Marginal note:Persons deemed not to be employed in public service
117. Unless the Governor in Council otherwise orders in a case or class of cases, a person appointed under this Part shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.
- R.S., 1985, c. L-2, s. 117;
- 2003, c. 22, s. 225(E).
Marginal note:Witness fees and expenses
118. A person who is summoned by the Board, a conciliation board, a conciliation commissioner or an Industrial Inquiry Commission to attend as a witness in any proceeding taken under this Part, and who so attends, is entitled to be paid an allowance for expenses and a witness fee, determined in accordance with the scale for the time being in force with respect to witnesses in civil suits in the superior court of the province in which the proceeding is being taken.
- 1972, c. 18, s. 1.
Marginal note:Member of Board, conciliation board, etc., not required to give evidence
119. (1) No member of the Board or a conciliation board, conciliation officer, conciliation commissioner, officer or employee employed in the federal public administration or person appointed by the Board or the Minister under this Part shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Part.
Marginal note:Chief Administrator and employees not required to give evidence
(2) Neither the Chief Administrator nor an employee of the Administrative Tribunals Support Service of Canada shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties in providing services to the Board.
- R.S., 1985, c. L-2, s. 119;
- 1999, c. 31, s. 162(E);
- 2003, c. 22, s. 224(E);
- 2014, c. 20, s. 420.
Marginal note:No disclosure
119.1 For greater certainty, the following may not be disclosed without the consent of the person who made them:
(a) notes or draft orders or decisions of the Board or any of its members, or of an arbitrator or arbitration board chairperson appointed by the Minister under this Part; and
(b) notes or draft reports of persons appointed by the Minister under this Part to assist in resolving disputes or differences, or of persons authorized or designated by the Board to assist in resolving complaints or issues in dispute before the Board.
- 1998, c. 26, s. 54.
Arrangements with Provinces
Marginal note:Where uniform provincial legislation
120. (1) Where this Part and legislation enacted by the legislature of a province are substantially uniform, the Minister may, on behalf of the Government of Canada, with the approval of the Governor in Council, enter into an agreement with the government of the province to provide for the administration of the legislation of the province by officers and employees employed in the federal public administration.
Marginal note:Agreement for administration by Canada
(2) An agreement made pursuant to subsection (1) in respect of the administration of any legislation of a province may provide
(a) for the administration by Canada of the legislation of the province with respect to any particular work, undertaking or business;
(b) that the Minister may, on behalf of the province, exercise the powers conferred or perform the duties imposed under the legislation of the province;
(c) that the members of the Board, or officers and employees employed in the federal public administration, may exercise the powers conferred or perform the duties imposed under the legislation of the province; and
(d) for payment by the government of the province to the Government of Canada for expenses incurred by the Government of Canada in the administration of the legislation of the province.
Marginal note:Where powers or duties conferred by provincial legislation
(3) Where an agreement has been entered into between the Government of Canada and the government of a province in respect of any legislation of the province, the Minister, the members of the Board and any officers or employees employed in the federal public administration may, if the legislation so provides and the Governor in Council so orders, exercise the powers and perform the duties specified in the legislation or agreement.
- R.S., 1985, c. L-2, s. 120;
- 2003, c. 22, s. 224(E).
- Date modified: