Federal Public Sector Labour Relations and Employment Board Act (S.C. 2013, c. 40, s. 365)

Act current to 2019-07-01 and last amended on 2017-06-19. Previous Versions

Federal Public Sector Labour Relations and Employment Board (continued)

Head Office and Meetings (continued)

Marginal note:Services and facilities

 In exercising its powers and performing its duties and functions, the Board may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the Board’s operation.

Marginal note:Meetings

  •  (1) Meetings of the Board are to be held at any date, time and place that the Chairperson considers appropriate for the conduct of the Board’s business.

  • Marginal note:Off-site participation

    (2) A meeting of the Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting.

Marginal note:Quorum

 The Chairperson, one Vice-chairperson and a majority of the other full-time members constitute a quorum at a meeting of the Board.

Marginal note:Attendance of part-time members at meetings

 A part-time member is not entitled to attend a meeting of the Board, but may attend at the Chairperson’s invitation.

Marginal note:Decision of majority

 A decision of a majority of the Board’s members who are present at a meeting of the Board is a decision of the Board.

Board’s Powers, Duties and Functions

Marginal note:Powers, duties and functions

 The Board is to exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act or any other Act of Parliament.

Marginal note:Powers of Board

 The Board has, in relation to any matter before it, the power to

  • (a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record;

  • (b) order pre-hearing procedures, including pre-hearing conferences that are held in private, and determine the date, time and place of the hearings for those procedures;

  • (c) order that a pre-hearing conference or a hearing be conducted using any means of telecommunication that permits all persons who are participating to communicate adequately with each other;

  • (d) administer oaths and solemn affirmations;

  • (e) accept any evidence, whether admissible in a court of law or not; and

  • (f) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant.

Marginal note:Frivolous matters

 The Board may dismiss summarily any matter that in its opinion is trivial, frivolous, vexatious or was made in bad faith.

Marginal note:Determination without oral hearing

 The Board may decide any matter before it without holding an oral hearing.

Marginal note:General power to assist parties

 The Board or a member of the Board or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.

  • 2013, c. 40, s. 365 “23”
  • 2014, c. 20, s. 471

Marginal note:Delegation by Board

 The Board may

  • (a) authorize the Chairperson to exercise any of its powers or perform any of its duties or functions, other than the power to make regulations; and

  • (b) authorize any person to exercise any of its powers under paragraphs 20(d) to (f) and require the person to report to it on what the person has done.

Chairperson

Marginal note:Chairperson’s duties

 The Chairperson has supervision over and direction of the Board’s work, including

  • (a) the assignment and reassignment of matters that the Board is seized of to panels;

  • (b) the composition of panels; and

  • (c) the determination of the date, time and place of hearings.

  • 2013, c. 40, s. 365 “25”
  • 2014, c. 20, s. 471

Marginal note:Delegation by Chairperson

 The Chairperson may authorize a Vice-chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s duties or functions, including powers, duties or functions delegated to the Chairperson by the Board.

Marginal note:Acting Chairperson

  •  (1) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, a Vice-chairperson designated by the Minister is to act as Chairperson.

  • Marginal note:Absence of Chairperson and Vice-chairpersons

    (2) If the Chairperson and the Vice-chairpersons are absent or unable to act, or all of those offices are vacant, the Minister may designate a member to act as Chairperson but no member so designated has authority to act as Chairperson for more than 90 days without the Governor in Council’s approval.

 [Repealed before coming into force, 2014, c. 20, s. 471]

 [Repealed before coming into force, 2014, c. 20, s. 471]

Experts

Marginal note:Experts and advisors

 The Chief Administrator of the Administrative Tribunals Support Service of Canada may engage on a temporary basis the services of mediators and other experts to assist the Board in an advisory capacity and, subject to the Governor in Council’s approval, fix their remuneration.

  • 2013, c. 40, s. 365 “30”
  • 2014, c. 20, s. 471

Protection

Marginal note:Board members and experts not compellable

  •  (1) A member of the Board or any person who is engaged under section 30 is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions.

  • Marginal note:Chief Administrator and employees not compellable

    (2) The Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions in providing services to the Board.

  • 2013, c. 40, s. 365 “31”
  • 2014, c. 20, s. 471

Marginal note:No disclosure of notes and drafts

 Notes or draft orders or decisions of the Board or of any of its members are not to be disclosed without the consent of the person who made them.

Marginal note:Immunity from proceedings  — Board members, experts and others

  •  (1) No criminal or civil proceedings lie against a member of the Board, any person who is engaged under section 30 or any person who is acting on the Board’s behalf for anything done  —  or omitted to be done  —  or reported or said by that member or that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions.

  • Marginal note:Immunity from proceedings  — Chief Administrator and employees

    (2) No criminal or civil proceedings lie against the Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada for anything done  —  or omitted to be done  —  or reported or said by that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions in providing services to the Board.

  • 2013, c. 40, s. 365 “33”
  • 2014, c. 20, s. 471

Review and Enforcement of Orders and Decisions

Marginal note:No review by court

  •  (1) Every order or decision of the Board is final and is not to be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

  • Marginal note:Standing of Board

    (2) The Board has standing to appear in proceedings under subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to its orders or decisions and its jurisdiction, policies and procedures.

  • Marginal note:No review by certiorari, etc.

    (3) Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under any Act of Parliament may, on any ground, including the ground that the order, decision or proceeding is beyond the Board’s jurisdiction to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction,

    • (a) be questioned, reviewed, prohibited or restrained; or

    • (b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise.

 
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