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

Marginal note:Deadline for reference to adjudication

• 90 (1) Subject to subsection (2), a grievance may be referred to adjudication no later than 40 days after the day on which the person who presented the grievance received a decision at the final level of the applicable grievance process.

• Marginal note:Exception

  (2) If no decision at the final level of the applicable grievance process was received, a grievance may be referred to adjudication no later than 40 days after the expiry of the period within which the decision was required under this Part or, if there is another period set out in a collective agreement, under the collective agreement.

Marginal note:Deadline — establishment of board of adjudication

• 91 (1) The party that receives a copy of a notice of a reference to adjudication may, no later than 15 days after receipt of the notice,

  • (a) if the notice contains a request for the establishment of a board of adjudication, object to the establishment of a board or file a document specifying the name of their nominee as member of the board; or

  • (b) in any other case, request the establishment of a board of adjudication.

• Marginal note:Deadline — establishment of board of adjudication

  (2) Where the party that receives a copy of a notice of a reference to adjudication requests the establishment of a board of adjudication, the other party may, no later than 15 days after being provided with a copy of the request, object to the establishment of the board or file a document specifying the name of their nominee as a member of the board.

Marginal note:Notice to Canadian Human Rights Commission

• 92 (1) A notice of a human rights issue under subsection 210(1), 217(1) or 222(1) of the Act must be given to the Canadian Human Rights Commission, together with a copy of the grievance and the notice of the reference to adjudication.

• Marginal note:Form and contents

  (1.1) The notice must be filed with the Canadian Human Rights Commission and signed by the party raising the issue or their authorized representative, as the case may be, and contain the following information:

  • (a) the name and contact information of the party raising the issue involving the interpretation or application of the Canadian Human Rights Act and of their authorized representative, if any;

  • (b) the description of the issue involving the interpretation or application of the Canadian Human Rights Act;

  • (c) the prohibited ground of discrimination involved;

  • (d) the corrective action sought; and

  • (e) the date of the notice.

• Marginal note:Copies of notice

  (2) The person who gives the notice must send a copy of it to the Board, the other party, any intervenors and every person in receipt of a copy of the notice of the reference to adjudication 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.

Marginal note:Deadline for notice of intention to make submissions

• 93 (1) The Canadian Human Rights Commission may, no later than 15 days after being notified of a human rights issue under subsection 210(1), 217(1) or 222(1) of the Act, notify the Board of whether or not it intends to make submissions regarding the issue raised in the notice.

• Marginal note:Attachments

  (2) The Canadian Human Rights Commission must submit a copy of the grievance and the notice of the reference to adjudication together with its notice.

• Marginal note:Copies of notice

  (3) On receipt of the notice, the Board must provide copies to the parties and the intervenors.

Marginal note:Participation in mediation

• 94 (1) The parties must participate in the mediation provided by the Board, unless a party notifies the Board in writing, no later than 15 days after the party that did not refer the grievance to adjudication, receives a copy of the notice of the reference to adjudication that it does not intend to participate.

• Marginal note:Request to mediate

  (2) Despite subsection (1), a party may, after notifying the Board of its intention not to participate in mediation, and with the agreement of the other party, request mediation of the grievance.

Marginal note:Deadline for raising objections

• 95 (1) A party may, no later than 30 days after being provided with a copy of the notice of the reference to adjudication,

  • (a) raise an objection on the grounds that the time limit prescribed in this Part or provided for in a collective agreement for the presentation of a grievance at a level of the grievance process has not been met; or

  • (b) raise an objection on the grounds that the time limit prescribed in this Part or provided for in a collective agreement for the reference to adjudication has not been met.

• Marginal note:Objection may not be raised

  (2) The objection referred to in paragraph (1)(a) may be raised only if the grievance was rejected at the level at which the time limit was not met and at all subsequent levels of the grievance process for that reason.

• Marginal note:Objection raised

  (3) If the party raises an objection referred to in subsection (1), it must provide a statement in writing giving details regarding its objection to the Board.

Marginal note:Filing with the Board

96 An employer or deputy head or, in the case of a policy grievance, the party that did not refer the grievance to adjudication must, no later than 30 days after the day on which that party was provided with a copy of the notice of the reference to adjudication, file with the Board a copy of the decision that was made in respect of the grievance at each level of the applicable grievance process.

Marginal note:Documentation

• 97 (1) If a grievance relates to the interpretation or application of a provision of a collective agreement or arbitral award, the party referring the grievance to adjudication must, before or at the hearing, provide a copy of the collective agreement or arbitral award to the adjudicator or the Board, as the case may be, to the other party or its authorized representative, if any, to the intervenors and, if notice to the Canadian Human Rights Commission is given under subsection 210(1), 217(1) or 222(1) of the Act, to the Canadian Human Rights Commission.

• Marginal note:Bilingualism

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

• 98 (1) [Repealed, SOR/2014-251, s. 30]

• Marginal note:Consolidation by adjudicator

  (2) To ensure the expeditious resolution of proceedings, an adjudicator may direct that any proceedings before the adjudicator be consolidated with any other proceeding before the adjudicator and may issue directions in respect of the conduct of the consolidated proceeding.

Marginal note:Addition of party or intervenor

• 99 (1) Any person with a substantial interest in a grievance may apply to the Board or the adjudicator, as the case may be, to be added as a party or an intervenor.

• Marginal note:Representations

  (2) The Board or the adjudicator 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

• 100 (1) The Board or an adjudicator may, on their own initiative or at the request of a party or an intervenor, in a proceeding before the Board or the adjudicator, as the case may be, 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 or an adjudicator 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

101 Unless the matter is urgent, 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:Notice of hearing

• 102 (1) Unless the matter is urgent, the Board must provide the parties, intervenors and, if notice to the Canadian Human Rights Commission is given under subsection 210(1), 217(1) or 222(1) of the Act, the Canadian Human Rights Commission with a notice of a hearing at least seven days before the day that is fixed for it.

• Marginal note:Failure to attend

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

Marginal note:Contents of summons application

103 The Board or an adjudicator, if necessary for the fair and expeditious resolution of the proceedings before the Board or adjudicator, as the case may be, may 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

• 104 (1) Any document adduced as evidence must be filed at the hearing with a copy for the Board or the adjudicator, as the case may be, for each party, for each intervenor and, if notice to the Canadian Human Rights Commission was given under subsection 210(1), 217(1) or 222(1) of the Act, for the Canadian Human Rights Commission.

• Marginal note:Bilingualism

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

Marginal note:Adjournment of hearings

105 The Board or adjudicator may adjourn a hearing before the Board or adjudicator, as the case may be, and specify the day, time, place and terms of its continuance.

Marginal note:Withdrawal from a group grievance

106 A bargaining agent who receives a notice of withdrawal from a group grievance referred to in section 218 of the Act after the grievance has been referred to adjudication must provide a copy of the notice to the Board.