P.E.S.R.A. Regulations and Rules of Procedure (SOR/86-1140)

Regulations are current to 2012-05-14

P.E.S.R.A. Regulations and Rules of Procedure

SOR/86-1140

PARLIAMENTARY EMPLOYMENT AND STAFF RELATIONS ACT

Registration 1986-12-12

Regulations and Rules of Procedure of the Parliamentary Employment and Staff Relations Act

The Public Service Staff Relations Board, pursuant to sections 12 and 71 of the Parliamentary Employment and Staff Relations ActFootnote *, hereby makes the Regulations and Rules of Procedure of the Parliamentary Employment and Staff Relations Act, in accordance with the schedule hereto.

Ottawa, December 12, 1986

SHORT TITLE

1. These Regulations may be cited as the P.E.S.R.A. Regulations and Rules of Procedure.

INTERPRETATION

  • 2. (1) In these Regulations,

    “Act”

    “Act” means the Parliamentary Employment and Staff Relations Act; (Loi)

    “Executive Director”

    “Executive Director” means the Executive Director of the Board; (directeur général)

    “person”

    “person” includes an employee organization, a council of employee organizations and an employer; (personne)

    “registrar”

    “registrar”[Repealed, SOR/2005-80, s. 1]

    “Secretary”

    “Secretary”[Repealed, SOR/2005-80, s. 1]

  • (2) Where a period of time is prescribed by these Regulations and expressed as a number of days, the period shall be computed as being the number of days expressed exclusive of Saturdays and holidays.

  • SOR/2005-80, s. 1.

FILING

  • 3. (1) Subject to subsection (2), for the purposes of these Regulations, a document shall be deemed to be filed with the Executive Director at the time it is

    • (a) sent by registered mail addressed to the Executive Director; or

    • (b) received by or on behalf of the Executive Director, if the document was not sent by registered mail.

  • (2) Where a document is received by or on behalf of the Executive Director after 4 o’clock in the afternoon local Ottawa time of a business day of the Board, the document shall, for the purposes of these Regulations, be deemed to be filed with the Executive Director on the next business day of the Board.

  • SOR/2005-80, s. 2.

SERVICE

  • 4. (1) Where a document is required by these Regulations to be served, the service may be effected

    • (a) by personal service or, if the person to be served cannot be found, by leaving the document with a person who appears to be of at least 16 years of age and resident or employed at the premises located at the address for service or principal office of the person to be served as stated in any application, intervention, reply or other document in the proceeding or at the person’s last known or usual address;

    • (b) by registered mail addressed to the person to be served at the person’s address for service or the person’s principal office as stated in any application, intervention, reply or other document in the proceeding or at the person’s last known or usual address; or

    • (c) where service cannot be expeditiously effected under paragraph (a) or (b), by communicating to the person to be served the contents of the document in such manner as the Board may direct.

  • (2) Where a hearing is to be held, service of the notice of hearing in Form 1 shall be effected at least five days before the day fixed for the hearing.

  • (3) Where a person is served with a notice of hearing referred to in subsection (2) and fails to attend the hearing or at any continuation thereof, the hearing may proceed and the matter be disposed of without further notice to that person.