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

Act current to 2019-05-22 and last amended on 2018-11-26. Previous Versions

PART 1Labour Relations (continued)

DIVISION 10Conciliation (continued)

Establishment of Public Interest Commission

Marginal note:Recommendation to establish

  •  (1) Subject to subsection (3), on receiving a request for conciliation, the Chairperson must recommend to the Minister that a public interest commission be established for conciliation of the matters in dispute.

  • Marginal note:Delay

    (2) The Chairperson may delay recommending the establishment of a public interest commission until satisfied that the party making the request has bargained sufficiently and seriously with respect to the matters in dispute.

  • Marginal note:Refusal

    (3) If the Chairperson considers, after consultation with each of the parties, that the establishment of a public interest commission is unlikely to assist them in reaching agreement, the Chairperson must, without delay, notify the parties in writing that he or she will not recommend the establishment of such a commission.

Marginal note:Chairperson’s initiative

  •  (1) The Chairperson may, on his or her own initiative, recommend to the Minister that a public interest commission be established for the conciliation of a dispute if he or she considers that establishing one might assist the parties in reaching agreement and that the parties are unlikely to reach agreement otherwise.

  • Marginal note:Notice

    (2) Before acting under subsection (1), the Chairperson must notify the parties of his or her intention to do so.

Marginal note:Constitution

  •  (1) The public interest commission consists of either a single member appointed in accordance with section 166 or, subject to subsection (2), three members, appointed in accordance with section 167.

  • Marginal note:Request for commission of three members

    (2) The public interest commission is to consist of three members only if one of the parties requests it.

  • 2003, c. 22, s. 2 “164”
  • 2013, c. 40, s. 312
  • 2018, c. 24, s. 13

Marginal note:List

  •  (1) For the purposes of sections 166 and 167, the Chairperson must, after consultation with the parties, prepare a list of names of persons who could be selected to act as a public interest commission that consists of a single member, or as the chairperson of a public interest commission that consists of three members.

  • Marginal note:Contents

    (2) The list must set out

    • (a) the names of all eligible persons jointly recommended by the parties; and

    • (b) if the Chairperson is of the opinion that the parties have not jointly recommended a sufficient number of persons, the names of any other eligible persons whom the Chairperson considers suitable.

  • 2003, c. 22, s. 2 “165”
  • 2013, c. 40, s. 313
  • 2018, c. 24, s. 14

Marginal note:Commission with single member

  •  (1) If the public interest commission is to consist of a single member, the Chairperson must submit to the Minister the list prepared under subsection 165(1). The Chairperson may, at his or her discretion, also recommend the appointment of a particular person named in the list.

  • Marginal note:Appointment

    (2) After receiving the list, the Minister must, without delay, appoint a person named in the list.

  • 2003, c. 22, s. 2 “166”
  • 2013, c. 40, s. 313
  • 2018, c. 24, s. 14

Marginal note:Commission with three members

  •  (1) If either party requests that the public interest commission consist of three members, the Chairperson must, by notice, require each of the parties, within seven days of its receipt, to nominate a person to be a member of the commission, and on receipt of the nominations, the Chairperson must recommend to the Minister the appointment of the nominated persons as members of the commission. The Minister must appoint those persons without delay.

  • Marginal note:Failure to nominate

    (2) If a party fails to nominate a person within the time provided for in subsection (1) or nominates a person who is not eligible for appointment, the Chairperson must recommend to the Minister the appointment as a member of the public interest commission of a person whom he or she considers suitable. The Minister must appoint the person without delay and that person is deemed to have been appointed on the nomination of that party.

  • Marginal note:Appointment of chairperson nominated by parties

    (3) Within five days after the day on which the second member is appointed, the two members must nominate to be chairperson and third member of the public interest commission a person from the list prepared under subsection 165(1), and the Chairperson must recommend to the Minister the appointment of that person. The Minister must appoint the person without delay as chairperson and third member of the commission.

  • Marginal note:Failure to nominate

    (4) If the two members fail to make a nomination under subsection (3), the Chairperson must, without delay, submit to the Minister the list prepared under subsection 165(1). The Chairperson may, at his or her discretion, also recommend to the Minister the appointment of a particular person named in the list as the chairperson and third member of the public interest commission.

  • Marginal note:Appointment

    (5) After receiving the list, the Minister must, without delay, appoint a person named in the list as the chairperson and third member of the public interest commission.

  • 2003, c. 22, s. 2 “167”
  • 2013, c. 40, s. 314
  • 2018, c. 24, s. 15

Marginal note:Eligibility

 No person may act as a member of the public interest commission in respect of a matter referred to conciliation if the person has, at any time during the six months before their date of appointment, acted in respect of any matter concerning employer-employee relations as counsel or agent of the employer or of any employee organization that has an interest in the matter referred to conciliation.

Marginal note:Notification of establishment

  •  (1) The Chairperson must, without delay, notify the parties of the establishment of the public interest commission and of the name or names of its member or members, as the case may be.

  • Marginal note:Effect of notification

    (2) The notification constitutes conclusive proof that the public interest commission has been established in accordance with this Part and, after it is given, no order may be made or process entered into, and no proceedings may be taken in any court, to question the establishment of the commission or to review, prohibit or restrain any of its proceedings.

Marginal note:Death, incapacity or resignation of single member

  •  (1) In the event of the death, incapacity or resignation of the member of a public interest commission that consists of a single member before the commission makes a report to the Chairperson, the Chairperson must recommend to the Minister the appointment of another person from the list submitted under section 166 and the Minister must, without delay, appoint that person or another person on the list. That person must recommence the conciliation proceedings from the beginning.

  • Marginal note:Vacancy — commission with three members

    (2) If a vacancy occurs in the membership of a public interest commission that consists of three members before the commission makes a report to the Chairperson, the vacancy must be filled by the Minister, on the recommendation of the Chairperson, by appointment in the manner provided for in section 167 for the selection of the person in respect of whom the vacancy arose.

  • 2003, c. 22, s. 2 “170”
  • 2013, c. 40, s. 315
  • 2018, c. 24, s. 16

Marginal note:Delivery of notice

 After a public interest commission is established, the Chairperson must, without delay, deliver to it a copy of the notice given under subsection 161(1), if one was given.

Powers and Functions

Marginal note:Assistance to parties

 As soon as possible after being established, the public interest commission must endeavour to assist the parties to the dispute in entering into or revising a collective agreement.

Marginal note:Procedure

  •  (1) Except as otherwise provided in this Part, the public interest commission may determine its own procedure, including the date, time and place of its proceedings, but both parties must be given a full opportunity to present evidence and make representations.

  • Marginal note:Quorum and absence of members

    (2) The chairperson of the public interest commission and one other member constitute a quorum in the case of a commission consisting of three members but, in the absence of a member at any proceedings of the commission, the other members may not proceed unless the absent member has been given reasonable notice of the proceedings.

Marginal note:Powers

  • 2003, c. 22, s. 2 “174”
  • 2013, c. 40, s. 372
  • 2017, c. 9, s. 56
 
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