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):