Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)
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Assented to 2013-12-12
PART 3VARIOUS MEASURES
Division 17Public Service Labour Relations
2003, c. 22, s. 2Public Service Labour Relations Act
332. Section 222 of the Act is repealed.
333. (1) Paragraph 226(1)(h) of the Act is replaced by the following:
(h) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of the Canadian Human Rights Act;
(2) Paragraph 226(1)(j) of the Act is replaced by the following:
(j) summarily dismiss grievances that in the adjudicator’s opinion are trivial, frivolous, vexatious or made in bad faith.
334. Section 232 of the Act is replaced by the following:
Marginal note:Decision in respect of policy grievances
232. An adjudicator’s decision in respect of a policy grievance is limited to one or more of the following:
(a) declaring the correct interpretation of a collective agreement or an arbitral award;
(b) declaring that the collective agreement or arbitral award has been contravened; and
(c) requiring the employer or bargaining agent, as the case may be, to interpret the collective agreement or arbitral award in a specified manner, without giving it retroactive effect.
335. Section 235 of the Act is replaced by the following:
Marginal note:Individual grievance — paragraph 209(1)(a)
235. (1) Subject to subsection (3), if an individual grievance that is related to matters referred to in paragraph 209(1)(a) is referred to adjudication by an aggrieved employee, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employee in the adjudication proceedings.
Marginal note:Paragraph 209(1)(b) or (c)
(2) If an individual grievance that is related to matters referred to in paragraph 209(1)(b) or (c) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne in equal parts by the bargaining agent and the deputy head responsible for the portion of the public service that employs the aggrieved employee in the adjudication proceedings.
Marginal note:Paragraph 209(1)(a) and paragraph 209(1)(b) or (c)
(3) If an individual grievance that is related to matters referred to in paragraph 209(1)(a) and matters referred to in paragraph 209(1)(b) or (c) or to matters in both of those paragraphs is referred to adjudication by an aggrieved employee, the expenses of the adjudication are to be borne in equal parts by the bargaining agent and the deputy head responsible for the portion of the public service that employs the aggrieved employee in the adjudication proceedings.
Marginal note:Paragraph 209(1)(c.1)
(4) If an individual grievance that is related to matters referred to in paragraph 209(1)(c.1) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne by the Board.
Marginal note:Paragraph 209(1)(d)
(5) If an individual grievance that is related to matters referred to in paragraph 209(1)(d) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employee in the adjudication proceedings.
Marginal note:Paragraph 209(1)(b), (c), (c.1) or (d)
(6) If an individual grievance that is related to matters referred to in paragraph 209(1)(b), (c), (c.1) or (d) is referred to adjudication by an aggrieved employee who is not included in a bargaining unit, the expenses of the adjudication are to be borne by the Board.
Marginal note:Recovery
(7) Any amount that by this section is payable by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.
Marginal note:Determination by Chairperson
(8) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.
Marginal note:Group grievance
235.1 (1) If a group grievance is referred to adjudication, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employees in the adjudication proceedings.
Marginal note:Recovery
(2) Any amount that by subsection (1) is payable by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.
Marginal note:Determination by Chairperson
(3) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.
Marginal note:Policy grievance
235.2 (1) If a policy grievance is referred to adjudication, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent to the adjudication proceedings.
Marginal note:Recovery
(2) Any amount that by subsection (1) is payable by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.
Marginal note:Determination by Chairperson
(3) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.
336. (1) Subsection 237(1) of the Act is amended by adding “and” at the end of paragraph (g), by striking out “and” at the end of paragraph (h) and by repealing paragraph (i).
(2) Section 237 of the Act is amended by adding the following after subsection (1):
Marginal note:Extensions
(1.1) Regulations made under paragraph (1)(d), (f) or (h) may provide for extensions of time only in circumstances that the Board considers to be exceptional.
337. Subsection 247(1) of the Act is replaced by the following:
Marginal note:Remuneration and expenses
247. (1) Members of arbitration boards, mediators, adjudicators and persons seized of referrals under subsection 182(1) are entitled to be paid the remuneration and expenses that may be fixed by the Governor in Council.
Transitional Provisions
Marginal note:Definitions
338. (1) The following definitions apply in this section.
“commencement day”
« date de référence »
“commencement day” means the day on which this Act receives royal assent.
“the Act”
« Loi »
“the Act” means the Public Service Labour Relations Act.
Marginal note:Words and expressions
(2) Unless the context otherwise requires, words and expressions used in this section have the same meaning as in the Act.
Marginal note:Application of provisions enacted by this Act
(3) Subject to subsections (4) to (7), the provisions of the Act, as enacted by sections 294 to 306, subsection 307(1), sections 308 to 314, subsection 316(1) and sections 317 to 324 also apply in respect of the following bargaining units:
(a) a bargaining unit in respect of which a notice to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement has been given before the commencement day;
(b) a bargaining unit that is bound by a collective agreement or arbitral award that is in force on the commencement day and that expires on that day or at any time after that day, and in respect of which no notice to bargain collectively has been given before the commencement day; and
(c) a bargaining unit in respect of which no notice to bargain collectively for the purpose of entering into a first collective agreement has been given before the commencement day.
Marginal note:Arbitration board established
(4) The provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until an arbitral award is made in respect of the bargaining unit if, before the commencement day,
(a) a request for arbitration was made by the employer or the bargaining agent for the bargaining unit; and
(b) the Chairperson had notified the parties of the establishment of an arbitration board.
Marginal note:Public interest commission established
(5) The provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until a collective agreement is entered into by parties if, before the commencement day,
(a) a request for conciliation was made by the employer or the bargaining agent for the bargaining unit; and
(b) the Chairperson had notified the parties of the establishment of a public interest commission.
Marginal note:No essential services agreement entered
(6) If, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, no essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then,
(a) the process for the resolution of disputes is conciliation; and
(b) despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day.
Marginal note:Essential services agreement entered into
(7) If, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, an essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then, the process for the resolution of disputes is
(a) arbitration, if 80% or more of the positions in the bargaining unit were, immediately before the commencement day, necessary for the employer to provide an essential service; and
(b) conciliation, if less than 80% of the positions in the bargaining unit were, immediately before the commencement day, necessary for the employer to provide an essential service.
Marginal note:Application of subsection 105(2)
(8) Subsection 105(2) of the Act, as that subsection read immediately before the commencement day, continues to apply in respect of a bargaining unit referred to in paragraph (3)(b) until an arbitral award is made or a collective agreement is entered into in respect of a bargaining unit.
Marginal note:Positions — essential services agreement
(9) If a bargaining unit is bound by an essential service agreement immediately before the commencement day, every position that is identified in the agreement as being necessary for the employer to provide essential services is deemed to be a position designated by the employer under section 120 of the Act, as enacted by section 305. However, subsection 124(1) of the Act, as enacted by section 305, does not apply in respect of any of those positions.
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