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

PART 4General (continued)

Protection

Marginal note:Evidence respecting information obtained

 Members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) are not competent or compellable to appear as witnesses in any civil action, suit or other proceeding respecting information obtained in the discharge of their functions under this Act.

  • 2003, c. 22, s. 2 “243”
  • 2013, c. 40, s. 385

Marginal note:No disclosure of notes and drafts

 The following may not be disclosed without the consent of the person who made them:

  • (a) notes or draft orders or decisions of an adjudicator;

  • (b) notes or draft reports of a mediator, a public interest commission or a person authorized or designated by the Board to assist in resolving a complaint or issue in dispute before the Board; and

  • (c) notes or a draft arbitral award of an arbitration board.

  • 2003, c. 22, s. 2 “244”
  • 2013, c. 40, s. 386

Marginal note:Criminal or civil proceedings

 No criminal or civil proceedings lie against a member of an arbitration board, a member of a public interest commission, a mediator, an adjudicator or a person seized of a referral under subsection 182(1) for anything done  —  or omitted to be done  —  or reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function under this Act.

  • 2003, c. 22, s. 2 “245”
  • 2013, c. 40, s. 387

Oaths and Solemn Affirmations

Marginal note:Oath or solemn affirmation

 Before commencing his or her functions, a person appointed under this Act must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:

I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of .....................

Remuneration and Expenses

Marginal note:Remuneration and expenses

  •  (1) Members of arbitration boards, mediators, adjudicators and persons seized of referrals under subsection 182(1) are entitled to be paid the remuneration and expenses that may be fixed by the Governor in Council.

  • Marginal note:Remuneration and expenses

    (2) Members of public interest commissions are entitled to be paid the remuneration and expenses that may be fixed by the Minister.

  • Marginal note:Party to pay

    (3) If a public interest commission consists of three members, the remuneration and expenses to be paid to the member of the commission nominated, or deemed to be nominated, by a party is to be paid by that party.

  • 2003, c. 22, s. 2 “247”
  • 2013, c. 40, s. 337

Witness Fees

Marginal note:Payment of witness fees

 A person who is summoned by an arbitration board, a public interest commission or an adjudicator to attend as a witness at any proceeding under this Act is entitled to receive fees and allowances for so attending that are equal to those to which the person would be entitled if summoned to attend before the Federal Court.

  • 2003, c. 22, s. 2 “248”
  • 2013, c. 40, s. 389

Provision of Facilities and Human Resources

Marginal note:Facilities and human resources

 The Chief Administrator of the Administrative Tribunals Support Service of Canada must provide members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) with the facilities and human resources necessary to enable them to carry out their functions under this Act.

  • 2003, c. 22, s. 2 “249”
  • 2014, c. 20, s. 481

Application of Safety or Security Provisions

Marginal note:Application of safety or security provisions

  •  (1) Nothing in this Act or any other Act is to be construed as requiring the employer to do or refrain from doing anything that is contrary to 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 of any state allied or associated with Canada.

  • Marginal note:Order is conclusive proof

    (2) For the purposes of subsection (1), an order made by the Governor in Council is conclusive proof of the matters stated in it in relation to the giving or making of any instruction, direction or 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.

 [Repealed, 2013, c. 40, s. 390]

Five-year Review

Marginal note:Review

 Five years after the day on which this section comes into force, the minister designated by the Governor in Council for the purposes of this section must cause a review of this Act and its administration and operation to be conducted, and cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.

 
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