Federal Public Sector Labour Relations Regulations (SOR/2005-79)
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Regulations are current to 2025-11-20 and last amended on 2020-03-06. Previous Versions
PART 2Grievances (continued)
Individual Grievances (continued)
Marginal note:Receipt and transmission
70 On receipt of an individual grievance, the immediate supervisor or the local officer-in-charge identified under subsection 65(1) must
(a) deliver to the grievor or to the grievor’s representative, if any, a receipt stating the date on which the individual grievance was received by the immediate supervisor or the local officer-in-charge; and
(b) forward the individual grievance to the person whose decision constitutes the appropriate level of the individual grievance process.
Marginal note:Circumstances in which a level may be eliminated
71 An individual grievance may be presented directly at the final level of the individual grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment.
Marginal note:Deadline for decision
72 (1) Unless the individual grievance relates to classification, the person whose decision constitutes the appropriate level of the individual grievance process must provide the decision to the grievor or the grievor’s representative, if any, no later than 20 days after the day on which the individual grievance was received by the grievor’s immediate supervisor or the grievor’s local officer-in-charge identified under subsection 65(1).
Marginal note:Exception
(2) If the individual grievance relates to classification, the deadline is 80 days.
Marginal note:Withdrawal of grievance
73 (1) A grievor may, by written notice to the grievor’s immediate supervisor or the grievor’s local officer-in-charge identified under subsection 65(1), withdraw an individual grievance at any level of the individual grievance process before a decision is made at the level.
Marginal note:Receipt and transmission
(2) On receipt of a notice of withdrawal of an individual grievance, the immediate supervisor or the local officer-in-charge must
(a) deliver to the grievor or the grievor’s representative, if any, a receipt stating the date on which the notice was received by the immediate supervisor or local officer-in-charge; and
(b) forward the notice to the person whose decision constitutes the appropriate level of the individual grievance process.
Group Grievances
Marginal note:Maximum number of levels
74 A group grievance process is to consist of a maximum of three levels.
Marginal note:Notice of level
75 An employer must notify the bargaining agent of the employees to whom the group grievance process applies of the name or title, as well as the contact information, of any person to whom a group grievance may be presented.
Marginal note:Group grievance form
76 (1) An employer must prepare a form for a group grievance that sets out the information to be provided by the bargaining agent, including
(a) the name of the bargaining agent and the name and contact information of its authorized representative;
(b) a statement of the nature of each act, omission or other matter giving rise to the grievance that establishes the alleged violation or misinterpretation, including, as the case may be, a reference to any relevant provision of a collective agreement or an arbitral award;
(c) the date on which the alleged violation or misinterpretation occurred; and
(d) the corrective action requested.
Marginal note:Approval
(2) The form must be submitted to the Board for approval, and the Board must approve it if the form requests the information that is required under paragraphs (1)(a) to (d) and if any other information requested on the form is relevant to resolving the group grievance.
Marginal note:Copies
(3) The employer must make copies of the approved form available to the bargaining agent.
Marginal note:Presentation of grievance
77 (1) A bargaining agent who presents a group grievance must do so on the form provided by the employer and approved by the Board and must submit it to any person identified under section 75.
Marginal note:Consent of aggrieved employees
(2) The bargaining agent must submit, together with the group grievance, the consent of aggrieved employees to the presentation of a group grievance, signed by each of the consenting employees.
Marginal note:Form and contents
(3) The consent must contain the following information:
(a) the names of the bargaining agent and the employer;
(b) a description of the bargaining unit to which the aggrieved employees belong;
(c) the portion of the federal public administration in which the aggrieved employees work;
(d) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the group grievance;
(e) the provision of the collective agreement or arbitral award that is the subject of the group grievance;
(f) a statement of the group grievances;
(g) the corrective action sought; and
(h) the date on which each aggrieved employee consented and their work location.
Marginal note:Deadline for presentation of grievance at first level
78 (1) A bargaining agent may present a group grievance at the first level of the group grievance process no later than 35 days after the earlier of the day on which the aggrieved employees received notification and the day on which they had knowledge of any act, omission or other matter giving rise to the group grievance.
Marginal note:Deadline for presentation of grievance at higher level
(2) A bargaining agent may present a group grievance at each succeeding level beyond the first level
(a) no later than 15 days after the day on which the decision of the previous level was received; or
(b) if a decision of the previous level was not received, no later than 40 days after the expiry of the period within which the decision was required.
Marginal note:Grievance deemed presented
(3) A group grievance is deemed to have been presented within the time referred to in subsection (1) or (2) if, within that time, it is sent by courier or delivered to any person identified under section 75.
Marginal note:Receipt and transmission
79 On receipt of a group grievance, the person identified under to section 75 must
(a) deliver to the bargaining agent a receipt stating the date on which the group grievance was received by the person; and
(b) forward the group grievance to the person whose decision constitutes the appropriate level of the group grievance process.
Marginal note:Deadline for decision
80 The person whose decision constitutes the appropriate level of the group grievance process must provide a decision to the bargaining agent no later than 20 days after the day on which the group grievance was received by any person identified under section 75.
Marginal note:Withdrawal of grievance
81 (1) A bargaining agent may, by written notice to any person identified under section 75, withdraw a group grievance at any level of the group grievance process before the decision is made at that level.
Marginal note:Receipt and transmission
(2) On receipt of a notice of withdrawal of a group grievance, the person identified under section 75 must
(a) deliver to the bargaining agent a receipt stating the date on which the notice was received by the person; and
(b) forward the notice to the person whose decision constitutes the appropriate level of the group grievance process.
Marginal note:Withdrawal from a group grievance
82 (1) A bargaining agent who receives a notice of withdrawal from a group grievance referred to in section 218 of the Act at any level of the group grievance process must provide a copy of the notice to any person identified under section 75.
Marginal note:Receipt and transmission
(2) On receipt of a copy of a notice of withdrawal from a group grievance, the person identified under section 75 must
(a) deliver to the bargaining agent a receipt stating the date on which the copy of the notice was received by the person; and
(b) forward the notice to the person whose decision constitutes the appropriate level of the group grievance process.
Policy Grievances
Marginal note:Maximum number of levels
83 A policy grievance process must consist of one level.
Marginal note:Notice from employer
84 (1) An employer must notify the bargaining agent of the name or title, as well as the contact information, of any person to whom a policy grievance may be presented.
Marginal note:Notice from bargaining agent
(2) A bargaining agent must notify the employer of the name or title, as well as the contact information, of any person to whom a policy grievance may be presented.
Marginal note:Deadline for presentation of grievance
85 (1) A bargaining agent or an employer may present a policy grievance no later than 35 days after the earlier of the day on which it received notification and the day on which it had knowledge of any act, omission or other matter giving rise to the policy grievance.
Marginal note:Grievance deemed presented
(2) A policy grievance is deemed to have been presented within the time referred to in subsection (1) if, within that time, it is sent by courier or delivered to any person identified under subsection 84(1) or (2), as the case may be.
Marginal note:Receipt and transmission
86 On receipt of a policy grievance, the person identified under subsection 84(1) or (2), must
(a) deliver to the bargaining agent or the employer, as the case may be, a receipt stating the date on which the policy grievance was received by the person; and
(b) forward the policy grievance to the person whose decision constitutes the level of the policy grievance process.
Marginal note:Deadline for decision
87 The person whose decision constitutes the level of the policy grievance process must provide a decision to the bargaining agent or the employer, as the case may be, no later than 20 days after the day on which the policy grievance was received by any person identified under subsection 84(1) or (2), as the case may be.
Marginal note:Withdrawal of grievance
88 (1) A bargaining agent or an employer may, by written notice to any person identified under subsection 84(1) or (2), as the case may be, withdraw a policy grievance before the decision is made by the person whose decision constitutes the level of the policy grievance process.
Marginal note:Receipt and transmission
(2) On receipt of a notice of withdrawal of a policy grievance, the person identified under subsection 84(1) or (2) must
(a) deliver to the bargaining agent or the employer, as the case may be, a receipt stating the date on which the notice was received by the person; and
(b) forward the notice to the person whose decision constitutes the level of the policy grievance process.
Adjudication
Marginal note:Notice of reference to adjudication
89 (1) A notice of reference to adjudication must be filed with the Board, together with a copy of the grievance and signed by the party filing the notice or its authorized representative, as the case may be, and must contain the following information:
(a) in the case of an individual grievance,
(i) if the grievance relates to the interpretation or application of a provision of a collective agreement or arbitral award,
(A) the names and contact information of the grievor and their authorized representative,
(B) the names of the employer and the bargaining agent,
(C) the place of work, position title, division and section or unit and classification of the grievor,
(D) the dates on which the individual grievance was presented at the first and final levels of the individual grievance process,
(E) the date on which the employer provided its decision at the final level of the individual grievance process, if any,
(F) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the individual grievance,
(G) the provisions of the collective agreement or arbitral award that are the subject of the individual grievance,
(H) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,
(I) if the parties have selected an adjudicator, the adjudicator’s name and contact information,
(J) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication,
(K) the bargaining agent’s agreement to represent the grievor in the adjudication proceedings, and
(L) the date of the notice of reference to adjudication, or
(ii) if the grievance relates to a termination, demotion, suspension, financial penalty or deployment,
(A) the names and contact information of the grievor and their authorized representative, if any,
(B) the names of the deputy head and the bargaining agent,
(C) the place of work, position title, division and section or unit and classification of the grievor, as well as the grievor’s department,
(D) the dates on which the individual grievance was presented at the first and final levels of the individual grievance process,
(E) the date on which the employer provided its decision at the final level of the individual grievance process, if any,
(F) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the individual grievance,
(G) the provision of the Act under which the individual grievance is referred to adjudication,
(H) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,
(I) if the parties have selected an adjudicator, the adjudicator’s name and contact information ,
(J) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication, and
(K) the date of the notice of reference to adjudication;
(b) in the case of a group grievance,
(i) the names and contact information of the bargaining agent and its authorized representative,
(ii) the name of the aggrieved employees’ employer,
(iii) the description of the bargaining unit to which the aggrieved employees belong,
(iv) the portion of the federal public administration in which the aggrieved employees work,
(v) the dates on which the group grievance was presented at the first and final levels of the group grievance process,
(vi) the date on which the employer provided its decision at the final level of the group grievance process, if any,
(vii) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the group grievance,
(viii) the provision of the collective agreement or arbitral award that is the subject of the group grievance,
(ix) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,
(x) if the parties have selected an adjudicator, the adjudicator’s name and contact information,
(xi) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication, and
(xii) the date of the notice of reference to adjudication; and
(c) in the case of a policy grievance,
(i) the names and contact information of the party filing notice of reference to adjudication and its authorized representative,
(ii) the name of the other party to the policy grievance,
(iii) a description of the bargaining unit,
(iv) the date on which the policy grievance was presented to the other party,
(v) the date on which the other party provided a decision with respect to the policy grievance,
(vi) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the policy grievance,
(vii) the provision of the collective agreement or arbitral award that is the subject of the policy grievance,
(viii) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,
(ix) if the parties have selected an adjudicator, the adjudicator’s name and contact information,
(x) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication, and
(xi) the date of the notice of reference to adjudication.
Marginal note:Copy of consent
(2) If the notice of reference to adjudication concerns a group grievance, the bargaining agent must also provide a copy of the consent submitted in accordance with subsection 77(2).
Marginal note:Grievance relating to interpretation or application
(3) If an individual grievance relates to the interpretation or application, in respect of the grievor, of a provision of a collective agreement or an arbitral award, the notice of the reference to adjudication must contain a declaration by an authorized representative of the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies, indicating that the bargaining agent is willing to represent the grievor in the adjudication proceedings.
- SOR/2005-417, s. 1
- SOR/2020-43, s. 45
- SOR/2020-43, s. 50(E)
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