Federal Public Sector Labour Relations Regulations (SOR/2005-79)

Regulations are current to 2019-06-20 and last amended on 2017-06-19. Previous Versions

Federal Public Sector Labour Relations Regulations

SOR/2005-79

FEDERAL PUBLIC SECTOR LABOUR RELATIONS ACT

PUBLIC SERVICE LABOUR RELATIONS ACT

Registration 2005-04-01

Federal Public Sector Labour Relations Regulations

The Public Service Labour Relations Board, pursuant to sections 39, 237 and 238 of the Public Service Labour Relations ActFootnote a, makes the annexed Public Service Labour Relations Board Regulations.

Ottawa, April 1, 2005

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the Federal Public Sector Labour Relations Act. (Loi)

employee

employee

  • (a) in Part 1, has the same meaning as in subsection 2(1) of the Act; and

  • (b) in Part 2, has the same meaning as in section 206 of the Act. (fonctionnaire)

initiating document

initiating document means, as the case may be,

  • (a) a request for an extension, an addition or a reduction of time under section 12 if the request is filed before the filing of any document referred to in any of paragraphs (b) to (x) or (z.1);

  • (b) a request for the Board to exercise any of its powers, duties and functions under section 12 of the Act;

  • (c) a request for the Board to exercise any of its powers under section 43 of the Act;

  • (d) [Repealed, SOR/2014-251, s. 2]

  • (e) an application for certification under section 54 of the Act;

  • (f) an application, under section 58 of the Act, for a determination of membership of an employee or a class of employees in a bargaining unit;

  • (g) an application, under subsection 79(2) of the Act, for a determination of the rights, privileges and duties of an employee organization;

  • (h) an application for certification under section 83 of the Act;

  • (i) an application for an order under subsection 84(1) or section 89 of the Act;

  • (j) an application, under subsection 86(1) of the Act, for leave to give to the other party a notice to bargain collectively;

  • (k) an application for revocation of certification under section 94, 98, 99 or 100 of the Act;

  • (l) an application, under subsection 101(2) of the Act, for a determination of the rights or duties of an employee organization;

  • (m) an application for direction under section 102 of the Act;

  • (n) an application, under paragraph 117(b) of the Act, for an extension of the time to implement a collective agreement;

  • (o) to (r) [Repealed, SOR/2014-251, s. 2]

  • (s) a request for arbitration under subsection 136(1) of the Act;

  • (s.1) an application for review of an arbitral award under subsection 158.1(2) of the Act;

  • (t) a request for conciliation under subsection 161(1) of the Act;

  • (u) an application for a declaration that a strike vote is invalid under subsection 184(2) of the Act;

  • (v) a complaint made under section 190 of the Act;

  • (w) an application for a declaration of unlawful conduct under subsection 198(1) of the Act;

  • (x) an application to obtain the consent of the Board referred to in section 205 of the Act;

  • (y) an application for an extension of time referred to in subsection 61(b) if the application is filed before the notice of a reference to adjudication;

  • (z) the notice of a reference to adjudication under section 223 of the Act; or

  • (z.1) a request for the filing of an order of an adjudicator or the Board in the Federal Court under subsection 234(1) of the Act. (document introductif)

intervenor

intervenor, in respect of a proceeding, means any person that has been granted intervenor status. (intervenant)

person

person includes an employee organization, a council of employee organizations and an employer. (personne)

  • SOR/2014-251, s. 2
  • 2017, c. 9, s. 58

General Provisions

Marginal note:Filing initiating documents

 Subject to sections 3, 47, 51 and 55, all initiating documents must be filed in duplicate with the Board.

  • SOR/2014-251, s. 3

Marginal note:Initiating document sent by fax

  •  (1) If an initiating document is sent by fax to the Board, the original of the document and a copy must be sent to the Board as soon as possible.

  • Marginal note:Date of receipt

    (2) The initiating document sent by fax is deemed to be received on the date of the fax transmission if its original and a copy are sent in accordance with subsection (1).

  • SOR/2014-251, s. 4

Marginal note:Copies

 On receipt of an initiating document or, in the case of an initiating document sent by fax, on receipt of the original of the document and the copy, the Board must provide copies to the other party and to any person who may be affected by the proceeding.

  • SOR/2014-251, s. 5

Marginal note:Reply

 The other party must reply to the initiating document — other than a request for arbitration, an application for review of an arbitral award, referred to in subsection 158.1(2) of the Act, a request for conciliation or a notice of a reference to adjudication — no later than 15 days after it receives a copy of the document, unless these Regulations provide otherwise.

  • SOR/2014-251, s. 5

Marginal note:Failure to reply

 Despite sections 16 and 17, if, in a proceeding — other than a reference to adjudication — the other party fails to file its reply to the initiating document within the time limit prescribed in these Regulations, the Board or the Chairperson, as the case may be, may dispose of the matter before it without further notice to that party.

  • SOR/2014-251, s. 5

Marginal note:Subsequent documents

  •  (1) Subject to section 8, any document submitted subsequently to an initiating document must be filed with the Board.

  • Marginal note:Copies

    (2) The person filing a subsequent document shall provide a copy of it to

    • (a) the person who filed the initiating document;

    • (b) every person in receipt of an initiating document by virtue of section 4, unless that person has notified the Board in writing that the person does not wish to receive a copy of subsequent documents;

    • (c) any intervenors; and

    • (d) the Canadian Human Rights Commission if it received a notice referred to in subsection 210(1), 217(1) or 222(1) of the Act.

  • Marginal note:Exceptions

    (3) Subsection (2) does not apply in respect of

    • (a) applications for a summons;

    • (b) the documentary evidence referred to in sections 30 and 42;

    • (c) the additional documentation provided by the employer under sections 32 and 44; and

    • (d) statements of opposition and applications to amend statements of opposition.

  • SOR/2014-251, s. 6

Marginal note:Clarification

 Section 7 does not apply to documents filed under section 19 or 54, subsections 92(1) or 93(1), or section 104.

  • SOR/2014-251, s. 7

Marginal note:Document received after 4:00 p.m.

  •  (1) Subject to subsection (2), if a document is received by the Board after 4:00 p.m. Ottawa local time, the date of receipt of the document is deemed to be the next day that is not a Saturday or a holiday.

  • Marginal note:Receipt of document sent by courier

    (2) If a document is sent by courier addressed to the Board, the document is deemed to have been received on the day on which it is sent.

  • SOR/2014-251, s. 7
 
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