Marginal note:Descriptive cross- references
3 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
- 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
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National Joint Council[Repealed, 2017, c. 9, s. 4]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, 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,
- 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
5 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
Marginal note:Right of employer preserved
7 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
7.1 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
8 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
9 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
10 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
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
12 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
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.
- 2003, c. 22, s. 2 “13”
- 2013, c. 40, ss. 295, 367
- 2017, c. 9, s. 5
Marginal note: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.
- 2003, c. 22, s. 2 “14”
- 2013, c. 40, s. 367
15 [Repealed, 2014, c. 20, s. 481]
16 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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