Public Service Staffing Complaints Regulations (SOR/2006-6)

Regulations are current to 2016-09-18 and last amended on 2014-11-03. Previous Versions

Public Service Staffing Complaints Regulations

SOR/2006-6

PUBLIC SERVICE EMPLOYMENT ACT

Registration 2005-12-23

Public Service Staffing Complaints Regulations

The Public Service Staffing Tribunal, pursuant to section 109 of the Public Service Employment ActFootnote a, hereby makes the annexed Public Service Staffing Tribunal Regulations.

Ottawa, December 22, 2005

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in these Regulations.

    Act

    Loi

    Act means the Public Service Employment Act. (Loi)

    day

    jour

    day means a calendar day. (jour)

    Executive Director

    Executive Director[Repealed, SOR/2014-250, s. 2]

    intervenor

    intervenant

    intervenor means anyone who is allowed under subsection 19(4) to intervene in the hearing of a complaint. (intervenant)

    party

    partie

    party means anyone who has a right to be heard under subsection 65(3), section 75, subsection 79(1) or section 85 of the Act. (partie)

    standardized test

    standardized test[Repealed, SOR/2011-116, s. 1]

    writing

    écrit

    writing includes, with respect to a person with a disability that affects the capacity to communicate in writing, any means of communication that can be used and understood by that person and that may be retained. (écrit)

  • Marginal note:Canadian Human Rights Commission

    (2) For the purposes of these Regulations, the Canadian Human Rights Commission is a participant in a proceeding in relation to a complaint if the Canadian Human Rights Commission has given notice under subsection 20(3) that it intends to make submissions regarding an issue raised by the complainant involving the interpretation or the application of the Canadian Human Rights Act.

  • Marginal note:References to “the deputy head or the Commission”

    (3) In these Regulations, a reference to “the deputy head or the Commission”, in the context of a complaint, means

    • (a) the deputy head, in any case where the complaint relates to a lay-off, revocation, appointment or proposed appointment in respect of which the Commission has authorized the deputy head under section 15 of the Act to exercise or perform any of the Commission’s powers and functions; and

    • (b) the Commission, in any other case.

  • SOR/2011-116, s. 1;
  • SOR/2014-250, s. 2.

Application

Marginal note:Application

 These Regulations apply to all complaints made to the Board under subsection 65(1) or section 74, subsection 77(1) or section 83 of the Act.

  • SOR/2014-250, s. 8.

General Provisions

Marginal note:When notice considered received

 A notice that is sent to a party, an intervenor or the Canadian Human Rights Commission is considered to have been received by the party, the intervenor or the Canadian Human Rights Commission on

  • (a) if the notice is sent by electronic means such as electronic mail or fax transmission, the day on which it is sent;

  • (b) if the notice is sent by courier or delivered by hand, the day on which it is received; and

  • (c) if the notice is sent by mail, the day that is six days after

    • (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 the postage meter impression appear on the envelope, the later of them.

Marginal note:Alternate methods of providing notices and other documents

 Despite any provisions of these Regulations, the Board may, in the interest of fairness, establish alternate methods of providing notices and other documents.

  • SOR/2014-250, s. 8.
Marginal note:Amendment of time
  •  (1) A party may request the Board to extend or reduce the time within which a complaint may be made or within which notices and other documents must be given in relation to a complaint.

  • Marginal note:Submissions

    (2) Before determining whether to extend or reduce the time, the Board must provide the other parties an opportunity to make submissions respecting the request.

  • Marginal note:Determination

    (3) The Board must determine whether it is in the interest of fairness to extend or reduce the time and, if it is, the length of the extension or reduction.

  • SOR/2011-116, s. 2;
  • SOR/2014-250, s. 8.

 [Repealed, SOR/2011-116, s. 2]

Marginal note:Computation of time

 A time period calculated under these Regulations that ends on a Saturday or a holiday is extended to end on the next day after that is not a Saturday or a holiday.

Marginal note:Consolidation of proceedings

 To ensure the expeditious resolution of complaints, the Board may direct that proceedings be consolidated and may issue directions in respect of the conduct of the consolidated proceedings.

  • SOR/2011-116, s. 3;
  • SOR/2014-250, s. 8.
Marginal note:Informal and expeditious proceeding

 For the purposes of section 5, subsection 17(4) and sections 19 and 27, the Board may deal with a proceeding as informally and expeditiously as the circumstances and the considerations of fairness permit.

  • SOR/2014-250, s. 3.
Marginal note:Technical irregularity

 No proceeding is invalid by reason only of a defect in form or a technical irregularity.

Making a Complaint

Marginal note:Time for making complaint
  •  (1) A complaint must be received by the Board no later than 15 days after

    • (a) the day on which the complainant receives notice of the lay-off, revocation, appointment or proposed appointment to which the complaint relates; or

    • (b) the date specified in the notice, if it is a public notice.

  • Marginal note:Receipt of complaint

    (2) A complaint is considered to have been received by the Board on

    • (a) if the complaint is sent by electronic means such as electronic mail or fax transmission, the day on which it is sent;

    • (b) if the complaint is sent by courier or delivered by hand, the day on which it is received; or

    • (c) if the complaint is sent by mail, 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 the postage meter impression appear on the envelope, the later of them.

  • SOR/2011-116, s. 4;
  • SOR/2014-250, s. 8.
Marginal note:Form and content of complaint

 A complaint must be filed with the Board in writing and must include

  • (a) the name, telephone number and fax number of the complainant, and a mailing address or electronic mail address that can be disclosed to all parties;

  • (b) [Repealed, SOR/2011-116, s. 5]

  • (c) the name, address, telephone number, fax number and electronic mail address of the complainant’s authorized representative, if any;

  • (d) the number or identifier, if any, of the process to which the complaint relates;

  • (e) a copy of the notice of lay-off, revocation, appointment or proposed appointment to which the complaint relates;

  • (f) the name of the department or agency, branch or sector involved in the process to which the complaint relates;

  • (g) a reference to the provision of the Act under which the complaint is made;

  • (h) a full factual description of the events, circumstances or actions giving rise to the complaint, to the extent known by the complainant;

  • (i) the signature of the complainant or their authorized representative; and

  • (j) the date of the complaint.

  • SOR/2011-116, s. 5;
  • SOR/2014-250, s. 7.
 
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