An Act to amend the Federal Public Sector Labour Relations Act and other Acts (S.C. 2018, c. 24)

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: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: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: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: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: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: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: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: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.

• (f) the employer, a bargaining agent or an employee has failed to comply with section 132 (duty to observe terms and conditions); or