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

Act current to 2019-09-10 and last amended on 2019-07-29. Previous Versions

PART 2Grievances (continued)

Individual Grievances (continued)

Reference to Adjudication

Marginal note:Reference to adjudication

  •  (1) An employee who is not a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act 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

    • (a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award;

    • (b) a disciplinary action resulting in termination, demotion, suspension or financial penalty;

    • (c) in the case of an employee in the core public administration,

      • (i) demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct, or

      • (ii) deployment under the Public Service Employment Act without the employee’s consent where consent is required; or

    • (d) in the case of an employee of a separate agency designated under subsection (3), demotion or termination for any reason that does not relate to a breach of discipline or misconduct.

  • Marginal note:Application of paragraph (1)(a)

    (2) Before referring an individual grievance related to matters referred to in paragraph (1)(a), the employee must obtain the approval of his or her bargaining agent to represent him or her in the adjudication proceedings.

  • Marginal note:Designation

    (3) The Governor in Council may, by order, designate any separate agency for the purposes of paragraph (1)(d).

  • 2003, c. 22, s. 2 “209”
  • 2017, c. 9, s. 30

Marginal note:Reference to adjudication

 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. 184

Marginal note:Notice to Canadian Human Rights Commission

  •  (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.

  • Marginal note:Standing of Commission

    (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

Marginal note:Notice to Accessibility Commissioner

  •  (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.

  • Marginal note: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. 185

Marginal note:Exception

 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

  • 2003, c. 22, s. 2 “211”
  • 2019, c. 10, s. 186

Representation

Marginal note:Right to be represented by employee organization

 An employee who is not included in a bargaining unit for which an employee organization has been certified as bargaining agent may seek the assistance of, and, if the employee chooses, may be represented by, any employee organization in the presentation or reference to adjudication of an individual grievance.

Marginal note:Right to be represented by employee organization

 No employee who is included in a bargaining unit for which an employee organization has been certified as bargaining agent may be represented by any other employee organization in the presentation or reference to adjudication of an individual grievance.

Binding Effect

Marginal note:Decision final and binding

 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.

  • 2003, c. 22, s. 2 “214”
  • 2017, c. 9, s. 31
  • 2019, c. 10, s. 187

Group Grievances

Presentation

Marginal note:Right of bargaining agent

  •  (1) The bargaining agent for a bargaining unit may present to the employer a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of a collective agreement or an arbitral award.

  • Marginal note:Consent required

    (2) In order to present the grievance, the bargaining agent must first obtain the consent of each of the employees concerned in the form provided for by the regulations. The consent of an employee is valid only in respect of the particular group grievance for which it is obtained.

  • Marginal note:Single portion

    (3) The group grievance must relate to employees in a single portion of the federal public administration.

  • Marginal note:Limitation

    (4) A bargaining agent may not present a group 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

    (5) Despite subsection (4), a bargaining agent may not present a group grievance in respect of the right to equal pay for work of equal value.

  • Marginal note:Limitation

    (6) If an employee has, in respect of any matter, availed himself or herself of a complaint procedure established by a policy of the employer, the bargaining agent may not include that employee as one on whose behalf it presents a group 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 participating in a group grievance under this Act.

  • Marginal note:Limitation

    (7) A bargaining agent may not present a group 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

    (8) For the purposes of subsection (7), 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.

Reference to Adjudication

Marginal note:Reference to adjudication

 The bargaining agent may refer to adjudication any group grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to its satisfaction.

Marginal note:Notice to Canadian Human Rights Commission

  •  (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.

  • Marginal note:Standing of Commission

    (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).

 
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