An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures

S.C. 2017, c. 9

Assented to 2017-06-19

An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures

RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures”.

SUMMARY

This enactment amends the Public Service Labour Relations Act to provide for a labour relations regime for members of the Royal Canadian Mounted Police and reservists. It provides a process for an employee organization to acquire collective bargaining rights for members and reservists and includes provisions that regulate collective bargaining, arbitration, unfair labour practices and grievances. It also amends the Royal Canadian Mounted Police Act to bar grievances related to the interpretation and application of a collective agreement or arbitral award, which are to be filed in accordance with the Public Service Labour Relations Act.

It changes the title of the Public Service Labour Relations Act and the Public Service Labour Relations and Employment Board Act and the name of the Public Service Labour Relations and Employment Board. It also amends that latter Act to increase the maximum number of full-time members of the Board and to require the Chairperson, when making recommendations for appointment, to take into account the need for two members with knowledge of police organizations.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2003, c. 22, s. 2Public Service Labour Relations Act

 The long title of the Public Service Labour Relations Act is replaced by the following:

An Act respecting labour relations in the federal public sector

 Section 1 of the Act is replaced by the following:

Marginal note:Short title

1 This Act may be cited as the Federal Public Sector Labour Relations Act.

Marginal note:2013, c. 40, s. 366(1)
  •  (1) The definitions Board, council of employee organizations and employee organization in subsection 2(1) of the Act are replaced by the following:

    Board

    Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act. (Commission)

    council of employee organizations

    council of employee organizations means a council formed by two or more employee organizations within the meaning of paragraph (a) of the definition employee organization or by two or more employee organizations within the meaning of paragraph (b) of that definition. (regroupement d’organisations syndicales)

    employee organization

    employee organization means

    • (a) in respect of employees who are not RCMP members or reservists, an organization of employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1 and 2; and

    • (b) in respect of employees who are RCMP members or reservists, an organization of those employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1, 2 and 2.1. (organisation syndicale)

  • (2) Paragraph (d) of the definition employee in subsection 2(1) of the Act is replaced by the following:

  • (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    National Joint Council

    National Joint Council means the National Joint Council whose establishment was authorized by Order in Council P.C. 3676, dated May 16, 1944. (Conseil national mixte)

    RCMP member

    RCMP member, except in Division 2 of Part 2.1, means a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who is appointed to a rank. (membre de la GRC)

    reservist

    reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste)

  • Marginal note:2013, c. 40, s. 366(2)

    (4) Subsection 2(4) of the Act is replaced by the following:

    • Marginal note:Casual employment

      (4) For the purposes of paragraph (f) of the definition employee in subsection (1) and paragraph (e) of the definition employee in subsection 206(1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right to make appointments is employed on a casual basis if the person was appointed under section 50 of the Public Service Employment Act.

  • (5) Section 2 of the Act is amended by adding the following after subsection (5):

    • Marginal note:Reference to employee organization

      (6) Unless the context otherwise requires, a reference to an employee organization includes a reference to a council of employee organizations, and a reference to an employee organization within the meaning of paragraph (a) or (b), as the case may be, of the definition employee organization in subsection 2(1) includes a reference to a council formed by two or more employee organizations within the meaning of that paragraph.

 The definition National Joint Council in subsection 4(1) of the Act is repealed.

 The Act is amended by adding the following after section 7:

Marginal note:Right of Commissioner of Royal Canadian Mounted Police preserved

7.1 Nothing in this Act is to be construed as affecting the right or authority of the Commissioner of the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act to ensure that police operations are effective.

Marginal note:2013, c. 40, s. 367

 Section 13 of the Act is replaced by the following:

Marginal note:Adjudication services

13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3.

Marginal note:2013, c. 40, s. 368

 Paragraph 39(m) of the Act is replaced by the following:

  • (m) any other matter that is incidental or conducive to the attainment of the objects of this Part or Division 1 of Part 2.1.

 Section 54 of the Act is replaced by the following:

Marginal note:Right to apply

54 Subject to section 55, an employee organization within the meaning of paragraph (a) of the definition employee organization in subsection 2(1) that seeks to be certified as bargaining agent for a group of employees that it considers constitutes a unit that is appropriate for collective bargaining may apply to the Board, in accordance with the regulations, for certification as bargaining agent for the proposed bargaining unit. The Board must notify the employer of the application without delay.

 The portion of section 56 of the Act before paragraph (a) is replaced by the following:

Marginal note:Continuation of terms and conditions

56 After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer is not authorized, except under a collective agreement or with the consent of the Board, to alter the terms and conditions of employment that are applicable to the employees in the proposed bargaining unit and that may be included in a collective agreement until

  •  (1) The portion of subsection 59(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Application
    • 59 (1) After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer may apply to the Board for an order declaring that any position of an employee in the proposed bargaining unit is a managerial or confidential position on the grounds that

  • (2) Paragraph 59(1)(e) of the Act is replaced by the following:

    • (e) the occupant of the position has substantial management duties, responsibilities and authority over employees or has duties and responsibilities dealing formally on behalf of the employer with grievances presented in accordance with the grievance process provided for under Part 2 or Division 2 of Part 2.1;

Marginal note:2014, c. 40, s. 9

 Subsection 64(1) of the Act is replaced by the following:

Marginal note:Duty to certify employee organization
  • 64 (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a proposed bargaining unit who have cast a ballot have voted to have the applicant employee organization represent them as their bargaining agent, the Board must, subject to this Part and Division 1 of Part 2.1, certify the employee organization as the bargaining agent for the unit.

 Section 70 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Limitation

    (3) Despite subsection (1), the Board is not permitted to review the structure of the bargaining unit determined under section 238.14.

Marginal note:2013, c. 40, s. 300

 Subsection 79(2) of the Act is replaced by the following:

  • Marginal note:Board to determine questions

    (2) If any question arises in respect of the merger, amalgamation or transfer of jurisdiction concerning the rights, privileges and duties of an employee organization under this Part or Division 1 of Part 2.1 or under a collective agreement or an arbitral award in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained.

 Subsection 100(2) of the Act is replaced by the following:

  • Marginal note:Additional circumstances

    (2) The circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 99 and section 238.17.

 Subsection 101(2) of the Act is replaced by the following:

  • Marginal note:Determination of rights of bargaining agent

    (2) If the certification of an employee organization is revoked by the Board under section 96, any of sections 98 to 100 or section 238.17, the Board must, on application by the employee organization or any employee organization that is substituted in the place of a bargaining agent under paragraph 67(c), determine any question as to any right or duty of the employee organization or of the substituted employee organization.

 The portion of section 113 of the Act before paragraph (a) is replaced by the following:

Marginal note:Collective agreement not to require legislative implementation

113 A collective agreement that applies to a bargaining unit — other than a bargaining unit determined under section 238.14 — must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if

 Section 114 of the Act is replaced by the following:

Marginal note:Agreement is binding

114 Subject to and for the purposes of this Part and Division 1 of Part 2.1, a collective agreement is binding on the employer, the bargaining agent and every employee in the bargaining unit on and after the day on which it has effect. To the extent that the collective agreement deals with matters referred to in section 12 of the Financial Administration Act, the collective agreement is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit.

 Subsection 144(1) of the Act is replaced by the following:

Marginal note:Referral to arbitration
  • 144 (1) Subject to sections 150 and 238.22, after establishing the arbitration board, the Chairperson must without delay refer the matters in dispute to the board.

 The portion of subsection 150(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Award not to require legislative implementation
  • 150 (1) An arbitral award that applies to a bargaining unit — other than a bargaining unit determined under section 238.14 — must not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if

 Section 154 of the Act is replaced by the following:

Marginal note:Binding effect

154 Subject to and for the purposes of this Part and Division 1 of Part 2.1, as of the day on which it is made, the arbitral award binds the employer and the bargaining agent that are parties to it and the employees in the bargaining unit in respect of which the bargaining agent has been certified. To the extent that it deals with matters referred to in section 12 of the Financial Administration Act, the arbitral award is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit.

Marginal note:2013, c. 40, s. 310

 Subsections 158.1(1) and (2) of the Act are replaced by the following:

Marginal note:Review
  • 158.1 (1) Within seven days after the day on which an arbitral award is made, the Chairperson may direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 and, if applicable, the factor referred to in section 238.21, based on a full consideration of the written submissions provided to the arbitration board.

  • Marginal note:Review — application

    (2) On application by either party to an arbitral award, made within seven days after the day on which the arbitral award is made, the Chairperson may, within seven days after the day on which the application is made, direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 and, if applicable, the factor referred to in section 238.21, based on a full consideration of the written submissions provided to the arbitration board.

  •  (1) The portion of subsection 186(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Unfair labour practices — employer
    • 186 (1) No employer, and, whether or not they are acting on the employer’s behalf, no person who occupies a managerial or confidential position and no person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer, shall

  • (2) The portion of subsection 186(2) of the Act before subparagraph (a)(i) is replaced by the following:

    • Marginal note:Unfair labour practices — employer

      (2) No employer, no person acting on the employer’s behalf, and, whether or not they are acting on the employer’s behalf, no person who occupies a managerial or confidential position and no person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer, shall

      • (a) refuse to employ or to continue to employ, or suspend, lay off, discharge for the promotion of economy and efficiency in the Royal Canadian Mounted Police or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment, or intimidate, threaten or otherwise discipline any person, because the person

  • (3) Subparagraphs 186(2)(a)(ii) to (iv) of the Act are replaced by the following:

    • (ii) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Part or Part 2 or 2.1,

    • (iii) has made an application or filed a complaint under this Part or Division 1 of Part 2.1 or presented a grievance under Part 2 or Division 2 of Part 2.1, or

    • (iv) has exercised any right under this Part or Part 2 or 2.1;

  • (4) Paragraph 186(2)(b) of the Act is replaced by the following:

    • (b) impose, or propose the imposition of, any condition on an appointment, or in an employee’s terms and conditions of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Part or Part 2 or 2.1; or

  • (5) Subparagraphs 186(2)(c)(i) to (iii) of the Act are replaced by the following:

    • (i) testifying or otherwise participating in a proceeding under this Part or Part 2 or 2.1,

    • (ii) making a disclosure that the person may be required to make in a proceeding under this Part or Part 2 or 2.1, or

    • (iii) making an application or filing a complaint under this Part or Division 1 of Part 2.1 or presenting a grievance under Part 2 or Division 2 of Part 2.1.

  • (6) Paragraph 186(4)(a) of the Act is replaced by the following:

    • (a) if the employer or person is acting in accordance with this Part or Division 1 of Part 2.1, or a regulation, a collective agreement or an arbitral award; or

  • (7) Subsection 186(6) of the Act is replaced by the following:

    • Marginal note:Exception

      (6) The employer or a person does not commit an unfair labour practice under any of paragraphs (1)(a) or (b) or (2)(a) to (c) by reason only of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position or to a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer.

  •  (1) Paragraph 188(d) of the Act is replaced by the following:

    • (d) expel or suspend an employee from membership in the employee organization, or take disciplinary action against, or impose any form of penalty on, an employee by reason of that employee having exercised any right under this Part or Part 2 or 2.1 or having refused to perform an act that is contrary to this Part or Division 1 of Part 2.1; or

  • (2) Subparagraphs 188(e)(i) to (iii) of the Act are replaced by the following:

    • (i) testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part or Part 2 or 2.1,

    • (ii) made an application or filed a complaint under this Part or Division 1 of Part 2.1 or presented a grievance under Part 2 or Division 2 of Part 2.1, or

    • (iii) exercised any right under this Part or Part 2 or 2.1.

  •  (1) Paragraph 189(1)(b) of the Act is replaced by the following:

    • (b) to refrain from exercising any other right under this Part or Part 2 or 2.1.

  • (2) Subsection 189(2) of the Act is replaced by the following:

    • Marginal note:Exception

      (2) A person does not commit an unfair labour practice referred to in subsection (1) by reason of any act or thing done or omitted in relation to a person who occupies, or who is proposed to occupy, a managerial or confidential position or to a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer.

 Subsection 191(2) of the Act is replaced by the following:

  • Marginal note:Refusal to determine complaint involving collective agreement

    (2) The Board may refuse to determine a complaint made under subsection 190(1) in respect of a matter that, in the Board’s opinion, could be referred to adjudication under Part 2 or Division 2 of Part 2.1 by the complainant.

 Subparagraph 192(1)(b)(i) of the English version of the Act is replaced by the following:

  • (i) employ, continue to employ or permit to return to the duties of their employment any person whom the employer or any person acting on the employer’s behalf has refused to employ or continue to employ, has suspended, transferred, laid off, discharged for the promotion of economy and efficiency in the Royal Canadian Mounted Police or otherwise discriminated against, or discharged contrary to that paragraph,

 The Act is amended by adding the following after section 199:

Prohibition Relating to Counselling

Marginal note:Counselling in respect of peace officer duties

199.1 No employee organization and no officer or representative of an employee organization shall counsel any RCMP member or reservist not to carry out their duties as a peace officer.

 Subsection 202(3) of the Act is replaced by the following:

  • Marginal note:Employee organization

    (3) Every employee organization that contravenes section 199.1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

  • Marginal note:Prosecution of employee organization

    (4) A prosecution for an offence under any of subsections (1) to (3) may be brought against an employee organization and in the name of that organization and, for the purposes of the prosecution, the employee organization is deemed to be a person.

 Section 203 of the Act is replaced by the following:

Marginal note:Officers and representatives of employee organizations

203 Every officer or representative of an employee organization who contravenes subsection 194(1) or section 199.1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

Marginal note:2014, c. 20, par. 481(2)(f)

 The definitions employee and individual grievance in subsection 206(1) of the Act are replaced by the following:

employee

employee means a person employed in the public service, other than

  • (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act;

  • (b) a person locally engaged outside Canada;

  • (c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work;

  • (d) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

  • (e) a person employed on a casual basis;

  • (f) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more;

  • (g) a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who occupies a managerial or confidential position; or

  • (h) a person who is employed under a program designated by the employer as a student employment program. (fonctionnaire)

individual grievance

individual grievance means a grievance presented in accordance with section 208 or 238.24. (grief individuel)

 The portion of subsection 209(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Reference to adjudication
  • 209 (1) An employee who is not a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to

 Section 214 of the Act is replaced by the following:

Marginal note:Decision final and binding

214 If an individual grievance has been presented up to and including the final level in the grievance process and it is not one that under section 209 or 238.25 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Act and no further action under this Act may be taken on it.

 Paragraph 237(1)(h) of the Act is replaced by the following:

  • (h) the specification of the time within which and the persons to whom notices and other documents must be sent or given under this Part or Division 2 of Part 2.1, and when the notices are deemed to have been sent, given or received; and

 The Act is amended by adding the following after section 238:

PART 2.1Provisions Unique to the Royal Canadian Mounted Police

Interpretation

Marginal note:Definition of RCMP Commissioner
  • 238.01 (1) In this Part, RCMP Commissioner means the Commissioner of the Royal Canadian Mounted Police.

  • Marginal note:Definition of RCMP member

    (2) In Division 2 of this Part, RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act.

Marginal note:Inconsistency with Part 1 or 2
  • 238.02 (1) In the event of an inconsistency between a provision of this Part and a provision of Part 1 or 2, the provision of this Part prevails to the extent of the inconsistency.

  • Marginal note:Inconsistency — clarification

    (2) Without limiting the generality of subsection (1), section 58 and subsections 208(1) and 209(1) and (2) are inconsistent with this Part.

  • Marginal note:Clarification

    (3) For greater certainty,

    • (a) the provisions of Part 1, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary; and

    • (b) the provisions of Part 2, in so far as they are applicable, apply to employees who are RCMP members, as defined in subsection 238.01(2), or reservists unless there is an indication to the contrary.

Marginal note:Employer’s right preserved

238.03 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board to determine categories of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act.

Marginal note:Duties preserved

238.04 Nothing in this Act is to be construed as affecting any duties of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who are peace officers, or any duties of reservists who are peace officers, including duties imposed under that Act.

Unique Role as Police Organization

Marginal note:Board’s additional duty

238.05 In administering this Act and in exercising the powers and performing the duties and functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, with regulations made under it or with decisions made in respect of a matter coming before the Board, the Board must, in matters concerning RCMP members and reservists, take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members and reservists as it sees fit.

DIVISION 1Labour Relations

Adjournment of Proceedings

Marginal note:Prejudice to ongoing investigations or proceedings
  • 238.06 (1) The Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist if the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding.

  • Marginal note:Maximum period of adjournment

    (2) No adjournment may be for a period of more than 90 days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter.

Law Enforcement, Public Safety and National Security

Marginal note:Non-disclosure
  • 238.07 (1) The RCMP Commissioner may, in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the Board or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security.

  • Marginal note:Notice of objection

    (2) If the RCMP Commissioner objects to the disclosure of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the Board and to the parties.

  • Marginal note:Other provisions do not apply

    (3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the Board to require that the information be disclosed.

  • Marginal note:Former judge

    (4) If the RCMP Commissioner objects to the disclosure of information under subsection (1), the Minister must, at the written request of the Board or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.08.

  • Marginal note:Oath of secrecy

    (5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation.

  • Marginal note:Notice of appointment

    (6) The Minister must provide notice to the Board, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The Board, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit.

  • Marginal note:Former judge to have access

    (7) The former judge is to have access to the information about which an objection is made under subsection (1) for the purposes of the review.

Marginal note:Order regarding disclosure
  • 238.08 (1) Unless the former judge concludes that the disclosure of the information about which an objection is made under subsection 238.07(1) would be injurious to law enforcement, public safety or national security, the former judge must order that the RCMP Commissioner’s objection under section 238.07 to the disclosure of that information be dismissed.

  • Marginal note:Disclosure required

    (2) If the former judge concludes that the disclosure of all or part of that information would be injurious to law enforcement, public safety or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the former judge, after considering the public interest in disclosure, must order the RCMP Commissioner to disclose to the Board or to the party, as the case may be, all or that part of that information, a summary of that information or a written admission of facts relating to that information.

  • Marginal note:No disclosure required

    (3) If the former judge does not make an order under subsection (1) or order disclosure under subsection (2), they must make an order upholding the RCMP Commissioner’s objection to the disclosure.

  • Marginal note:Time limit

    (4) The order of the former judge must be made within 30 days after the day on which the period referred to in subsection 238.07(6) expires or within any longer period, not more than 60 days after the day on which the period referred to in that subsection expires, that the Minister permits.

  • Marginal note:Prohibition

    (5) The former judge must not include in their order any information that reveals information that they conclude must not be disclosed, or any information from which that information may be inferred.

  • Marginal note:Order final

    (6) The former judge’s order is final and binding.

  • Marginal note:Review

    (7) The RCMP Commissioner’s objection is not subject to review except to the extent and in the manner provided under this section.

Marginal note:Protection
  • 238.09 (1) No criminal, civil or administrative action or proceeding lies against a former judge, or any person acting on their behalf or under their direction, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the former judge under sections 238.07 and 238.08.

  • Marginal note:No summons

    (2) The former judge, or any person acting on their behalf or under their direction, is not, in respect of any matter coming to the knowledge of the former judge or that person as a result of exercising a power or performing a duty or function of the former judge, a competent or compellable witness in any proceeding other than a prosecution for an offence under this Act, the Security of Information Act or section 132 or 136 of the Criminal Code.

Marginal note:Use of information

238.1 Information about which an objection is made under subsection 238.07(1) that is disclosed by the RCMP Commissioner to the Board or to a party in connection with the matter or proceeding that gave rise to the objection may be used only in connection with that matter or proceeding.

Marginal note:Memorandum of understanding

238.11 The Chairperson and the RCMP Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting the disclosure of information referred to in subsection 238.07(1) and the protection of that information if it is disclosed.

Marginal note:Disclosure of information — other legal proceedings
  • 238.12 (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.07(1) to the Board or to a party in connection with the matter or proceeding that gave rise to the objection, the Board or that party is not to be required, in connection with any other criminal, civil or administrative action or proceeding, to give or produce evidence relating to that information.

  • Marginal note:Application

    (2) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament, other than the Access to Information Act and the Privacy Act.

  • Marginal note:Section prevails

    (3) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.3(1) of the Parliament of Canada Act.

Certification of Bargaining Agents

Marginal note:Right to apply
  • 238.13 (1) Subject to section 55, an employee organization within the meaning of paragraph (b) of the definition employee organization in subsection 2(1) that seeks to be certified as the bargaining agent for the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists may apply to the Board, in accordance with the regulations, for certification as bargaining agent for that group. The Board must notify the employer of the application without delay.

  • Marginal note:Requirements for certification

    (2) The Board may certify an employee organization referred to in subsection (1) as the bargaining agent for the group only if it determines that the employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements:

    • (a) it has as its primary mandate the representation of employees who are RCMP members;

    • (b) it is not affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and

    • (c) it is not certified as bargaining agent for any other group of employees.

  • Marginal note:Clarification

    (3) For greater certainty,

    • (a) for the purposes of subsection (2), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and

    • (b) no application is permitted to be made under section 54 in respect of employees who are RCMP members or reservists.

Marginal note:Determination of unit

238.14 If an application for certification is made under subsection 238.13(1), the Board must determine that the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists constitutes the single, national bargaining unit that is appropriate for collective bargaining.

Marginal note:Limitation

238.15 An employee organization that is certified as the bargaining agent for the bargaining unit determined under section 238.14 is not entitled to seek to be certified as bargaining agent for any other group of employees.

Marginal note:Limitation

238.16 Despite section 58, the Board does not have jurisdiction to determine that an employee who is not an RCMP member or a reservist is included in the bargaining unit determined under section 238.14.

Revocation of Certification

Marginal note:Mandate or affiliation
  • 238.17 (1) The Board must revoke the certification of an employee organization as the bargaining agent for the bargaining unit determined under section 238.14 if the Board, on application by the employer or any employee in that bargaining unit, determines that the employee organization — or, in the case of a council of employee organizations, any employee organization forming part of the council — no longer has as its primary mandate the representation of employees who are RCMP members or that it is affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers.

  • Marginal note:Clarification

    (2) For greater certainty,

    • (a) for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and

    • (b) the circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 100.

Process for Dispute Resolution

Marginal note:Arbitration

238.18 Sections 103 and 104 do not apply to disputes between the employer and the bargaining agent for the bargaining unit determined under section 238.14. The process for the resolution of those disputes is arbitration.

Restriction on Content of Collective Agreement

Marginal note:Restriction

238.19 A collective agreement that applies to the bargaining unit determined under section 238.14 must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if

Essential Services, Conciliation and Strike Votes

Marginal note:Non-application of Divisions 8, 10 and 11 of Part 1

238.2 Divisions 8, 10 and 11 of Part 1 do not apply in respect of the bargaining unit determined under section 238.14.

Arbitration

Marginal note:Arbitral award — additional factor

238.21 In addition to the factors set out in subsection 148(2), the arbitration board may, if relevant to making a determination under subsection 148(1) in regards to a collective agreement that applies to the bargaining unit determined under section 238.14, take into account the impact of the determination on the operational effectiveness of the Royal Canadian Mounted Police.

Marginal note:Arbitral award — limitations

Regulations

Marginal note:Regulations

238.23 The Governor in Council may make regulations

  • (a) prescribing the oath of secrecy referred to in subsection 238.07(5); and

  • (b) respecting the measures that are to be taken by the Board or a party to protect the information referred to in subsection 238.07(1) that the Board or the party has received from the RCMP Commissioner in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, and respecting the disclosure of that information by the Board or the party to other persons or entities.

DIVISION 2Grievances

Individual Grievances

Marginal note:Limited right to grieve

238.24 Subject to subsections 208(2) to (7), an employee who is an RCMP member is entitled to present an individual grievance only if they feel aggrieved by the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award.

Marginal note:Limited right to refer to adjudication
  • 238.25 (1) An employee who is an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction only if the grievance is related to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award.

  • Marginal note:Agreement required

    (2) Before referring an individual grievance to adjudication, the employee must obtain the approval of their bargaining agent to represent the employee in the adjudication proceedings.

Adjournment of Proceedings

Marginal note:Prejudice to ongoing investigations or proceedings
  • 238.26 (1) An adjudicator or the Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, if the adjudicator or the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding.

  • Marginal note:Maximum period of adjournment

    (2) No adjournment may be for a period of more than 90 days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter.

Law Enforcement, Public Safety and National Security

Marginal note:Non-disclosure
  • 238.27 (1) The RCMP Commissioner may, in connection with any matter or proceeding before an adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the adjudicator or the Board, as the case may be, or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security.

  • Marginal note:Notice of objection

    (2) If the RCMP Commissioner objects to the disclosure of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the adjudicator or the Board, as the case may be, and to the parties.

  • Marginal note:Other provisions do not apply

    (3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the adjudicator or the Board, as the case may be, to require that the information be disclosed.

  • Marginal note:Former judge

    (4) If the RCMP Commissioner objects to the disclosure of information under subsection (1), the Minister must, at the written request of the adjudicator or the Board, as the case may be, or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.28.

  • Marginal note:Oath of secrecy

    (5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation.

  • Marginal note:Notice of appointment

    (6) The Minister must provide notice to the adjudicator or the Board, as the case may be, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The adjudicator or the Board, as the case may be, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit.

  • Marginal note:Former judge to have access

    (7) The former judge is to have access to the information about which an objection is made under subsection (1) for the purposes of the review.

Marginal note:Order regarding disclosure
  • 238.28 (1) Unless the former judge concludes that the disclosure of the information about which an objection is made under subsection 238.27(1) would be injurious to law enforcement, public safety or national security, the former judge must order that the RCMP Commissioner’s objection under section 238.27 to the disclosure of that information be dismissed.

  • Marginal note:Disclosure required

    (2) If the former judge concludes that the disclosure of all or part of that information would be injurious to law enforcement, public safety or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the former judge, after considering the public interest in disclosure, must order the RCMP Commissioner to disclose to the adjudicator, to the Board or to the party, as the case may be, all or that part of that information, a summary of that information or a written admission of facts relating to that information.

  • Marginal note:No disclosure required

    (3) If the former judge does not make an order under subsection (1) or order disclosure under subsection (2), they must make an order upholding the RCMP Commissioner’s objection to the disclosure.

  • Marginal note:Time limit

    (4) The order of the former judge must be made within 30 days after the day on which the period referred to in subsection 238.27(6) expires or within any longer period, not more than 60 days after the day on which the period referred to in that subsection expires, that the Minister permits.

  • Marginal note:Prohibition

    (5) The former judge must not include in their order any information that reveals information that they conclude must not be disclosed, or any information from which that information may be inferred.

  • Marginal note:Order final

    (6) The former judge’s order is final and binding.

  • Marginal note:Review

    (7) The RCMP Commissioner’s objection is not subject to review except to the extent and in the manner provided under this section.

Marginal note:Protection
  • 238.29 (1) No criminal, civil or administrative action or proceeding lies against a former judge, or any person acting on their behalf or under their direction, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the former judge under sections 238.27 and 238.28.

  • Marginal note:No summons

    (2) The former judge, or any person acting on their behalf or under their direction, is not, in respect of any matter coming to the knowledge of the former judge or that person as a result of exercising a power or performing a duty or function of the former judge, a competent or compellable witness in any proceeding other than a prosecution for an offence under this Act, the Security of Information Act or section 132 or 136 of the Criminal Code.

Marginal note:Use of information

238.3 Information about which an objection is made under subsection 238.27(1) that is disclosed by the RCMP Commissioner to an adjudicator or the Board, as the case may be, or to a party in connection with the matter or proceeding that gave rise to the objection may be used only in connection with that matter or proceeding.

Marginal note:Memorandum of understanding

238.31 The Chairperson and the RCMP Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting the disclosure of information referred to in subsection 238.27(1) and the protection of that information if it is disclosed.

Marginal note:Disclosure of information — other legal proceedings
  • 238.32 (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.27(1) to an adjudicator or the Board, as the case may be, or to a party in connection with the matter or proceeding that gave rise to the objection, the adjudicator, the Board or that party is not to be required, in connection with any other criminal, civil or administrative action or proceeding, to give or produce evidence relating to that information.

  • Marginal note:Application

    (2) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament, other than the Access to Information Act and the Privacy Act.

  • Marginal note:Section prevails

    (3) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.3(1) of the Parliament of Canada Act.

Unique Role as Police Organization

Marginal note:Consideration

238.33 In considering a grievance that concerns an employee who is an RCMP member or a reservist, the adjudicator or the Board, as the case may be, must take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members and reservists as it sees fit.

Regulations

Marginal note:Regulations

238.34 The Governor in Council may make regulations

  • (a) prescribing the oath of secrecy referred to in subsection 238.27(5); and

  • (b) respecting the measures that are to be taken by an adjudicator or the Board, as the case may be, or a party to protect the information referred to in subsection 238.27(1) that the adjudicator, the Board or the party has received from the RCMP Commissioner in connection with any matter or proceeding before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, and respecting the disclosure of that information by the adjudicator, the Board or the party to other persons or entities.

  •  (1) Subparagraph 240(a)(i) of the Act is replaced by the following:

    • (i) “arbitration” is to be read as a reference to adjudication under Part 2 or Division 2 of Part 2.1,

  • (2) Subparagraph 240(a)(v) of the Act is replaced by the following:

    • (v) a “trade union” is to be read as a reference to an employee organization within the meaning of subsection 2(1) and includes, unless the context otherwise requires, a council of employee organizations within the meaning of that subsection;

2013, c. 40, s. 365Public Service Labour Relations and Employment Board Act

 The long title of the Public Service Labour Relations and Employment Board Act is replaced by the following:

An Act respecting the Federal Public Sector Labour Relations and Employment Board

 Section 1 of the Act is replaced by the following:

Marginal note:Short title

1 This Act may be cited as the Federal Public Sector Labour Relations and Employment Board Act.

 The heading “Establishment and Composition” before section 4 of the Act is replaced by the following:

Continuance and Composition

  •  (1) Subsection 4(1) of the Act is replaced by the following:

    Marginal note:Continuance of Board
    • 4 (1) The Public Service Labour Relations and Employment Board is continued under the name of the Federal Public Sector Labour Relations and Employment Board.

  • (2) Paragraph 4(2)(c) of the Act is replaced by the following:

    • (c) not more than 12 other members who are to hold office on a full-time basis; and

 Section 6 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Knowledge of police organizations

    (1.1) In preparing the list, the Chairperson must take into account the need for the Board to have two members with knowledge of police organizations.

R.S., c. R-10Royal Canadian Mounted Police Act

Marginal note:2013, c. 18, s. 21(1)
  •  (1) Subsection 31(1) of the Royal Canadian Mounted Police Act is replaced by the following:

    Marginal note:Member’s right
    • 31 (1) Subject to subsections (1.01) to (3), if a member is aggrieved by a decision, act or omission in the administration of the affairs of the Force in respect of which no other process for redress is provided by this Act, the regulations or the Commissioner’s standing orders, the member is entitled to present the grievance in writing at each of the levels, up to and including the final level, in the grievance process provided for by this Part.

  • (2) Section 31 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Limitation

      (1.01) A grievance that relates to the interpretation or application, in respect of a member, of a provision of a collective agreement or arbitral award must be presented under the Federal Public Sector Labour Relations Act.

Consequential Amendments

R.S., c. C-5Canada Evidence Act

Marginal note:2013, c. 40, s. 448

 Item 11 of the schedule to the Canada Evidence Act is replaced by the following:

  • 11 The Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act, for the purposes of a grievance process under the Federal Public Sector Labour Relations Act with respect to an employee of the Canadian Security Intelligence Service, with the exception of any information provided to the Board by the employee

R.S., c. C-23Canadian Security Intelligence Service Act

Marginal note:2013, c. 40, s. 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 Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act.

R.S., c. F-7Federal Courts Act

Marginal note:2003, c. 22, s. 262

 Paragraph 28(1)(i) of the Federal Courts Act is replaced by the following:

  • (i) the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act;

R.S., c. F-11Financial Administration Act

Marginal note:2003, c. 22, s. 8

 Subparagraph 11.1(1)(g)(i) of the Financial Administration Act is replaced by the following:

  • (i) the manner in which deputy heads in the core public administration may deal with grievances under the Federal Public Sector Labour Relations Act to which they are a party, and the manner in which they may deal with them if the grievances are referred to adjudication under subsection 209(1) or 238.25(1) of that Act, and

1985, c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

Marginal note:2013, c. 40, s. 425

 The definition Board in section 3 of the Parliamentary Employment and Staff Relations Act is replaced by the following:

Board

Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act; (Commission)

Marginal note:2013, c. 40, s. 426

 The portion of section 9 of the Act before paragraph (a) is replaced by the following:

Marginal note:Application

9 Unless otherwise provided in this Part, the provisions of the Federal Public Sector Labour Relations and Employment Board Act and the Federal Public Sector Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application,

1992, c. 33Status of the Artist Act

Marginal note:2013, c. 40, s. 466

 Paragraph 9(3)(a) of the Status of the Artist Act is replaced by the following:

  • (a) employees, within the meaning of the Federal Public Sector Labour Relations Act, including those determined to be employees by the Federal Public Sector Labour Relations and Employment Board, and members of a bargaining unit that is certified by that Board; or

2003, c. 22, ss. 12, 13Public Service Employment Act

Marginal note:2003, c. 40, s. 403(2)

 The definition Board in subsection 2(1) of the Public Service Employment Act is replaced by the following:

Board

Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act. (Commission des relations de travail et de l’emploi)

2005, c. 46Public Servants Disclosure Protection Act

Marginal note:2006, c. 9, s. 218

 Paragraph 51(a) of the Public Servants Disclosure Protection Act is replaced by the following:

  • (a) the presentation of an individual grievance under subsection 208(1) or section 238.24 of the Federal Public Sector Labour Relations Act; or

2009, c. 2, s. 394Public Sector Equitable Compensation Act

Marginal note:2013, c. 40, s. 441

 The definition Board in subsection 2(1) of the Public Sector Equitable Compensation Act is replaced by the following:

Board

Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act. (Commission)

 Section 16 of the Act is replaced by the following:

Marginal note:Collective agreement

16 The provisions of a collective agreement between an employer and a bargaining agent in relation to equitable compensation may not be inconsistent with sections 113 and 238.19 of the Federal Public Sector Labour Relations Act.

Marginal note:2013, c. 40, s. 361

 Section 17 of the Act is replaced by the following:

Marginal note:Arbitration

17 If arbitration has been chosen under subsection 104(1) of the Federal Public Sector Labour Relations Act as, or is, by reason of subsection 104(2) or section 238.18 of that Act, the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for arbitration under subsection 136(1) of that Act.

 Subsection 19(1) of the Act is replaced by the following:

Marginal note:Arbitral award
  • 19 (1) The body seized of a request for arbitration under the Federal Public Sector Labour Relations Act that includes equitable compensation matters shall, subject to sections 150 and 238.22 of that Act, make an arbitral award that sets out a plan to resolve those matters within a reasonable time.

SOR/2005-79Public Service Labour Relations Regulations

 The title of the Public Service Labour Relations Regulations is replaced by the following:

Federal Public Sector Labour Relations Regulations

Terminology

Marginal note:Replacement of Public Service Labour Relations Act — Acts
Marginal note:Replacement of Public Service Labour Relations and Employment Board Act — Acts
Marginal note:Replacement of “Public Service Labour Relations and Employment Board” — Acts
  •  (1) In the following provisions, “Public Service Labour Relations and Employment Board” is replaced by “Federal Public Sector Labour Relations and Employment Board”:

  • Marginal note:Other replacements

    (2) In the following provisions, “Public Service Labour Relations and Employment Board” and “Commission des relations de travail et de l’emploi dans la fonction publique” are replaced by “Federal Public Sector Labour Relations and Employment Board” and “Commission des relations de travail et de l’emploi dans le secteur public fédéral”, respectively:

  • Marginal note:Other references

    (3) Unless the context requires otherwise, every reference to the Public Service Labour Relations and Employment Board in any provision of an Act of Parliament other than a provision referred to in subsection (1) or (2) is to be read as a reference to the Federal Public Sector Labour Relations and Employment Board.

Marginal note:Replacement of Public Service Labour Relations Act — regulations and SOR/2005-59
Marginal note:Replacement of Public Service Labour Relations and Employment Board Act — SI/2015-102
Marginal note:Replacement of “Public Service Labour Relations and Employment Board” — SOR/86-1140
  •  (1) Forms 3, 4, 6 to 9, 11 to 14, 17 and 18 of the Parliamentary Employment and Staff Relations Regulations are amended by replacing “Public Service Labour Relations and Employment Board” with “Federal Public Sector Labour Relations and Employment Board”.

  • Marginal note:Other references

    (2) Unless the context requires otherwise, every reference to the Public Service Labour Relations and Employment Board in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament, other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations and Employment Board.

Transitional Provisions

Marginal note:Definitions
  •  (1) The following definitions apply in this section and sections 62 to 64.

    former Act

    former Act means the Public Service Labour Relations Act, as it read immediately before the coming into force of section 2. (ancienne loi)

    member

    member has the same meaning as in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre)

    reservist

    reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste)

  • Marginal note:Same meaning

    (2) Unless the context requires otherwise, words and expressions used in sections 62 to 64 have the same meaning as in subsection 2(1) of the former Act.

Marginal note:Individual grievances
  •  (1) Any individual grievance presented by a member under subsection 208(1) of the former Act, before the day on which section 238.24 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, that is not related to the interpretation or application, in respect of the member, of a provision of a collective agreement or arbitral award, is deemed never to have been presented, and any decision made in respect of such a grievance or any decision made on a review of the decision is deemed never to have had effect.

  • Marginal note:Extension of limitation period

    (2) For the purpose of presenting a grievance or taking any other process of redress under the Royal Canadian Mounted Police Act, and despite any provision of that Act, if an individual grievance has been deemed under subsection (1) never to have been presented, or if any decision on such a grievance has been deemed under that subsection never to have had effect, the member who presented the individual grievance has, if the subject matter of the grievance or other redress is the same as the subject matter of the individual grievance, 30 days from the day on which section 33 comes into force to present that grievance or to take that other process of redress.

  • Marginal note:Limitation

    (3) Subsection (2) applies only in the case of an individual grievance that, if it had been presented under the Royal Canadian Mounted Police Act or if another process of redress under that Act had been taken, would have been presented within the time established under that Act to present the grievance or take the other process of redress.

Marginal note:Existing applications for certification
  •  (1) If, before the day on which section 238.13 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, an employee organization makes an application under section 54 of the former Act to be certified as bargaining agent for a group of employees that includes employees who are members appointed to a rank, or employees who are reservists, the employee organization must not be certified as bargaining agent for the group, unless

    • (a) the group consists exclusively of all the employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, and all the employees who are reservists; and

    • (b) the employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements:

      • (i) it has as its primary mandate the representation of employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act,

      • (ii) it is not affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers, and

      • (iii) it is not certified as the bargaining agent for any other group of employees.

  • Marginal note:Clarification

    (2) For greater certainty, for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers.

  • Marginal note:Certification of no effect

    (3) If an employee organization is certified as the bargaining agent for a bargaining unit contrary to subsection (1), that decision or any decision made on a review of the decision is deemed never to have had effect.

  • Marginal note:Certification in respect of any other group

    (4) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the group described in paragraph (1)(a), any decision made before that day in respect of an application made by that employee organization to be certified as bargaining agent for any other group of employees is deemed never to have had effect.

  • Marginal note:Existing application for certification

    (5) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), on that day, the employee organization’s application for certification made under section 54 of the former Act is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act.

  • Marginal note:Existing application for certification

    (6) If, on or after the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), and the employee organization made the application for certification under section 54 of the former Act, on being so certified the employee organization’s application for certification is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act.

Marginal note:Membership in bargaining unit — members and reservists
  •  (1) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether members appointed to a rank or reservists are included in a bargaining unit, other than a bargaining unit composed of the group described in paragraph 63(1)(a), is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect.

  • Marginal note:Membership in bargaining unit — other employees

    (2) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether any employee other than a member appointed to a rank or a reservist is included in a bargaining unit composed of the group described in paragraph 63(1)(a) for which an employee organization that meets the requirements set out in paragraph 63(1)(b) is certified as the bargaining agent, is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect.

Marginal note:Published date

 As of the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act, a reference in subsections 63(1) and 64(1) and (2) to a member appointed to a rank is to be read as a reference to a member.

Coordinating Amendments

Marginal note:2009, c. 2; 2013, c. 40
  •  (1) If section 2 of this Act comes into force before a section or a subsection that is referred to in the following paragraphs, that section or subsection is amended by replacing “the Act” with “the Federal Public Sector Labour Relations Act”:

  • (2) If a section or subsection referred to in paragraph (1)(a) or (b) comes into force on the same day as section 2 of this Act, then that section or subsection is deemed to have come into force before that section 2.

Marginal note:2013, c. 18
  •  (1) The following definitions apply in this section.

    other Act

    other Act means the Act enacted by section 2 of chapter 22 of the Statutes of Canada, 2003, as amended from time to time. (autre loi)

    published date

    published date means the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act. (date publiée)

  • (2) If subsection 3(3) and section 30 of this Act come into force before the published date, then, on the published date,

    • (a) the definition RCMP member in subsection 2(1) of the other Act is replaced by the following:

      RCMP member

      RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre de la GRC)

    • (b) the portion of subsection 209(1) of the other Act before paragraph (a) is replaced by the following:

      Marginal note:Reference to adjudication
      • 209 (1) An employee who is not an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to

    • (c) section 238.01 of the other Act is replaced by the following:

      Marginal note:Definition of RCMP Commissioner

      238.01 In this Part, RCMP Commissioner means the Commissioner of the Royal Canadian Mounted Police.

    • (d) subsection 238.02(3) of the other Act is replaced by the following:

      • Marginal note:Clarification

        (3) For greater certainty, the provisions of Parts 1 and 2, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary.

  • (3) If the published date is before the day on which subsection 3(3) and section 30 of this Act come into force, or if the published date and the day on which that subsection 3(3) and section 30 come into force are the same, then, on the day on which that subsection 3(3) and section 30 come into force,

    • (a) the definition RCMP member in subsection 2(1) of the other Act is replaced by the following:

      RCMP member

      RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre de la GRC)

    • (b) the portion of subsection 209(1) of the other Act before paragraph (a) is replaced by the following:

      Marginal note:Reference to adjudication
      • 209 (1) An employee who is not an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to

    • (c) section 238.01 of the other Act is replaced by the following:

      Marginal note:Definition of RCMP Commissioner

      238.01 In this Part, RCMP Commissioner means the Commissioner of the Royal Canadian Mounted Police.

    • (d) subsection 238.02(3) of the other Act is replaced by the following:

      • Marginal note:Clarification

        (3) For greater certainty, the provisions of Parts 1 and 2, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary.

Marginal note:2013, c. 18 and c. 40
  •  (1) The following definitions apply in this section.

    other Act

    other Act means the Economic Action Plan 2013 Act, No. 2. (autre loi)

    published date

    published date means the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act. (date publiée)

  • (2) If the published date is before the day on which subsection 40(2) of this Act comes into force, and if that subsection 40(2) comes into force before the day on which section 340 of the other Act comes into force, then that section 340 is amended by replacing the subsection 40.1(3) that it enacts with the following:

    • Marginal note:Federal Public Sector Labour Relations Act — employees

      (3) A complaint must not be dealt with by the Commission under section 40 if it is made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, other than an RCMP member, as defined in subsection 2(1) of that Act, against their employer, as defined in that subsection 2(1), and it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

    • Marginal note:Federal Public Sector Labour Relations Act — RCMP members

      (3.1) A complaint made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, who is an RCMP member, as defined in subsection 2(1) of that Act, against their employer, as defined in that subsection 2(1), or a complaint made by the bargaining agent for the bargaining unit determined under section 238.14 of that Act, must not be dealt with by the Commission under section 40 if it relates to the interpretation or application, in respect of the employee or of the members of the bargaining unit, as the case may be, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

  • (3) If the day on which subsection 40(2) of this Act comes into force and the published date are the same, and that day and date are before the day on which section 340 of the other Act comes into force, then that section 340 is amended by replacing the subsection 40.1(3) that it enacts with the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

  • (4) If subsection 40(2) of this Act comes into force before the published date, and if the published date is before the day on which section 340 of the other Act comes into force, then that section 340 is amended by replacing the subsection 40.1(3) that it enacts with the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

  • (5) If subsection 40(2) of this Act comes into force before section 340 of the other Act, and if that section 340 comes into force before the published date, then

    • (a) subsection 40.1(3) of the Canadian Human Rights Act is replaced by the following:

      • Marginal note:Federal Public Sector Labour Relations Act — employees

        (3) A complaint must not be dealt with by the Commission under section 40 if it is made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, other than an RCMP member, as defined in subsection 238.01(2) of that Act, against their employer, as defined in subsection 2(1) of that Act, and it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

      • Marginal note:Federal Public Sector Labour Relations Act — RCMP members

        (3.1) A complaint made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, who is an RCMP member, as defined in subsection 238.01(2) of that Act, against their employer, as defined in subsection 2(1) of that Act, or a complaint made by the bargaining agent for the bargaining unit determined under section 238.14 of that Act, must not be dealt with by the Commission under section 40 if it relates to the interpretation or application, in respect of the employee or of the members of the bargaining unit, as the case may be, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

    • (b) on the published date, subsections 40.1(3) and (3.1) of the Canadian Human Rights Act are replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

  • (6) If the day on which section 340 of the other Act comes into force and the published date are the same, and that day and date are after the day on which subsection 40(2) of this Act comes into force, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

  • (7) If section 340 of the other Act comes into force before subsection 40(2) of this Act, and if that subsection 40(2) comes into force before the published date, then

    • (a) subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in paragraph (5)(a) of this section;

    • (b) on the published date, subsections 40.1(3) and (3.1) of the Canadian Human Rights Act are replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

  • (8) If subsection 40(2) of this Act comes into force on the same day as section 340 of the other Act, and if that day is before the published date, then that section 340 is deemed to have come into force before that subsection 40(2) and subsection (7) applies as a consequence.

  • (9) If the published date and the day on which section 340 of the other Act comes into force are both before the day on which subsection 40(2) of this Act comes into force, then, on the day on which that subsection 40(2) comes into force, subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

  • (10) If subsection 40(2) of this Act comes into force on the same day as section 340 of the other Act, and if that day is after the published date, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

  • (11) If the day on which subsection 40(2) of this Act comes into force and the published date are the same, and if that day and date are after the day on which section 340 of the other Act comes into force, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

  • (12) If the day on which subsection 40(2) of this Act comes into force, the day on which section 340 of the other Act comes into force and the published date are all the same, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

Marginal note:2013, c. 40
  •  (1) The following definitions apply in this section.

    first Act

    first Act means the Economic Action Plan 2013 Act, No. 2. (première loi)

    second Act

    second Act means the Act enacted by section 2 of chapter 22 of the Statutes of Canada, 2003, as amended from time to time. (deuxième loi)

  • (2) On the first day on which all of subsections 325(2) and (3) of the first Act and sections 33 and 49 of this Act are in force,

    • (a) subsection 238.02(2) of the second Act is replaced by the following:

      • Marginal note:Inconsistency — clarification

        (2) Without limiting the generality of subsection (1), section 58, subsections 208(1) and (8) and 209(1) and (2) and section 235 are inconsistent with this Part.

    • (b) section 238.24 of the second Act is replaced by the following:

      Marginal note:Limited right to grieve
      • 238.24 (1) Subject to subsection (2) and subsections 208(2) and (3) and (5) to (7), an employee who is an RCMP member is entitled to present an individual grievance only if they feel aggrieved by the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award.

      • Marginal note:Agreement required

        (2) Despite subsection 208(4), an employee who is an RCMP member and who is included in a bargaining unit may present an individual grievance only if they have the approval of and are represented by the bargaining agent for the bargaining unit, unless the grievance relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.

      • Marginal note:Discriminatory practices

        (3) In the case of an employee referred to in subsection (2), an individual grievance that relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act must be presented at the first level in the grievance process within one year after the last of the acts or omissions that gave rise to the grievance, or any longer period that the Board considers appropriate in the circumstances.

    • (c) paragraph 51(a) of the Public Servants Disclosure Protection Act is replaced by the following:

      • (a) the presentation of an individual grievance under subsection 208(1) or 238.24(1) of the Federal Public Sector Labour Relations Act; or

  • (3) On the first day on which both subsection 326(1) of the first Act and section 33 of this Act are in force, section 238.25 of the second Act is replaced by the following:

    Marginal note:Limited right to refer to adjudication
    • 238.25 (1) An employee who is an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction only if the grievance is related to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award, whether or not it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.

    • Marginal note:Agreement required

      (2) An employee who is an RCMP member and who is included in a bargaining unit may refer an individual grievance to adjudication only if the bargaining agent for the bargaining unit has agreed to represent the employee in the adjudication proceedings, unless the grievance relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.

  • (4) On the first day on which both section 335 of the first Act and section 33 of this Act are in force, the second Act is amended by adding the following after section 238.25:

    Marginal note:Expenses
    • 238.251 (1) Subject to subsection (2), if an individual grievance is referred to adjudication by an aggrieved employee who is an RCMP member, 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:Discriminatory practices

      (2) If an individual grievance that alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act is referred to adjudication by an aggrieved employee who is an RCMP member, the expenses of the adjudication are to be borne by the Board.

    • Marginal note:Recovery

      (3) 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

      (4) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.

  • (5) If subsection 467(5) or (7) of the first Act has not produced its effects before the day on which section 2 of this Act comes into force, that subsection is amended by replacing “Public Service Labour Relations Act” with “Federal Public Sector Labour Relations Act”.

  • (6) If subsection 467(5) or (7) of the first Act produces its effects on the day on which section 2 of this Act comes into force, then that subsection is deemed to have produced its effects before the day on which that section 2 comes into force.

  • (7) If paragraph 469(2)(b) of the first Act has not produced its effects before the day on which section 5 of this Act comes into force, then that paragraph is replaced by the following:

    • (b) on the day on which the Public Sector Equitable Compensation Act comes into force, sections 13 and 14 of the second Act are replaced by the following:

      Marginal note:Adjudication services

      13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act.

      Marginal note:Mediation services

      14 The Board is to provide mediation services that consist of

      • (a) assisting parties in the negotiation of collective agreements and their renewal;

      • (b) assisting parties in the management of the relations resulting from the implementation of collective agreements;

      • (c) mediating in relation to grievances; and

      • (d) assisting the Chairperson in discharging his or her responsibilities under this Act.

      The Board is also to provide mediation services in accordance with the Public Sector Equitable Compensation Act.

  • (8) If paragraph 469(2)(b) of the first Act produces its effects on the day on which section 5 of this Act comes into force, then section 13 of the second Act is replaced by the following:

    Marginal note:Adjudication services

    13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act.

  • (9) If paragraph 469(9)(b) of the first Act has not produced its effects before the day on which section 36 of this Act comes into force, that paragraph is amended by replacing “Public Service Labour Relations and Employment Board Act, as enacted by section 365 of this Act,” with “Federal Public Sector Labour Relations and Employment Board Act”.

  • (10) If paragraph 469(9)(b) of the first Act produces its effects on the day on which section 36 of this Act comes into force, then that paragraph is deemed to have produced its effects before that coming into force.

Marginal note:Bill C-4
  •  (1) Subsections (2) to (4) apply if Bill C-4, introduced in the 1st Session of the 42nd Parliament and entitled “An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act” (in this section referred to as the other Act) receives royal assent.

  • (2) If section 8 of the other Act comes into force before section 10 of this Act, then that section 10 is repealed.

  • (3) If section 10 of this Act comes into force before section 8 of the other Act, that section 8 and the heading before it are replaced by the following:

    Marginal note:2003, c. 22, s. 2
    Federal Public Sector Labour Relations Act

    8 Subsections 64(1) and (1.1) of the Federal Public Sector Labour Relations Act are replaced by the following:

    Marginal note:Conditions for certification
    • 64 (1) After having determined the unit appropriate for collective bargaining, the Board must certify the applicant employee organization as the bargaining agent for the bargaining unit if the Board is satisfied

      • (a) that a majority of employees in that bargaining unit wish the applicant employee organization to represent them as their bargaining agent;

      • (b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and

      • (c) if the applicant is a council of employee organizations, that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.

  • (4) If section 8 of the other Act comes into force on the same day as section 10 of this Act, then that section 10 is deemed never to have come into force, and is repealed.

Marginal note:Bill C-5
  •  (1) Subsections (2) and (3) apply if Bill C-5, introduced in the 1st Session of the 42nd Parliament and entitled “An Act to repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1” (in this section referred to as the other Act) receives royal assent.

  • (2) If section 1 of the other Act comes into force before section 2 of this Act, then paragraph 57(1)(s) of this Act is repealed.

  • (3) If section 1 of the other Act comes into force on the same day as section 2 of this Act, then paragraph 57(1)(s) of this Act is deemed never to have come into force, and is repealed.

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