GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Public Sector Labour Relations Act — P-33.3 222.1
Notice to Accessibility Commissioner 222.1 (1) When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117 (1) of the Accessible Canada Act , that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner , as defined in section 2 of that Act. Standing of Accessibility Commissioner (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). 2019, c. 10, s. 189
Federal Public Sector Labour Relations Act — P-33.3 223
Notice 223 (1) A party who refers a grievance to adjudication must, in accordance with the regulations, give notice of the reference to the Board. Action to be taken by Chairperson (2) If the party specifies in the notice that an adjudicator is named in an applicable collective agreement, that an adjudicator has otherwise been selected by the parties or, if no adjudicator is so named or has been selected, that the party requests the establishment of a board of adjudication, then the Chairperson must, on receipt of the notice by the Board, (a) if the grievance is one arising out of a collective agreement and an adjudicator is named in the agreement, refer the matter to the adjudicator; (b) if the parties have selected an adjudicator, refer the matter to the adjudicator; and (c) if a board of adjudication has been requested and the other party has not objected in the time provided for in the regulations, establish the board and refer the matter to it. Board seized of grievance (2.1) If the notice does not specify any of the things described in subsection (2), or if a board of adjudication has been requested and the other party has objected in the time provided for in the regulations, the Board is seized of the grievance. Conference (3) The Chairperson may, at any time after receipt of the notice, direct the parties to attend a conference in order to attempt to settle or simplify the issues in dispute. 2003, c. 22, s. 2 “223”; 2013, c. 40, s. 374
Federal Public Sector Labour Relations Act — P-33.3 224
Constitution 224 (1) A board of adjudication consists of one member of the Board designated by the Chairperson, who is the chairperson of the board of adjudication, and two other persons, each of whom is nominated by one of the parties. Ineligibility (2) A person is not eligible to be a member of a board of adjudication if the person has any direct interest in or connection with the grievance referred to the board of adjudication, its handling or its disposition.
Federal Public Sector Labour Relations Act — P-33.3 225
Compliance with procedures 225 No grievance may be referred to adjudication until the grievance has been presented at all required levels in accordance with the applicable grievance process. 2003, c. 22, s. 2 “225”; 2013, c. 40, s. 375
Federal Public Sector Labour Relations Act — P-33.3 226
Powers of adjudicator 226 (1) An adjudicator may, in relation to any matter referred to adjudication, exercise any of the powers set out in paragraph 16(d) of this Act and sections 20 to 23 of the Federal Public Sector Labour Relations and Employment Board Act . Powers of adjudicator and Board (2) An adjudicator or the Board may, in relation to any matter referred to adjudication, (a) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act that are related to the right to equal pay for work of equal value, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any; (a.1) interpret and apply the Accessible Canada Act ; (b) give relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act ; (b.1) give relief in accordance with section 102 of the Accessible Canada Act ; and (c) award interest in the case of grievances involving termination, demotion, suspension or financial penalty at a rate and for a period that the adjudicator or the Board, as the case may be, considers appropriate. 2003, c. 22, s. 2 “226”; 2013, c. 40, s. 376; 2017, c. 9, s. 56 2019, c. 10, s. 190
Federal Public Sector Labour Relations Act — P-33.3 228
Hearing of grievance 228 (1) If a grievance is referred to adjudication, the adjudicator or the Board, as the case may be, must give both parties to the grievance an opportunity to be heard. Decision on grievance (2) After considering the grievance, the adjudicator or the Board, as the case may be, must render a decision, make the order that the adjudicator or the Board consider appropriate in the circumstances, and then send a copy of the order  —  and, if there are written reasons for the decision, a copy of the reasons  —  to each party, to the representative of each party and to the bargaining agent, if any, for the bargaining unit to which the employee whose grievance it is belongs. The adjudicator must also deposit a copy of the order and, if there are written reasons for the decision, a copy of the reasons, with the Chairperson. Decision of board of adjudication (3) In the case of a board of adjudication, a decision of a majority of the members on a grievance is deemed to be a decision of the board in respect of the grievance, and the decision must be signed by the chairperson of the board. Decision where majority cannot agree (4) If a majority of members of the board of adjudication cannot agree on the making of a decision, the decision of the chairperson of the board is deemed to be the decision of the board. 2003, c. 22, s. 2 “228”; 2013, c. 40, s. 378
Federal Public Sector Labour Relations Act — P-33.3 229
Decision requiring amendment 229 An adjudicator’s or the Board’s decision may not have the effect of requiring the amendment of a collective agreement or an arbitral award. 2003, c. 22, s. 2 “229”; 2013, c. 40, s. 379
Federal Public Sector Labour Relations Act — P-33.3 230
Determination of reasonableness of opinion 230 In the case of an employee in the core public administration or an employee of a separate agency designated under subsection 209(3), in making a decision in respect of an employee’s individual grievance relating to a termination of employment or demotion for unsatisfactory performance, an adjudicator or the Board, as the case may be, must determine the termination or demotion to have been for cause if the opinion of the deputy head that the employee’s performance was unsatisfactory is determined by the adjudicator or the Board to have been reasonable. 2003, c. 22, s. 2 “230”; 2013, c. 40, s. 379
Federal Public Sector Labour Relations Act — P-33.3 231
Determination of consent requirement 231 An adjudicator or the Board, when seized of a grievance referred to in subparagraph 209(1)(c)(ii), may determine any question relating to whether (a) consent to being deployed was a condition of the employee’s employment; or (b) the employee harassed another person in the course of the employee’s employment. 2003, c. 22, s. 2 “231”; 2013, c. 40, s. 380
Federal Public Sector Labour Relations Act — P-33.3 232
Decision in respect of certain policy grievances 232 If a policy grievance relates to a matter that was or could have been the subject of an individual grievance or a group grievance, an adjudicator’s or the Board’s decision in respect of the policy grievance is limited to one or more of the following: (a) declaring the correct interpretation, application or administration of a collective agreement or an arbitral award; (b) declaring that the collective agreement or arbitral award has been contravened; and (c) requiring the employer or bargaining agent, as the case may be, to interpret, apply or administer the collective agreement or arbitral award in a specified manner. 2003, c. 22, s. 2 “232”; 2013, c. 40, s. 381
Federal Public Sector Labour Relations Act — P-33.3 233
No review by court 233 Subsections 34(1) and (3) of the Federal Public Sector Labour Relations and Employment Board Act apply, with any necessary modifications, to an adjudicator’s orders and decisions. 2003, c. 22, s. 2 “233”; 2013, c. 40, s. 382; 2017, c. 9, s. 56
Federal Public Sector Labour Relations Act — P-33.3 234
Filing of order in Federal Court 234 (1) The Board must, on the request in writing of any person who was a party to the proceedings that resulted in an order of an adjudicator or the Board, as the case may be, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the opinion of the Board, (a) there is no indication, or likelihood, of failure to comply with the order; or (b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose. Non-application (2) Section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1). Effect of filing (3) An order of an adjudicator or the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such. 2003, c. 22, s. 2 “234”; 2013, c. 40, s. 382; 2017, c. 9, s. 56
Federal Public Sector Labour Relations Act — P-33.3 235
Aggrieved employee not represented by agent 235 (1) If an aggrieved employee is not represented in the adjudication by a bargaining agent, the costs of the adjudication are to be borne by the Board. Aggrieved employee represented by agent (2) If an aggrieved employee is represented in the adjudication by a bargaining agent, the bargaining agent is liable to pay and must remit to the Board any part of the costs of the adjudication that may be determined by the Chairperson with the Board’s approval. Recovery (3) Any amount that by subsection (2) is payable to the Board by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection. 2003, c. 22, s. 2 “235”; 2013, c. 40, s. 383
Federal Public Sector Labour Relations Act — P-33.3 236
Disputes relating to employment 236 (1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute. Application (2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication. Exception (3) Subsection (1) does not apply in respect of an employee of a separate agency that has not been designated under subsection 209(3) if the dispute relates to his or her termination of employment for any reason that does not relate to a breach of discipline or misconduct.
Federal Public Sector Labour Relations Act — P-33.3 237
Regulations 237 (1) The Board may make regulations respecting the processes for dealing with grievances, including regulations concerning (a) the manner and form of presenting a grievance and, in the case of group grievances, the form of the consent of the employees concerned; (b) the maximum number of levels in each grievance process; (c) the manner in which employees are to be advised of the names of the persons whose decision on a grievance constitutes a level in the grievance process, including the final level; (d) the time within which a grievance may be presented at any level in a grievance process; (e) the circumstances in which any level below the final level in a grievance process may be eliminated; (f) the manner in which and the time within which a grievance may be referred to adjudication after it has been presented up to and including the final level in the grievance process; (f.1) the manner of giving notice of an issue to the Accessibility Commissioner under this Part; (g) the establishment of rules of procedure for the hearing of a grievance; (h) the specification of the time within which and the persons to whom notices and other documents must be sent or given under this Part or Division 2 of Part 2.1, and when the notices are deemed to have been sent, given or received; and (i) the manner of giving notice of an issue to the Canadian Human Rights Commission under this Part. Application of regulations (2) Regulations made under subsection (1) respecting individual, group or policy grievances do not apply in respect of employees included in a bargaining unit for which a bargaining agent has been certified by the Board to the extent that the regulations are inconsistent with any provisions contained in a collective agreement entered into by the bargaining agent and the employer applicable to those employees. 2003, c. 22, s. 2 “237”; 2017, c. 9, s. 32 2019, c. 10, s. 191
Federal Public Sector Labour Relations Act — P-33.3 238
Regulations 238 The Board may make regulations respecting (a) the manner of giving notice under subsection 223(1) and the time for making objections under paragraph 223(2)(c); and (b) the manner in which and the time within which boards of adjudication are to be established.
Federal Public Sector Labour Relations Act — P-33.3 238.01
Definition of RCMP Commissioner 238.01 (1) In this Part, RCMP Commissioner means the Commissioner of the Royal Canadian Mounted Police. Definition of RCMP member (2) In Division 2 of this Part, RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act . 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.02
Inconsistency with Part 1 or 2 238.02 (1) In the event of an inconsistency between a provision of this Part and a provision of Part 1 or 2, the provision of this Part prevails to the extent of the inconsistency. Inconsistency — clarification (2) Without limiting the generality of subsection (1), section 58, subsections 208(1) and 209(1) and (2) and section 209.1 are inconsistent with this Part. Clarification (3) For greater certainty, (a) the provisions of Part 1, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary; and (b) the provisions of Part 2, in so far as they are applicable, apply to employees who are RCMP members , as defined in subsection 238.01(2), or reservists unless there is an indication to the contrary. 2017, c. 9, s. 33 2019, c. 10, s. 192
Federal Public Sector Labour Relations Act — P-33.3 238.03
Employer’s right preserved 238.03 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board to determine categories of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act . 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.04
Duties preserved 238.04 Nothing in this Act is to be construed as affecting any duties of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who are peace officers, or any duties of reservists who are peace officers, including duties imposed under that Act. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.05
Board’s additional duty 238.05 In administering this Act and in exercising the powers and performing the duties and functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, with regulations made under it or with decisions made in respect of a matter coming before the Board, the Board must, in matters concerning RCMP members and reservists, take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members and reservists as it sees fit. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.06
Prejudice to ongoing investigations or proceedings 238.06 (1) The Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist if the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding. Maximum period of adjournment (2) No adjournment may be for a period of more than 90 days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.07
Non-disclosure 238.07 (1) The RCMP Commissioner may, in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the Board or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security. Notice of objection (2) If the RCMP Commissioner objects to the disclosure of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the Board and to the parties. Other provisions do not apply (3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the Board to require that the information be disclosed. Former judge (4) If the RCMP Commissioner objects to the disclosure of information under subsection (1), the Minister must, at the written request of the Board or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.08. Oath of secrecy (5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation. Notice of appointment (6) The Minister must provide notice to the Board, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The Board, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit. Former judge to have access (7) The former judge is to have access to the information about which an objection is made under subsection (1) for the purposes of the review. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.08
Order regarding disclosure 238.08 (1) Unless the former judge concludes that the disclosure of the information about which an objection is made under subsection 238.07(1) would be injurious to law enforcement, public safety or national security, the former judge must order that the RCMP Commissioner’s objection under section 238.07 to the disclosure of that information be dismissed. Disclosure required (2) If the former judge concludes that the disclosure of all or part of that information would be injurious to law enforcement, public safety or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the former judge, after considering the public interest in disclosure, must order the RCMP Commissioner to disclose to the Board or to the party, as the case may be, all or that part of that information, a summary of that information or a written admission of facts relating to that information. No disclosure required (3) If the former judge does not make an order under subsection (1) or order disclosure under subsection (2), they must make an order upholding the RCMP Commissioner’s objection to the disclosure. Time limit (4) The order of the former judge must be made within 30 days after the day on which the period referred to in subsection 238.07(6) expires or within any longer period, not more than 60 days after the day on which the period referred to in that subsection expires, that the Minister permits. Prohibition (5) The former judge must not include in their order any information that reveals information that they conclude must not be disclosed, or any information from which that information may be inferred. Order final (6) The former judge’s order is final and binding. Review (7) The RCMP Commissioner’s objection is not subject to review except to the extent and in the manner provided under this section. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.09
Protection 238.09 (1) No criminal, civil or administrative action or proceeding lies against a former judge, or any person acting on their behalf or under their direction, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the former judge under sections 238.07 and 238.08. No summons (2) The former judge, or any person acting on their behalf or under their direction, is not, in respect of any matter coming to the knowledge of the former judge or that person as a result of exercising a power or performing a duty or function of the former judge, a competent or compellable witness in any proceeding other than a prosecution for an offence under this Act, the Foreign Interference and Security of Information Act or section 132 or 136 of the Criminal Code . 2017, c. 9, s. 33 2024, c. 16, s. 57
Federal Public Sector Labour Relations Act — P-33.3 238.1
Use of information 238.1 Information about which an objection is made under subsection 238.07(1) that is disclosed by the RCMP Commissioner to the Board or to a party in connection with the matter or proceeding that gave rise to the objection may be used only in connection with that matter or proceeding. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.11
Memorandum of understanding 238.11 The Chairperson and the RCMP Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting the disclosure of information referred to in subsection 238.07(1) and the protection of that information if it is disclosed. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.12
Disclosure of information — other legal proceedings 238.12 (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.07(1) to the Board or to a party in connection with the matter or proceeding that gave rise to the objection, the Board or that party is not to be required, in connection with any other criminal, civil or administrative action or proceeding, to give or produce evidence relating to that information. Application (2) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament, other than the Access to Information Act and the Privacy Act . Section prevails (3) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.3(1) of the Parliament of Canada Act . 2017, c. 9, s. 33