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”.

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

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

2 Section 1 of the Act is replaced by the following:

Marginal note:2013, c. 40, s. 366(1)

• 3 (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:

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

• (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.

4 The definition National Joint Council in subsection 4(1) of the Act is repealed.

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

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

5 Section 13 of the Act is replaced by the following:

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

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

7 Section 54 of the Act is replaced by the following:

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

• 9 (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

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

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

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

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

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

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

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

16 Section 114 of the Act is replaced by the following:

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

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

19 Section 154 of the Act is replaced by the following:

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

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

• 21 (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.

• 22 (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.

• 23 (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.

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

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

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

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

28 Section 203 of the Act is replaced by the following:

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

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

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

31 Section 214 of the Act is replaced by the following:

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

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

• 34 (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

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

36 Section 1 of the Act is replaced by the following:

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

• 38 (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

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

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

Marginal note:2013, c. 18, s. 21(1)

• 40 (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

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

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

Marginal note:2013, c. 40, s. 449

42 Subsection 8(3) of the Canadian Security Intelligence Service Act is replaced by the following:

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

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

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

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

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

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

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

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

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

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

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

1992, c. 33Status of the Artist Act

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

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

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

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

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

2005, c. 46Public Servants Disclosure Protection Act

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

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

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

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

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

51 Section 16 of the Act is replaced by the following:

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

52 Section 17 of the Act is replaced by the following:

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

SOR/2005-79Public Service Labour Relations Regulations

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

Terminology

Marginal note:Replacement of Public Service Labour Relations Act — Acts

• 55 (1) In the following provisions, “Public Service Labour Relations Act” is replaced by “Federal Public Sector Labour Relations Act”:

  • (a) in the Canadian Security Intelligence Service Act,

    • (i) subsection 8(2),

    • (ii) the portion of subsection 9(1) before paragraph (a), and

    • (iii) subsection 41(2);

  • (b) subsection 66(6) of the Copyright Act;

  • (c) paragraph 28(1)(i.1) of the Federal Courts Act;

  • (d) in the Canada Labour Code,

    • (i) paragraph 47(1)(b),

    • (ii) paragraphs 47.1(a) and (b), and

    • (iii) subsection 123(2);

  • (e) in the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act,

    • (i) the definition Public Service of Canada in subsection 11(2), and

    • (ii) subsection 25(5);

  • (f) in the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act,

    • (i) the definition Public Service of Canada in subsection 11(1), and

    • (ii) subsection 26(5);

  • (g) subsection 16(3) of the Canadian Space Agency Act;

  • (h) in the Canada School of Public Service Act,

    • (i) the definition public service in section 2, and

    • (ii) subsection 15(3);

  • (i) the definition public service in subsection 2(1) of the Civil Air Navigation Services Commercialization Act;

  • (j) section 12 of the Canadian Food Inspection Agency Act;

  • (k) section 138 of the Canada Marine Act;

  • (l) in the Parks Canada Agency Act,

    • (i) subsection 13(2), and

    • (ii) section 15;

  • (m) section 50 of the Canada Revenue Agency Act;

  • (n) section 18 of the Canadian Institutes of Health Research Act;

  • (o) subsection 49(2) and paragraph 49(3)(c) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

  • (p) in the Public Service Employment Act,

    • (i) section 14, and

    • (ii) paragraph 27(a);

  • (q) in the Public Sector Equitable Compensation Act,

    • (i) the definition collective agreement in subsection 2(1),

    • (ii) section 18,

    • (iii) sections 20 and 21,

    • (iv) subsection 25(1),

    • (v) subsection 33(6),

    • (vi) subsections 39(2) and (4), and

    • (vii) section 45;

  • (r) in the Public Service Labour Relations and Employment Board Act,

    • (i) the definitions bargaining agent and employer in section 2, and

    • (ii) paragraph 5(1)(c); and

  • (s) in the Economic Action Plan 2015 Act, No. 1,

    • (i) the definition employee in subsection 253(1),

    • (ii) subsection 253(2),

    • (iii) subsection 254(1),

    • (iv) section 257,

    • (v) subsection 260(1),

    • (vi) paragraph 262(1)(b),

    • (vii) section 267,

    • (viii) paragraph 268(1)(b), and

    • (ix) sections 270 and 271.

• Marginal note:Other references

  (2) Unless the context requires otherwise, every reference to the Public Service Labour Relations Act in any provision of 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 Act.

Marginal note:Replacement of Public Service Labour Relations and Employment Board Act — Acts

• 56 (1) In the following provisions, “Public Service Labour Relations and Employment Board Act” is replaced by “Federal Public Sector Labour Relations and Employment Board Act”:

  • (a) in the Parliamentary Employment and Staff Relations Act,

    • (i) subsection 49(3),

    • (ii) paragraph 66(4)(a), and

    • (iii) section 66.1;

  • (b) in the Public Service Labour Relations Act,

    • (i) paragraph 2(3)(a),

    • (ii) subsections 147(1) and (2),

    • (iii) subsections 174(1) and (2),

    • (iv) subsection 226(1),

    • (v) section 233, and

    • (vi) subsection 234(2); and

  • (c) subsection 103(2) of the Public Service Employment Act.

• Marginal note:Other references

  (2) Unless the context requires otherwise, every reference to the Public Service Labour Relations and Employment Board Act in any provision of 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 Act.

Marginal note:Replacement of “Public Service Labour Relations and Employment Board” — Acts

• 57 (1) In the following provisions, “Public Service Labour Relations and Employment Board” is replaced by “Federal Public Sector Labour Relations and Employment Board”:

  • (a) the heading of Division I of Part I of the Parliamentary Employment and Staff Relations Act;

  • (b) in the Public Service Labour Relations Act,

    • (i) the heading of Division 4 of Part 1, and

    • (ii) subparagraph 240(a)(ii) and paragraphs 240(b) and (c);

  • (c) the heading of Part 6 of the Public Service Employment Act;

  • (d) the heading “Public Service Labour Relations and Employment Board” before section 25 of the Public Sector Equitable Compensation Act; and

  • (e) in the Public Service Labour Relations and Employment Board Act,

    • (i) the heading “Public Service Labour Relations and Employment Board” before section 4, and

    • (ii) the oath or solemn affirmation in section 9.

• 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:

  • (a) Part II of Schedule I to the Public Service Superannuation Act;

  • (b) Schedule I to the Public Sector Compensation Act, under the heading “Other Portions of the Public Service”; and

  • (c) the schedule to the Administrative Tribunals Support Service of Canada Act.

• 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

• 58 (1) In the following provisions, “Public Service Labour Relations Act” is replaced by “Federal Public Sector Labour Relations Act”:

  • (a) the definition Act in section 1 of the Public Service Labour Relations Regulations;

  • (b) in the Public Service Labour Relations Act Separate Agency Designation Order,

    • (i) the title, and

    • (ii) section 1;

  • (c) section 80 of the Northwest Territories Mining Regulations; and

  • (d) section 80 of the Nunavut Mining Regulations.

• Marginal note:Replacement of “that Act” — SI/2005-17

  (2) The Order Designating the Minister of Canadian Heritage as Minister for Purposes of the Act is amended by replacing “that Act” with “Federal Public Sector Labour Relations Act”.

• Marginal note:Other references

  (3) Unless the context requires otherwise, every reference to the Public Service Labour Relations Act 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 Act.

Marginal note:Replacement of Public Service Labour Relations and Employment Board Act — SI/2015-102

• 59 (1) Paragraph (b) of the Order Designating the Minister of Public Works and Government Services to be the Minister referred to in the Act is amended by replacing “Public Service Labour Relations and Employment Board Act” with “Federal Public Sector Labour Relations and Employment Board Act”.

• Marginal note:Other references — regulations

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

Marginal note:Replacement of “Public Service Labour Relations and Employment Board” — SOR/86-1140

• 60 (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

• 61 (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

• 62 (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

• 63 (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

• 64 (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

65 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

• 66 (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”:

  • (a) sections 401 to 404 of the Budget Implementation Act, 2009; and

  • (b) in the Economic Action Plan 2013 Act, No. 2,

    • (i) subsection 307(2),

    • (ii) subsection 316(2),

    • (iii) subsections 325(1) to (3),

    • (iv) subsections 326(1) and (2),

    • (v) sections 327 to 332,

    • (vi) sections 334 and 335, and

    • (vii) subsections 336(1) and (2).

• (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

• 67 (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

• 68 (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

• 69 (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

• 70 (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

• 71 (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.