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

Interpretation (continued)

Marginal note:Descriptive cross- references

 If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject-matter of that other provision, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only.

PART 1Labour Relations

Interpretation

Marginal note:Definitions

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

    essential service

    essential service means a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public. (services essentiels)

    essential services agreement

    essential services agreement means an agreement between the employer and the bargaining agent for a bargaining unit that identifies 

    • (a) the types of positions in the bargaining unit that are necessary for the employer to provide essential services;

    • (b) the number of those positions that are necessary for that purpose; and

    • (c) the specific positions that are necessary for that purpose. (entente sur les services essentiels)

    mediator

    mediator means a person appointed as a mediator under subsection 108(1). (médiateur)

    National Joint Council

    National Joint Council[Repealed, 2017, c. 9, s. 4]

    parties

    parties, in relation to collective bargaining, arbitration, conciliation or a dispute, means the employer and the bargaining agent. (parties)

    public interest commission

    public interest commission means a commission established under Division 10. (commission de l’intérêt public)

  • Marginal note:When position is necessary

    (2) A position that is necessary for the employer to provide essential services for the purposes of paragraph (a) of the definition essential services agreement in subsection (1) includes a position the occupant of which is required, at any time,

    • (a) to perform the duties of the position that relate to the provision of essential services; or

    • (b) to be available during his or her off-duty hours to report to work without delay to perform those duties if required to do so by the employer.

  • 2003, c. 22, s. 2 “4”
  • 2013, c. 40, s. 294
  • 2017, c. 9, s. 4
  • 2018, c. 24, s. 1

DIVISION 1Employee Freedoms

Marginal note:Employee freedoms

 Every employee is free to join the employee organization of his or her choice and to participate in its lawful activities.

DIVISION 2Management Rights

Marginal note:Right of Treasury Board preserved

 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board under paragraph 7(1)(b) of the Financial Administration Act.

Marginal note:Right of employer preserved

 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board or a separate agency to determine the organization of those portions of the federal public administration for which it represents Her Majesty in right of Canada as employer or to assign duties to and to classify positions and persons employed in those portions of the federal public administration.

Marginal note:Right of Commissioner of Royal Canadian Mounted Police preserved

 Nothing in this Act is to be construed as affecting the right or authority of the Commissioner of the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act to ensure that police operations are effective.

  • 2017, c. 9, s. 4.1

DIVISION 3Consultation Committees and Co-Development

Marginal note:Consultation committee

 Each deputy head must, in consultation with the bargaining agents representing employees in the portion of the federal public administration for which he or she is deputy head, establish a consultation committee consisting of representatives of the deputy head and the bargaining agents for the purpose of exchanging information and obtaining views and advice on issues relating to the workplace that affect those employees, which issues may include, among other things,

  • (a) harassment in the workplace; and

  • (b) the disclosure of information concerning wrongdoing in the public service and the protection from reprisal of employees who disclose such information.

Marginal note:Meaning of co-development of workplace improvements

 For the purpose of this Division, co-development of workplace improvements means the consultation between the parties on workplace issues and their participation in the identification of workplace problems and the development and analysis of solutions to those problems with a view to adopting mutually agreed to solutions.

Marginal note:Co-development of workplace improvements

 The employer and a bargaining agent, or a deputy head and a bargaining agent, may engage in co-development of workplace improvements.

Marginal note:National Joint Council

  •  (1) Co-development of workplace improvements by the employer and a bargaining agent may take place under the auspices of the National Joint Council or any other body they may agree on.

  • Marginal note:Facilities and administrative support

    (2) The Chief Administrator of the Administrative Tribunals Support Service of Canada is to provide facilities and administrative support to the National Joint Council.

  • 2003, c. 22, s. 2 “11”
  • 2014, c. 20, s. 481

DIVISION 4Federal Public Sector Labour Relations and Employment Board

Marginal note:Administration of Act

 The Board administers this Act and it may exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, with regulations made under it or with decisions made in respect of a matter coming before the Board.

  • 2003, c. 22, s. 2 “12”
  • 2013, c. 40, s. 367

Marginal note:Adjudication services

 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.

  • 2003, c. 22, s. 2 “13”
  • 2013, c. 40, ss. 295, 367
  • 2017, c. 9, s. 5

Marginal note:Mediation services

 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.

  • 2003, c. 22, s. 2 “14”
  • 2013, c. 40, s. 367

 [Repealed, 2014, c. 20, s. 481]

Marginal note:Powers

 The Board has, in relation to any matter before it, the power to

  • (a) examine any evidence that is submitted to it respecting membership of employees in an employee organization seeking certification and, in the case of a council of employee organizations seeking certification, in any employee organization forming part of the council;

  • (b) examine documents forming or relating to the constitution or articles of association of any employee organization seeking certification and, in the case of a council of employee organizations seeking certification, those of any employee organization forming part of the council;

  • (c) require the employer to post and keep posted in appropriate places any notice that the Board considers necessary to bring matters or proceedings before the Board to the attention of employees;

  • (d) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliance or article in the premises and require any person in the premises to answer all questions relating to the matter before it;

  • (e) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer for the purpose of conducting representation votes during working hours; and

  • (f) authorize any person to do anything that the Board may do under paragraphs (a) to (e) and require the person to report to it on what the person has done.

  • 2003, c. 22, s. 2 “16”
  • 2013, c. 40, ss. 296, 367
 
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