P.S.S.R.B. Regulations and Rules of Procedure, 1993 (SOR/93-348)

84 (1) Subject to subsection (2), but notwithstanding any other provision of these Regulations, the Board may dismiss a grievance on the ground that it is not a grievance that may be referred to adjudication pursuant to section 92 of the Act.

(2) The Board, in considering whether a grievance should be dismissed pursuant to subsection (1), shall

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

• (b) hold a hearing.

(3) Where the Board dismisses a grievance under subsection (1), the Board shall provide a copy of the decision and reasons therefor to the parties.

(4) An employee may, no later than on the twenty-fifth day after being provided with a copy of a decision pursuant to subsection (3), file with the Secretary a request that the Board review its decision.

(5) A request for review that is filed pursuant to subsection (4) shall contain a concise statement of the facts and grounds on which the employee relies in support of the review.

(6) Where a request for review is filed with the Secretary, the Board shall

• (a) provide the employee, and any other person who may be affected by the request for review, with a notice of hearing to show cause as to why the request for a review should be heard;

• (b) rescind the decision and direct that the grievance be proceeded with in accordance with these Regulations; or

• (c) confirm in writing the decision dismissing the grievance.

(7) Where the Board holds a hearing referred to in paragraph (6)(a), the Board shall rescind or confirm the Board’s decision in accordance with paragraph (6)(b) or (c).