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Parliamentary Employment and Staff Relations Regulations (SOR/86-1140)

Regulations are current to 2022-01-12 and last amended on 2017-06-19. Previous Versions

Parliamentary Employment and Staff Relations Regulations

SOR/86-1140

PARLIAMENTARY EMPLOYMENT AND STAFF RELATIONS ACT

Registration 1986-12-12

Parliamentary Employment and Staff Relations Regulations

The Public Service Staff Relations Board, pursuant to sections 12 and 71 of the Parliamentary Employment and Staff Relations ActFootnote *, hereby makes the Regulations and Rules of Procedure of the Parliamentary Employment and Staff Relations Act, in accordance with the schedule hereto.

Ottawa, December 12, 1986

 [Repealed, SOR/2014-252, s. 2]

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Parliamentary Employment and Staff Relations Act; (Loi)

    Executive Director

    Executive Director[Repealed, SOR/2014-252, s. 3]

    person

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

    registrar

    registrar[Repealed, SOR/2005-80, s. 1]

    Secretary

    Secretary[Repealed, SOR/2005-80, s. 1]

  • (2) Where a period of time is prescribed by these Regulations and expressed as a number of days, the period shall be computed as being the number of days expressed exclusive of Saturdays and holidays.

  • SOR/2005-80, s. 1
  • SOR/2014-252, s. 3

Filing

  •  (1) For the purposes of these Regulations, a document is deemed to be filed with the Board at the time it is received by the Board or, if it is sent by registered mail addressed to the Board, at the time it is sent.

  • (2) However, if a document is received by the Board after 4 p.m. Ottawa local time, the document is deemed to be filed with the Board on the next business day.

  • SOR/2005-80, s. 2
  • SOR/2014-252, s. 4

Service

  •  (1) Where a document is required by these Regulations to be served, the service may be effected

    • (a) by personal service or, if the person to be served cannot be found, by leaving the document with a person who appears to be of at least 16 years of age and resident or employed at the premises located at the address for service or principal office of the person to be served as stated in any application, intervention, reply or other document in the proceeding or at the person’s last known or usual address;

    • (b) by registered mail addressed to the person to be served at the person’s address for service or the person’s principal office as stated in any application, intervention, reply or other document in the proceeding or at the person’s last known or usual address; or

    • (c) where service cannot be expeditiously effected under paragraph (a) or (b), by communicating to the person to be served the contents of the document in such manner as the Board may direct.

  • (2) If a hearing is to be held, service of the notice of hearing shall be effected at least five days before the day fixed for the hearing.

  • (3) Where a person is served with a notice of hearing referred to in subsection (2) and fails to attend the hearing or at any continuation thereof, the hearing may proceed and the matter be disposed of without further notice to that person.

  • SOR/2014-252, s. 5

 Where a document is served under these Regulations, service thereof shall be deemed to have been effected on

  • (a) where the document was served under paragraph 4(1)(a) or (c), the day on which the person to be served was served with the document; or

  • (b) where the document was served under paragraph 4(1)(b), the second day following the day on which the document was mailed to the person to be served.

General

 The Board may, on its own motion or at the request of a party, direct that the information or material contained in any document filed pursuant to these Regulations be made more complete or specific and if the party so directed fails to comply with the direction within such time as the Board may determine, the Board may strike from the document the information or material or so much thereof as the Board deems to be incomplete or insufficiently specific.

 Where the Board considers it advisable, the Board may at any time direct that a proceeding before the Board be consolidated with any other proceeding before the Board and the Board may issue such directions in respect of the conduct of the consolidated proceeding as the Board considers advisable.

 The Board may, where the Board is satisfied that the circumstances so require, adjourn any hearing for such time and to such place and on such terms as the Board considers advisable.

 Notwithstanding anything in these Regulations, the Board may, where the Board is satisfied that the circumstances so require and upon such terms as the Board considers advisable

  • (a) extend the time prescribed by these Regulations for doing any act, serving any notice, filing any document or taking any proceeding and may do so either before or after the expiration of the time prescribed; or

  • (b) reduce the time prescribed by these Regulations for doing any act, serving any notice, filing any document or taking any proceeding.

 The Board may direct that any person be added as a party to a proceeding or be served with any document, as the Board considers advisable.

  •  (1) For the purposes of this section, application means a complaint or any other proceeding before the Board other than a grievance.

  • (2) Subject to subsection (3), but notwithstanding any other provision of these Regulations, the Board may decide to dismiss an application on the ground that the application does not, on its face, disclose grounds for a hearing.

  • (3) Before dismissing an application pursuant to subsection (2), the Board shall

    • (a) invite the parties to submit written arguments within the time and in the manner specified by the Board; or

    • (b) hold a preliminary hearing.

  • (4) Where the Board dismisses an application pursuant to subsection (2), the Board shall state in a written decision its reasons therefor and serve a copy thereof on the parties to the application.

  • (5) An applicant may, within 25 days after being served with the written decision pursuant to subsection (4), file with the Board a request that the Board review its decision.

  • (6) A request for review filed pursuant to subsection (5) shall contain a concise statement of the facts and grounds on which the applicant relies.

  • (7) If a request for review is filed with the Board, the Board shall

    • (a) rescind its decision and direct that the application be proceeded with in accordance with the applicable provisions of these Regulations;

    • (b) serve the applicant and any other person who, in the Board’s opinion, may be affected by the application, with a notice of hearing to show cause why the application should be heard; or

    • (c) confirm in writing its decision dismissing the application.

  • SOR/2005-80, s. 7
  • SOR/2014-252, ss. 6, 35

 [Repealed, SOR/2014-252, s. 7]

 No proceeding under these Regulations is invalid by reason only of any defect in form or of any technical irregularity.

 Where any matter arises during the course of any proceeding before the Board that is not provided for by these Regulations it shall be dealt with in such manner as the Board directs.

PART IComplaints Procedure

 A complaint under section 13 of the Act shall be filed with the Board in duplicate in Form 3.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 The Board shall serve a respondent named in Form 3 with a copy of a complaint filed pursuant to section 15.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 A respondent may, not later than the 10th day after being served with a copy of a complaint under section 16, reply thereto by filing with the Board a reply in duplicate.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35
  •  (1) The Board shall serve the complainant with a copy of the reply, if any, filed by the respondent under section 17.

  • (2) After the time limit to file a reply has expired, the Board may serve each of the parties with a notice of hearing.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 8

PART IICertification Procedure

Interpretation

 In this Part,

application

application means an application for certification of a bargaining agent for a bargaining unit made under section 18 or 19 of the Act; (demande)

intervener

intervener means any employee organization that intervenes with respect to a certification proceeding before the Board; (intervenant)

terminal date

terminal date means the day fixed by the Board, in accordance with paragraph 20(b), as the day by which specified actions with respect to an application shall be taken by the parties. (date limite)

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 9

General

 Where an application is filed under section 21, the Board shall

  • (a) serve the employer named in the application with a copy of the application;

  • (b) fix a terminal date that is not less than 10 and not more than 30 days after the day on which the application is filed; and

  • (c) notify the parties of the date so fixed.

  • SOR/2005-80, s. 7
  • SOR/2014-252, ss. 10, 35

 An application shall be filed with the Board in duplicate in Form 4.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 Notwithstanding anything in this Part, the Board may dispose of an application without further notice to any person who has not filed a document in the proceeding on or before the terminal date in the manner prescribed by these Regulations.

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

  • (2) On receiving the copies, the employer shall immediately post them in conspicuous places where they are most likely to come to the attention of employees who may be affected by the application and leave them posted until the terminal date.

  • (3) Immediately after the terminal date, the employer shall file with the Board a statement that they have complied with subsection (2).

  • SOR/2014-252, s. 11

 An employer shall file with the Board a reply to the application in duplicate in Form 6 not later than the terminal date.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 The Board shall serve a copy of the application on each employee organization that it knows is claiming to represent any employees who may be affected by the application.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 12

 An employee organization that is served with a copy of the application or that claims to represent any of the employees who may be affected by the application shall file with the Board its intervention, if any, in duplicate in Form 7 not later than the terminal date.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35
  •  (1) An employee organization intending to apply for certification as the bargaining agent of any employees who may be affected by an application shall file with the Board in triplicate, not later than the terminal date fixed for the application pursuant to paragraph 20(b), an intervener’s application in Form 8.

  • (2) Paragraph 20(a) and section 23 apply to an intervener’s application with such modifications as the circumstances require.

  • (3) Paragraphs 20(b) and (c) do not apply to an intervener’s application unless the Board so directs.

  • SOR/91-462, s. 1
  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 Any employee or group of employees affected by an application or intervener’s application and who wish to make representations to the Board in opposition to the application or intervener’s application shall file with the Board in writing a concise statement of opposition that

  • (a) is signed by the employee or each member of the group of employees;

  • (b) is accompanied by a return mailing address of the employee or a representative of the group of employees, as the case may be; and

  • (c) is filed not later than the terminal date.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 An application, reply, intervention, intervener’s application, statement of opposition or notice may be amended with leave of the Board on such terms and conditions as the Board considers advisable.

 Where an applicant, or an intervener that files an intervener’s application, is a council of employee organizations, the council shall file with the Board at the time the application or intervener’s application is filed the documents on which the council intends to rely to satisfy the Board that each of the employee organizations that is a constituent member of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 Where an application or intervener’s application is filed, the Board may require the employer to file, in such form and manner and within such time as the Board considers advisable,

  • (a) lists of

    • (i) employees, and

    • (ii) employees whose duties include the supervision of other employees; and

  • (b) specimen signatures of employees.

  •  (1) Where an application or intervener’s application is filed with respect to a proposed bargaining unit which consists in whole or in part of employees for whom no employee organization is certified as the bargaining agent, the Board may require the employer to file a list of the persons, if any, whom the employer claims should be excluded from the proposed bargaining unit because the employer considers them to be persons employed in a managerial or confidential capacity.

  • (2) The Board shall serve a copy of a list filed pursuant to subsection (1) on the applicant and the intervener, if any.

  • SOR/91-462, s. 2(F)
  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 An applicant or intervener that is served by the Board with a copy of a list in accordance with subsection 32(2) shall, within 10 days after the day on which they are served, file with the Board a statement that, in respect of each person whose name appears on the list, sets out whether they agree with the claims of the employer.

  • SOR/91-462, s. 3
  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 13
 
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