An Act to amend the Federal Public Sector Labour Relations Act and other Acts (S.C. 2018, c. 24)
Full Document:
Assented to 2018-11-26
2003, c. 22, s. 2; 2017, c. 9, s. 2Federal Public Sector Labour Relations Act (continued)
Amendments to the Act (continued)
Marginal note:2013, c. 40, s. 307
10 Section 148 of the Act is replaced by the following:
Marginal note:Factors to be considered
148 In the conduct of its proceedings and in making an arbitral award, the arbitration board must take into account the following factors, in addition to any other factors that it considers relevant:
(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians;
(b) the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the arbitration board considers relevant;
(c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;
(d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances.
Marginal note:2013, c. 40, s. 309
11 Subsections 149(1) and (1.1) of the Act are replaced by the following:
Marginal note:Making of arbitral award
149 (1) The arbitration board must make an arbitral award as soon as feasible in respect of all the matters in dispute that are referred to it.
Marginal note:2013, c. 40, s. 310; 2017, c. 9, s. 20
12 Section 158.1 of the Act and the heading before it are repealed.
Marginal note:2013, c. 40, s. 312
13 Subsection 164(1) of the Act is replaced by the following:
Marginal note:Constitution
164 (1) The public interest commission consists of either a single member appointed in accordance with section 166 or, subject to subsection (2), three members, appointed in accordance with section 167.
Marginal note:2013, c. 40, s. 313
14 Section 165 of the Act is replaced by the following:
Marginal note:List
165 (1) For the purposes of sections 166 and 167, the Chairperson must, after consultation with the parties, prepare a list of names of persons who could be selected to act as a public interest commission that consists of a single member, or as the chairperson of a public interest commission that consists of three members.
Marginal note:Contents
(2) The list must set out
(a) the names of all eligible persons jointly recommended by the parties; and
(b) if the Chairperson is of the opinion that the parties have not jointly recommended a sufficient number of persons, the names of any other eligible persons whom the Chairperson considers suitable.
Marginal note:Commission with single member
166 (1) If the public interest commission is to consist of a single member, the Chairperson must submit to the Minister the list prepared under subsection 165(1). The Chairperson may, at his or her discretion, also recommend the appointment of a particular person named in the list.
Marginal note:Appointment
(2) After receiving the list, the Minister must, without delay, appoint a person named in the list.
Marginal note:2013, c. 40, s. 314
15 Subsections 167(3) to (5) of the Act are replaced by the following:
Marginal note:Appointment of chairperson nominated by parties
(3) Within five days after the day on which the second member is appointed, the two members must nominate to be chairperson and third member of the public interest commission a person from the list prepared under subsection 165(1), and the Chairperson must recommend to the Minister the appointment of that person. The Minister must appoint the person without delay as chairperson and third member of the commission.
Marginal note:Failure to nominate
(4) If the two members fail to make a nomination under subsection (3), the Chairperson must, without delay, submit to the Minister the list prepared under subsection 165(1). The Chairperson may, at his or her discretion, also recommend to the Minister the appointment of a particular person named in the list as the chairperson and third member of the public interest commission.
Marginal note:Appointment
(5) After receiving the list, the Minister must, without delay, appoint a person named in the list as the chairperson and third member of the public interest commission.
Marginal note:2013, c. 40, s. 315
16 Subsection 170(1) of the Act is replaced by the following:
Marginal note:Death, incapacity or resignation of single member
170 (1) In the event of the death, incapacity or resignation of the member of a public interest commission that consists of a single member before the commission makes a report to the Chairperson, the Chairperson must recommend to the Minister the appointment of another person from the list submitted under section 166 and the Minister must, without delay, appoint that person or another person on the list. That person must recommence the conciliation proceedings from the beginning.
Marginal note:2013, c. 40, s. 316(1)
17 Section 175 of the Act is replaced by the following:
Marginal note:Factors to be considered
175 In the conduct of its proceedings and in making a report to the Chairperson, the public interest commission must take into account the following factors, in addition to any other factors that it considers relevant:
(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians;
(b) the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the public interest commission considers relevant;
(c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;
(d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances.
Marginal note:2013, c. 40, s. 317
18 Subsections 176(1.1) and (1.2) of the Act are repealed.
Marginal note:2013, c. 40, s. 318
19 Section 179 of the Act is replaced by the following:
Marginal note:Reconsideration of matters contained in report
179 The Chairperson may direct the public interest commission to reconsider and clarify or amplify its report or any part of the report.
Marginal note:2013, c. 40, s. 319(1)
20 Subsection 182(1) of the Act is replaced by the following:
Marginal note:Alternate dispute resolution process
182 (1) Despite any other provision of this Part, the employer and the bargaining agent for a bargaining unit may, at any time in the negotiation of a collective agreement, agree to refer any term or condition of employment of employees in the bargaining unit that may be included in a collective agreement to any eligible person for final and binding determination by whatever process the employer and the bargaining agent agree to.
Marginal note:2013, c. 40, s. 320
21 Paragraph 190(1)(f) of the Act is replaced by the following:
(f) the employer, a bargaining agent or an employee has failed to comply with section 132 (duty to observe terms and conditions); or
Marginal note:2013, c. 40, s. 321
22 Paragraph 192(1)(a) of the Act is replaced by the following:
(a) if the employer has failed to comply with section 107 or 132, an order requiring the employer to pay to any employee compensation that is not more than the amount that, in the Board’s opinion, is equivalent to the remuneration that would, but for that failure, have been paid by the employer to the employee;
Marginal note:2013, c. 40, s. 322(2)
23 (1) Paragraph 194(1)(f) of the Act is replaced by the following:
(f) the process for resolution of a dispute applicable to the bargaining unit is conciliation and a notice to enter into an essential services agreement has been given under section 122 by the employer or the employee organization, as bargaining agent for the bargaining unit, and no essential services agreement is in force in respect of the bargaining unit;
(g) the process for resolution of a dispute in respect of the bargaining unit is conciliation and a notice to amend an essential services agreement has been given under section 126 by the employer or the employee organization, as bargaining agent for the bargaining unit, and
(i) the essential services agreement has not been amended as a result of that notice, or
(ii) if an application referred to in subsection 127(1) was made by the employer or the employee organization, the application has not been finally disposed of by the Board;
(h) the process for resolution of a dispute in respect of the bargaining unit is conciliation and less than 30 clear days have elapsed since
(i) the date an essential services agreement came into force in respect of the bargaining unit, or
(ii) the date an application referred to in subsection 123(1) made by the employer or the employee organization as bargaining agent for the bargaining unit was finally disposed of by the Board, if such an application was made;
(i) the process for resolution of a dispute in respect of the bargaining unit is conciliation and the employer or the employee organization, as bargaining agent for the bargaining unit, has given a notice to amend an essential services agreement and less than 30 clear days have elapsed since
(i) the date of the coming into force of the amendment to the essential services agreement as a result of that notice, or
(ii) the date the application referred to in subsection 127(1) made by the employer or the employee organization was finally disposed of by the Board, if such an application was made;
(j) an essential services agreement binding on the employee organization and the employer has been suspended by order under section 131;
Marginal note:2013, c. 40, s. 322(4)
(2) Subsection 194(2) of the Act is replaced by the following:
Marginal note:Essential services
(2) No employee organization shall declare or authorize a strike the effect of which is or would be to involve the participation of any employee who occupies a position that is necessary under an essential services agreement for the employer to provide essential services, and no officer or representative of an employee organization shall counsel or procure the participation of those employees in a strike.
Marginal note:2013, c. 40, s. 323(2)
24 Paragraphs 196(f) and (g) of the Act are replaced by the following:
(f) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to enter into an essential services agreement has been given under section 122 by the employer or the bargaining agent for the bargaining unit, and no essential services agreement is in force in respect of the bargaining unit;
(g) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to amend an essential services agreement has been given under section 126 by the employer or the bargaining agent for the bargaining unit, and
(i) the essential services agreement has not been amended as a result of that notice, or
(ii) if an application referred to in subsection 127(1) was made by the employer or the bargaining agent, the application has not been finally disposed of by the Board;
(h) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and less than 30 clear days have elapsed since
(i) the date an essential services agreement came into force in respect of the bargaining unit, or
(ii) the date an application referred to in subsection 123(1) made by the employer or the bargaining agent for the bargaining unit was finally disposed of by the Board, if such an application was made;
(i) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which the employer or the bargaining agent for the bargaining unit has given a notice to amend an essential services agreement and less than 30 clear days have elapsed since
(i) the date of the coming into force of the amendment to the essential services agreement as a result of that notice, or
(ii) the date the application referred to in subsection 127(1) made by the employer or the employee organization was finally disposed of by the Board, if such an application was made;
(j) occupies a position that is necessary under an essential services agreement for the employer to provide essential services;
(k) is included in a bargaining unit in respect of which an essential services agreement binding on the bargaining agent for the bargaining unit and the employer has been suspended by order under section 131;
Marginal note:2013, c. 40, s. 324
25 Section 199 of the Act is replaced by the following:
Marginal note:Obstruction
199 No person shall impede or prevent or attempt to impede or prevent an employee from entering or leaving the employee’s place of work if the employee occupies a position that is necessary under an essential services agreement for the employer to provide essential services.
Marginal note:2017, c. 9, s. 33
26 Section 238.21 of the Act is replaced by the following:
Marginal note:Arbitral award — additional factor
238.21 In addition to the factors set out in section 148, the arbitration board may, if relevant to making a determination under that section 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.
Transitional Provisions
Marginal note:Definitions
27 (1) The following definitions apply in this section.
- commencement day
commencement day means the day on which this Act receives royal assent. (date de référence)
- the Act
the Act means the Federal Public Sector Labour Relations Act. (Loi)
Marginal note:Words and expressions
(2) Unless the context requires otherwise, words and expressions used in this section have the same meaning as in the Act.
(3) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has filed a notice to bargain and neither party has requested arbitration by a notice made under subsection 136(1) of the Act or conciliation by a request made under subsection 162(1) of the Act, the provisions of the Act, as amended from time to time on or after the commencement day, apply.
(4) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain collectively and either party has requested arbitration by a notice made under subsection 136(1) of the Act and no proceedings referred to in subsection 146(1) of the Act have taken place before the commencement day, the provisions of the Act, as amended from time to time on or after the commencement day, apply.
(5) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain collectively and either party has requested conciliation by request made under subsection 162(1) of the Act and no proceedings referred to in subsection 173(1) of the Act have taken place before the commencement day, the provisions of the Act, as amended from time to time on or after the commencement day, apply.
(6) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain and either party has requested arbitration by a notice made under subsection 136(1) of the Act and any proceedings referred to in subsection 146(1) of the Act have taken place before the commencement day, the provisions of the Act, as they read immediately before the commencement day, apply.
(7) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain and either party has requested conciliation by request made under subsection 162(1) of the Act and any proceedings referred to in subsection 173(1) of the Act have taken place before the commencement day, the provisions of the Act, as they read immediately before the commencement day, together with subsection 194(2) of the Act, as amended by subsection 23(2) of this Act, apply.
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