Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )

Marginal note:Powers of Board

84 Where the Board finds a complaint under section 83 to be substantiated, it may

• (a) order the Commission or the deputy head to revoke the appointment made as a result of the implementation of the corrective action, or not to make the appointment, as the case may be; and

• (b) give the Commission or the deputy head any directions that it considers appropriate with respect to the implementation of the corrective action.

Marginal note:Right to be heard

85 In the consideration of a complaint made under section 83, the persons entitled to be heard by the Board are the persons entitled to make a complaint under that section in respect of the corrective action, the person appointed or proposed for appointment as a result of the corrective action, the deputy head and the Commission, or their representatives.

Marginal note:Appointment to other position

86 Where the appointment of a person is revoked pursuant to subsection 81(1), the Commission may appoint that person to another position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a).

Marginal note:No right to complain

87 No complaint may be made under section 77 in respect of an appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 39.1 (priority — members of the Canadian Forces) or 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Board order) or under any regulations made under paragraph 22(2)(a).

PART 6Federal Public Sector Labour Relations and Employment Board

Powers, Duties and Functions

Marginal note:Complaints

88 The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77 and 83.

Marginal note:Powers

89 Subject to any limitations that the Governor in Council may establish in the interests of defence or security, the Board has, in relation to a complaint, the power to enter any premises of an employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliances or articles in the premises and require any person in the premises to answer all questions relating to the complaint.

90 [Repealed, 2013, c. 40, s. 405]

91 [Repealed, 2013, c. 40, s. 405]

92 [Repealed, 2013, c. 40, s. 405]

93 [Repealed, 2013, c. 40, s. 405]

94 [Repealed, 2013, c. 40, s. 405]

95 [Repealed, 2013, c. 40, s. 405]

96 [Repealed, 2013, c. 40, s. 405]

Mediation Services

Marginal note:Mediation services

• 97 (1) The Board may provide mediation services at any stage of a proceeding in order to resolve a complaint.

• Marginal note:Member as mediator

  (2) The provision of mediation services by a member at any stage of hearing a complaint does not prevent that member from continuing to hear the complaint with respect to any issues that have not been resolved, unless the Commission or any person entitled to be heard objects to that member continuing.

98 [Repealed, 2013, c. 40, s. 407]

99 [Repealed, 2013, c. 40, s. 407]

100 [Repealed, 2013, c. 40, s. 407]

101 [Repealed, 2013, c. 40, s. 407]

102 [Repealed, 2013, c. 40, s. 407]

Complaint Procedure

Marginal note:Filing of order in Federal Court

• 103 (1) The Board must, on the request in writing of the Commission or any person to whom an order of the Board applies, file a certified copy of the order in the Federal Court unless, in the Board’s opinion

  • (a) there is no indication, or likelihood, of failure to comply with the order; or

  • (b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.

• Marginal note:Non-application

  (2) Section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1).

• Marginal note:Effect of filing

  (3) An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.

Marginal note:Copy of decision provided

103.1 The Board shall render a decision on a complaint made under subsection 65(1) or section 74, 77 or 83 and provide a copy of it  —  including any written reasons  —  and any accompanying order to the Commission and to each person who exercised the right to be heard on the complaint.

General

Marginal note:Certain persons not compellable as witnesses

104 Persons providing mediation services under this Part are not competent or compellable to appear as witnesses in any civil action, suit or other proceeding respecting information obtained in the discharge of their functions under this Part.

Marginal note:Notes and drafts not to be disclosed

105 None of the following may be disclosed without the consent of the person who made them:

• (a) [Repealed, 2013, c. 40, s. 408]

• (b) notes of any person providing mediation services under this Part.

106 [Repealed, 2013, c. 40, s. 409]

107 [Repealed, 2013, c. 40, s. 409]

108 [Repealed, 2013, c. 40, s. 409]

Regulations

Marginal note:Regulations of Board

109 The Board may make regulations respecting

• (a) the manner in which and the time within which a complaint may be made under subsection 65(1) or section 74, 77 or 83;

• (b) and (c) [Repealed, 2013, c. 40, s. 411]

• (d) the manner of giving notice of an issue to the Canadian Human Rights Commission under subsection 65(5) or section 78;

• (d.1) the manner of giving notice of an issue to the Accessibility Commissioner under subsection 65(9) or section 78.1; and

• (e) the disclosure of information obtained in the course of an appointment process or a complaint proceeding under this Act.

110 [Repealed, 2013, c. 40, s. 412]

PART 7Political Activities

Interpretation

Marginal note:Definitions

• 111 (1) The following definitions apply in this Part.

  election

  election means a federal, provincial, territorial or municipal election. (élection)

  federal election

  federal election means an election to the House of Commons. (élection fédérale)

  municipal election

  municipal election means an election as the mayor or a member of the council of a municipality. (élection municipale)

  municipality

  municipality means

  • (a) an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or other municipality, however designated; or

  • (b) any other local or regional authority that is determined by the Governor in Council to be a municipality for the purposes of this Part. (municipalité)

  political activity

  political activity means

  • (a) carrying on any activity in support of, within or in opposition to a political party;

  • (b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or

  • (c) seeking nomination as or being a candidate in an election before or during the election period. (activité politique)

  provincial election

  provincial election means an election to the legislature of a province. (élection provinciale)

  territorial election

  territorial election means an election to the Legislative Assembly of Yukon, the Northwest Territories or Nunavut. (élection territoriale)

• Marginal note:Meaning of deputy head

  (2) For the purposes of this Part, deputy head includes a Commissioner appointed under subsection 4(5).

Purpose of Part

Marginal note:Purpose

112 The purpose of this Part is to recognize the right of employees to engage in political activities while maintaining the principle of political impartiality in the public service.

Employees

Marginal note:Permitted activities

• 113 (1) An employee may engage in any political activity so long as it does not impair, or is not perceived as impairing, the employee’s ability to perform his or her duties in a politically impartial manner.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Commission, make regulations specifying political activities that are deemed to impair the ability of an employee, or any class of employees, to perform their duties in a politically impartial manner.

• Marginal note:Factors

  (3) In making regulations, the Governor in Council may take into consideration factors such as the nature of the political activity and the nature of the duties of an employee or class of employees and the level and visibility of their positions.