GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Public Sector Labour Relations Regulations — 91
Deadline — establishment of board of adjudication 91 (1) The party that receives a copy of a notice of a reference to adjudication may, no later than 15 days after receipt of the notice, (a) if the notice contains a request for the establishment of a board of adjudication, object to the establishment of a board or file a document specifying the name of their nominee as member of the board; or (b) in any other case, request the establishment of a board of adjudication. Deadline — establishment of board of adjudication (2) Where the party that receives a copy of a notice of a reference to adjudication requests the establishment of a board of adjudication, the other party may, no later than 15 days after being provided with a copy of the request, object to the establishment of the board or file a document specifying the name of their nominee as a member of the board.
Federal Public Sector Labour Relations Regulations — 92
Notice to Canadian Human Rights Commission 92 (1) A notice of a human rights issue under subsection 210(1), 217(1) or 222(1) of the Act must be given to the Canadian Human Rights Commission, together with a copy of the grievance and the notice of the reference to adjudication. Form and contents (1.1) The notice must be filed with the Canadian Human Rights Commission and signed by the party raising the issue or their authorized representative, as the case may be, and contain the following information: (a) the name and contact information of the party raising the issue involving the interpretation or application of the Canadian Human Rights Act and of their authorized representative, if any; (b) the description of the issue involving the interpretation or application of the Canadian Human Rights Act ; (c) the prohibited ground of discrimination involved; (d) the corrective action sought; and (e) the date of the notice. Copies of notice (2) The person who gives the notice must send a copy of it to the Board, the other party, any intervenors and every person in receipt of a copy of the notice of the reference to adjudication by virtue of section 4, unless that person has notified the Board in writing that the person does not wish to receive a copy of subsequent documents. SOR/2014-251, s. 24 SOR/2020-43, s. 46 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 93
Deadline for notice of intention to make submissions 93 (1) The Canadian Human Rights Commission may, no later than 15 days after being notified of a human rights issue under subsection 210(1), 217(1) or 222(1) of the Act, notify the Board of whether or not it intends to make submissions regarding the issue raised in the notice. Attachments (2) The Canadian Human Rights Commission must submit a copy of the grievance and the notice of the reference to adjudication together with its notice. Copies of notice (3) On receipt of the notice, the Board must provide copies to the parties and the intervenors. SOR/2014-251, s. 25 SOR/2020-43, s. 47
Federal Public Sector Labour Relations Regulations — 94
Participation in mediation 94 (1) The parties must participate in the mediation provided by the Board, unless a party notifies the Board in writing, no later than 15 days after the party that did not refer the grievance to adjudication, receives a copy of the notice of the reference to adjudication that it does not intend to participate. Request to mediate (2) Despite subsection (1), a party may, after notifying the Board of its intention not to participate in mediation, and with the agreement of the other party, request mediation of the grievance. SOR/2014-251, s. 26
Federal Public Sector Labour Relations Regulations — 95
Deadline for raising objections 95 (1) A party may, no later than 30 days after being provided with a copy of the notice of the reference to adjudication, (a) raise an objection on the grounds that the time limit prescribed in this Part or provided for in a collective agreement for the presentation of a grievance at a level of the grievance process has not been met; or (b) raise an objection on the grounds that the time limit prescribed in this Part or provided for in a collective agreement for the reference to adjudication has not been met. Objection may not be raised (2) The objection referred to in paragraph (1)(a) may be raised only if the grievance was rejected at the level at which the time limit was not met and at all subsequent levels of the grievance process for that reason. Objection raised (3) If the party raises an objection referred to in subsection (1), it must provide a statement in writing giving details regarding its objection to the Board. SOR/2014-251, s. 27
Federal Public Sector Labour Relations Regulations — 96
Filing with the Board 96 An employer or deputy head or, in the case of a policy grievance, the party that did not refer the grievance to adjudication must, no later than 30 days after the day on which that party was provided with a copy of the notice of the reference to adjudication, file with the Board a copy of the decision that was made in respect of the grievance at each level of the applicable grievance process. SOR/2014-251, s. 28
Federal Public Sector Labour Relations Regulations — 97
Documentation 97 (1) If a grievance relates to the interpretation or application of a provision of a collective agreement or arbitral award, the party referring the grievance to adjudication must, before or at the hearing, provide a copy of the collective agreement or arbitral award to the adjudicator or the Board, as the case may be, to the other party or its authorized representative, if any, to the intervenors and, if notice to the Canadian Human Rights Commission is given under subsection 210(1), 217(1) or 222(1) of the Act, to the Canadian Human Rights Commission. Bilingualism (2) The document must be filed in both official languages, if it exists in both languages. SOR/2014-251, s. 29 SOR/2020-43, s. 48 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 98
98 (1) [Repealed, SOR/2014-251, s. 30] Consolidation by adjudicator (2) To ensure the expeditious resolution of proceedings, an adjudicator may direct that any proceedings before the adjudicator be consolidated with any other proceeding before the adjudicator and may issue directions in respect of the conduct of the consolidated proceeding. SOR/2014-251, s. 30
Federal Public Sector Labour Relations Regulations — 99
Addition of party or intervenor 99 (1) Any person with a substantial interest in a grievance may apply to the Board or the adjudicator, as the case may be, to be added as a party or an intervenor. Representations (2) The Board or the adjudicator may, after giving the parties the opportunity to make representations in respect of the application, add the person as a party or an intervenor. SOR/2014-251, s. 31
Federal Public Sector Labour Relations Regulations — 100
Insufficient information 100 (1) The Board or an adjudicator may, on their own initiative or at the request of a party or an intervenor, in a proceeding before the Board or the adjudicator, as the case may be, request that information contained in any document filed by any other party or any other intervenor be made more complete or specific. Striking out information (2) The Board or an adjudicator may, after giving the party or intervenor to whom the request was made the opportunity to reply to the request, strike from the document the information that is incomplete or insufficiently specific. SOR/2014-251, s. 31
Federal Public Sector Labour Relations Regulations — 101
Notice of pre-hearing conference 101 Unless the matter is urgent, the Board must provide the parties and intervenors with notice of a pre-hearing conference at least three days before the day that is fixed for it. SOR/2014-251, s. 31
Federal Public Sector Labour Relations Regulations — 102
Notice of hearing 102 (1) Unless the matter is urgent, the Board must provide the parties, intervenors and, if notice to the Canadian Human Rights Commission is given under subsection 210(1), 217(1) or 222(1) of the Act, the Canadian Human Rights Commission with a notice of a hearing at least seven days before the day that is fixed for it. Failure to attend (2) If a person who is provided with a notice of hearing fails to attend the hearing or any continuance of it, the Board or the adjudicator, as the case may be, may proceed with the hearing and dispose of the matter without further notice to that person. SOR/2014-251, s. 31
Federal Public Sector Labour Relations Regulations — 103
Contents of summons application 103 The Board or an adjudicator, if necessary for the fair and expeditious resolution of the proceedings before the Board or adjudicator, as the case may be, may require that an application for a summons contain the name and address of the witness to be summoned and a statement of the evidence that the witness is expected to give at the hearing. SOR/2014-251, s. 31
Federal Public Sector Labour Relations Regulations — 104
Document adduced as evidence 104 (1) Any document adduced as evidence must be filed at the hearing with a copy for the Board or the adjudicator, as the case may be, for each party, for each intervenor and, if notice to the Canadian Human Rights Commission was given under subsection 210(1), 217(1) or 222(1) of the Act, for the Canadian Human Rights Commission. Bilingualism (2) The document must be filed in both official languages, if it exists in both languages. SOR/2014-251, s. 32 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 105
Adjournment of hearings 105 The Board or adjudicator may adjourn a hearing before the Board or adjudicator, as the case may be, and specify the day, time, place and terms of its continuance. SOR/2014-251, s. 33
Federal Public Sector Labour Relations Regulations — 106
Withdrawal from a group grievance 106 A bargaining agent who receives a notice of withdrawal from a group grievance referred to in section 218 of the Act after the grievance has been referred to adjudication must provide a copy of the notice to the Board. SOR/2014-251, s. 33
Federal Public Sector Labour Relations Regulations — 107
Transitional 107 The P.S.S.R.B Regulations and Rules of Procedure, 1993 continue to apply after the coming into force of section 108 in respect of all proceedings to which the Public Service Staff Relations Act , chapter P-35 of the Revised Statutes of Canada, 1985, continues to apply as provided under Part 5 of the Public Service Modernization Act , chapter 22 of the Statutes of Canada, 2003.
Federal Public Sector Labour Relations Regulations — Coming into force
Coming into force * 109 These Regulations come into force on the day on which section 12 of Part 1 of the Public Service Modernization Act , chapter 22 of the Statutes of Canada, 2003, comes into force. * [Note: Regulations in force April 1, 2005, see SI/2005-22.]
Federal Public Sector Labour Relations Regulations — 58
Other references 58 (3) Unless the context requires otherwise, every reference to the Public Service Labour Relations Act in any provision of a regulation , as defined in section 2 of the Statutory Instruments Act , made under an Act of Parliament, other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations Act .
Saskatchewan Review of Parole Ineligibility Rules — a
The Chief Justice of the Court of Queen’s Bench for Saskatchewan, pursuant to subsection 745.64(1) a of the Criminal Code , hereby makes the annexed Saskatchewan Review of Parole Ineligibility Rules . a S.C. 1996, ch. 34, s. 2(2)
Saskatchewan Review of Parole Ineligibility Rules — 1
1 The following definitions apply in these Rules. Act means the Criminal Code . ( Loi ) applicant means a person who makes an application and includes, according to the context, counsel acting for that person. ( requérant ) application means an application for a reduction of the number of years of imprisonment without eligibility for parole made pursuant to subsection 745.6(1) of the Act. ( demande ) Attorney General means the Attorney General of Saskatchewan and includes counsel acting for the Attorney General. ( procureur général ) Chief Justice means the Chief Justice of the Court of Queen’s Bench for Saskatchewan and includes, according to the context, a judge designated pursuant to subsection 745.61(1) of the Act to determine whether there is a reasonable prospect that an application will succeed. ( juge en chef ) judge means a judge of the Court of Queen’s Bench for Saskatchewan. ( juge ) local registrar means a local registrar of the Court of Queen’s Bench for Saskatchewan. ( greffier local ) presiding judge means the judge designated by the Chief Justice pursuant to subsection 745.61(5) of the Act to empanel a jury. ( juge qui préside )
Saskatchewan Review of Parole Ineligibility Rules — Saskatchewan Review of Parole Ineligibility Rules
applicant means a person who makes an application and includes, according to the context, counsel acting for that person. ( requérant )
Saskatchewan Review of Parole Ineligibility Rules — Saskatchewan Review of Parole Ineligibility Rules
application means an application for a reduction of the number of years of imprisonment without eligibility for parole made pursuant to subsection 745.6(1) of the Act. ( demande )
Saskatchewan Review of Parole Ineligibility Rules — Saskatchewan Review of Parole Ineligibility Rules
Attorney General means the Attorney General of Saskatchewan and includes counsel acting for the Attorney General. ( procureur général )
Saskatchewan Review of Parole Ineligibility Rules — Saskatchewan Review of Parole Ineligibility Rules
Chief Justice means the Chief Justice of the Court of Queen’s Bench for Saskatchewan and includes, according to the context, a judge designated pursuant to subsection 745.61(1) of the Act to determine whether there is a reasonable prospect that an application will succeed. ( juge en chef )
Saskatchewan Review of Parole Ineligibility Rules — Saskatchewan Review of Parole Ineligibility Rules
judge means a judge of the Court of Queen’s Bench for Saskatchewan. ( juge )
Saskatchewan Review of Parole Ineligibility Rules — Saskatchewan Review of Parole Ineligibility Rules
local registrar means a local registrar of the Court of Queen’s Bench for Saskatchewan. ( greffier local )
Saskatchewan Review of Parole Ineligibility Rules — Saskatchewan Review of Parole Ineligibility Rules
presiding judge means the judge designated by the Chief Justice pursuant to subsection 745.61(5) of the Act to empanel a jury. ( juge qui préside )
Saskatchewan Review of Parole Ineligibility Rules — 2
2 (1) An application shall be in writing in Form A set out in the schedule and shall contain a statement of (a) the applicant’s given names and surname, any other names that the applicant may have used and the date of birth of the applicant; (b) the name and location of the institution in which the applicant is detained; (c) the offence that is the subject of the application, the sentence imposed, the dates of conviction, sentencing and imprisonment and the place of the trial; (d) the number of years of imprisonment without eligibility for parole imposed on the applicant; (e) the length of time served by the applicant for the offence that is the subject of the application; (f) the name and location of each institution in which the applicant has been detained since the date of the arrest for the offence that is the subject of the application and the date of entry into each of those institutions; (g) the applicant’s criminal record; (h) the reasons to be relied on in support of the application; (i) an outline of the evidence that the applicant intends to rely on in support of the application; and (j) the applicant’s address for service and the name of applicant’s counsel, if any. (2) An application shall be supported by an affidavit of the applicant in Form B set out in the schedule.
Saskatchewan Review of Parole Ineligibility Rules — 3
3 (1) The application and supporting affidavit shall be filed with a local registrar. (2) On receipt of an application, the local registrar shall serve a copy of it on, or cause a copy of it to be served on, (a) the Solicitor General of Canada; (b) the Attorney General; and (c) the officer in charge of the institution in which the applicant is detained. (3) Service of an application may be effected by registered mail, in which case it is deemed to have been effected on the tenth day after the day on which the application was mailed. (4) Proof of service of an application may be established by filing with the local registrar an affidavit of the person who effected the service or by any other means satisfactory to the Chief Justice. (5) On receipt by the local registrar of proof of service of the application in accordance with subrule (4), the local registrar shall deliver the application accompanied by the proof of service to the Chief Justice. (6) Where written materials are filed with the local registrar for a determination of whether there is a reasonable prospect that the application will succeed, the local registrar shall forward a copy of those materials to the parties.
Saskatchewan Review of Parole Ineligibility Rules — 4
4 (1) The Chief Justice may hear oral argument on a determination of whether there is a reasonable prospect that the application will succeed. (2) Where the Chief Justice determines that the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice shall designate a judge under subsection 745.61(5) of the Act to empanel a jury. (3) The designation of that presiding judge shall be in writing and shall be filed with the local registrar. (4) All materials filed in relation to the application shall be forwarded to that presiding judge.
Saskatchewan Review of Parole Ineligibility Rules — 5
5 (1) On receipt of the application, the presiding judge shall determine the date and place of the preliminary conference to be held in connection with the application. (2) The local registrar for the place where the preliminary conference is to be held shall notify the following of the date and place of the preliminary conference: (a) the applicant; (b) the Solicitor General of Canada; and (c) the Attorney General; (d) the officer in charge of the institution in which the applicant is detained. (3) The presiding judge may order the Attorney General to take steps to ensure that the applicant be present on the day and at the place determined for the preliminary conference.
Saskatchewan Review of Parole Ineligibility Rules — 6
6 (1) If the presiding judge considers that subsection 745.6(1) of the Act does not apply to an applicant, the presiding judge shall (a) refer the application back to the Chief Justice; and (b) adjourn the preliminary conference, or the hearing referred to in rule 10, pending a determination by the Chief Justice. (2) If, on a reference pursuant to subrule (1), the Chief Justice determines that subsection 745.6(1) of the Act does not apply to an applicant, the Chief Justice shall dismiss the application. (3) If a jury has been empanelled but the application is dismissed, the presiding judge shall discharge the jury.
Saskatchewan Review of Parole Ineligibility Rules — 7
7 Each party is under a continuing obligation to make full and timely disclosure to the other party of all the evidence on which that party intends to rely at the hearing of the application, including (a) the identity of all proposed witnesses; (b) a witness statement or, where a witness statement is not available, a written summary of the anticipated evidence of each proposed witness; (c) how the evidence of each proposed witness is intended to be presented, whether by oral testimony, written affidavit or otherwise; (d) a copy of each document to which any witness intends to refer; (e) a summary of the qualifications of any expert witness; (f) any expert reports to be produced; and (g) any other evidence on which that party intends to rely at the hearing of the application.
Saskatchewan Review of Parole Ineligibility Rules — 8
8 (1) Preliminary motions or applications intended to be brought by any party may be brought as part of the preliminary conference. (2) At a preliminary conference, the applicant and the Attorney General shall inform the presiding judge of any evidence that they intend to present and of the manner in which they propose to present it. (3) At a preliminary conference, the presiding judge may make any orders and give any directions necessary for the fair and expeditious hearing of the application. (4) The presiding judge may adjourn a preliminary conference as the judge considers appropriate in the interest of justice and resume the preliminary conference on a date and at a place determined by the presiding judge. (5) At a preliminary conference, the presiding judge shall determine the date and place for the hearing of the application.
Saskatchewan Review of Parole Ineligibility Rules — 9
9 (1) At a preliminary conference, the presiding judge shall order that a parole eligibility report be prepared in respect of the applicant with regard to the criteria set out in paragraphs 745.63(1)(a) to (e) of the Act. (2) A parole eligibility report shall be prepared by a person designated by the Solicitor General of Canada and shall contain (a) a summary of the applicant’s social and family background; (b) a summary of the applicant’s classification and discipline evaluations; (c) a summary of the regular reports on the applicant’s conduct; (d) a summary of any psychological and psychiatric assessments that have been made of the applicant; (e) any other information relevant to a complete description of the applicant’s character and conduct; and (f) any other information relevant to the issue of the parole eligibility of the applicant. (3) The parole eligibility report shall be filed without delay after its completion with the local registrar for the place where the preliminary conference is held. (4) On receipt of the parole eligibility report, the local registrar shall deliver a copy of it to the presiding judge, the applicant and the Attorney General. (5) On receipt of the parole eligibility report, the presiding judge shall (a) set a date for the resumption of the preliminary conference; and (b) direct the local registrar to notify the applicant and the Attorney General of the date set. (6) The presiding judge may require the author of the parole eligibility report to attend the preliminary conference in order to clarify the report. (7) The presiding judge at a preliminary conference may decide what parts of the parole eligibility report are to be submitted to the jury.