An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (S.C. 2019, c. 28)

Marginal note:No application within specified period

• 20 (1) If no application for an order under subsection 18(1) is made within the period specified in subsection 18(2), the Regulator or any bargaining agent bound by a collective agreement or arbitral award that is continued in force under subsection 16(1) may apply to the Board for an order granting leave to give to the other party, under section 105 of the Federal Public Sector Labour Relations Act, a notice to bargain collectively.

• Marginal note:When application may be made

  (2) The application may be made only during the period beginning on the 151st day after the commencement day and ending on the 240th day after the commencement day.

Marginal note:Notice to bargain given before commencement day

21 A notice to bargain collectively that was given before the commencement day does not bind the Regulator and a new notice to bargain collectively may be given only in the circumstances set out in paragraph 23(b).

Marginal note:Duty to observe conditions

22 If a notice to bargain collectively is given before the commencement day, then, unless the Regulator and the bargaining agent agree otherwise, the conditions of employment continued in force under section 107 of the Federal Public Sector Labour Relations Act are binding on the Regulator, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the commencement day until

• (a) if no application is made under paragraph 23(a), the expiry of 150 days after the commencement day; or

• (b) if such an application is made, the day the notice referred to in paragraph 23(b) is given.

Marginal note:Application and notice to bargain collectively

23 If a notice to bargain collectively is given before the commencement day,

• (a) on application by the Regulator or by the bargaining agent, made during the period beginning on the 120th day after the commencement day and ending on the 150th day after that day, the Board must make an order determining

  • (i) whether the employees of the Regulator who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and

  • (ii) which employee organization is to be the bargaining agent for the employees in each such unit; and

• (b) if the Board makes the determinations under paragraph (a), the Regulator or the bargaining agent may, by notice given under section 105 of the Federal Public Sector Labour Relations Act, require the other to commence collective bargaining for the purpose of entering into a collective agreement.

Marginal note:Inquiry and votes

24 Before making an order under subsection 18(1) or paragraph 23(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order.

Marginal note:Consideration of classification

• 25 (1) For the purposes of paragraphs 18(1)(a) and 23(a), in determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the Regulator’s classification of persons and positions, including the occupational groups or subgroups established by it.

• Marginal note:Unit co-extensive with occupational groups

  (2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the Regulator, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining.

Marginal note:Determination of questions of membership in bargaining units

26 On application by the Regulator or the employee organization affected by the establishment of the Regulator, the Regulator must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board under paragraph 18(1)(a) or 23(a) to constitute a unit appropriate for collective bargaining or is included in any other unit.

Marginal note:Employer participation

• 27 (1) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 18(1)(b) or 23(a) if it considers that the Regulator, or a person acting on behalf of the Regulator, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit.

• Marginal note:Discrimination

  (2) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 18(1)(b) or 23(a) if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.

Marginal note:Application of Federal Public Sector Labour Relations Act

• 28 (1) The provisions of Part 1 of the Federal Public Sector Labour Relations Act, and any rules or regulations made under that Act, apply to, or in respect of, the following and any matter related to the following:

  • (a) an application made to the Board under any of sections 17 to 20, 23 and 26;

  • (b) an order made by the Board under any of sections 18 to 20 and 23;

  • (c) a determination of the Board made under any of sections 18, 23 and 26 and a bargaining unit, bargaining agent or employee or class of employees that is the subject of such a determination;

  • (d) a collective agreement or arbitral award that is continued in force under subsection 16(1); and

  • (e) collective bargaining that is commenced after the receipt of a notice referred to in section 19 or 20 or paragraph 23(b) and a collective agreement that is entered into following such collective bargaining.

• Marginal note:Powers, duties and functions of Board

  (2) The Board has, for the purposes of performing its duties and functions under any of sections 17 to 27, the powers conferred on it under Part 1 of the Federal Public Sector Labour Relations Act, and it must perform the duties and functions imposed on it under that Part in respect of those powers.

• Marginal note:Inconsistency

  (3) In the event of any inconsistency between sections 17 to 27 and the provisions of Part 1 of the Federal Public Sector Labour Relations Act, or anything issued, made or established under that Act, those sections 17 to 27 prevail to the extent of the inconsistency.

Marginal note:Persons not represented

29 The conditions of employment of persons who are not represented by a bargaining agent or who are excluded from a bargaining unit and who, on the commencement day, occupy their position within the Regulator continue to apply until new conditions of employment for those persons are established.

Marginal note:Complaints

30 The provisions of Division 13 of Part 1 of the Federal Public Sector Labour Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any complaint made under that Division before that day that relates to the National Energy Board.

Marginal note:Grievances

• 31 (1) The provisions of Part 2 of the Federal Public Sector Labour Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any grievance presented under that Part before that day by an employee of the National Energy Board.

• Marginal note:Implementation of decision

  (2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of an employee or the payment of money to an employee must be implemented by the Regulator as soon as feasible.

Marginal note:Matter referred to Board

32 The provisions Part 2 of the Federal Public Sector Labour Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any matter referred to the Board under that Part before that day that relates to the National Energy Board.

Marginal note:Decisions and orders

33 Every decision or order made by the National Energy Board is considered to have been made under the Canadian Energy Regulator Act and may be enforced as such.

Marginal note:Certificates, licences and permits

• 34 (1) Every certificate, licence or permit issued by the National Energy Board is considered to have been issued under the Canadian Energy Regulator Act and, unless suspended or revoked under that Act, every certificate, licence or permit remains in force for the remainder of the period during which it would have been in force had the Canadian Energy Regulator Act not come into force.

• Marginal note:Suspensions

  (2) Every certificate, licence or permit referred to in subsection (1) that was suspended immediately before the commencement day is considered to be suspended under the Canadian Energy Regulator Act.