An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures (S.C. 2017, c. 9)
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Assented to 2017-06-19
34 (1) Subparagraph 240(a)(i) of the Act is replaced by the following:
(i) “arbitration” is to be read as a reference to adjudication under Part 2 or Division 2 of Part 2.1,
(2) Subparagraph 240(a)(v) of the Act is replaced by the following:
(v) a “trade union” is to be read as a reference to an employee organization within the meaning of subsection 2(1) and includes, unless the context otherwise requires, a council of employee organizations within the meaning of that subsection;
2013, c. 40, s. 365Public Service Labour Relations and Employment Board Act
35 The long title of the Public Service Labour Relations and Employment Board Act is replaced by the following:
36 Section 1 of the Act is replaced by the following:
Marginal note:Short title
1 This Act may be cited as the Federal Public Sector Labour Relations and Employment Board Act.
37 The heading “Establishment and Composition” before section 4 of the Act is replaced by the following:
Continuance and Composition
38 (1) Subsection 4(1) of the Act is replaced by the following:
Marginal note:Continuance of Board
4 (1) The Public Service Labour Relations and Employment Board is continued under the name of the Federal Public Sector Labour Relations and Employment Board.
(2) Paragraph 4(2)(c) of the Act is replaced by the following:
(c) not more than 12 other members who are to hold office on a full-time basis; and
39 Section 6 of the Act is amended by adding the following after subsection (1):
Marginal note:Knowledge of police organizations
(1.1) In preparing the list, the Chairperson must take into account the need for the Board to have two members with knowledge of police organizations.
R.S., c. R-10Royal Canadian Mounted Police Act
Marginal note:2013, c. 18, s. 21(1)
40 (1) Subsection 31(1) of the Royal Canadian Mounted Police Act is replaced by the following:
Marginal note:Member’s right
31 (1) Subject to subsections (1.01) to (3), if a member is aggrieved by a decision, act or omission in the administration of the affairs of the Force in respect of which no other process for redress is provided by this Act, the regulations or the Commissioner’s standing orders, the member is entitled to present the grievance in writing at each of the levels, up to and including the final level, in the grievance process provided for by this Part.
(2) Section 31 of the Act is amended by adding the following after subsection (1):
Marginal note:Limitation
(1.01) A grievance that relates to the interpretation or application, in respect of a member, of a provision of a collective agreement or arbitral award must be presented under the Federal Public Sector Labour Relations Act.
Consequential Amendments
R.S., c. C-5Canada Evidence Act
Marginal note:2013, c. 40, s. 448
41 Item 11 of the schedule to the Canada Evidence Act is replaced by the following:
11 The Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act, for the purposes of a grievance process under the Federal Public Sector Labour Relations Act with respect to an employee of the Canadian Security Intelligence Service, with the exception of any information provided to the Board by the employee
R.S., c. C-23Canadian Security Intelligence Service Act
Marginal note:2013, c. 40, s. 449
42 Subsection 8(3) of the Canadian Security Intelligence Service Act is replaced by the following:
Marginal note:Adjudication of employee grievances
(3) When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act.
R.S., c. F-7Federal Courts Act
Marginal note:2003, c. 22, s. 262
43 Paragraph 28(1)(i) of the Federal Courts Act is replaced by the following:
(i) the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act;
R.S., c. F-11Financial Administration Act
Marginal note:2003, c. 22, s. 8
44 Subparagraph 11.1(1)(g)(i) of the Financial Administration Act is replaced by the following:
(i) the manner in which deputy heads in the core public administration may deal with grievances under the Federal Public Sector Labour Relations Act to which they are a party, and the manner in which they may deal with them if the grievances are referred to adjudication under subsection 209(1) or 238.25(1) of that Act, and
1985, c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act
Marginal note:2013, c. 40, s. 425
45 The definition Board in section 3 of the Parliamentary Employment and Staff Relations Act is replaced by the following:
- Board
Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act; (Commission)
Marginal note:2013, c. 40, s. 426
46 The portion of section 9 of the Act before paragraph (a) is replaced by the following:
Marginal note:Application
9 Unless otherwise provided in this Part, the provisions of the Federal Public Sector Labour Relations and Employment Board Act and the Federal Public Sector Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application,
1992, c. 33Status of the Artist Act
Marginal note:2013, c. 40, s. 466
47 Paragraph 9(3)(a) of the Status of the Artist Act is replaced by the following:
(a) employees, within the meaning of the Federal Public Sector Labour Relations Act, including those determined to be employees by the Federal Public Sector Labour Relations and Employment Board, and members of a bargaining unit that is certified by that Board; or
2003, c. 22, ss. 12, 13Public Service Employment Act
Marginal note:2003, c. 40, s. 403(2)
48 The definition Board in subsection 2(1) of the Public Service Employment Act is replaced by the following:
- Board
Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act. (Commission des relations de travail et de l’emploi)
2005, c. 46Public Servants Disclosure Protection Act
Marginal note:2006, c. 9, s. 218
49 Paragraph 51(a) of the Public Servants Disclosure Protection Act is replaced by the following:
(a) the presentation of an individual grievance under subsection 208(1) or section 238.24 of the Federal Public Sector Labour Relations Act; or
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