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 18Reorganization of Federal Public Service Labour Relations and Employment Boards
R.S., c. C-23Canadian Security Intelligence Service Act
Marginal note:2003, c. 22, s. 143(3)
449. Subsection 8(3) of the Canadian Security Intelligence Service Act is replaced by the following:
Marginal note:Adjudication of employee grievances
(3) When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act.
R.S., c. F-11Financial Administration Act
Marginal note:1992, c. 1, s. 72; 2003, c. 22, s. 168; SOR/2003-443
450. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to
Public Service Labour Relations Board
Commission des relations de travail dans la fonction publique
and the corresponding reference in column II to “Minister of Canadian Heritage”.
Marginal note:2003, c. 22, s. 247; SOR/2003-444
451. Schedule I.1 to the Act is amended by striking out, in column I, the reference to
Public Service Staffing Tribunal
Tribunal de la dotation de la fonction publique
and the corresponding reference in column II to “Minister of Canadian Heritage”.
452. Schedule I.1 to the Act is amended by amended by adding, in alphabetical order in column I, a reference to
Public Service Labour Relations and Employment Board
Commission des relations de travail et de l’emploi dans la fonction publique
and a corresponding reference in column II to “Minister of Canadian Heritage”.
Marginal note:2003, c. 22, s. 11
453. Schedule IV to the Act is amended by striking out the following:
Public Service Staffing Tribunal
Tribunal de la dotation de la fonction publique
Marginal note:2003, c. 22, s. 11
454. Schedule V to the Act is amended by striking out the following:
Public Service Labour Relations Board
Commission des relations de travail dans la fonction publique
455. Schedule V to the Act is amended by adding the following in alphabetical order:
Public Service Labour Relations and Employment Board
Commission des relations de travail et de l’emploi dans la fonction publique
Marginal note:2006, c. 9, s. 270
456. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
Public Service Labour Relations Board
Commission des relations de travail dans la fonction publique
and the corresponding reference in column II to “Chairperson”.
Marginal note:2006, c. 9, s. 270
457. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
Public Service Staffing Tribunal
Tribunal de la dotation de la fonction publique
and the corresponding reference in column II to “Chairperson”.
458. Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to
Public Service Labour Relations and Employment Board
Commission des relations de travail et de l’emploi dans la fonction publique
and a corresponding reference in column II to “Chairperson”.
R.S., c. P-21Privacy Act
Marginal note:2003, c. 22, ss. 189 and 248
459. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Public Service Labour Relations Board
Commission des relations de travail dans la fonction publique
Public Service Staffing Tribunal
Tribunal de la dotation de la fonction publique
460. The schedule to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Public Service Labour Relations and Employment Board
Commission des relations de travail et de l’emploi dans la fonction publique
R.S., c. P-36Public Service Superannuation Act
Marginal note:2003, c. 22, s. 250
461. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:
Public Service Staffing Tribunal
Tribunal de la dotation de la fonction publique
Marginal note:2003, c. 22, s. 213
462. Part II of Schedule I to the Act is amended by striking out the following:
Public Service Labour Relations Board
Commission des relations de travail dans la fonction publique
463. Part II of Schedule I to the Act is amended by adding the following in alphabetical order:
Public Service Labour Relations and Employment Board
Commission des relations de travail et de l’emploi dans la fonction publique
1991, c. 30Public Sector Compensation Act
464. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:
Public Service Staff Relations Board
Commission des relations de travail dans la Fonction publique
465. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:
Public Service Labour Relations and Employment Board
Commission des relations de travail et de l’emploi dans la fonction publique
1992, c. 33Status of the Artist Act
Marginal note:2003, c. 22, s. 220(E)
466. Paragraph 9(3)(a) of the Status of the Artist Act is replaced by the following:
(a) employees, within the meaning of the Public Service Labour Relations Act, including those determined to be employees by the Public Service Labour Relations and Employment Board, and members of a bargaining unit that is certified by that Board; or
Coordinating Amendments
Marginal note:This Act
467. (1) On the day on which section 298 comes into force, section 370 is replaced by the following:
Marginal note:2003, c. 22, s. 274
370. The heading before section 44 and sections 44 to 52 of the Act are repealed.
(2) If section 333 of this Act comes into force before section 376 of this Act, then, on the day on which that section 376 comes into force, paragraph 226(2)(b) of the Public Service Labour Relations Act is replaced by the following:
(b) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of the Canadian Human Rights Act; and
(3) If section 376 comes into force before section 333, then that section 333 is replaced by the following:
333. Paragraph 226(2)(b) of the Act is replaced by the following:
(b) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of the Canadian Human Rights Act; and
(4) If section 333 comes into force on the same day as section 376, then that section 333 is deemed to have come into force before that section 376 and subsection (2) applies as a consequence.
(5) On the first day on which both sections 334 and 381 of this Act are in force, the portion of section 232 of the Public Service Labour Relations Act before paragraph (a) is replaced by the following
Marginal note:Decision in respect of policy grievances
232. An adjudicator’s or the Board’s decision in respect of a policy grievance is limited to one or more of the following:
(6) If section 335 comes into force before section 383, then that section 383 is replaced by the following:
383. Subsection 235(6) of the French version of the Act is replaced by the following:
Marginal note:Alinéas 209(1)b), c), c.1) ou d)
(6) Dans le cas du renvoi à l’arbitrage d’un grief individuel d’un type visé aux alinéas 209(1)b), c), c.1) ou d) par un fonctionnaire s’estimant lésé qui ne fait pas partie d’une unité de négociation, les frais d’arbitrage sont à la charge de la Commission.
(7) If section 383 of this Act comes into force before section 335 of this Act, then, on the day on which that section 335 comes into force, subsection 235(6) of the French version of the Public Service Labour Relations Act is replaced by the following:
Marginal note:Alinéas 209(1)b), c), c.1) ou d)
(6) Dans le cas du renvoi à l’arbitrage d’un grief individuel d’un type visé aux alinéas 209(1)b), c), c.1) ou d) par un fonctionnaire s’estimant lésé qui ne fait pas partie d’une unité de négociation, les frais d’arbitrage sont à la charge de la Commission.
(8) If section 335 comes into force on the same day as section 383, then that section 383 is deemed to have come into force before that section 335 and subsection (7) applies as a consequence.
(9) On the day on which section 337 comes into force, section 388 is repealed.
(10) If section 356 of this Act comes into force before section 405 of this Act, then, on the day on which that section 405 comes into force, section 88 of the Public Service Employment Act is replaced by the following:
Marginal note:Complaints
88. The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77, 78 and 83.
(11) If section 405 comes into force before section 356, then that section 356 is replaced by the following:
356. Section 88 of the Act is replaced by the following:
Marginal note:Complaints
88. The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77, 78 and 83.
(12) If section 356 comes into force on the same day as section 405, then that section 356 is deemed to have come into force before that section 405 and subsection (10) applies as a consequence.
(13) If section 357 of this Act comes into force before section 407 of this Act, then, on the day on which that section 407 comes into force, section 89 of the Public Service Employment Act is replaced by the following:
Marginal note:Powers
89. (1) Subject to any limitations that the Governor in Council may establish in the interests of defence or security, the Board has, in relation to a complaint, the power to enter any premises of an employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliances or articles in the premises and require any person in the premises to answer all questions relating to the complaint.
Marginal note:Dismissing complaint
(2) The Board may summarily dismiss a complaint if the complainant fails to comply with any procedures set out in this Act, or the Board’s regulations, in relation to a complaint.
Marginal note:Dismissing complaint
(3) The Board may summarily dismiss a complaint if the deputy head has taken the corrective action that the Board considers appropriate in relation to the complaint.
(14) If section 407 comes into force before section 357, then that section 357 is replaced by the following:
357. Section 89 of the Act is replaced by the following:
Marginal note:Powers
89. (1) Subject to any limitations that the Governor in Council may establish in the interests of defence or security, the Board has, in relation to a complaint, the power to enter any premises of an employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliances or articles in the premises and require any person in the premises to answer all questions relating to the complaint.
Marginal note:Dismissing complaint
(2) The Board may summarily dismiss a complaint if the complainant fails to comply with any procedures set out in this Act, or the Board’s regulations, in relation to a complaint.
Marginal note:Dismissing complaint
(3) The Board may summarily dismiss a complaint if the deputy head has taken the corrective action that the Board considers appropriate in relation to the complaint.
(15) If section 357 comes into force on the same day as section 407, then that section 357 is deemed to have come into force before that section 407 and subsection (13) applies as a consequence.
(16) On the first day on which both sections 358 and 407 of this Act are in force, section 103.1 of the Public Service Employment Act is replaced by the following:
Marginal note:Copy of decision provided
103.1 The Board shall render a decision on a complaint made under subsection 65(1) or section 74, 77, 78 or 83 and provide a copy of it — including any written reasons — and any accompanying order to the Commission and to each person who exercised the right to be heard on the complaint.
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