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)

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.