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Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2)

Act current to 2019-07-01 and last amended on 2018-11-26. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2009, c. 2, s. 401, as amended by 2017, c. 9, par. 66(1)(a)

  • — 2009, c. 2, s. 402, as amended by 2017, c. 9, par. 66(1)(a)

  • — 2009, c. 2, s. 403, as amended by 2017, c. 9, par. 66(1)(a)

  • — 2009, c. 2, s. 404, as amended by 2013, c. 40, s. 469(6), 2014, c. 39, s. 385 and 2017, c. 9, par. 66(1)(a)

  • — 2013, c. 40, s. 469(1), par. (2)(b), as amended by 2017, c. 9, s. 69(7)

    • 2009, c. 2
      • 469 (1) In this section, other Act means the Budget Implementation Act, 2009.

      • (2) If section 367 of this Act comes into force before section 400 of the other Act, then

        • (b) on the day on which the Public Sector Equitable Compensation Act comes into force, sections 13 and 14 of the second Act are replaced by the following:

          • Adjudication services

            13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act.

          • Mediation services

            14 The Board is to provide mediation services that consist of

            • (a) assisting parties in the negotiation of collective agreements and their renewal;

            • (b) assisting parties in the management of the relations resulting from the implementation of collective agreements;

            • (c) mediating in relation to grievances; and

            • (d) assisting the Chairperson in discharging his or her responsibilities under this Act.

            The Board is also to provide mediation services in accordance with the Public Sector Equitable Compensation Act.

  • — 2017, c. 9, ss. 67(1), (2)

    • 2013, c. 18
      • 67 (1) The following definitions apply in this section.

        other Act

        other Act means the Act enacted by section 2 of chapter 22 of the Statutes of Canada, 2003, as amended from time to time. (autre loi)

        published date

        published date means the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act. (date publiée)

      • (2) If subsection 3(3) and section 30 of this Act come into force before the published date, then, on the published date,

        • (a) the definition RCMP member in subsection 2(1) of the other Act is replaced by the following:

          RCMP member

          RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre de la GRC)

        • (b) the portion of subsection 209(1) of the other Act before paragraph (a) is replaced by the following:

          • Reference to adjudication
            • 209 (1) An employee who is not an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to

        • (c) section 238.01 of the other Act is replaced by the following:

          • Definition of RCMP Commissioner

            238.01 In this Part, RCMP Commissioner means the Commissioner of the Royal Canadian Mounted Police.

        • (d) subsection 238.02(3) of the other Act is replaced by the following:

          • Clarification

            (3) For greater certainty, the provisions of Parts 1 and 2, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary.

  • — 2017, c. 20, s. 396

      • 396 (1) Subparagraph 240(a)(ii) of the Public Service Labour Relations Act is replaced by the following:

        • (ii) for the purposes of sections 133 and 134 of the Canada Labour Code, Board is to be read as a reference to the Public Service Labour Relations and Employment Board,

      • (2) Paragraph 240(b) of the Act is repealed.

  • — 2018, c. 27, s. 431(2)

      • 431 (2) Subsection 396(3) of the Act is replaced by the following:

        • Powers of Board

          (3) The Board has, in relation to a complaint referred to it, in addition to the powers conferred on it under the Federal Public Sector Labour Relations Act, the power to interpret and apply sections 7, 10 and 11 of the Canadian Human Rights Act, and the Equal Wages Guidelines, 1986, in respect of employees, even after the coming into force of subsection 425(1) of the Budget Implementation Act 2018, No. 2.

  • — 2018, c. 27, s. 431(4)

      • 431 (4) Section 396 of the Act is repealed.

  • — 2019, c. 10, s. 184

    • 184 The Federal Public Sector Labour Relations Act is amended by adding the following after section 209:

      • Reference to adjudication

        209.1 In addition to his or her rights under section 209, an employee, other than an employee who occupies a managerial or confidential position or who is not otherwise represented by a bargaining agent, may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the employee has suffered physical or psychological harm, property damage or economic loss as the result of — or has otherwise been adversely affected by — the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, and the grievance is related to that contravention.

  • — 2019, c. 10, s. 185

    • 185 The Act is amended by adding the following before section 211:

      • Notice to Accessibility Commissioner
        • 210.1 (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.

        • Standing of Accessibility Commissioner

          (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

  • — 2019, c. 10, s. 186

    • 186 The portion of section 211 of the Act before paragraph (a) is replaced by the following:

      • Exception

        211 Nothing in section 209 or 209.1 is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to

  • — 2019, c. 10, s. 187

    • 2017, c. 9, s. 31

      187 Section 214 of the Act is replaced by the following:

      • Decision final and binding

        214 If an individual grievance has been presented up to and including the final level in the grievance process and it is not one that under section 209, 209.1 or 238.25 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Act and no further action under this Act may be taken on it.

  • — 2019, c. 10, s. 188

    • 188 The Act is amended by adding the following before section 218:

      • Notice to Accessibility Commissioner
        • 217.1 (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.

        • Standing of Accessibility Commissioner

          (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

  • — 2019, c. 10, s. 189

    • 189 The Act is amended by adding the following before section 223:

      • Notice to Accessibility Commissioner
        • 222.1 (1) When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act.

        • Standing of Accessibility Commissioner

          (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

  • — 2019, c. 10, s. 190

      • 190 (1) Subsection 226(2) of the Act is amended by adding the following after paragraph (a):

      • (2) Subsection 226(2) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:

  • — 2019, c. 10, s. 191

    • 191 Subsection 237(1) of the Act is amended by adding the following after paragraph (f):

      • (f.1) the manner of giving notice of an issue to the Accessibility Commissioner under this Part;

  • — 2019, c. 10, s. 192

    • 2017, c. 9, s. 33

      192 Subsection 238.02(2) of the Act is replaced by the following:

      • Inconsistency — clarification

        (2) Without limiting the generality of subsection (1), section 58, subsections 208(1) and 209(1) and (2) and section 209.1 are inconsistent with this Part.

  • — 2019, c. 10, s. 193

    • 193 Section 238.25 of the Act is amended by adding the following after subsection (2):

      • Grievance related to accessibility

        (3) If a grievance referred to in subsection (1) is related to the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, an employee who is an RCMP member may refer the grievance to adjudication only if the employee has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — the contravention.

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