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: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.