Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)
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Assented to 2013-12-12
PART 3VARIOUS MEASURES
Division 18Reorganization of Federal Public Service Labour Relations and Employment Boards
2003, c. 22, ss. 12 and 13Public Service Employment Act
Marginal note:Appointments terminated
416. (1) Members of the Tribunal cease to hold office on the day on which subsection 366(1) of this Act comes into force.
Marginal note:No compensation
(2) Despite the provisions of any contract, agreement or order, no person who was appointed to hold office as a part-time member of the Tribunal has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Marginal note:Continuation of proceedings
417. Subject to subsection 418(1), every proceeding commenced with respect to a complaint made under subsection 65(1) or sections 74, 77 or 83 of the Public Service Employment Act before the day on which subsection 366(1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.
Marginal note:Continuation — member of Tribunal
418. (1) A member of the Tribunal may, at the request of the Chairperson of the Board, continue to consider and dispose of any complaint that was before the member before the day on which subsection 366(1) of this Act comes into force.
Marginal note:Powers
(2) For the purposes of subsection (1), a member of the Tribunal exercises the same powers, and performs the same duties and functions, as a panel of the Board.
Marginal note:Refusal to complete duties
(3) If a member of the Tribunal refuses to continue to consider or dispose of a complaint referred to in subsection (1), the Chairperson of the Board may assign it to a panel of the Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act, on any terms and conditions that the Chairperson of the Board may specify for the protection and preservation of the rights and interests of the parties.
Marginal note:Supervision by Chairperson of Board
(4) The Chairperson of the Board has supervision over and direction of the work of any member of the Tribunal who continues to consider and dispose of a complaint referred to in subsection (1).
Marginal note:Remuneration and expenses
(5) A member of the Tribunal who continues to consider and dispose of a complaint referred to in subsection (1)
(a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and
(b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from their ordinary place of residence.
Marginal note:Limitation
(6) The Chairperson of the Board may withdraw from a member of the Tribunal a complaint referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366(1) of this Act comes into force and assign it to a panel of the Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act, on any terms and conditions that the Chairperson of the Board may specify for the protection and preservation of the rights and interests of the parties.
Marginal note:Persons employed by Tribunal
419. Nothing in this Division affects the status of any person who, immediately before the day on which subsection 366(1) of this Act comes into force, is employed by the Tribunal, except that, as of that day, the person is employed by the Board.
Marginal note:Rights and obligations transferred
420. All rights and property held by or in the name of or in trust for the Tribunal and all obligations and liabilities of the Tribunal are deemed to be rights, property, obligations and liabilities of the Board.
Marginal note:References
421. Every reference to the Tribunal in a deed, contract or other document executed or, in Quebec, signed by the Tribunal in its own name is to be read as a reference to the Board, unless the context requires otherwise.
Marginal note:Continuation of legal proceedings
422. Any action, suit or other proceeding to which the Tribunal is a party that is pending in any court on the day on which subsection 366(1) of this Act comes into force may be continued by or against the Board in the same manner and to the same extent as it could have been continued by or against the Tribunal.
Marginal note:Commencement of legal proceedings
423. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Tribunal may be brought against the Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Tribunal.
Marginal note:Orders and decisions continued
424. Every order or decision made by the Tribunal is deemed to have been made by the Board and may be enforced as such.
R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act
Amendments to the Act
Marginal note:2003, c. 22, s. 182(3)
425. The definition “Board” in section 3 of the Parliamentary Employment and Staff Relations Act is replaced by the following:
“Board”
« Commission »
“Board” means the Public Service Labour Relations and Employment Board established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act;
Marginal note:2003, c. 22, ss. 183(E), 184 and 185
426. The headings before section 9 and sections 9 to 11 of the Act are replaced by the following:
Division IPublic Service Labour Relations and Employment Board
Application of Certain Acts
Marginal note:Application
9. Unless otherwise provided in this Part, the provisions of the Public Service Labour Relations and Employment Board Act and the Public Service Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application,
(a) a reference to either of those Acts in any of those provisions shall be read as a reference to this Part; and
(b) words and expressions used in those provisions that are defined by this Part shall have the meaning given to them by this Part.
Powers, Duties and Functions
Marginal note:Powers, duties and functions
10. The Board shall administer this Part and shall exercise the powers and perform the duties and functions that are conferred or imposed on it by, or are incidental to the attainment of the objects of, this Part including the making of orders requiring compliance with this Part, with any regulation made under this Part or with any decision made in respect of a matter coming before the Board under this Part.
427. (1) Paragraphs 12(1)(f) to (i) of the Act are replaced by the following:
(f) the establishment of rules of procedure for the hearings of an adjudicator;
(h) the circumstances in which evidence as to membership of employees in an employee organization may be received by the Board as evidence that any employees wish or do not wish to have that employee organization represent them as their bargaining agent;
(2) Paragraph 12(1)(k) of the Act is replaced by the following:
(k) any other matter that is incidental or conducive to the attainment of the objects of this Part.
428. (1) Paragraphs 15(a) to (c) of the Act are repealed.
(2) Paragraph 15(f) of the Act is replaced by the following:
(f) to authorize any person to do anything that the Board may do under paragraphs (d) and (e) and to require the person to report to the Board on it.
429. Subsection 49(3) of the Act is replaced by the following:
Marginal note:Powers of arbitrator
(3) An arbitrator appointed under this section has all the powers of the Board set out in paragraph 15(d) of this Act and paragraphs 20(d) and (e) of the Public Service Labour Relations and Employment Board Act.
430. Subsection 50(1) of the Act is replaced by the following:
Marginal note:Request for arbitration
50. (1) If the parties to collective bargaining have bargained collectively in good faith with a view to concluding a collective agreement but have been unable to reach agreement on any term or condition of employment of employees in the relevant bargaining unit that may be embodied in an arbitral award, either party may, by notice in writing to the Board given in accordance with subsection (2), request arbitration in respect of that term or condition of employment.
431. Subsection 51(1) of the Act is replaced by the following:
Marginal note:Request for arbitration by other party
51. (1) If notice under section 50 is received by the Board from any party requesting arbitration, the Chairperson shall as soon as feasible send a copy of the notice to the other party, who shall within seven days after receipt of it advise the Chairperson, by notice in writing, of any matter, additional to the matters specified in the notice under section 50, that was a subject of negotiation between the parties during the period before the arbitration was requested but on which the parties were unable to reach agreement and in respect of which, being a matter that may be embodied in an arbitral award, that other party requests arbitration.
432. Paragraph 66(4)(a) of the Act is replaced by the following:
(a) shall not be a member of the Board but has, for the purposes of the adjudication, all the powers, rights and privileges of the Board other than the power to make regulations under section 12 of this Act or section 36 of the Public Service Labour Relations and Employment Board Act; and
Marginal note:1992, c. 1, s. 111
433. Section 66.1 of the Act is replaced by the following:
Marginal note:Powers of adjudicator
66.1 An adjudicator has, for the purposes of the adjudication of a grievance respecting a matter referred to in paragraph 63(1)(a), (b) or (c) that is referred to adjudication, the powers that the Board has under paragraph 15(d) of this Act and paragraphs 20(a) and (d) to (f) of the Public Service Labour Relations and Employment Board Act, in relation to the hearing or determination of a proceeding before it.
434. Paragraph 68(2)(b) of the Act is replaced by the following:
(b) deposit a copy of the decision with the Board.
435. Subsection 69(2) of the Act is replaced by the following:
Marginal note:If no adjudicator named in agreement
(2) If a grievance is referred to adjudication but is not referred to an adjudicator named in a collective agreement, and the employee, whose grievance it is, is represented in the adjudication proceedings by the bargaining agent for the bargaining unit to which the employee belongs, the bargaining agent, subject to subsection (3), is liable to pay and shall remit to the Board any part of the costs of the adjudication that may be determined by the Chairperson with the Board’s approval.
436. Section 72 of the Act and the heading “Review of Orders” before it are replaced by the following:
Review of Decisions
Marginal note:No review by court
72. (1) Except as provided in this Part, every award or decision of an arbitrator appointed under section 49 or an adjudicator is final and shall not be questioned or reviewed in any court.
Marginal note:No review by injunction, etc.
(2) No order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator appointed under section 49 or an adjudicator in any of the proceedings of the arbitrator or adjudicator.
437. Section 78 of the Act and the heading before it are replaced by the following:
Protection
Marginal note:Evidence respecting information obtained
78. No adjudicator, conciliator or person appointed by the Board and no arbitrator appointed under section 49 shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of his or her duties under this Part.
Transitional Provision
Marginal note:Continuation of proceedings
438. Every proceeding commenced under the Parliamentary Employment and Staff Relations Act before the day on which subsection 366(1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.
R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act
Amendment to the Act
Marginal note:1990, c. 8, s. 8; 2003, c. 22, s. 262(E)
439. Paragraph 28(1)(i) of the Federal Courts Act is replaced by the following:
(i) the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act;
(i.1) adjudicators as defined in subsection 2(1) of the Public Service Labour Relations Act;
Transitional Provision
Marginal note:Applications for judicial review
440. A decision of an adjudicator, as defined in subsection 2(1) of the Public Service Labour Relations Act, in respect of which an application for judicial review has been made before the day on which subsection 366(1) of this Act comes into force is to be dealt with as if that subsection had not come into force.
2009, c. 2, s. 394Public Sector Equitable Compensation Act
Amendment to the Act
441. The definition “Board” in subsection 2(1) of the Public Sector Equitable Compensation Act is replaced by the following:
“Board”
« Commission »
“Board” means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act.
442. The heading “PUBLIC SERVICE LABOUR RELATIONS BOARD” before section 25 of the Act is replaced by the following:
PUBLIC SERVICE LABOUR RELATIONS AND EMPLOYMENT BOARD
443. Subsection 25(2) of the Act is replaced by the following:
Marginal note:Regulations
(2) The Board may make regulations concerning the procedure in respect of the making of complaints under this Act and any other matter that is incidental or conducive to the exercise of its powers and the performance of its duties and functions under this Act.
444. Subsection 28 of the Act is replaced by the following:
Marginal note:Notice to employee
28. If the Board decides not to deal with a complaint filed with it under this Act, it shall send a written notice of its decision and the reasons for it to the employee who filed the complaint and to the employer or bargaining agent, as the case may be — or, in the case of a complaint filed under section 24, to the employer and the bargaining agent — to whom the complaint relates.
Transitional Provision
Marginal note:Continuation of proceedings
445. Every proceeding commenced under the Public Sector Equitable Compensation Act before the day on which subsection 366(1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.
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