GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Employment Act — P-33.01 420
Rights and obligations transferred 420 All rights and property held by or in the name of or in trust for the Tribunal and all obligations and liabilities of the Tribunal are deemed to be rights, property, obligations and liabilities of the Board.
Public Service Employment Act — P-33.01 421
References 421 Every reference to the Tribunal in a deed, contract or other document executed or, in Quebec, signed by the Tribunal in its own name is to be read as a reference to the Board, unless the context requires otherwise.
Public Service Employment Act — P-33.01 422
Continuation of legal proceedings 422 Any action, suit or other proceeding to which the Tribunal is a party that is pending in any court on the day on which subsection 366 (1) of this Act comes into force may be continued by or against the Board in the same manner and to the same extent as it could have been continued by or against the Tribunal.
Public Service Employment Act — P-33.01 423
Commencement of legal proceedings 423 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Tribunal may be brought against the Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Tribunal.
Public Service Employment Act — P-33.01 424
Orders and decisions continued 424 Every order or decision made by the Tribunal is deemed to have been made by the Board and may be enforced as such.
Public Service Employment Act — P-33.01 13
Priority 13 (1) Section 39.1 of the Public Service Employment Act applies to a person who is described in any of paragraphs 8(1)(a) to (e) of the Public Service Employment Regulations , who has had an entitlement to a priority under section 8 of those Regulations at any time during the period that begins on April 1, 2012 and ends on the day before the day on which this Act comes into force and who has been released from the Canadian Forces for medical reasons that the Minister of Veterans Affairs determines are attributable to service, unless, during that period, the person has been appointed to a position in the public service for an indeterminate period or declined such an appointment without good and sufficient reason. Entitlement period (2) For the purposes of subsection (1), the entitlement to the priority established by section 39.1 of the Public Service Employment Act ends on the earliest of (a) the day that is five years after the day on which this Act comes into force, (b) the day on which the person is appointed to a position in the public service for an indeterminate period, and (c) the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.
Public Service Employment Act — P-33.01 282
Investigations 282 Subsection 2(5) of the Public Service Employment Act , as enacted by subsection 277 (2), applies only in respect of appointment processes that commence on or after the day on which that subsection 277 (2) comes into force and investigations into those processes.
Public Service Employment Act — P-33.01 283
Qualifications standards 283 Subsection 31(3) of the Public Service Employment Act , as enacted by section 279 , applies only in respect of reviews that commence on or after the day on which that section 279 comes into force.
Public Service Employment Act — P-33.01 284
Assessment methods 284 Subsection 36(2) of the Public Service Employment Act , as enacted by section 280 , applies only in respect of appointment processes that commence on or after the day on which that section 280 comes into force.
Public Service Employment Act — P-33.01 285
Preference 285 Paragraph 39(1)(c) of the Public Service Employment Act , as enacted by section 281 , applies only in respect of advertised external appointment processes that commence on or after the day on which that section 281 comes into force.
Federal Public Sector Labour Relations Act — P-33.3
the public service labour-management regime must operate in a context where protection of the public interest is paramount;
Federal Public Sector Labour Relations Act — P-33.3
effective labour-management relations represent a cornerstone of good human resource management and that collaborative efforts between the parties, through communication and sustained dialogue, improve the ability of the public service to serve and protect the public interest;
Federal Public Sector Labour Relations Act — P-33.3
collective bargaining ensures the expression of diverse views for the purpose of establishing terms and conditions of employment;
Federal Public Sector Labour Relations Act — P-33.3
the Government of Canada is committed to fair, credible and efficient resolution of matters arising in respect of terms and conditions of employment;
Federal Public Sector Labour Relations Act — P-33.3
the Government of Canada recognizes that public service bargaining agents represent the interests of employees in collective bargaining and participate in the resolution of workplace issues and rights disputes;
Federal Public Sector Labour Relations Act — P-33.3
commitment from the employer and bargaining agents to mutual respect and harmonious labour-management relations is essential to a productive and effective public service;
Federal Public Sector Labour Relations Act — P-33.3
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Federal Public Sector Labour Relations Act — P-33.3 1
Short title 1 This Act may be cited as the Federal Public Sector Labour Relations Act . 2003, c. 22, s. 2 “1”; 2017, c. 9, s. 2
Federal Public Sector Labour Relations Act — P-33.3 2
 employed in the part of the public service to which the Public Service Commission has the exclusive right to make appointments is employed on a casual basis if the person was appointed under section 50 of the Public Service Employment Act . References to occupants of positions (5) Every reference to a person who occupies a position, or to the occupant of a position, includes a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position, and a reference to a person’s position includes the position of a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position. Reference to employee organization (6) Unless the context otherwise requires, a reference to an employee organization includes a reference to a council of employee organizations, and a reference to an employee organization within the meaning of paragraph (a) or (b), as the case may be, of the definition employee organization in subsection 2(1) includes a reference to a council formed by two or more employee organizations within the meaning of that paragraph. 2003, c. 22, ss. 2 “2”, 243; 2013, c. 40, s. 366; 2014, c. 20, ss. 472, 481; 2017, c. 9, ss. 3, 56
Federal Public Sector Labour Relations Act — P-33.3
adjudicator means a person or board of adjudication to whom a grievance is referred under paragraph 223(2)(a), (b) or (c). ( arbitre de grief )
Federal Public Sector Labour Relations Act — P-33.3
arbitral award means an award made by an arbitration board in respect of a dispute. ( décision arbitrale )
Federal Public Sector Labour Relations Act — P-33.3
arbitration board means a board established under Division 9 of Part 1. ( conseil d’arbitrage )
Federal Public Sector Labour Relations Act — P-33.3
bargaining agent means an employee organization that is certified by the Board as the bargaining agent for the employees in a bargaining unit. ( agent négociateur )
Federal Public Sector Labour Relations Act — P-33.3
bargaining unit means a group of two or more employees that is determined by the Board to constitute a unit of employees appropriate for collective bargaining. ( unité de négociation )
Federal Public Sector Labour Relations Act — P-33.3
Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act . ( Commission )
Federal Public Sector Labour Relations Act — P-33.3
Chairperson means the Chairperson of the Board. ( président )
Federal Public Sector Labour Relations Act — P-33.3
collective agreement means an agreement in writing, entered into under Part 1 between the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters. ( convention collective )
Federal Public Sector Labour Relations Act — P-33.3
core public administration has the same meaning as in subsection 11(1) of the Financial Administration Act . ( administration publique centrale )
Federal Public Sector Labour Relations Act — P-33.3
council of employee organizations means a council formed by two or more employee organizations within the meaning of paragraph (a) of the definition employee organization or by two or more employee organizations within the meaning of paragraph (b) of that definition. ( regroupement d’organisations syndicales )
Federal Public Sector Labour Relations Act — P-33.3
deputy head means a deputy head referred to in any of paragraphs (a) to (c) of the definition deputy head in subsection 11(1) of the Financial Administration Act . ( administrateur général )
Federal Public Sector Labour Relations Act — P-33.3
dispute means a dispute or difference that arises in connection with the entering into, renewal or revision of a collective agreement and in respect of which arbitration may be requested under subsection 136(1) or conciliation may be requested under subsection 161(1). ( différend )
Federal Public Sector Labour Relations Act — P-33.3 (a)
employee , except in Part 2, means a person employed in the public service, other than (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act; (b) a person locally engaged outside Canada; (c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work; (d) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act ; (e) a person employed in the Canadian Security Intelligence Service who does not perform duties of a clerical or secretarial nature; (f) a person employed on a casual basis; (g) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more; (h) an employee of the Administrative Tribunals Support Service of Canada who provides any of the following services exclusively to the Board: (i) mediation and dispute resolution services, (ii) legal services, (iii) advisory services relating to the Board’s exercise of its powers and performance of its duties and functions; (i) a person who occupies a managerial or confidential position; or (j) a person who is employed under a program designated by the employer as a student employment program. ( fonctionnaire )
Federal Public Sector Labour Relations Act — P-33.3 (a)
employee organization means (a) in respect of employees who are not RCMP members or reservists, an organization of employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1 and 2; and (b) in respect of employees who are RCMP members or reservists, an organization of those employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1, 2 and 2.1. ( organisation syndicale )
Federal Public Sector Labour Relations Act — P-33.3 (a)
employer means Her Majesty in right of Canada as represented by (a) the Treasury Board, in the case of a department named in Schedule I to the Financial Administration Act or another portion of the federal public administration named in Schedule IV to that Act; and (b) the separate agency, in the case of a portion of the federal public administration named in Schedule V to the Financial Administration Act . ( employeur )
Federal Public Sector Labour Relations Act — P-33.3
managerial or confidential position means a position declared to be a managerial or confidential position by an order made by the Board under subsection 62(1), section 63, subsection 74(1) or section 75. ( poste de direction ou de confiance )
Federal Public Sector Labour Relations Act — P-33.3
member means a member of the Board, whether full-time or part-time. ( commissaire )
Federal Public Sector Labour Relations Act — P-33.3
membership dues , in respect of employees represented by a bargaining agent, means the amount that the employer is required to deduct from the pay of the employees and remit to the bargaining agent under any collective agreement that is entered into between the employer and the bargaining agent. ( cotisations syndicales )
Federal Public Sector Labour Relations Act — P-33.3
Minister means the member of the Queen’s Privy Council for Canada, other than a member of the Treasury Board, designated by the Governor in Council as the Minister for the purposes of this Act. ( ministre )
Federal Public Sector Labour Relations Act — P-33.3
National Joint Council means the National Joint Council whose establishment was authorized by Order in Council P.C. 3676, dated May 16, 1944. ( Conseil national mixte )
Federal Public Sector Labour Relations Act — P-33.3 (a)
public service , except in Part 3, means the several positions in or under (a) the departments named in Schedule I to the Financial Administration Act ; (b) the other portions of the federal public administration named in Schedule IV to that Act; and (c) the separate agencies named in Schedule V to that Act. ( fonction publique )
Federal Public Sector Labour Relations Act — P-33.3
RCMP member , except in Division 2 of Part 2.1, means a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who is appointed to a rank. ( membre de la GRC )
Federal Public Sector Labour Relations Act — P-33.3
reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act . ( réserviste )
Federal Public Sector Labour Relations Act — P-33.3
separate agency has the same meaning as in subsection 11(1) of the Financial Administration Act . ( organisme distinct )
Federal Public Sector Labour Relations Act — P-33.3
strike includes a cessation of work or a refusal to work or to continue to work by persons employed in the public service, in combination, in concert or in accordance with a common understanding, and a slow-down of work or any other concerted activity on the part of such persons that is designed to restrict or limit output. ( grève )
Federal Public Sector Labour Relations Act — P-33.3
Vice-Chairperson means a Vice-Chairperson of the Board. ( vice-président )
Federal Public Sector Labour Relations Act — P-33.3 3
Descriptive cross- references 3 If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject-matter of that other provision, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only.
Federal Public Sector Labour Relations Act — P-33.3 4
Definitions 4 (1) The following definitions apply in this Part. essential service means a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public. ( services essentiels ) essential services agreement means an agreement between the employer and the bargaining agent for a bargaining unit that identifies (a) the types of positions in the bargaining unit that are necessary for the employer to provide essential services; (b) the number of those positions that are necessary for that purpose; and (c) the specific positions that are necessary for that purpose. ( entente sur les services essentiels ) mediator means a person appointed as a mediator under subsection 108(1). ( médiateur ) National Joint Council [Repealed, 2017, c. 9, s. 4] parties , in relation to collective bargaining, arbitration, conciliation or a dispute, means the employer and the bargaining agent. ( parties ) public interest commission means a commission established under Division 10. ( commission de l’intérêt public ) When position is necessary (2) A position that is necessary for the employer to provide essential services for the purposes of paragraph (a) of the definition essential services agreement in subsection (1) includes a position the occupant of which is required, at any time, (a) to perform the duties of the position that relate to the provision of essential services; or (b) to be available during his or her off-duty hours to report to work without delay to perform those duties if required to do so by the employer. 2003, c. 22, s. 2 “4”; 2013, c. 40, s. 294; 2017, c. 9, s. 4; 2018, c. 24, s. 1
Federal Public Sector Labour Relations Act — P-33.3
essential service means a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public. ( services essentiels )
Federal Public Sector Labour Relations Act — P-33.3 (a)
essential services agreement means an agreement between the employer and the bargaining agent for a bargaining unit that identifies (a) the types of positions in the bargaining unit that are necessary for the employer to provide essential services; (b) the number of those positions that are necessary for that purpose; and (c) the specific positions that are necessary for that purpose. ( entente sur les services essentiels )
Federal Public Sector Labour Relations Act — P-33.3
mediator means a person appointed as a mediator under subsection 108(1). ( médiateur )
Federal Public Sector Labour Relations Act — P-33.3
National Joint Council [Repealed, 2017, c. 9, s. 4]
Federal Public Sector Labour Relations Act — P-33.3
parties , in relation to collective bargaining, arbitration, conciliation or a dispute, means the employer and the bargaining agent. ( parties )
Federal Public Sector Labour Relations Act — P-33.3
public interest commission means a commission established under Division 10. ( commission de l’intérêt public )
Federal Public Sector Labour Relations Act — P-33.3 5
Employee freedoms 5 Every employee is free to join the employee organization of his or her choice and to participate in its lawful activities.
Federal Public Sector Labour Relations Act — P-33.3 6
Right of Treasury Board preserved 6 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board under paragraph 7(1)(b) of the Financial Administration Act .
Federal Public Sector Labour Relations Act — P-33.3 7
Right of employer preserved 7 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board or a separate agency to determine the organization of those portions of the federal public administration for which it represents Her Majesty in right of Canada as employer or to assign duties to and to classify positions and persons employed in those portions of the federal public administration.
Federal Public Sector Labour Relations Act — P-33.3 7.1
Right of Commissioner of Royal Canadian Mounted Police preserved 7.1 Nothing in this Act is to be construed as affecting 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. 2017, c. 9, s. 4.1
Federal Public Sector Labour Relations Act — P-33.3 8
Consultation committee 8 Each deputy head must, in consultation with the bargaining agents representing employees in the portion of the federal public administration for which he or she is deputy head, establish a consultation committee consisting of representatives of the deputy head and the bargaining agents for the purpose of exchanging information and obtaining views and advice on issues relating to the workplace that affect those employees, which issues may include, among other things, (a) harassment in the workplace; and (b) the disclosure of information concerning wrongdoing in the public service and the protection from reprisal of employees who disclose such information.
Federal Public Sector Labour Relations Act — P-33.3 9
Meaning of co-development of workplace improvements 9 For the purpose of this Division, co-development of workplace improvements means the consultation between the parties on workplace issues and their participation in the identification of workplace problems and the development and analysis of solutions to those problems with a view to adopting mutually agreed to solutions.
Federal Public Sector Labour Relations Act — P-33.3 10
Co-development of workplace improvements 10 The employer and a bargaining agent, or a deputy head and a bargaining agent, may engage in co-development of workplace improvements.
Federal Public Sector Labour Relations Act — P-33.3 11
National Joint Council 11 (1) Co-development of workplace improvements by the employer and a bargaining agent may take place under the auspices of the National Joint Council or any other body they may agree on. Facilities and administrative support (2) The Chief Administrator of the Administrative Tribunals Support Service of Canada is to provide facilities and administrative support to the National Joint Council. 2003, c. 22, s. 2 “11”; 2014, c. 20, s. 481
Federal Public Sector Labour Relations Act — P-33.3 12
Administration of Act 12 The Board administers this Act and it may exercise the powers and perform 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. 2003, c. 22, s. 2 “12”; 2013, c. 40, s. 367
Federal Public Sector Labour Relations Act — P-33.3 13
Adjudication services 13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3. 2003, c. 22, s. 2 “13”; 2013, c. 40, ss. 295, 367; 2017, c. 9, s. 5
Federal Public Sector Labour Relations Act — P-33.3 14
Mediation services 14 The Board is to provide mediation services that consist of (a) assisting parties in the negotiation of collective agreements and their renewal; (b) assisting parties in the management of the relations resulting from the implementation of collective agreements; (c) mediating in relation to grievances; and (d) assisting the Chairperson in discharging his or her responsibilities under this Act. 2003, c. 22, s. 2 “14”; 2013, c. 40, s. 367