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)

• 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.

• (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,

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.

• 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.

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.

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)

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

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.

• (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

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

• (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; or

• (b) the term or condition is one that has been or may be established under the Royal Canadian Mounted Police Superannuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act.

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

• 238.22 (1) The arbitral award 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

  • (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition;

  • (b) the term or condition is one that has been or may be established under the Royal Canadian Mounted Police Superannuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act; or

  • (c) doing so would affect either of the following:

    • (i) the organization of the public service, the categories of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or the assignment of duties to, and the classification of, positions and persons employed in the public service, or

    • (ii) 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:Clarification

  (2) For greater certainty, subsection 150(2) applies in respect of the arbitral award.

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.