from any member of the former Board any grievance referred to in subsection 61(2) that is not disposed of within one year after the day on which section 209 of the new Act comes into force and the Chairperson may, on any terms and conditions that he or she may specify for the protection and preservation of the rights and interests of the parties, refer the matter to a member of the new Board.

  • — 2003, c. 22, s. 64

    • Events giving rise to individual grievances

      64. Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral award, an individual grievance may be presented on or after the day on which section 208 of the new Act comes into force in respect of any event that occurred before that day and that would have given rise to a right to grieve under section 91 of the former Act, as that section read immediately before that day.

  • — 2003, c. 22, s. 65

    • Events giving rise to policy grievances

      65. Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral award, a policy grievance may be presented on or after the day on which section 220 of the new Act comes into force in respect of any event that occurred before that day if the matter could have been referred to the former Board under section 99 of the former Act, as that section read immediately before that day.

  • — 2003, c. 22, s. 66

    • Former adjudication orders

      66. Every order made by an adjudicator under the former Act is deemed to be an order made by an adjudicator under the new Act and may be enforced as such.

  • — 2009, c. 2, s. 396(3)

    • Powers of Board
      • 396. (3) The Board has, in relation to a complaint referred to it, in addition to the powers conferred on it under the Public Service Labour Relations Act, the power to interpret and apply sections 7, 10 and 11 of the Canadian Human Rights Act, and the Equal Wages Guidelines, 1986, in respect of employees, even after the coming into force of section 399.

  • — 2013, c. 40, s. 338, as amended by 2014, c. 20, s. 309

    • Definitions
      • 338. (1) The following definitions apply in this section.

        “commencement day”

        « date de référence »

        “commencement day” means the day on which this Act receives royal assent.

        “the Act”

        « Loi »

        “the Act” means the Public Service Labour Relations Act.

      • Words and expressions

        (2) Unless the context otherwise requires, words and expressions used in this section have the same meaning as in the Act.

      • Application of provisions enacted by this Act

        (3) Subject to subsections (4) to (7), the provisions of the Act, as enacted by sections 294 to 306, subsection 307(1), sections 308 to 314, subsection 316(1) and sections 317 to 324 also apply in respect of the following bargaining units:

        • (a) a bargaining unit in respect of which a notice to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement has been given before the commencement day;

        • (b) a bargaining unit that is bound by a collective agreement or arbitral award that is in force on the commencement day and that expires on that day or at any time after that day, and in respect of which no notice to bargain collectively has been given before the commencement day; and

        • (c) a bargaining unit in respect of which no notice to bargain collectively for the purpose of entering into a first collective agreement has been given before the commencement day.

      • Arbitration board established

        (4) Subject to subsections (6) and (7), the provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until an arbitral award is made in respect of the bargaining unit if, before the commencement day,

        • (a) a request for arbitration was made by the employer or the bargaining agent for the bargaining unit; and

        • (b) the Chairperson had notified the parties of the establishment of an arbitration board.

      • Public interest commission established

        (5) Subject to subsections (6) and (7), the provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until a collective agreement is entered into by parties if, before the commencement day,

        • (a) a request for conciliation was made by the employer or the bargaining agent for the bargaining unit; and

        • (b) the Chairperson had notified the parties of the establishment of a public interest commission.

      • No essential services agreement

        (6) Despite subsections (4) and (5), if, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, no essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then,

        • (a) if no notification referred to in paragraph (4)(b) or (5)(b) had been given before December 12, 2013, the process for the resolution of disputes is conciliation; and

        • (b) sections 120 and 121 of the Act, as enacted by section 305, apply except that, despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day.

      • Essential services agreement entered into

        (7) Despite subsections (4) and (5), if, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, an essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then, the process for the resolution of disputes is

        • (a) arbitration, if 80% or more of the positions in the bargaining unit were, immediately before the commencement day, necessary for the employer to provide an essential service; and

        • (b) conciliation, if less than 80% of the positions in the bargaining unit were, immediately before the commencement day, necessary for the employer to provide an essential service.

      • Non-application

        (7.1) Subsection (7) does not apply if the notification referred to in paragraph (4)(b) or (5)(b) had been given before December 12, 2013.

      • Application of subsection 105(2)

        (8) Subsection 105(2) of the Act, as that subsection read immediately before the commencement day, continues to apply in respect of a bargaining unit referred to in paragraph (3)(b) until an arbitral award is made or a collective agreement is entered into in respect of a bargaining unit.

      • Positions  — essential services agreement

        (9) Despite subsections (4) and (5), if a bargaining unit is bound by an essential services agreement immediately before the commencement day,

        • (a) sections 120 and 121 of the Act, as enacted by section 305, apply except that, despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day; and

        • (b) every position that is identified in the agreement as being necessary for the employer to provide essential services is deemed to be a position designated by the employer under section 120 of the Act, as enacted by section 305.

        For greater certainty, subsection 124(1) of the Act, as enacted by section 305, does not apply in respect of any position referred to in paragraph (b).

      • For greater certainty

        (10) For greater certainty,

        • (a) every essential services agreement between the employer and a bargaining agent that is in force immediately before the commencement day is deemed to have ceased to have effect on the commencement day; and

        • (b) every essential services agreement that is entered into by the employer and a bargaining agent after the commencement day ceases to apply on the day on which a collective agreement is entered into by the employer and the bargaining agent.

  • — 2013, c. 40, s. 339

    • Grievance

      339. The provisions of the Public Service Labour Relations Act, as it read immediately before the day on which sections 325 to 336 come into force, continue to apply in respect of every grievance presented under Part 2 of that Act before that day.