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

Regulations are current to 2014-10-15

  •  (1) An employee may, by written notice to the employee’s immediate supervisor or local officer-in-charge, abandon a grievance at any level of the grievance process.

  • (2) Where an employee fails to present a grievance to the next higher level in the grievance process within the time fixed by section 64, the employee is deemed to have abandoned the grievance.

Adjudication Procedure

  •  (1) Where a grievance may be referred to adjudication under section 63 of the Act, an employee may do so by filing with the Executive Director in duplicate a notice in Form 14 together with a copy of the grievance that the employee submitted to the employee’s immediate supervisor or local officer-in-charge pursuant to subparagraph 62(1)(a) or (b) not later than the 30th day after the earlier of

    • (a) the day on which the employee received a reply at the final level of the grievance process; or

    • (b) the last day on which the authorized representative of the employer was required to reply to the grievance at the final level of the grievance process under section 65.

  • (2) Where a notice is filed under subsection (1), the Executive Director shall serve on the employer a copy of the notice.

  • (3) Where a grievance relates to the interpretation or application in respect of an employee of a provision of a collective agreement or arbitral award, the notice under subsection (1) shall contain a statement by an authorized representative of the bargaining agent for the employee that the bargaining agent

    • (a) approves of the reference of the grievance to adjudication; and

    • (b) is willing to represent the employee in the adjudication proceedings.

  • SOR/2005-80, s. 7.

 Where an employee receives a final level reply to a grievance with respect to classification or where the time for providing such a reply expires before a day that is one year after Part I of the Act comes into force, the time period provided by subsection 67(1) shall, subject to subsection 63(3) of the Act, commence on the day that is one year after the day on which Part I of the Act comes into force.

  •  (1) Where a grievance with respect to a matter described in paragraph 63(1)(d), (e) or (f) of the Act is referred to adjudication, the grievor shall advise the Executive Director within 30 days after the date the reference is made, or within such longer period as the parties may agree, of the name of the adjudicator selected by the parties pursuant to paragraph 66(3)(a) of the Act to adjudicate the grievance.

  • (2) Where the parties are unable to select an adjudicator within the period of time provided by subsection (1), either party may submit a written request to the Chairperson of the Board to select an adjudicator.

  • SOR/2005-80, ss. 6(E), 7.

 Where a copy of a notice is served on the employer pursuant to subsection 67(2), the employer shall, not later than the 10th day after that service, file with the Executive Director a copy of the reply that was made to the grievance pursuant to subsection 65(1) or (2) or at each level of the grievance process provided for under the collective agreement, as the case may be, and a copy of the grievance replied to at the final level.

  • SOR/91-462, s. 10(F);
  • SOR/2005-80, s. 7.