GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Public Sector Labour Relations Act — P-33.3 248
Payment of witness fees 248 A person who is summoned by an arbitration board, a public interest commission or an adjudicator to attend as a witness at any proceeding under this Act is entitled to receive fees and allowances for so attending that are equal to those to which the person would be entitled if summoned to attend before the Federal Court. 2003, c. 22, s. 2 “248”; 2013, c. 40, s. 389
Federal Public Sector Labour Relations Act — P-33.3 249
Facilities and human resources 249 The Chief Administrator of the Administrative Tribunals Support Service of Canada must provide members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) with the facilities and human resources necessary to enable them to carry out their functions under this Act. 2003, c. 22, s. 2 “249”; 2014, c. 20, s. 481
Federal Public Sector Labour Relations Act — P-33.3 250
Application of safety or security provisions 250 (1) Nothing in this Act or any other Act is to be construed as requiring the employer to do or refrain from doing anything that is contrary to any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or of any state allied or associated with Canada. Order is conclusive proof (2) For the purposes of subsection (1), an order made by the Governor in Council is conclusive proof of the matters stated in it in relation to the giving or making of any instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
Federal Public Sector Labour Relations Act — P-33.3 252
Review 252 Five years after the day on which this section comes into force, the minister designated by the Governor in Council for the purposes of this section must cause a review of this Act and its administration and operation to be conducted, and cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.
Federal Public Sector Labour Relations Act — P-33.3 36
Definitions 36 (1) The following definitions apply in this Division. Chairperson means the Chairperson of the new Board. ( président ) former Act means the Public Service Staff Relations Act , being chapter P-35 of the Revised Statutes of Canada, 1985. ( ancienne loi ) former Board means the Public Service Staff Relations Board established by section 11 of the former Act. ( ancienne Commission ) new Act means the Public Service Labour Relations Act , enacted by section 2 of this Act. ( nouvelle loi ) new Board means the Public Service Labour Relations Board established by section 12 of the new Act. ( nouvelle Commission ) Meaning of other words (2) Words and expressions used in this Division have the same meaning as in the former Act or the new Act, as the context requires.
Federal Public Sector Labour Relations Act — P-33.3
Chairperson means the Chairperson of the new Board. ( président )
Federal Public Sector Labour Relations Act — P-33.3
former Act means the Public Service Staff Relations Act , being chapter P-35 of the Revised Statutes of Canada, 1985. ( ancienne loi )
Federal Public Sector Labour Relations Act — P-33.3
former Board means the Public Service Staff Relations Board established by section 11 of the former Act. ( ancienne Commission )
Federal Public Sector Labour Relations Act — P-33.3
new Act means the Public Service Labour Relations Act , enacted by section 2 of this Act. ( nouvelle loi )
Federal Public Sector Labour Relations Act — P-33.3
new Board means the Public Service Labour Relations Board established by section 12 of the new Act. ( nouvelle Commission )
Federal Public Sector Labour Relations Act — P-33.3 37
Certain members continue 37 Each member of the former Board, other than the Deputy Chairpersons, holding office immediately before the day on which section 12 of the new Act comes into force continues to hold office and is deemed to have been appointed under that section to hold office for the remainder of the term for which he or she had been appointed before the coming into force of that section.
Federal Public Sector Labour Relations Act — P-33.3 38
Deputy Chairpersons 38 The Deputy Chairpersons of the former Board cease to hold office on the day on which section 12 of the new Act comes into force.
Federal Public Sector Labour Relations Act — P-33.3 39
Transfer of proceedings 39 (1) Subject to this Division, any proceeding that the former Board was seized of immediately before the day on which section 12 of the new Act comes into force is transferred to the new Board to be disposed of in accordance with the new Act. Continuing jurisdiction of Deputy Chairperson (2) A Deputy Chairperson of the former Board may, at the request of the Chairperson, continue to hear, consider or decide any matter that was before the Deputy Chairperson before the day on which section 12 of the new Act comes into force and in respect of which there was any proceeding in which he or she participated. Powers (3) For the purposes of subsection (2), a Deputy Chairperson may exercise any of the powers of a panel of the new Board. Refusal to complete duties (4) If a Deputy Chairperson who was a member of a panel refuses to continue to hear, consider or decide any matter referred to in subsection (2), the chairperson of the panel may continue to hear, consider or decide the matter or the Chairperson may remove that matter from the panel and hear, consider or decide that matter or assign a Vice-Chairperson or a panel of the new Board to do so on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties. Supervision by Chairperson (5) The Chairperson has supervision over and direction of the work of any Deputy Chairperson who continues to hear, consider or decide a matter under subsection (2).
Federal Public Sector Labour Relations Act — P-33.3 40
Fees and expenses 40 A Deputy Chairperson of the former Board who continues to hear, consider or decide a matter under subsection 39(2) (a) is to be paid the fees for his or her 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 his or her ordinary place of residence.
Federal Public Sector Labour Relations Act — P-33.3 41
Limitation period 41 The Chairperson may withdraw from a Deputy Chairperson of the former Board any matter referred to in subsection 39(2) that is not disposed of within one year after the day on which section 12 of the new Act comes into force and determine the matter or assign it to a panel of the new Board on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.
Federal Public Sector Labour Relations Act — P-33.3 42
Secretary of former Board 42 (1) The person who, immediately before the day on which section 48 of the new Act comes into force, held the office of secretary of the former Board is deemed to have been appointed to the office of Executive Director of the new Board, without prejudice to any salary and benefits he or she may receive by virtue of having held that office before that day. Officers and employees (2) Nothing in the new Act affects the status of any person who was an officer or employee of the former Board immediately before the day on which section 49 of the new Act comes into force, except that, as of that day, the person is an officer or employee, as the case may be, of the new Board.
Federal Public Sector Labour Relations Act — P-33.3 43
Rights and obligations transferred 43 All rights and property held by or in the name of or in trust for the former Board and all obligations and liabilities of the former Board are deemed to be rights, property, obligations and liabilities of the new Board.
Federal Public Sector Labour Relations Act — P-33.3 44
References 44 Every reference to the former Board in a deed, contract or other document executed by the former Board in its own name is to be read as a reference to the new Board, unless the context otherwise requires.
Federal Public Sector Labour Relations Act — P-33.3 45
Transfer of appropriations 45 Any amount appropriated, for the fiscal year that includes the day on which section 12 of the new Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Board and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Board.
Federal Public Sector Labour Relations Act — P-33.3 46
Continuation of legal proceedings 46 Any action, suit or other proceeding, to which the former Board is a party, that is pending in any court on the day on which section 12 of the new Act comes into force may be continued by or against the new Board in the like manner and to the same extent as it could have been continued by or against the former Board.
Federal Public Sector Labour Relations Act — P-33.3 47
Decisions, etc., continued 47 Every decision, order, determination and declaration made by the former Board is deemed to have been made by the new Board and may be enforced as such.
Federal Public Sector Labour Relations Act — P-33.3 48
Certification continued 48 (1) Each employee organization that, immediately before the day on which section 64 of the new Act comes into force, was certified as the bargaining agent for a bargaining unit continues to be certified as the bargaining agent for the bargaining unit. Effects of certification (2) Section 67 of the new Act applies as though the employee organization had been certified under the new Act.
Federal Public Sector Labour Relations Act — P-33.3 49
Legal officers 49 (1) For the purposes of the new Act, including any application under section 58 of the new Act, an employee who, on or after the day on which the definition managerial or confidential position in subsection 2(1) of that Act comes into force, is employed as a legal officer in the Department of Justice or the Canada Customs and Revenue Agency is deemed not to be included in any unit determined, in accordance with the former Act, to constitute a unit of employees appropriate for collective bargaining. New application required (2) For greater certainty, any employee organization that wishes to represent employees in a bargaining unit that includes one or more employees referred to in subsection (1) must proceed by way of an application under section 54 of the new Act.
Federal Public Sector Labour Relations Act — P-33.3 50
Certain positions continued 50 Every position that was a position referred to in any of paragraphs (a), (b), (e), (f) and (g) of the definition managerial or confidential position in subsection 2(1) of the former Act immediately before the day on which the definition managerial or confidential position in subsection 2(1) of the new Act comes into force is deemed, as of that day, to be a managerial or confidential position within the meaning of subsection 2(1) of the new Act.
Federal Public Sector Labour Relations Act — P-33.3 51
Process for resolution of disputes 51 The process for resolution of a dispute specified by a bargaining agent for a bargaining unit and recorded by the former Board continues to be the process applicable to that bargaining unit until it is changed in accordance with the new Act.
Federal Public Sector Labour Relations Act — P-33.3 52
Collective agreements 52 Every collective agreement entered into under the former Act that is in force immediately before the day on which the definition collective agreement in subsection 2(1) of the new Act comes into force is deemed to be a collective agreement entered into under the new Act and continues in force until its term expires.
Federal Public Sector Labour Relations Act — P-33.3 53
Arbitral awards 53 Every arbitral award made under the former Act that is in force immediately before the day on which the definition arbitral award in subsection 2(1) of the new Act comes into force is deemed to be an arbitral award made under the new Act and continues in force until its term expires.
Federal Public Sector Labour Relations Act — P-33.3 54
Conciliators 54 Every person appointed as a conciliator under section 53 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with that section and section 54 of the former Act, as those sections read immediately before that day, except that the references to “Chairperson” in section 54 of the former Act are to be read as references to the Chairperson of the new Board.
Federal Public Sector Labour Relations Act — P-33.3 55
Fact finders 55 Every person appointed as a fact finder under section 54.1 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with section 54.4 of the former Act, as that section read immediately before that day and sections 54.1 to 54.6 of the former Act, as those sections read immediately before that day, apply after that day to the parties being assisted by the fact finder, except that the references in those sections to (a) “Board” are to be read as references to the new Board; and (b) “Chairperson” are to be read as references to the Chairperson of the new Board.
Federal Public Sector Labour Relations Act — P-33.3 56
Section 61 of the former Act 56 Every person to whom terms and conditions were referred under section 61 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with the provisions of the former Act as they read immediately before that day.
Federal Public Sector Labour Relations Act — P-33.3 57
Arbitration 57 (1) The following rules apply to requests for arbitration made before the day on which section 136 of the new Act comes into force and for which no arbitral award had been made before that day: (a) if no arbitration board had been established or arbitrator appointed before that day, the request is to be dealt with as though it had been made under section 136 of the new Act; (b) if an arbitrator had been appointed before that day, the arbitrator is deemed to be an arbitration board consisting of a single member established under section 139 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act; and (c) if an arbitration board had been established before that day, the arbitration board is deemed to be an arbitration board consisting of three members established under section 140 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act. Restriction (2) For greater certainty, an arbitral award may be made under subsection (1) only in respect of a term or condition of employment that could have been embodied in an arbitral award made under the former Act as it read immediately before the day on which section 140 of the new Act comes into force.
Federal Public Sector Labour Relations Act — P-33.3 58
Provisions of former Act apply 58 (1) If, before the day on which section 105 of the new Act comes into force, a notice to bargain collectively was given under the former Act in respect of a bargaining unit for which the process for resolution of a dispute is conciliation and no collective agreement was entered into before that day as a result of the notice, paragraphs (a) to (c) apply to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit until a collective agreement is entered into: (a) sections 76 to 90.1 and sections 102 to 107 of the former Act, as those sections read immediately before that day, apply on and after that day, except that references in those sections to (i) “Board” are to be read as references to the new Board, (ii) “Chairperson” are to be read as references to the Chairperson of the new Board, and (iii) “Minister” are to be read as references to the Minister within the meaning of subsection 2(1) of the new Act; (b) a designation review panel established before that day may continue to act on and after that day; and (c) a conciliation commissioner appointed or a conciliation board established before that day may continue to act on and after that day. Non-application (2) For greater certainty, if subsection (1) applies to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit, Divisions 8, 10, 11 and 14 of Part 1 of the new Act do not apply to them until a collective agreement is entered into.
Federal Public Sector Labour Relations Act — P-33.3 59
Complaints referred to in par. 23(1)(b) of former Act 59 Every complaint referred to in paragraph 23(1)(b) of the former Act that was not finally disposed of by the former Board before the day on which section 221 of the new Act comes into force is deemed, for the purpose of the new Act, to be a policy grievance that has been referred to adjudication and, if a panel of the former Board had commenced to hear the complaint, that panel is, subject to section 39, deemed to be an adjudicator or a board of adjudication, as the case may be.
Federal Public Sector Labour Relations Act — P-33.3 60
Complaints referred to in par. 23(1)(c) of former Act 60 Complaints referred to in paragraph 23(1)(c) of the former Act that were not finally disposed of by the former Board before the day on which section 234 of the new Act comes into force are deemed to have been withdrawn immediately before that day.
Federal Public Sector Labour Relations Act — P-33.3 61
Former Act applies 61 (1) Subject to subsection (5), every grievance presented in accordance with the former Act that was not finally dealt with before the day on which section 208 of the new Act comes into force is to be dealt with on and after that day in accordance with the provisions of the former Act, as they read immediately before that day. Adjudicators (2) For the purposes of subsection (1), an adjudicator under the former Act may continue to hear, consider or decide any grievance referred to him or her before the day on which section 209 of the new Act comes into force, except that if the adjudicator was a member of the former Board, he or she may do so only if requested to do so by the Chairperson. Supervision by Chairperson (3) The Chairperson has supervision over and direction of the work of any member of the former Board who continues to hear, consider or decide a grievance under subsection (2). Refusal to complete duties (4) If an adjudicator under the former Act refuses to continue to hear, consider or decide a grievance referred to in subsection (2), the Chairperson may, on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties, refer the grievance to a member of the new Board. Appointment after commencement day (5) If a grievance referred to in subsection (1) is referred to adjudication after the day on which section 209 of the new Act comes into force, the provisions of the new Act apply with respect to the appointment of the adjudicator. Powers (6) For the purposes of subsections (2) and (5), the adjudicator may exercise any of the powers an adjudicator under the former Act could have exercised under that Act.
Federal Public Sector Labour Relations Act — P-33.3 62
Fees and expenses 62 Each adjudicator under the former Act who continues to hear, consider or decide a grievance under subsection 61(2) who, at the time of his or her appointment, was a member of the former Board or an adjudicator referred to in paragraph 95(2)(a.1) of the former Act (a) is to be paid the fees that may be fixed by the Governor in Council; and (b) is entitled to be paid reasonable travel and living expenses incurred while doing so during any period of absence from his or her ordinary place of residence.
Federal Public Sector Labour Relations Act — P-33.3 63
Limitation period 63 The Chairperson may withdraw from any member of the former Board any grievance referred to in subsection 61(2) that is not disposed of within one year after the day on which section 209 of the new Act comes into force and the Chairperson may, on any terms and conditions that he or she may specify for the protection and preservation of the rights and interests of the parties, refer the matter to a member of the new Board.
Federal Public Sector Labour Relations Act — P-33.3 64
Events giving rise to individual grievances 64 Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral award, an individual grievance may be presented on or after the day on which section 208 of the new Act comes into force in respect of any event that occurred before that day and that would have given rise to a right to grieve under section 91 of the former Act, as that section read immediately before that day.
Federal Public Sector Labour Relations Act — P-33.3 65
Events giving rise to policy grievances 65 Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral award, a policy grievance may be presented on or after the day on which section 220 of the new Act comes into force in respect of any event that occurred before that day if the matter could have been referred to the former Board under section 99 of the former Act, as that section read immediately before that day.
Federal Public Sector Labour Relations Act — P-33.3 66
Former adjudication orders 66 Every order made by an adjudicator under the former Act is deemed to be an order made by an adjudicator under the new Act and may be enforced as such.
Federal Public Sector Labour Relations Act — P-33.3 396
Powers of Board 396 (3) The Board has, in relation to a complaint referred to it, in addition to the powers conferred on it under the Federal Public Sector Labour Relations Act , the power to interpret and apply sections 7, 10 and 11 of the Canadian Human Rights Act , and the Equal Wages Guidelines, 1986 , in respect of employees, even after the coming into force of subsection 425 (1) of the Budget Implementation Act 2018, No. 2 .