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

Act current to 2019-06-06 and last amended on 2018-11-26. Previous Versions

PART 1Labour Relations (continued)

DIVISION 14Prohibitions and Enforcement (continued)

Prohibition Relating to Essential Services

Marginal note:Obstruction

 No person shall impede or prevent or attempt to impede or prevent an employee from entering or leaving the employee’s place of work if the employee occupies a position that is necessary under an essential services agreement for the employer to provide essential services.

  • 2003, c. 22, s. 2 “199”
  • 2013, c. 40, s. 324
  • 2018, c. 24, s. 25

Prohibition Relating to Counselling

Marginal note:Counselling in respect of peace officer duties

 No employee organization and no officer or representative of an employee organization shall counsel any RCMP member or reservist not to carry out their duties as a peace officer.

  • 2017, c. 9, s. 26

Offences and Punishment

Marginal note:Persons

 Every person who contravenes subsection 186(1) or (2), section 188, subsection 189(1) or section 195 or 199 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.

Marginal note:Employees

 Every employee who contravenes section 196 or subsection 197(4) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.

Marginal note:Employee organizations

  •  (1) Every employee organization that contravenes, and every officer or representative of one who contravenes, section 187 or 188 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.

  • Marginal note:Employee organizations

    (2) Every employee organization that contravenes subsection 194(1) or (2) or 197(3) is guilty of an offence and liable on summary conviction to a fine not more than $1,000 for each day that any strike declared or authorized by it in contravention of that subsection is in effect.

  • Marginal note:Employee organization

    (3) Every employee organization that contravenes section 199.1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

  • Marginal note:Prosecution of employee organization

    (4) A prosecution for an offence under any of subsections (1) to (3) may be brought against an employee organization and in the name of that organization and, for the purposes of the prosecution, the employee organization is deemed to be a person.

  • 2003, c. 22, s. 2 “202”
  • 2017, c. 9, s. 27

Marginal note:Officers and representatives of employee organizations

 Every officer or representative of an employee organization who contravenes subsection 194(1) or section 199.1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

  • 2003, c. 22, s. 2 “203”
  • 2017, c. 9, s. 28

Marginal note:Employer

 If the employer contravenes subsection 186(1) or (2), the employer is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

Marginal note:Consent to prosecution

 A prosecution for an offence under this Division may be instituted only with the consent of the Board.

PART 2Grievances

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    employee

    employee means a person employed in the public service, other than

    • (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act;

    • (b) a person locally engaged outside Canada;

    • (c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work;

    • (d) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

    • (e) a person employed on a casual basis;

    • (f) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more;

    • (g) a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who occupies a managerial or confidential position; or

    • (h) a person who is employed under a program designated by the employer as a student employment program. (fonctionnaire)

    group grievance

    group grievance means a grievance presented in accordance with section 215. (grief collectif)

    individual grievance

    individual grievance means a grievance presented in accordance with section 208 or 238.24. (grief individuel)

    policy grievance

    policy grievance means a grievance presented in accordance with section 220. (grief de principe)

  • Marginal note:Former employees

    (2) Every reference in this Part to an employee includes a former employee for the purposes of any provisions of this Part respecting grievances with respect to

    • (a) any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(1)(c), (d) or (e) of the Financial Administration Act; or

    • (b) in the case of a separate agency, any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(2)(c) or (d) of the Financial Administration Act or under any provision of any Act of Parliament, or any regulation, order or other instrument made under the authority of an Act of Parliament, respecting the powers or functions of the separate agency.

  • 2003, c. 22, s. 2 “206”
  • 2014, c. 20, s. 481
  • 2017, c. 9, s. 29

Conflict Management

Marginal note:Informal conflict management system

 Subject to any policies established by the employer or any directives issued by it, every deputy head in the core public administration must, in consultation with bargaining agents representing employees in the portion of the core public administration for which he or she is deputy head, establish an informal conflict management system and inform the employees in that portion of its availability.

Individual Grievances

Presentation

Marginal note:Right of employee

  •  (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved

    • (a) by the interpretation or application, in respect of the employee, of

      • (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or

      • (ii) a provision of a collective agreement or an arbitral award; or

    • (b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.

  • Marginal note:Limitation

    (2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.

  • Marginal note:Limitation

    (3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value.

  • Marginal note:Limitation

    (4) An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.

  • Marginal note:Limitation

    (5) An employee who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Act.

  • Marginal note:Limitation

    (6) An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

  • Marginal note:Order to be conclusive proof

    (7) For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

 
Date modified: