Federal Public Sector Labour Relations Regulations (SOR/2005-79)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Federal Public Sector Labour Relations Act. (Loi)

contact information

contact information means a telephone number, fax number, mailing and electronic address. (coordonnées)

day

day means a calendar day. (jour)

employee

employee

• (a) in Part 1, has the same meaning as in subsection 2(1) of the Act; and

• (b) in Part 2, has the same meaning as in section 206 of the Act. (fonctionnaire)

initiating document

initiating document means, as the case may be,

• (a) a request for an extension, an addition or a reduction of time under section 12 if the request is filed before the filing of any document referred to in any of paragraphs (b) to (x) or (z.1);

• (b) a request for the Board to exercise any of its powers, duties and functions under section 12 of the Act;

• (c) a request for the Board to exercise any of its powers under section 43 of the Act;

• (d) [Repealed, SOR/2014-251, s. 2]

• (e) an application for certification under section 54 of the Act;

• (f) an application, under section 58 of the Act, for a determination of membership of an employee or a class of employees in a bargaining unit;

• (g) an application, under subsection 79(2) of the Act, for a determination of the rights, privileges and duties of an employee organization;

• (h) an application for certification under section 83 of the Act;

• (i) an application for an order under subsection 84(1) or section 89 of the Act;

• (j) an application, under subsection 86(1) of the Act, for leave to give to the other party a notice to bargain collectively;

• (k) an application for revocation of certification under section 94, 98, 99 or 100 of the Act;

• (l) an application, under subsection 101(2) of the Act, for a determination of the rights or duties of an employee organization;

• (m) an application for direction under section 102 of the Act;

• (n) an application, under paragraph 117(b) of the Act, for an extension of the time to implement a collective agreement;

• (o) an application for a determination on a matter that may be included in an essential services agreement under subsection 123(1) of the Act;

• (p) an application to amend an essential services agreement under subsection 127(1) of the Act;

• (q) an application, under section 131 of the Act, for the amendment or suspension of an essential services agreement because of an emergency;

• (r) an application for an extension of time under section 133 of the Act;

• (s) a request for arbitration under subsection 136(1) of the Act;

• (s.1) [Repealed, SOR/2020-43, s. 1]

• (t) a request for conciliation under subsection 161(1) of the Act;

• (u) an application for a declaration that a strike vote is invalid under subsection 184(2) of the Act;

• (v) a complaint made under section 190 of the Act;

• (w) an application for a declaration of unlawful conduct under subsection 198(1) of the Act;

• (x) an application to obtain the consent of the Board referred to in section 205 of the Act;

• (y) an application for an extension of time referred to in subsection 61(b) if the application is filed before the notice of a reference to adjudication;

• (z) the notice of a reference to adjudication under section 223 of the Act; or

• (z.1) a request for the filing of an order of an adjudicator or the Board in the Federal Court under subsection 234(1) of the Act. (document introductif)

intervenor

intervenor, in respect of a proceeding, means any person that has been granted intervenor status. (intervenant)

person

person includes an employee organization, a council of employee organizations and an employer. (personne)

signature

signature means a handwritten signature or an electronic signature that consists of one or more letters, characters, numbers or other symbols in digital form and that is incorporated in, attached to or associated with an electronic document or electronic information. (signature)

General Provisions

Marginal note:Filing initiating documents

2 All initiating documents must be filed with the Board.

3 [Repealed, SOR/2020-43, s. 3]

Marginal note:Copies

4 On receipt of an initiating document, the Board must provide copies to the other party and to any person who may be affected by the proceeding.

Marginal note:Reply

5 The other party must reply to the initiating document — other than a request for arbitration, a request for conciliation or a notice of a reference to adjudication — no later than 15 days after it receives a copy of the document, unless these Regulations provide otherwise.

Marginal note:Failure to reply

6 Despite sections 16 and 17, if, in a proceeding — other than a reference to adjudication — the other party fails to file its reply to the initiating document within the time limit prescribed in these Regulations, the Board or the Chairperson, as the case may be, may dispose of the matter before it without further notice to that party.

Marginal note:Subsequent documents

• 7 (1) Subject to section 8, any document submitted subsequently to an initiating document must be filed with the Board.

• Marginal note:Copies

  (2) The person filing a subsequent document must provide a copy of it to

  • (a) the person who filed the initiating document;

  • (b) every person in receipt of an initiating document by virtue of section 4, unless that person has notified the Board in writing that the person does not wish to receive a copy of subsequent documents;

  • (c) any intervenors; and

  • (d) the Canadian Human Rights Commission if it received a notice referred to in subsection 210(1), 217(1) or 222(1) of the Act.

• Marginal note:Exceptions

  (3) Subsection (2) does not apply in respect of

  • (a) applications for a summons;

  • (b) the documentary evidence referred to in sections 30 and 42;

  • (c) the additional documentation provided by the employer under sections 32 and 44; and

  • (d) statements of opposition and applications to amend statements of opposition.

Marginal note:Clarification

8 Section 7 does not apply to documents filed under section 19 or 54, subsections 92(1) or 93(1), or section 104.

Marginal note:Receipt of document

9 A document is considered to have been received by the Board,

• (a) if a document is sent by courier, on the day on which it is sent;

• (b) if a document is delivered by hand, on the day on which it is received;

• (c) if the document is sent by electronic mail, fax transmission or other electronic means, on the day on which it is sent; or

• (d) if the document is sent by mail, on the day that is

  • (i) the date of the postmark or the date of the postage meter impression authorized by the Canada Post Corporation, or

  • (ii) if both the postmark and postage meter impression appear on the envelope, on the later of the dates indicated in them.

Marginal note:Computation of time

10 If the time limit, under these Regulations, for the filing or presentation of a document expires on a Saturday or a holiday, the document may be filed on the day next following that is not a Saturday or a holiday.

Marginal note:Withdrawal

• 11 (1) The person who initiates a proceeding before the Board, the Chairperson or an adjudicator may withdraw the proceeding in person at the hearing or by providing the Board with a notice of withdrawal in writing at any time before a decision is made.

• Marginal note:Closing of file

  (2) On being informed by the Chairperson or an adjudicator of the withdrawal or on receipt of the notice of withdrawal, the Board must close the file and inform the parties, the intervenors and, if notice to the Canadian Human Rights Commission was given under subsection 210(1), 217(1) or 222(1) of the Act, the Canadian Human Rights Commission that the file has been closed.

Marginal note:Deemed withdrawn

11.1 The Board may, on its own initiative, send a notice of status review to all of the parties that requires them to provide representations stating the reasons why the matter should not be deemed to be withdrawn and, if there is no response within the period determined by the Board, deem the matter withdrawn.

PART 1Labour Relations

General Provisions

Marginal note:Extension or reduction of time

12 Despite any other provision of this Part, the Board may, with respect to any Board matter referred to in this Part,

• (a) in the interest of fairness, extend the time specified under this Part, or allow for additional time, to do any act or file any notice or any document; or

• (b) if a matter is urgent, on notice to all parties, reduce the time specified under this Part to do any act or file any notice or any document.

Marginal note:Consolidation

13 To ensure the expeditious resolution of proceedings, the Board may direct that any two or more proceedings before it be consolidated.

Marginal note:Addition of party or intervenor

• 14 (1) Any person with a substantial interest in a proceeding before the Board may apply to the Board to be added as a party or an intervenor.

• Marginal note:Representations

  (2) The Board may, after giving the parties the opportunity to make representations in respect of the application, add the person as a party or an intervenor.

Marginal note:Insufficient information

• 15 (1) The Board may, on its own initiative or at request of a party or an intervenor, request that information contained in any document filed by any other party or any other intervenor be made more complete or specific.

• Marginal note:Striking out information

  (2) The Board may, after giving the party or intervenor to whom the request was made the opportunity to reply to the request, strike from the document the information that is incomplete or insufficiently specific.

Marginal note:Notice of pre-hearing conference

16 The Board must provide the parties and intervenors with notice of a pre-hearing conference at least three days before the day that is fixed for it.

Marginal note:Notice of hearing

• 17 (1) The Board must provide the parties and intervenors with notice of a hearing before the Board at least seven days before the day that is fixed for it.

• (1.1) [Repealed, SOR/2020-43, s. 9]

• Marginal note:Notice of hearing to those opposing

  (2) In the case of an application for certification or revocation of certification, the Board must also provide notice to each employee or representative of a group of employees who has filed a statement of opposition with respect to the application for certification or revocation of certification, at least seven days before the day that is fixed for the hearing.

• Marginal note:Failure to attend

  (3) If a person who is provided with a notice of hearing fails to attend the hearing or any continuance of it, the Board may proceed with the hearing and dispose of the matter without further notice to that person.

Marginal note:Contents of summons application

18 The Board may, if necessary for the fair and expeditious resolution of a proceeding before it, require that an application for a summons contain the name and address of the witness to be summoned and a statement of the evidence that the witness is expected to give at the hearing.

Marginal note:Document adduced as evidence

• 19 (1) Any document adduced as evidence must be filed at the hearing with a copy for the Board, each party and each intervenor.

• Marginal note:Bilingualism

  (2) The document must be filed in both official languages, if it exists in both languages.