Assented to 2013-12-12
An Act to establish the Public Service Labour Relations and Employment Board
Marginal note:Short title
1 This Act may be cited as the Public Service Labour Relations and Employment Board Act.
2 The following definitions apply in this Act.
bargaining agent has the same meaning as in subsection 2(1) of the Public Service Labour Relations Act. (agent négociateur)
employer has the same meaning as in subsection 2(1) of the Public Service Labour Relations Act. (employeur)
Minister means the Minister who is designated under section 3. (ministre)
Designation of Minister
Marginal note:Power of Governor in Council
3 The Governor in Council may, by order, designate any federal minister, other than a member of the Treasury Board, to be the Minister referred to in this Act.
Public Service Labour Relations and Employment Board
Establishment and Composition
Marginal note:Establishment of Board
Marginal note:Board’s composition
(2) The Board is composed of
(a) a Chairperson, who is to hold office on a full-time basis;
(b) not more than two Vice-chairpersons, who are to hold office on a full-time basis;
(c) not more than 10 other members who are to hold office on a full-time basis; and
(d) any part-time members that the Governor in Council considers necessary to carry out the Board’s powers, duties and functions.
Appointment of Members
(b) not hold any other office or employment under the employer;
(c) not be a member of or hold an office or employment under an employee organization, as defined in subsection 2(1) of the Public Service Labour Relations Act, that is certified as a bargaining agent; and
(d) not accept any office or employment, or carry on any activity, that is inconsistent with the person’s duties or functions.
(2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut with powers, duties and functions similar to those of the Board.
Marginal note:Appointments of other members from list
6 (1) Every member, other than the Chairperson or a Vice-chairperson, must be appointed from among eligible persons whose names are on a list prepared by the Chairperson after consultation with the employer and the bargaining agents.
(2) The Chairperson must set out on the list
Marginal note:Equal numbers
(3) The appointment of members, other than the Chairperson and the Vice-chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents.
Marginal note:Non-representative Board
(4) Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in the exercise of their powers and the performance of their duties and functions.
Marginal note:Residence of full-time members
Marginal note:Appointment of members
Marginal note:Term of office
(2) A full-time member may be appointed for a term of office that is not more than five years and a part-time member may be appointed for a term of office that is not more than three years.
(3) A member is eligible for reappointment on the expiry of any term of office.
Marginal note:Completion of duties and functions
(4) A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any duties or functions that they would otherwise have had in connection with any matter that came before the Board while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member.
Marginal note:Oath or solemn affirmation
9 Before beginning their duties or functions, a person who is appointed as a member of the Board must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:
I, , do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of member (or Chairperson or Vice-chairperson) of the Public Service Labour Relations and Employment Board.
10 Every member and former member referred to in subsection 8(4)
(a) is to be paid the remuneration that may be determined by the Governor in Council; and
(b) is entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.
Application of Other Acts
Marginal note:Application of Public Service Superannuation Act
Marginal note:Application of certain Acts
12 A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.
Head Office and Meetings
Marginal note:Head office
- 2013, c. 40, s. 365 “13”;
- 2014, c. 20, s. 471.
Marginal note:Services and facilities
14 In exercising its powers and performing its duties and functions, the Board may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the Board’s operation.
Marginal note:Off-site participation
(2) A meeting of the Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting.
- Date modified: