GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Public Sector Labour Relations Act — P-33.3 338
mployer and the bargaining agent in relation to that bargaining unit, then, the process for the resolution of disputes is (a) arbitration, if 80% or more of the positions in the bargaining unit were, immediately before the commencement day, necessary for the employer to provide an essential service; and (b) conciliation, if less than 80% of the positions in the bargaining unit were, immediately before the commencement day, necessary for the employer to provide an essential service. Non-application (7.1) Subsection (7) does not apply if the notification referred to in paragraph (4)(b) or (5)(b) had been given before December 12, 2013. Application of subsection 105(2) (8) Subsection 105(2) of the Act, as that subsection read immediately before the commencement day, continues to apply in respect of a bargaining unit referred to in paragraph (3)(b) until an arbitral award is made or a collective agreement is entered into in respect of a bargaining unit. Positions — essential services agreement (9) Despite subsections (4) and (5), if a bargaining unit is bound by an essential services agreement immediately before the commencement day, (a) sections 120 and 121 of the Act, as enacted by section 305, apply except that, despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day; and (b) every position that is identified in the agreement as being necessary for the employer to provide essential services is deemed to be a position designated by the employer under section 120 of the Act, as enacted by section 305. For greater certainty, subsection 124(1) of the Act, as enacted by section 305, does not apply in respect of any position referred to in paragraph (b). For greater certainty (10) For greater certainty, (a) every essential services agreement between the employer and a bargaining agent that is in force immediately before the commencement day is deemed to have ceased to have effect on the commencement day; and (b) every essential services agreement that is entered into by the employer and a bargaining agent after the commencement day ceases to apply on the day on which a collective agreement is entered into by the employer and the bargaining agent.
Federal Public Sector Labour Relations Act — P-33.3
commencement day means the day on which this Act receives royal assent. ( date de référence )
Federal Public Sector Labour Relations Act — P-33.3
the Act means the Public Service Labour Relations Act . ( Loi )
Federal Public Sector Labour Relations Act — P-33.3 391
Definitions 391 The following definitions apply in sections 392 to 402 . former Board means the Public Service Labour Relations Board that is established by section 12 of the Public Service Labour Relations Act , as that Act read immediately before the day on which subsection 366 (1) of this Act comes into force. ( ancienne Commission ) new Board means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act . ( nouvelle Commission )
Federal Public Sector Labour Relations Act — P-33.3
former Board means the Public Service Labour Relations Board that is established by section 12 of the Public Service Labour Relations Act , as that Act read immediately before the day on which subsection 366 (1) of this Act comes into force. ( ancienne Commission )
Federal Public Sector Labour Relations Act — P-33.3
new Board means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act . ( nouvelle Commission )
Federal Public Sector Labour Relations Act — P-33.3 392
Appointments terminated 392 (1) Members of the former Board cease to hold office on the day on which subsection 366 (1) of this Act comes into force. No compensation (2) Despite the provisions of any contract, agreement or order, no person who was appointed to hold office as a part-time member of the former Board has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Federal Public Sector Labour Relations Act — P-33.3 393
Continuation of proceedings 393 Subject to section 394 , every proceeding commenced under the Public Service Labour Relations Act before the day on which subsection 366 (1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.
Federal Public Sector Labour Relations Act — P-33.3 394
Persons employed by Public Service Staffing Tribunal 394 Every proceeding commenced under Part 1 or 2 of the Public Service Labour Relations Act before the day on which subsection 366 (1) of this Act comes into force that relates to a person who is employed by the Public Service Staffing Tribunal — continued by subsection 88(1) of the Public Service Employment Act , as that Act read immediately before the day on which subsection 366 (1) of this Act comes into force — and that was not finally disposed of by the former Board before that day is deemed to have been discontinued immediately before that day.
Federal Public Sector Labour Relations Act — P-33.3 395
Continuation — members of former Board 395 (1) A member of the former Board — other than an adjudicator referred to in paragraph 223(2)(d) of the Public Service Labour Relations Act , as that Act read immediately before the day on which subsection 366 (1) of this Act comes into force — may, at the request of the Chairperson of the new Board, continue to hear and decide any matter that was before the member before that day. Powers (2) For the purposes of subsection (1), a member of the former Board exercises the same powers, and performs the same duties and functions, as a panel of the new Board. Refusal to complete duties (3) If a member of the former Board refuses to continue to hear or decide any matter referred to in subsection (1), the Chairperson of the new Board may assign it to a panel of the new Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act 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 of new Board (4) The Chairperson of the new Board has supervision over and direction of the work of any member of the former Board who continues to hear and decide a matter referred to in subsection (1). Remuneration and expenses (5) A member of the former Board who continues to hear and decide a matter referred to in subsection (1) (a) is to be paid the remuneration for their 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 their ordinary place of residence. Limitation (6) The Chairperson of the new Board may withdraw from a member of the former Board a matter referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366 (1) of this Act comes into force and assign it to a panel of the new Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act on any terms and conditions that the Chairperson of the new Board may specify for the protection and preservation of the rights and interests of the parties.
Federal Public Sector Labour Relations Act — P-33.3 396
Continuation — former Board member adjudicators 396 (1) An adjudicator referred to in paragraph 223(2)(d) of the Public Service Labour Relations Act , as that Act read immediately before the day on which subsection 366 (1) of this Act comes into force, may, at the request of the Chairperson of the new Board, continue to hear and decide any grievance that was before the adjudicator before that day. Powers (2) For the purposes of subsection (1), the adjudicator exercises the same powers as an adjudicator under the Public Service Labour Relations Act , as that Act read immediately before the day on which subsection 366 (1) of this Act comes into force. Refusal to complete duties (3) If an adjudicator refuses to continue to hear or decide a grievance referred to in subsection (1), the new Board is seized of the grievance. Supervision by Chairperson of new Board (4) The Chairperson of the new Board has supervision over and direction of the work of any adjudicator who continues to hear and decide a grievance referred to in subsection (1). Remuneration and expenses (5) An adjudicator who continues to hear and decide a grievance referred to in subsection (1) (a) is to be paid the remuneration for their 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 their ordinary place of residence. Limitation (6) The Chairperson of the new Board may withdraw from an adjudicator a grievance referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366 (1) of this Act comes into force. If the Chairperson of the new Board withdraws the grievance, the new Board becomes seized of it.
Federal Public Sector Labour Relations Act — P-33.3 397
Persons employed by former Board 397 Nothing in this Division affects the status of any person who was employed by the former Board immediately before the day on which subsection 366 (1) of this Act comes into force, except that, as of that day, the person is employed by the new Board.
Federal Public Sector Labour Relations Act — P-33.3 398
Rights and obligations transferred 398 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-33.3 399
References 399 Every reference to the former Board in a deed, contract or other document executed or, in Quebec, signed by the former Board in its own name is to be read as a reference to the new Board, unless the context requires otherwise.
Federal Public Sector Labour Relations Act — P-33.3 400
Continuation of legal proceedings 400 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 subsection 366 (1) of this Act comes into force may be continued by or against the new Board in the same 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-33.3 401
Commencement of legal proceedings 401 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Board may be brought against the new Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Board.
Federal Public Sector Labour Relations Act — P-33.3 402
Orders and decisions continued 402 Every order or decision 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 61
Definitions 61 (1) The following definitions apply in this section and sections 62 to 64 . former Act means the Public Service Labour Relations Act , as it read immediately before the coming into force of section 2 . ( ancienne loi ) member has the same meaning as in subsection 2(1) of the Royal Canadian Mounted Police Act . ( membre ) 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 ) Same meaning (2) Unless the context requires otherwise, words and expressions used in sections 62 to 64 have the same meaning as in subsection 2(1) of the former Act.
Federal Public Sector Labour Relations Act — P-33.3
former Act means the Public Service Labour Relations Act , as it read immediately before the coming into force of section 2 . ( ancienne loi )
Federal Public Sector Labour Relations Act — P-33.3
member has the same meaning as in subsection 2(1) of the Royal Canadian Mounted Police Act . ( membre )
Federal Public Sector Labour Relations Act — P-33.3 62
Individual grievances 62 (1) Any individual grievance presented by a member under subsection 208(1) of the former Act, before the day on which section 238.24 of the Federal Public Sector Labour Relations Act , as enacted by section 33 , comes into force, that is not related to the interpretation or application, in respect of the member, of a provision of a collective agreement or arbitral award, is deemed never to have been presented, and any decision made in respect of such a grievance or any decision made on a review of the decision is deemed never to have had effect. Extension of limitation period (2) For the purpose of presenting a grievance or taking any other process of redress under the Royal Canadian Mounted Police Act , and despite any provision of that Act, if an individual grievance has been deemed under subsection (1) never to have been presented, or if any decision on such a grievance has been deemed under that subsection never to have had effect, the member who presented the individual grievance has, if the subject matter of the grievance or other redress is the same as the subject matter of the individual grievance, 30 days from the day on which section 33 comes into force to present that grievance or to take that other process of redress. Limitation (3) Subsection (2) applies only in the case of an individual grievance that, if it had been presented under the Royal Canadian Mounted Police Act or if another process of redress under that Act had been taken, would have been presented within the time established under that Act to present the grievance or take the other process of redress.
Federal Public Sector Labour Relations Act — P-33.3 64
Membership in bargaining unit — members and reservists 64 (1) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act , as enacted by section 33 , comes into force, in regards to whether members appointed to a rank or reservists are included in a bargaining unit, other than a bargaining unit composed of the group described in paragraph 63 (1)(a), is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect. Membership in bargaining unit — other employees (2) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act , as enacted by section 33 , comes into force, in regards to whether any employee other than a member appointed to a rank or a reservist is included in a bargaining unit composed of the group described in paragraph 63 (1)(a) for which an employee organization that meets the requirements set out in paragraph 63 (1)(b) is certified as the bargaining agent, is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect.
Federal Public Sector Labour Relations Act — P-33.3 65
Published date 65 As of the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act , a reference in subsections 63 (1) and 64 (1) and (2) to a member appointed to a rank is to be read as a reference to a member.
Federal Public Sector Labour Relations Act — P-33.3 16
Public Service Labour Relations Act — existing applications 16 If the Public Service Labour Relations and Employment Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 8 comes into force, received an application for certification referred to in paragraph 64(1.1)(a) of the Public Service Labour Relations Act or an application for a declaration made under subsection 94(1) of that Act, and the application has not been finally disposed of before that coming into force, that applicationis to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.
Federal Public Sector Labour Relations Act — P-33.3 27
Definitions 27 (1) The following definitions apply in this section. commencement day means the day on which this Act receives royal assent. ( date de référence ) the Act means the Federal Public Sector Labour Relations Act . ( Loi ) Words and expressions (2) Unless the context requires otherwise, words and expressions used in this section have the same meaning as in the Act. (3) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has filed a notice to bargain and neither party has requested arbitration by a notice made under subsection 136(1) of the Act or conciliation by a request made under subsection 162(1) of the Act, the provisions of the Act, as amended from time to time on or after the commencement day, apply. (4) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain collectively and either party has requested arbitration by a notice made under subsection 136(1) of the Act and no proceedings referred to in subsection 146(1) of the Act have taken place before the commencement day, the provisions of the Act, as amended from time to time on or after the commencement day, apply. (5) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain collectively and either party has requested conciliation by request made under subsection 162(1) of the Act and no proceedings referred to in subsection 173(1) of the Act have taken place before the commencement day, the provisions of the Act, as amended from time to time on or after the commencement day, apply. (6) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain and either party has requested arbitration by a notice made under subsection 136(1) of the Act and any proceedings referred to in subsection 146(1) of the Act have taken place before the commencement day, the provisions of the Act, as they read immediately before the commencement day, apply. (7) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain and either party has requested conciliation by request made under subsection 162(1) of the Act and any proceedings referred to in subsection 173(1) of the Act have taken place before the commencement day, the provisions of the Act, as they read immediately before the commencement day, together with subsection 194(2) of the Act, as amended by subsection 23(2) of this Act, apply.
Federal Public Sector Labour Relations Act — P-33.3
the Act means the Federal Public Sector Labour Relations Act . ( Loi )
Federal Public Sector Labour Relations Act — P-33.3 401
401 Subsection 208(3) of the Federal Public Sector Labour Relations Act is replaced by the following: Limitation (3) An employee may not present an individual grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act .
Federal Public Sector Labour Relations Act — P-33.3 402
402 Subsection 215(5) of the Federal Public Sector Labour Relations Act is replaced by the following: Limitation (5) A bargaining agent may not present a group grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act .
Federal Public Sector Labour Relations Act — P-33.3 403
403 Subsection 220(3) of the Federal Public Sector Labour Relations Act is replaced by the following: Limitation (3) Neither the employer nor a bargaining agent may present a policy grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act .
Federal Public Sector Labour Relations Act — P-33.3 404
404 Paragraph 226(2)(a) of the Federal Public Sector Labour Relations Act is replaced by the following: (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 and the Public Sector Equitable Compensation Act , whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any;
Federal Public Sector Labour Relations Act — P-33.3 469
2009, c. 2 469 (1) In this section, other Act means the Budget Implementation Act, 2009 . (2) If section 367 of this Act comes into force before section 400 of the other Act, then (b) on the day on which the Public Sector Equitable Compensation Act comes into force, sections 13 and 14 of the second Act are replaced by the following: 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. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act . 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. The Board is also to provide mediation services in accordance with the Public Sector Equitable Compensation Act .
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. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act .
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. The Board is also to provide mediation services in accordance with the Public Sector Equitable Compensation Act .