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

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. 321

 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)

  •  (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)

 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

 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

 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

  •  (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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