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)

Review and Enforcement of Orders and Decisions (continued)

Marginal note:Filing of Board’s orders in Federal Court

  •  (1) The Board must, on the written request of any person or organization affected by any order of the Board, file a certified copy of the order, exclusive of the reasons for it, 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:Effect of filing

    (2) 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.

Regulations

Marginal note:Regulations

 The Board may make regulations respecting

  • (a) the practice and procedure for hearings and pre-hearing proceedings of the Board;

  • (b) the use of any means of telecommunication in the conduct of its activities;

  • (c) the hearing or determination of any application, complaint, question or dispute that may be made to, referred to or otherwise come before the Board;

  • (d) the establishment of an expeditious procedure and matters that may be determined under that procedure;

  • (e) the forms to be used in respect of any proceeding that may come before the Board;

  • (f) the manner in which and the period during which evidence and information may be presented to the Board in connection with any proceeding that may come before it;

  • (g) the time within which and the persons to whom notices, other than those referred to in subsections 130(1) and (2) of the Public Service Labour Relations Act, and other documents must be sent or given, and when the notices are deemed to have been sent, given or received; and

  • (h) any other matters or things that are incidental or conducive to the exercise of the Board’s powers and the performance of its duties and functions.

Panels

Marginal note:Panels

  •  (1) Subject to subsection (2), matters of which the Board is seized are to be heard by a panel consisting of one member.

  • Marginal note:Three-member panels

    (2) If the Chairperson considers that the complexity of a matter requires it, he or she may assign the matter to a panel consisting of three members.

  • Marginal note:Chairperson of three-member panel

    (3) If the Chairperson is a member of a three-person panel, he or she is to be its chairperson; otherwise, he or she must designate a member of it to be its chairperson.

Marginal note:Member’s death or incapacity

  •  (1) In the event of the death or incapacity of a member of a three-member panel, other than the death or incapacity of the chairperson of the panel, the chairperson of the panel may determine any matter that was before the panel and his or her decision is deemed to be the panel’s decision.

  • Marginal note:Chairperson’s death or incapacity

    (2) In the event of the death or incapacity of the chairperson of a panel, or of the member when the panel consists of one member, the Chairperson must establish a new panel to hear and determine the matter on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.

Marginal note:Powers, rights and privileges

 A panel has all of the Board’s powers, rights and privileges with respect to any matter assigned to the panel.

Marginal note:Panel’s decision

  •  (1) A decision made by a majority of the members of a panel is the decision of the panel or, if no decision is supported by the majority, the decision of the chairperson of the panel is the decision of the panel.

  • Marginal note:Board’s decision

    (2) A decision of a panel is a decision of the Board.

Witness Fees

Marginal note:Payment of witness fees

 A person who is summoned by the Board to attend as a witness at any of its proceedings is entitled to receive fees and allowances for so attending that are equal to those to which the person would be entitled if they were summoned to attend before the Federal Court.

Annual Report

Marginal note:Obligation to prepare report

  •  (1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act.

  • Marginal note:Tabling in Parliament

    (2) The Minister must cause the report to be tabled in each House of Parliament within the first 15 days on which that House is sitting after the Minister receives it.

 
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