Parliamentary Employment and Staff Relations Act

Marginal note:Authority of Board to make regulations

• 12 (1) The Board may make regulations of general application respecting

  • (a) the manner in which persons shall be designated by an employer, or by the Board on objection thereto by a bargaining agent, to be persons described in subparagraphs (c)(i) to (v) of the definition person employed in a managerial or confidential capacity in section 3;

  • (b) the determination of units of employees appropriate for collective bargaining;

  • (c) the certification of bargaining agents for bargaining units;

  • (d) the hearing or determination of any matter relating to or arising out of the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee notwithstanding the revocation;

  • (e) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or any employee included in the unit where there is any merger, amalgamation or transfer of jurisdiction between two or more such organizations;

  • (f) the establishment of rules of procedure for its hearings and those of an adjudicator;

  • (g) the specification of the time within which and the persons to whom notices and other documents shall be sent and when the notices shall be deemed to have been given and received;

  • (h) the determination of the form in which, and the time as of which, evidence

    • (i) as to membership of employees in an employee organization,

    • (ii) of objection by employees to certification of an employee organization, or

    • (iii) of signification by employees that they no longer wish to be represented by an employee organization

    shall be presented to the Board on an application for certification of or for revocation of certification of a bargaining agent, and the circumstances in which evidence as to membership of employees in an employee organization may be received by the Board as evidence that the employees wish that employee organization to represent them as their bargaining agent;

  • (i) the hearing of complaints under section 13;

  • (j) the authority vested in a council of employee organizations that shall be considered appropriate authority within the meaning of paragraph 19(2)(b); and

  • (k) such other matters and things as may be incidental or conducive to the objects and purposes of the Board, the exercise of its powers and the attainment of the purpose of this Part.

• Marginal note:When regulations effective

  (2) Regulations of general application made under subsection (1) have effect on publication in the Canada Gazette.