PART 6Federal Public Sector Labour Relations and Employment Board (continued)
Powers, Duties and Functions (continued)
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.
- 2003, c. 22, s. 12 "89"
- 2013, c. 40, s. 405
90 [Repealed, 2013, c. 40, s. 405]
91 [Repealed, 2013, c. 40, s. 405]
92 [Repealed, 2013, c. 40, s. 405]
93 [Repealed, 2013, c. 40, s. 405]
94 [Repealed, 2013, c. 40, s. 405]
95 [Repealed, 2013, c. 40, s. 405]
96 [Repealed, 2013, c. 40, s. 405]
Marginal note:Mediation services
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.
- 2003, c. 22, s. 12 "97"
- 2013, c. 40, s. 414
98 [Repealed, 2013, c. 40, s. 407]
99 [Repealed, 2013, c. 40, s. 407]
100 [Repealed, 2013, c. 40, s. 407]
101 [Repealed, 2013, c. 40, s. 407]
102 [Repealed, 2013, c. 40, s. 407]
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
(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.
- 2003, c. 22, s. 12 “103”
- 2013, c. 40, s. 407
- 2017, c. 9, s. 56
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.
- 2013, c. 40, s. 407
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.
- 2003, c. 22, s. 12 "104"
- 2013, c. 40, s. 407
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.
- 2003, c. 22, s. 12 "105"
- 2013, c. 40, s. 408
106 [Repealed, 2013, c. 40, s. 409]
107 [Repealed, 2013, c. 40, s. 409]
108 [Repealed, 2013, c. 40, s. 409]
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; and
(e) the disclosure of information obtained in the course of an appointment process or a complaint proceeding under this Act.
- 2003, c. 22, s. 12 "109"
- 2013, c. 40, ss. 411, 414
110 [Repealed, 2013, c. 40, s. 412]
PART 7Political Activities
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)
(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).
- 2003, c. 22, ss. 12 “111”, 272
- 2013, c. 40, s. 413
- 2014, c. 2, s. 55, c. 20, s. 474
Purpose of Part
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.
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