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

General Provisions (continued)

Marginal note:Computation of time

 If the time limit, under these Regulations, for the filing or presentation of a document expires on a Saturday or a holiday, the document may be filed on the day next following that is not a Saturday or a holiday.

Marginal note:Withdrawal

  •  (1) The person who initiates a proceeding before the Board, the Chairperson or an adjudicator may withdraw the proceeding in person at the hearing or by providing the Board with a notice of withdrawal in writing at any time before a decision is made.

  • Marginal note:Closing of file

    (2) On being informed by the Chairperson or an adjudicator of the withdrawal or on receipt of the notice of withdrawal, the Board must close the file and inform the parties, the intervenors and, if notice to the Canadian Human Rights Commission was given under subsection 210(1), 217(1) or 222(1) of the Act, the Canadian Human Rights Commission that the file has been closed.

  • SOR/2014-251, s. 8

PART 1Labour Relations

General Provisions

Marginal note:Extension or reduction of time

 Despite any other provision of this Part, the Board may, with respect to any Board matter referred to in this Part,

  • (a) in the interest of fairness, extend the time specified under this Part, or allow for additional time, to do any act or file any notice or any document; or

  • (b) if a matter is urgent, on notice to all parties, reduce the time specified under this Part to do any act or file any notice or any document.

  • SOR/2014-251, s. 9

Marginal note:Consolidation

 To ensure the expeditious resolution of proceedings, the Board may direct that any two or more proceedings before it be consolidated.

  • SOR/2014-251, s. 9

Marginal note:Addition of party or intervenor

  •  (1) Any person with a substantial interest in a proceeding before the Board may apply to the Board to be added as a party or an intervenor.

  • Marginal note:Representations

    (2) The Board may, after giving the parties the opportunity to make representations in respect of the application, add the person as a party or an intervenor.

Marginal note:Insufficient information

  •  (1) The Board may, on its own initiative or at request of a party or an intervenor, request that information contained in any document filed by any other party or any other intervenor be made more complete or specific.

  • Marginal note:Striking out information

    (2) The Board may, after giving the party or intervenor to whom the request was made the opportunity to reply to the request, strike from the document the information that is incomplete or insufficiently specific.

Marginal note:Notice of pre-hearing conference

  •  (1) Subject to subsection (2), the Board must provide the parties and intervenors with notice of a pre-hearing conference at least three days before the day that is fixed for it.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of an application for review of an arbitral award referred to in subsection 158.1(2) of the Act.

  • SOR/2014-251, s. 10

Marginal note:Notice of hearing

  •  (1) Subject to subsection (1.1), the Board must provide the parties and intervenors with notice of a hearing before the Board at least seven days before the day that is fixed for it.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply in respect of an application for review of an arbitral award referred to in subsection 158.1(2) of the Act.

  • Marginal note:Notice of hearing to those opposing

    (2) In the case of an application for certification or revocation of certification, the Board must also provide notice to each employee or representative of a group of employees who has filed a statement of opposition with respect to the application for certification or revocation of certification, at least seven days before the day that is fixed for the hearing.

  • Marginal note:Failure to attend

    (3) If a person who is provided with a notice of hearing fails to attend the hearing or any continuance of it, the Board may proceed with the hearing and dispose of the matter without further notice to that person.

  • SOR/2014-251, s. 11

Marginal note:Contents of summons application

 The Board may, if necessary for the fair and expeditious resolution of a proceeding before it, require that an application for a summons contain the name and address of the witness to be summoned and a statement of the evidence that the witness is expected to give at the hearing.

Marginal note:Document adduced as evidence

  •  (1) Any document adduced as evidence shall be filed at the hearing with a copy for the Board, each party and each intervenor.

  • Marginal note:Bilingualism

    (2) The document shall be filed in both official languages, if it exists in both languages.

Marginal note:Confidentiality of employees’ wishes

 Despite section 4, the Board shall not disclose to anyone evidence that could reveal membership in an employee organization, opposition to the certification or revocation of certification of an employee organization, or the wish of any employee to be represented, or not to be represented, by an employee organization, unless the disclosure would be in furtherance of the objectives of the Act.

Marginal note:Adjournment of hearings

 The Board may adjourn a hearing and specify the date, time, place and terms of its continuance.

Marginal note:Application for review of Board’s decision

 An application for a review, referred to in section 43 of the Act, of an order or a decision of the Board shall contain a statement of the grounds on which the applicant intends to rely in support of the review.

DIVISION 1Certification

Procedure for Certification

Marginal note:Application for certification

 An application for certification under section 54 of the Act shall be filed in Form 1 of the schedule.

Marginal note:Closing date

 On receipt of the application for certification, the Board must

  • (a) fix a closing date that is a date that will allow sufficient time for the employees to be notified and for them to respond, considering the number of employees who may be affected by the application for certification and the locations at which they are employed, and that is no less than 15 days and no more than 40 days after the day on which the application for certification is filed; and

  • (b) notify the employer and any employee organization known to the Board that claims to represent any employees who may be affected by the application of the closing date.

  • SOR/2014-251, s. 12

Marginal note:Copies of notice to employees

  •  (1) The Board must provide the employer with as many copies of the notice of the application for certification as are necessary considering the number of employees who may be affected by the application and the locations at which they are employed.

  • Marginal note:Posting of copies of notice

    (2) On receipt of the copies of the notice, an employer shall post them, until the closing date, in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application.

  • Marginal note:Statement of compliance

    (3) Immediately after the closing date, the employer shall file a statement that the employer has complied with subsection (2).

  • SOR/2014-251, s. 13

Marginal note:Employer’s reply

 An employer shall file a reply to the application for certification, on or before the closing date, in Form 2 of the schedule.

Marginal note:Intervention

 An employee organization that is provided with a copy of the application for certification or that claims to represent any of the employees who may be affected by the application may, on or before the closing date, file an application for intervention in Form 3 of the schedule.

Marginal note:Statement of opposition

 If an employee or a group of employees is affected by an application for certification and is in opposition to it, the employee or group of employees may, on or before the closing date, file a statement of opposition in Form 4 of the schedule.

Marginal note:Amendment

 A person may file an application to amend an application for certification, reply, application for intervention or statement of opposition filed by that person.

 
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