GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Public Sector Labour Relations Act — P-33.3 238.13
Right to apply 238.13 (1) Subject to section 55, an employee organization within the meaning of paragraph (b) of the definition employee organization in subsection 2(1) that seeks to be certified as the bargaining agent for the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists may apply to the Board, in accordance with the regulations, for certification as bargaining agent for that group. The Board must notify the employer of the application without delay. Requirements for certification (2) The Board may certify an employee organization referred to in subsection (1) as the bargaining agent for the group only if it determines that the employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements: (a) it has as its primary mandate the representation of employees who are RCMP members; (b) it is not affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and (c) it is not certified as bargaining agent for any other group of employees. Clarification (3) For greater certainty, (a) for the purposes of subsection (2), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and (b) no application is permitted to be made under section 54 in respect of employees who are RCMP members or reservists. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.14
Determination of unit 238.14 If an application for certification is made under subsection 238.13(1), the Board must determine that the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists constitutes the single, national bargaining unit that is appropriate for collective bargaining. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.15
Limitation 238.15 An employee organization that is certified as the bargaining agent for the bargaining unit determined under section 238.14 is not entitled to seek to be certified as bargaining agent for any other group of employees. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.16
Limitation 238.16 Despite section 58, the Board does not have jurisdiction to determine that an employee who is not an RCMP member or a reservist is included in the bargaining unit determined under section 238.14. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.17
Mandate or affiliation 238.17 (1) The Board must revoke the certification of an employee organization as the bargaining agent for the bargaining unit determined under section 238.14 if the Board, on application by the employer or any employee in that bargaining unit, determines that the employee organization — or, in the case of a council of employee organizations, any employee organization forming part of the council — no longer has as its primary mandate the representation of employees who are RCMP members or that it is affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers. Clarification (2) For greater certainty, (a) for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and (b) the circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 100. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.18
Arbitration 238.18 Sections 103 and 104 do not apply to disputes between the employer and the bargaining agent for the bargaining unit determined under section 238.14. The process for the resolution of those disputes is arbitration. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.19
Restriction 238.19 A collective agreement that applies to the bargaining unit determined under section 238.14 must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; or (b) the term or condition is one that has been or may be established under the Royal Canadian Mounted Police Superannuation Act , the Royal Canadian Mounted Police Pension Continuation Act , the Public Service Employment Act , the Public Service Superannuation Act or the Government Employees Compensation Act . 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.2
Non-application of Divisions 8, 10 and 11 of Part 1 238.2 Divisions 8, 10 and 11 of Part 1 do not apply in respect of the bargaining unit determined under section 238.14. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.21
Arbitral award — additional factor 238.21 In addition to the factors set out in section 148, the arbitration board may, if relevant to making a determination under that section in regards to a collective agreement that applies to the bargaining unit determined under section 238.14, take into account the impact of the determination on the operational effectiveness of the Royal Canadian Mounted Police. 2017, c. 9, s. 33; 2018, c. 24, s. 26
Federal Public Sector Labour Relations Act — P-33.3 238.22
Arbitral award — limitations 238.22 (1) The arbitral award that applies to the bargaining unit determined under section 238.14 must not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; (b) the term or condition is one that has been or may be established under the Royal Canadian Mounted Police Superannuation Act , the Royal Canadian Mounted Police Pension Continuation Act , the Public Service Employment Act , the Public Service Superannuation Act or the Government Employees Compensation Act ; or (c) doing so would affect either of the following: (i) the organization of the public service, the categories of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or the assignment of duties to, and the classification of, positions and persons employed in the public service, or (ii) the right or authority of the Commissioner of the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act to ensure that police operations are effective. Clarification (2) For greater certainty, subsection 150(2) applies in respect of the arbitral award. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.23
Regulations 238.23 The Governor in Council may make regulations (a) prescribing the oath of secrecy referred to in subsection 238.07(5); and (b) respecting the measures that are to be taken by the Board or a party to protect the information referred to in subsection 238.07(1) that the Board or the party has received from the RCMP Commissioner 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, and respecting the disclosure of that information by the Board or the party to other persons or entities. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.24
Limited right to grieve 238.24 Subject to subsections 208(2) to (7), an employee who is an RCMP member is entitled to present an individual grievance only if they feel aggrieved by the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.25
Limited right to refer to adjudication 238.25 (1) An employee who is an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction only if the grievance is related to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award. Agreement required (2) Before referring an individual grievance to adjudication, the employee must obtain the approval of their bargaining agent to represent the employee in the adjudication proceedings. Grievance related to accessibility (3) If a grievance referred to in subsection (1) is related to the contravention of a provision of regulations made under subsection 117 (1) of the Accessible Canada Act , an employee who is an RCMP member may refer the grievance to adjudication only if the employee has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — the contravention. 2017, c. 9, s. 33 2019, c. 10, s. 193
Federal Public Sector Labour Relations Act — P-33.3 238.26
Prejudice to ongoing investigations or proceedings 238.26 (1) An adjudicator or the Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, if the adjudicator or 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-33.3 238.27
Non-disclosure 238.27 (1) The RCMP Commissioner may, in connection with any matter or proceeding before an adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the adjudicator or the Board, as the case may be, 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 adjudicator or the Board, as the case may be, 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 adjudicator or the Board, as the case may be, 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 adjudicator or the Board, as the case may be, 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 238.28. 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 adjudicator or the Board, as the case may be, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The adjudicator or the Board, as the case may be, 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-33.3 238.28
Order regarding disclosure 238.28 (1) Unless the former judge concludes that the disclosure of the information about which an objection is made under subsection 238.27(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 238.27 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 adjudicator, 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 238.27(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-33.3 238.29
Protection 238.29 (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 238.27 and 238.28. 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-33.3 238.3
Use of information 238.3 Information about which an objection is made under subsection 238.27(1) that is disclosed by the RCMP Commissioner to an adjudicator or the Board, as the case may be, 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-33.3 238.31
Memorandum of understanding 238.31 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 238.27(1) and the protection of that information if it is disclosed. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 238.32
Disclosure of information — other legal proceedings 238.32 (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.27(1) to an adjudicator or the Board, as the case may be, or to a party in connection with the matter or proceeding that gave rise to the objection, the adjudicator, 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
Federal Public Sector Labour Relations Act — P-33.3 238.33
Consideration 238.33 In considering a grievance that concerns an employee who is an RCMP member or a reservist, the adjudicator or the Board, as the case may be, must 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-33.3 238.34
Regulations 238.34 The Governor in Council may make regulations (a) prescribing the oath of secrecy referred to in subsection 238.27(5); and (b) respecting the measures that are to be taken by an adjudicator or the Board, as the case may be, or a party to protect the information referred to in subsection 238.27(1) that the adjudicator, the Board or the party has received from the RCMP Commissioner in connection with any matter or proceeding before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, and respecting the disclosure of that information by the adjudicator, the Board or the party to other persons or entities. 2017, c. 9, s. 33
Federal Public Sector Labour Relations Act — P-33.3 239
Meaning of public service 239 In this Part, public service has the same meaning as in subsection 11(1) of the Financial Administration Act .
Federal Public Sector Labour Relations Act — P-33.3 240
Application to public service 240 Part II of the Canada Labour Code applies to and in respect of the public service and persons employed in it as if the public service were a federal work, undertaking or business referred to in that Part except that, for the purpose of that application, (a) any reference in that Part to (i) “arbitration” is to be read as a reference to adjudication under Part 2 or Division 2 of Part 2.1, (ii) for the purposes of sections 133 and 134 of the Canada Labour Code , Board is to be read as a reference to the Public Service Labour Relations and Employment Board, (iii) a “collective agreement” is to be read as a reference to a collective agreement within the meaning of subsection 2(1), (iv) “employee” is to be read as a reference to a person employed in the public service, and (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; (b) [Repealed, 2017, c. 20, s. 396] (c) the provisions of this Act apply, with any necessary modifications, in respect of matters brought before the Federal Public Sector Labour Relations and Employment Board. 2003, c. 22, s. 2 “240”; 2013, c. 40, s. 384; 2017, c. 9, ss. 34, 57 2017, c. 20, s. 396
Federal Public Sector Labour Relations Act — P-33.3 241
Defect in form or irregularity 241 (1) No proceeding under this Act is invalid by reason only of a defect in form or a technical irregularity. Grievance process (2) The failure to present a grievance at all required levels in accordance with the applicable grievance process is not a defect in form or a technical irregularity for the purposes of subsection (1).
Federal Public Sector Labour Relations Act — P-33.3 242
Admissibility 242 Except in the case of a prosecution for perjury, (a) testimony or proceedings before an arbitration board are not admissible in evidence in any court in Canada; and (b) reports of a public interest commission, and testimony or proceedings before a public interest commission, are not admissible in evidence in any court in Canada.
Federal Public Sector Labour Relations Act — P-33.3 243
Evidence respecting information obtained 243 Members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) are not competent or compellable to appear as witnesses in any civil action, suit or other proceeding respecting information obtained in the discharge of their functions under this Act. 2003, c. 22, s. 2 “243”; 2013, c. 40, s. 385
Federal Public Sector Labour Relations Act — P-33.3 244
No disclosure of notes and drafts 244 The following may not be disclosed without the consent of the person who made them: (a) notes or draft orders or decisions of an adjudicator; (b) notes or draft reports of a mediator, a public interest commission or a person authorized or designated by the Board to assist in resolving a complaint or issue in dispute before the Board; and (c) notes or a draft arbitral award of an arbitration board. 2003, c. 22, s. 2 “244”; 2013, c. 40, s. 386
Federal Public Sector Labour Relations Act — P-33.3 245
Criminal or civil proceedings 245 No criminal or civil proceedings lie against a member of an arbitration board, a member of a public interest commission, a mediator, an adjudicator or a person seized of a referral under subsection 182(1) for anything done  —  or omitted to be done  —  or reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function under this Act. 2003, c. 22, s. 2 “245”; 2013, c. 40, s. 387
Federal Public Sector Labour Relations Act — P-33.3 246
Oath or solemn affirmation 246 Before commencing his or her functions, a person appointed under this Act must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations: I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of .....................
Federal Public Sector Labour Relations Act — P-33.3 247
Remuneration and expenses 247 (1) Members of arbitration boards, mediators, adjudicators and persons seized of referrals under subsection 182(1) are entitled to be paid the remuneration and expenses that may be fixed by the Governor in Council. Remuneration and expenses (2) Members of public interest commissions are entitled to be paid the remuneration and expenses that may be fixed by the Minister. Party to pay (3) If a public interest commission consists of three members, the remuneration and expenses to be paid to the member of the commission nominated, or deemed to be nominated, by a party is to be paid by that party. 2003, c. 22, s. 2 “247”; 2013, c. 40, s. 337