Federal Public Sector Labour Relations Act

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  adjudicator

  arbitre de grief

  adjudicator means a person or board of adjudication to whom a grievance is referred under paragraph 223(2)(a), (b) or (c). (arbitre de grief)

  arbitral award

  décision arbitrale

  arbitral award means an award made by an arbitration board in respect of a dispute. (décision arbitrale)

  arbitration board

  conseil d’arbitrage

  arbitration board means a board established under Division 9 of Part 1. (conseil d’arbitrage)

  bargaining agent

  agent négociateur

  bargaining agent means an employee organization that is certified by the Board as the bargaining agent for the employees in a bargaining unit. (agent négociateur)

  bargaining unit

  unité de négociation

  bargaining unit means a group of two or more employees that is determined by the Board to constitute a unit of employees appropriate for collective bargaining. (unité de négociation)

  Board

  Commission

  Board means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act. (Commission)

  Chairperson

  président

  Chairperson means the Chairperson of the Board. (président)

  collective agreement

  convention collective

  collective agreement means an agreement in writing, entered into under Part 1 between the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters. (convention collective)

  core public administration

  administration publique centrale

  core public administration has the same meaning as in subsection 11(1) of the Financial Administration Act. (administration publique centrale)

  council of employee organizations

  regroupement d’organisations syndicales

  council of employee organizations means a council formed by two or more employee organizations. (regroupement d’organisations syndicales)

  deputy head

  administrateur général

  deputy head means a deputy head referred to in any of paragraphs (a) to (c) of the definition deputy head in subsection 11(1) of the Financial Administration Act. (administrateur général)

  dispute

  différend

  dispute means a dispute or difference that arises in connection with the entering into, renewal or revision of a collective agreement and in respect of which arbitration may be requested under subsection 136(1) or conciliation may be requested under subsection 161(1). (différend)

  employee

  fonctionnaire

  employee, except in Part 2, means a person employed in the public service, other than

  • (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act;

  • (b) a person locally engaged outside Canada;

  • (c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work;

  • (d) a person who is a member or special constable of the Royal Canadian Mounted Police or who is employed by that force under terms and conditions substantially the same as those of one of its members;

  • (e) a person employed in the Canadian Security Intelligence Service who does not perform duties of a clerical or secretarial nature;

  • (f) a person employed on a casual basis;

  • (g) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more;

  • (h) an employee of the Administrative Tribunals Support Service of Canada who provides any of the following services exclusively to the Board:

    • (i) mediation and dispute resolution services,

    • (ii) legal services,

    • (iii) advisory services relating to the Board’s exercise of its powers and performance of its duties and functions;

  • (i) a person who occupies a managerial or confidential position; or

  • (j) a person who is employed under a program designated by the employer as a student employment program. (fonctionnaire)

  employee organization

  organisation syndicale

  employee organization means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of Parts 1 and 2, and includes, unless the context otherwise requires, a council of employee organizations. (organisation syndicale)

  employer

  employeur

  employer means Her Majesty in right of Canada as represented by

  • (a) the Treasury Board, in the case of a department named in Schedule I to the Financial Administration Act or another portion of the federal public administration named in Schedule IV to that Act; and

  • (b) the separate agency, in the case of a portion of the federal public administration named in Schedule V to the Financial Administration Act. (employeur)

  managerial or confidential position

  poste de direction ou de confiance

  managerial or confidential position means a position declared to be a managerial or confidential position by an order made by the Board under subsection 62(1), section 63, subsection 74(1) or section 75. (poste de direction ou de confiance)

  member

  commissaire

  member means a member of the Board, whether full-time or part-time. (commissaire)

  membership dues

  cotisations syndicales

  membership dues, in respect of employees represented by a bargaining agent, means the amount that the employer is required to deduct from the pay of the employees and remit to the bargaining agent under any collective agreement that is entered into between the employer and the bargaining agent. (cotisations syndicales)

  Minister

  ministre

  Minister means the member of the Queen’s Privy Council for Canada, other than a member of the Treasury Board, designated by the Governor in Council as the Minister for the purposes of this Act. (ministre)

  public service

  fonction publique

  public service, except in Part 3, means the several positions in or under

  • (a) the departments named in Schedule I to the Financial Administration Act;

  • (b) the other portions of the federal public administration named in Schedule IV to that Act; and

  • (c) the separate agencies named in Schedule V to that Act. (fonction publique)

  separate agency

  organisme distinct

  separate agency has the same meaning as in subsection 11(1) of the Financial Administration Act. (organisme distinct)

  strike

  grève

  strike includes a cessation of work or a refusal to work or to continue to work by persons employed in the public service, in combination, in concert or in accordance with a common understanding, and a slow-down of work or any other concerted activity on the part of such persons that is designed to restrict or limit output. (grève)

  Vice-Chairperson

  vice-président

  Vice-Chairperson means a Vice-Chairperson of the Board. (vice-président)

• Marginal note:Employment status preserved

  (2) A person does not cease to be employed in the public service by reason only that the person ceases to work as a result of a strike or by reason only of the termination of the person’s employment contrary to this Act or any other Act of Parliament.

• Marginal note:Persons who are not employees

  (3) For greater certainty, a person is not an employee if

  • (a) the person is engaged under section 30 of the Public Service Labour Relations and Employment Board Act; or

  • (b) the person’s compensation for the performance of the regular duties of the person’s position or office consists of fees of office or is related to the revenue of the office in which the person is employed.

• Marginal note:Casual employment

  (4) For the purposes of paragraph (f) of the definition employee in subsection (1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right to make appointments is employed on a casual basis if the person was appointed under section 50 of the Public Service Employment Act.

• Marginal note:References to occupants of positions

  (5) Every reference to a person who occupies a position, or to the occupant of a position, includes a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position, and a reference to a person’s position includes the position of a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position.