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

Act current to 2019-06-20 and last amended on 2018-11-26. Previous Versions

PART 2.1Provisions Unique to the Royal Canadian Mounted Police (continued)

DIVISION 1Labour Relations

Adjournment of Proceedings

Marginal note:Prejudice to ongoing investigations or proceedings

  •  (1) The Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist if the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding.

  • Marginal note:Maximum period of adjournment

    (2) No adjournment may be for a period of more than 90 days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter.

  • 2017, c. 9, s. 33

Law Enforcement, Public Safety and National Security

Marginal note:Non-disclosure

  •  (1) The RCMP Commissioner may, in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the Board or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security.

  • Marginal note:Notice of objection

    (2) If the RCMP Commissioner objects to the disclosure of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the Board and to the parties.

  • Marginal note:Other provisions do not apply

    (3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the Board to require that the information be disclosed.

  • Marginal note:Former judge

    (4) If the RCMP Commissioner objects to the disclosure of information under subsection (1), the Minister must, at the written request of the Board or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.08.

  • Marginal note:Oath of secrecy

    (5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation.

  • Marginal note:Notice of appointment

    (6) The Minister must provide notice to the Board, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The Board, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit.

  • Marginal note:Former judge to have access

    (7) The former judge is to have access to the information about which an objection is made under subsection (1) for the purposes of the review.

  • 2017, c. 9, s. 33

Marginal note:Order regarding disclosure

  •  (1) Unless the former judge concludes that the disclosure of the information about which an objection is made under subsection 238.07(1) would be injurious to law enforcement, public safety or national security, the former judge must order that the RCMP Commissioner’s objection under section 238.07 to the disclosure of that information be dismissed.

  • Marginal note:Disclosure required

    (2) If the former judge concludes that the disclosure of all or part of that information would be injurious to law enforcement, public safety or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the former judge, after considering the public interest in disclosure, must order the RCMP Commissioner to disclose to the Board or to the party, as the case may be, all or that part of that information, a summary of that information or a written admission of facts relating to that information.

  • Marginal note:No disclosure required

    (3) If the former judge does not make an order under subsection (1) or order disclosure under subsection (2), they must make an order upholding the RCMP Commissioner’s objection to the disclosure.

  • Marginal note:Time limit

    (4) The order of the former judge must be made within 30 days after the day on which the period referred to in subsection 238.07(6) expires or within any longer period, not more than 60 days after the day on which the period referred to in that subsection expires, that the Minister permits.

  • Marginal note:Prohibition

    (5) The former judge must not include in their order any information that reveals information that they conclude must not be disclosed, or any information from which that information may be inferred.

  • Marginal note:Order final

    (6) The former judge’s order is final and binding.

  • Marginal note:Review

    (7) The RCMP Commissioner’s objection is not subject to review except to the extent and in the manner provided under this section.

  • 2017, c. 9, s. 33

Marginal note:Protection

  •  (1) No criminal, civil or administrative action or proceeding lies against a former judge, or any person acting on their behalf or under their direction, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the former judge under sections 238.07 and 238.08.

  • Marginal note:No summons

    (2) The former judge, or any person acting on their behalf or under their direction, is not, in respect of any matter coming to the knowledge of the former judge or that person as a result of exercising a power or performing a duty or function of the former judge, a competent or compellable witness in any proceeding other than a prosecution for an offence under this Act, the Security of Information Act or section 132 or 136 of the Criminal Code.

  • 2017, c. 9, s. 33

Marginal note:Use of information

 Information about which an objection is made under subsection 238.07(1) that is disclosed by the RCMP Commissioner to the Board or to a party in connection with the matter or proceeding that gave rise to the objection may be used only in connection with that matter or proceeding.

  • 2017, c. 9, s. 33

Marginal note:Memorandum of understanding

 The Chairperson and the RCMP Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting the disclosure of information referred to in subsection 238.07(1) and the protection of that information if it is disclosed.

  • 2017, c. 9, s. 33

Marginal note:Disclosure of information — other legal proceedings

  •  (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.07(1) to the Board or to a party in connection with the matter or proceeding that gave rise to the objection, the Board or that party is not to be required, in connection with any other criminal, civil or administrative action or proceeding, to give or produce evidence relating to that information.

  • Marginal note:Application

    (2) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament, other than the Access to Information Act and the Privacy Act.

  • Marginal note:Section prevails

    (3) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.3(1) of the Parliament of Canada Act.

  • 2017, c. 9, s. 33

Certification of Bargaining Agents

Marginal note:Right to apply

  •  (1) Subject to section 55, an employee organization within the meaning of paragraph (b) of the definition employee organization in subsection 2(1) that seeks to be certified as the bargaining agent for the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists may apply to the Board, in accordance with the regulations, for certification as bargaining agent for that group. The Board must notify the employer of the application without delay.

  • Marginal note:Requirements for certification

    (2) The Board may certify an employee organization referred to in subsection (1) as the bargaining agent for the group only if it determines that the employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements:

    • (a) it has as its primary mandate the representation of employees who are RCMP members;

    • (b) it is not affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and

    • (c) it is not certified as bargaining agent for any other group of employees.

  • Marginal note:Clarification

    (3) For greater certainty,

    • (a) for the purposes of subsection (2), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and

    • (b) no application is permitted to be made under section 54 in respect of employees who are RCMP members or reservists.

  • 2017, c. 9, s. 33
 
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