Bill
C-62
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Federal Public Sector Labour Relations Act
Amendments to the Act
Transitional Provisions
Amendments to the Public Sector Equitable Compensation Act
Amendments to the Economic Action Plan 2013 Act, No 2
Amendments to the Economic Action Plan 2014 Act, No. 1
Amendment to the Economic Action Plan 2015 Act, No. 1
Explanatory Notes
First Session, Forty-second Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-62
An Act to amend the Federal Public Sector Labour Relations Act and other Acts
FIRST READING, October 17, 2017
PRESIDENT OF THE TREASURY BOARD
90856
SUMMARY
This enactment amends the Federal Public Sector Labour Relations Act to restore the procedures for the choice of process of dispute resolution including those involving essential services, arbitration, conciliation and alternative dispute resolution that existed before December 13, 2013.
It also amends the Public Sector Equitable Compensation Act to restore the procedures applicable to arbitration and conciliation that existed before December 13, 2013.
It repeals provisions of the Economic Action Plan 2013 Act, No. 2 that are not in force that amend the Federal Public Sector Labour Relations Act, the Canadian Human Rights Act, and the Public Service Employment Act and it repeals not in force provisions of the Economic Action Plan 2014 Act, No. 1 that amend those provisions.
It repeals Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1, which authorizes the Treasury Board to establish and modify, despite the Federal Public Sector Labour Relations Act, terms and conditions of employment related to the sick leave of employees who are employed in the core public administration.
Available on the House of Commons website at the following address:
www.ourcommons.ca
1st Session, 42nd Parliament, 
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-62
An Act to amend the Federal Public Sector Labour Relations Act and other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2003, c. 22, s. 2; 2017, c. 9, s. 2
Federal Public Sector Labour Relations Act
Amendments to the Act
2013, c. 40, s. 294(2)
1 (1) The definition essential service in subsection 4(1) of the Federal Public Sector Labour Relations Act is replaced by the following:
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)
(2) Subsection 4(1) of the Act is amended by adding the following in alphabetical order:
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)
(3) Section 4 of the Act is amended by adding the following after subsection (1):
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.
2 Section 39 of the Act is amended by adding the following after paragraph (g):
(h) the manner of giving notices referred to in subsection 103(1), and the form of those notices, and the manner of making applications referred to in subsection 104(1), and the form of those applications;
3 Section 67 of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) the employee organization is substituted as a party to any essential services agreement that is in force, in the place of the bargaining agent named in the agreement or its successor.
2013, c. 40, s. 300; 2017, c. 9, s. 12
4 Subsections 79(1) and (2) of the Act are replaced by the following:
Mergers, amalgamations and transfers of jurisdiction
79 (1) If, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations, other than as a result of a revocation of certification, an employee organization succeeds another one that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor is deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, an arbitral award, an essential services agreement or otherwise.
Board to determine questions
(2) If any question arises in respect of a merger, amalgamation or transfer of jurisdiction referred to in subsection (1) concerning the rights, privileges and duties of an employee organization under this Part or Division 1 of Part 2.‍1 or under a collective agreement, an arbitral award or an essential services agreement in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained.
5 Subsection 101(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) subject to paragraph 67(e), any essential services agreement that is in force in respect of positions in the bargaining unit ceases to be in force.
2013, c. 40, s. 302
6 Division 6 of Part 1 of the Act is replaced by the following:
DIVISION 6 
Choice of Process for Dispute Resolution
Choice of process
103 (1) A bargaining agent for a bargaining unit must notify the Board, in accordance with the regulations, of the process it has chosen — either arbitration or conciliation — to be the process for the resolution of disputes to which it may be a party.
Recording of process
(2) The Board must record the process chosen by the bargaining agent for the resolution of disputes.
Period during which process to apply
(3) The process recorded by the Board applies to the bargaining unit for the resolution of all disputes from the day on which a notice to bargain collectively in respect of the bargaining unit is given after the process is chosen, and it applies until the process is changed in accordance with section 104.
Change of process
104 (1) A bargaining agent for a bargaining unit that wishes to change the process for the resolution of a dispute that is applicable to the bargaining unit may apply to the Board, in accordance with the regulations, to record the change.
Recording of change
(2) On receiving the application, the Board must record the change of process.
Effective date and duration
(3) A change in the process for the resolution of a dispute becomes effective on the day that a notice to bargain collectively is given after the change is recorded and remains in force until the process is changed in accordance with this section.
2013, c. 40, s. 303
7 (1) Subsection 105(1) of the Act is replaced by the following:
Notice to bargain collectively
105 (1) After the Board has certified an employee organization as the bargaining agent for a bargaining unit and the process for the resolution of a dispute applicable to that bargaining unit has been recorded by the Board, the bargaining agent or the employer may, by notice in writing, require the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement.
2013, c. 40, s. 303
(2) The portion of paragraph 105(2) of the Act before paragraph (a) is replaced by the following:
When notice may be given
(2) The notice to bargain collectively may be given
2013, c. 40, s. 303
(3) Paragraph 105(2)‍(b) of the Act is replaced by the following:
(b) if a collective agreement or arbitral award is in force, within the four months before it ceases to be in force.
2013, c. 40, s. 303
(4) Subsection 105(2.‍1) of the Act is repealed.
2013, c. 40, s. 304(1)
8 The portion of section 107 of the Act before paragraph (a) is replaced by the following:
Duty to observe terms and conditions
107 Unless the parties otherwise agree, and subject to section 132, after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or
2013, c. 40, s. 305
9 Sections 119 to 125 of the Act are replaced by the following:
Application of Division
119 This Division applies to the employer and the bargaining agent for a bargaining unit when the process for the resolution of a dispute applicable to the bargaining unit is conciliation.
Employer determines levels of service
120 The employer has the exclusive right to determine the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided. Nothing in this Division is to be construed as limiting that right.
Proportion of duties may vary during strike
121 (1) For the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, the employer and the bargaining agent may agree that some employees in the bargaining unit will be required by the employer to perform their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally.
Determination of number of necessary employees
(2) For the purposes of subsection (1), the number of employees in the bargaining unit that are necessary to provide the essential service is to be determined
(a) without regard to the availability of other persons to provide the essential service during a strike; and
(b) on the basis that the employer is not required to change, in order to provide the essential service during a strike, the manner in which the employer operates normally, including the normal hours of work, the extent of the employer’s use of overtime and the equipment used in the employer’s operations.
Obligation to negotiate
122 (1) If the employer has given to the bargaining agent a notice in writing that the employer considers that employees in the bargaining unit occupy positions that are necessary for the employer to provide essential services, the employer and the bargaining agent must make every reasonable effort to enter into an essential services agreement as soon as feasible.
Timing
(2) The notice may be given at any time but not later than 20 days after the day a notice to bargain collectively is given.
Application to the Board
123 (1) If the employer and the bargaining agent are unable to enter into an essential services agreement, either of them may apply to the Board to determine any unresolved matter that may be included in an essential services agreement. The application may be made at any time but not later than
(a) 15 days after the day a request for conciliation is made by either party; or
(b) 15 days after the day the parties are notified by the Chairperson under subsection 163(2) of his or her intention to recommend the establishment of a public interest commission.
Delay
(2) The Board may delay dealing with the application until it is satisfied that the employer and the bargaining agent have made every reasonable effort to enter into an essential services agreement.
Powers of Board
(3) After considering the application, the Board may determine any matter that the employer and the bargaining agent have not agreed on that may be included in an essential services agreement and make an order
(a) deeming the matter determined by it to be part of an essential services agreement between the employer and the bargaining agent; and
(b) deeming that the employer and the bargaining agent have entered into an essential services agreement.
Restriction
(4) The order must not require the employer to change the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided.
Proportion of duties may vary during strike
(5) The Board may, for the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, take into account that some employees in the bargaining unit may be required by the employer to perform those of their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally.
Determination of number of necessary employees
(6) For the purposes of subsection (5), the number of employees in the bargaining unit that are necessary to provide the essential service is to be determined
(a) without regard to the availability of other persons to provide the essential service during a strike; and
(b) on the basis that the employer is not required to change, in order to provide the essential service during a strike, the manner in which the employer operates normally, including the normal hours of work, the extent of the employer’s use of overtime and the equipment used in the employer’s operations.
Application relating to specific position
(7) If the application relates to a specific position to be identified in the essential services agreement, the employer’s proposal in respect of the position is to prevail, unless the position is determined by the Board not to be of the type necessary for the employer to provide essential services.
Coming into force of agreement
124 The essential services agreement comes into force on the day it is signed by the parties or, in the case of an essential services agreement that the employer and the bargaining agent are deemed to have entered into by an order made under paragraph 123(3)‍(b), the day the order was made.
Duration
125 An essential services agreement continues in force until the parties jointly determine that there are no employees in the bargaining unit who occupy positions that are necessary for the employer to provide essential services.
Notice to negotiate amendment
126 (1) If a party to an essential services agreement gives a notice in writing to the other party that the party giving the notice seeks to amend the essential services agreement, the parties must make every reasonable effort to amend it as soon as feasible.
Timing
(2) If a collective agreement or arbitral award is in force, the notice may be given at any time except that, if a notice to bargain collectively has been given with a view to renewing or revising the collective agreement, the notice may only be given during the 60 days following the day the notice to bargain collectively was given.
Application to Board
127 (1) If the employer and the bargaining agent are unable to amend the essential services agreement, either of them may apply to the Board to amend the essential services agreement. The application may be made at any time but not later than
(a) 15 days after the day a request for conciliation is made by either party; or
(b) 15 days after the day the parties are notified by the Chairperson under subsection 163(2) of his or her intention to recommend the establishment of a public interest commission.
Delay
(2) The Board may delay dealing with the application until it is satisfied that the employer and the bargaining agent have made every reasonable effort to amend the essential services agreement.
Amendment by Board
(3) The Board may, by order, amend the essential services agreement if it considers that the amendment is necessary for the employer to provide essential services.
Restriction
(4) The order must not require the employer to change the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided.
Proportion of duties may vary during strike
(5) The Board may, for the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, take into account that some employees in the bargaining unit may be required by the employer to perform their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally.
Determination of number of necessary employees
(6) For the purposes of subsection (5), the number of employees in the bargaining unit that are necessary to provide the essential service is to be determined
(a) without regard to the availability of other persons to provide the essential service during a strike; and
(b) on the basis that the employer is not required to change, in order to provide the essential service during a strike, the manner in which the employer operates normally, including the normal hours of work, the extent of the employer’s use of overtime and the equipment used in the employer’s operations.
Application relating to specific position
(7) If the application relates to a specific position to be identified in the essential services agreement, the employer’s proposal in respect of the position is to prevail, unless the position is determined by the Board not to be of the type necessary for the employer to provide essential services.
Coming into force of amendment
128 An amendment to an essential services agreement comes into force on the day the agreement containing the amendment is signed by the parties or, in the case of an amendment made by order of the Board under subsection 127(3), the day the order was made.
Replacement positions
129 (1) If, at any time while an essential services agreement is in force, a position identified in it becomes vacant, the employer may identify a position of the same type as a replacement position. If the employer does so, the employer must file a notice of replacement with the Board and provide a copy to the bargaining agent.
Effect of notice
(2) On the filing of the notice, the replacement position is deemed to be a position identified in the essential services agreement and the position it replaced is deemed to be no longer identified.
Notification of employees
130 (1) The employer must provide every employee who occupies a position that has been identified in an essential services agreement as being a position that is necessary for the employer to provide essential services with a notice informing the employee that the employee occupies such a position.
Notification of change
(2) A notice given under this section remains valid so long as the employee continues to occupy the position unless the employer notifies the employee that the position occupied by the employee is no longer necessary for the employer to provide essential services.
Emergency application
131 Despite any provision in this Division, if either the employer or the bargaining agent is of the opinion that a temporary amendment to an essential services agreement, or its suspension, is necessary because of an emergency but the parties are unable to agree to do so, either of them may, at any time, apply to the Board for an order temporarily amending, or suspending, the agreement.
Duty to observe terms and conditions
132 Unless the parties otherwise agree, every term and condition of employment applicable to employees in a bargaining unit in respect of which a notice to bargain collectively is given that may be included in a collective agreement and that is in force on the day the notice is given remains in force in respect of any employee who occupies a position that is identified in an essential services agreement and must be observed by the employer, the bargaining agent for the bargaining unit and the employee until a collective agreement is entered into.
Extension of time
133 The Board may, on the application of either party, extend any period referred to in this Division.
Filing of essential services agreement
134 Either party to an essential services agreement may file a copy of it with the Board. When filed, it has the same effect as an order of the Board.
2013, c. 40, s. 307
10 Section 148 of the Act is replaced by the following:
Factors to be considered
148 In the conduct of its proceedings and in making an arbitral award, the arbitration board must take into account the following factors, in addition to any other factors that it considers relevant:
(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians;
(b) the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the arbitration board considers relevant;
(c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;
(d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances.
2013, c. 40, s. 309
11 Subsections 149(1) and (1.‍1) of the Act are replaced by the following:
Making of arbitral award
149 (1) The arbitration board must make an arbitral award as soon as feasible in respect of all the matters in dispute that are referred to it.
2013, c. 40, s. 310; 2017, c. 9, s. 20
12 Section 158.‍1 of the Act and the heading before it are repealed.
2013, c. 40, s. 312
13 Subsection 164(1) of the Act is replaced by the following:
Constitution
164 (1) The public interest commission consists of either a single member appointed in accordance with section 166 or, subject to subsection (2), three members, appointed in accordance with section 167.
2013, c. 40, s. 313
14 Section 165 of the Act is replaced by the following:
List
165 (1) For the purposes of sections 166 and 167, the Chairperson must, after consultation with the parties, prepare a list of names of persons who could be selected to act as a public interest commission that consists of a single member, or as the chairperson of a public interest commission that consists of three members.
Contents
(2) The list must set out
(a) the names of all eligible persons jointly recommended by the parties; and
(b) if the Chairperson is of the opinion that the parties have not jointly recommended a sufficient number of persons, the names of any other eligible persons whom the Chairperson considers suitable.
Commission with single member
166 (1) If the public interest commission is to consist of a single member, the Chairperson must submit to the Minister the list prepared under subsection 165(1). The Chairperson may, at his or her discretion, also recommend the appointment of a particular person named in the list.
Appointment
(2) After receiving the list, the Minister must, without delay, appoint a person named in the list.
2013, c. 40, s. 314
15 Subsections 167(3) to (5) of the Act are replaced by the following:
Appointment of chairperson nominated by parties
(3) Within five days after the day on which the second member is appointed, the two members must nominate to be chairperson and third member of the public interest commission a person from the list prepared under subsection 165(1), and the Chairperson must recommend to the Minister the appointment of that person. The Minister must appoint the person without delay as chairperson and third member of the commission.
Failure to nominate
(4) If the two members fail to make a nomination under subsection (3), the Chairperson must, without delay, submit to the Minister the list prepared under subsection 165(1). The Chairperson may, at his or her discretion, also recommend to the Minister the appointment of a particular person named in the list as the chairperson and third member of the public interest commission.
Appointment
(5) After receiving the list, the Minister must, without delay, appoint a person named in the list as the chairperson and third member of the public interest commission.
2013, c. 40, s. 315
16 Subsection 170(1) of the Act is replaced by the following:
Death, incapacity or resignation of single member
170 (1) In the event of the death, incapacity or resignation of the member of a public interest commission that consists of a single member before the commission makes a report to the Chairperson, the Chairperson must recommend to the Minister the appointment of another person from the list submitted under section 166 and the Minister must, without delay, appoint that person or another person on the list. That person must recommence the conciliation proceedings from the beginning.
2013, c. 40, s. 316(1)
17 Section 175 of the Act is replaced by the following:
Factors to be considered
175 In the conduct of its proceedings and in making a report to the Chairperson, the public interest commission must take into account the following factors, in addition to any other factors that it considers relevant:
(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians;
(b) the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the public interest commission considers relevant;
(c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;
(d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances.
2013, c. 40, s. 317
18 Subsections 176(1.‍1) and (1.‍2) of the Act are repealed.
2013, c. 40, s. 318
19 Section 179 of the Act is replaced by the following:
Reconsideration of matters contained in report
179 The Chairperson may direct the public interest commission to reconsider and clarify or amplify its report or any part of the report.
2013, c. 40, s. 319(1)
20 Subsection 182(1) of the Act is replaced by the following:
Alternate dispute resolution process
182 (1) Despite any other provision of this Part, the employer and the bargaining agent for a bargaining unit may, at any time in the negotiation of a collective agreement, agree to refer any term or condition of employment of employees in the bargaining unit that may be included in a collective agreement to any eligible person for final and binding determination by whatever process the employer and the bargaining agent agree to.
2013, c. 40, s. 320
21 Paragraph 190(1)‍(f) of the Act is replaced by the following:
(f) the employer, a bargaining agent or an employee has failed to comply with section 132 (duty to observe terms and conditions); or
2013, c. 40, s. 321
22 Paragraph 192(1)‍(a) of the Act is replaced by the following:
(a) if the employer has failed to comply with section 107 or 132, an order requiring the employer to pay to any employee compensation that is not more than the amount that, in the Board’s opinion, is equivalent to the remuneration that would, but for that failure, have been paid by the employer to the employee;
2013, c. 40, s. 322(2)
23 (1) Paragraph 194(1)‍(f) of the Act is replaced by the following:
(f) the process for resolution of a dispute applicable to the bargaining unit is conciliation and a notice to enter into an essential services agreement has been given under section 122by the employer or the employee organization, as bargaining agent for the bargaining unit, and no essential services agreement is in force in respect of the bargaining unit;
(g) the process for resolution of a dispute in respect of the bargaining unit is conciliation and a notice to amend an essential services agreement has been given under section 126 by the employer or the employee organization, as bargaining agent for the bargaining unit, and
(i) the essential services agreement has not been amended as a result of that notice, or
(ii) if an application referred to in subsection 127(1) was made by the employer or the employee organization, the application has not been finally disposed of by the Board;
(h) the process for resolution of a dispute in respect of the bargaining unit is conciliation and less than 30 clear days have elapsed since
(i) the date an essential services agreement came into force in respect of the bargaining unit, or
(ii) the date an application referred to in subsection 123(1) made by the employer or the employee organization as bargaining agent for the bargaining unit was finally disposed of by the Board, if such an application was made;
(i) the process for resolution of a dispute in respect of the bargaining unit is conciliation and the employer or the employee organization, as bargaining agent for the bargaining unit, has given a notice to amend an essential services agreement and less than 30 clear days have elapsed since
(i) the date of the coming into force of the amendment to the essential services agreement as a result of that notice, or
(ii) the date the application referred to in subsection 127(1) made by the employer or the employee organization was finally disposed of by the Board, if such an application was made;
(j) an essential services agreement binding on the employee organization and the employer has been suspended by order under section 131;
2013, c. 40, s. 322(4)
(2) Subsection 194(2) of the Act is replaced by the following:
Essential services
(2) No employee organization shall declare or authorize a strike the effect of which is or would be to involve the participation of any employee who occupies a position that is necessary under an essential services agreement for the employer to provide essential services, and no officer or representative of an employee organization shall counsel or procure the participation of those employees in a strike.
2013, c. 40, s. 323(2)
24 Paragraphs 196(f) and (g) of the Act are replaced by the following:
(f) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to enter into an essential services agreement has been given under section 122by the employer or the bargaining agent for the bargaining unit, and no essential services agreement is in force in respect of the bargaining unit;
(g) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to amend an essential services agreement has been given under section 126 by the employer or the bargaining agent for the bargaining unit, and
(i) the essential services agreement has not been amended as a result of that notice, or
(ii) if an application referred to in subsection 127(1) was made by the employer or the bargaining agent, the application has not been finally disposed of by the Board;
(h) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and less than 30 clear days have elapsed since
(i) the date an essential services agreement came into force in respect of the bargaining unit, or
(ii) the date an application referred to in subsection 123(1) made by the employer or the bargaining agent for the bargaining unit was finally disposed of by the Board, if such an application was made;
(i) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which the employer or the bargaining agent for the bargaining unit has given a notice to amend an essential services agreement and less than 30 clear days have elapsed since
(i) the date of the coming into force of the amendment to the essential services agreement as a result of that notice, or
(ii) the date the application referred to in subsection 127(1) made by the employer or the employee organization was finally disposed of by the Board, if such an application was made;
(j) occupies a position that is necessary under an essential services agreement for the employer to provide essential services;
(k) is included in a bargaining unit in respect of which an essential services agreement binding on the bargaining agent for the bargaining unit and the employer has been suspended by order under section 131;
2013, c. 40, s. 324
25 Section 199 of the Act is replaced by the following:
Obstruction
199 No person shall impede or prevent or attempt to impede or prevent an employee from entering or leaving the employee’s place of work if the employee occupies a position that is necessary under an essential services agreement for the employer to provide essential services.
2017, c. 9, s. 33
26 Section 238.‍21 of the Act is replaced by the following:
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.
Transitional Provisions
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.
2009, c. 2, s. 394
Amendments to the Public Sector Equitable Compensation Act
2017, c. 9, s. 52
28 Section 17 of the Public Sector Equitable Compensation Act is replaced by the following:
Request for arbitration
17 If arbitration has been chosen under subsection 103(1) of the Federal Public Sector Labour Relations Act as, or is, by reason of section 238.‍18 of that Act, the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for arbitration under subsection 136(1) of that Act.
2013, c. 40, s. 362; 2017, c. 9, subpar. 55(1)‍(q)‍(iii)
29 Section 20 of the Act is replaced by the following:
Request for conciliation
20 If conciliation has been chosen under subsection103(1) of the Federal Public Sector Labour Relations Act as the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for conciliation under subsection 161(1) of that Act.
2013, c. 40
Amendments to the Economic Action Plan 2013 Act, No 2
30 Subsection 307(2) of the Economic Action Plan 2013, No 2 is repealed.
31 Subsection 316(2) of the Act is repealed.
2013, c. 40, s. 467(3); 2014, c. 39, s. 382
32 Sections 325 to 336 of the Act are repealed.
2014, c. 39, ss. 383 and 384
33 Sections 339 to 360 of the Act are repealed.
2014, c. 20
Amendments to the Economic Action Plan 2014 Act, No. 1
34 Section 308 of the Economic Action Plan 2014 Act, No. 1 is repealed.
35 Subsection 310(1) of the Act is repealed.
2015, c. 36
Amendment to the Economic Action Plan 2015 Act, No. 1
36 Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1 is repealed.
Published under authority of the Speaker of the House of Commons
explanatory notes
Federal Public Sector Labour Relations Act
Clause 1: (1) Existing text of the definition:
essential service means a service, facility or activity of the Government of Canada that has been determined under subsection 119(1) to be essential.‍ (services essentiels)
(2) New.
(3) New.
Clause 2: Relevant portion of section 39:
39 The Board may make regulations concerning
Clause 3: Relevant portion of section 67:
67 Certification of an employee organization as the bargaining agent for a bargaining unit has the following effects:
Clause 4: Existing text of subsections 79(1) and (2):
79 (1) If, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations, other than as a result of a revocation of certification, an employee organization succeeds another one that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor is deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, an arbitral award or otherwise.
(2) If any question arises in respect of the merger, amalgamation or transfer of jurisdiction concerning the rights, privileges and duties of an employee organization under this Part or Division 1 of Part 2.‍1 or under a collective agreement or an arbitral award in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained.
Clause 5: Relevant portion of subsection 101(1):
101 (1) Revocation of the certification of an employee organization certified as the bargaining agent for a bargaining unit has the following effects:
Clause 6: Existing text of Division 6:
DIVISION 6 
Process for Dispute Resolution
103 Subject to section 104, the process for the resolution of disputes between an employer and the bargaining agent for a bargaining unit is conciliation.
104 (1) The employer and the bargaining agent for a bargaining unit may, by agreement in writing, choose arbitration as the process for the resolution of disputes. If the employer is a separate agency, it may enter into such an agreement only with the approval of the President of the Treasury Board.
(2) If, on the day on which notice to bargain collectively may be given, 80% or more of the positions in the bargaining unit have been designated under section 120, the process for the resolution of disputes between the employer and the bargaining agent is arbitration.
Clause 7: (1) Existing text of subsection 105(1):
105 (1) After the Board has certified an employee organization as the bargaining agent for a bargaining unit, the bargaining agent or the employer may, by notice in writing, require the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement.
(2) and (3) Relevant portion of subsection 105(2):
(2) Subject to subsection (2.‍1), the notice to bargain collectively may be given
.‍.‍. 
(b) if a collective agreement or arbitral award is in force, within the 12 months before it ceases to be in force.
(4) Existing text of subsection 105(2.‍1):
(2.‍1) In the case of the bargaining agent for a bargaining unit that has never been bound by a collective agreement or arbitral award to which the employer is a party, the notice to bargain collectively may not be given until the expiry of 60 days after the day on which the employer gives to the bargaining agent the notice required by section 121.
Clause 8: Relevant portion of section 107:
107 Unless the parties otherwise agree, and subject to subsection 125(1), after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day on which the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or
Clause 9: Existing text of sections 119 to 125:
119 (1) The employer has the exclusive right to determine whether any service, facility or activity of the Government of Canada is essential because it is or will be necessary for the safety or security of the public or a segment of the public.
(2) Nothing in this Act is to be construed as limiting the employer’s right under subsection (1).
120 (1) The employer has the exclusive right to designate the positions in a bargaining unit that include duties that, in whole or in part, are or will be necessary for the employer to provide essential services, and the employer may exercise that right at any time.
(2) Nothing in this Act is to be construed as limiting the employer’s right under subsection (1).
121 (1) The employer must notify in writing a bargaining agent that represents a bargaining unit that the employer either has, or has not, under section 120 designated positions in the bargaining unit.
(2) If the notice is to the effect that the employer has designated positions, the notice must identify the designated positions.
(3) The notice must be given not later than three months before the first day on which a notice to bargain collectively may be given. However, in the case of an employee organization that is certified as the bargaining agent for a bargaining unit after the day on which this section comes into force, the notice must be given within 60 days after the certification.
(4) The employer must notify the Board of the date the notice was given under subsection (1) to the bargaining agent.
122 (1) If the notice under subsection 121(1) is to the effect that the employer has designated positions, the employer must, after giving the notice, without delay, begin consultations with the bargaining agent about the designated positions that are identified in the notice. Those consultations must end 60 days after the day on which the notice is given.
(2) Within the 30 days that follow the end of the 60 days, the employer must notify the bargaining agent of the positions in the bargaining unit that the employer has or will designate under section 120.
123 If a position that is designated by the employer under section 120 becomes vacant, the employer may identify a position of the same type as a replacement position. If the employer does so, the employer must provide the bargaining agent with a notice of replacement.
124 (1) As soon as feasible after designating a position under section 120, the employer must provide the employee who occupies the position with a notice informing the employee that they occupy such a position.
(2) A notice given under this section remains valid as long as the employee continues to occupy the position unless the employer notifies the employee that the position occupied by them is no longer necessary for the employer to provide essential services.
125 (1) Unless the parties otherwise agree, every term and condition of employment applicable to employees in a bargaining unit in respect of which a notice to bargain collectively is given that may be included in a collective agreement and that is in force on the day on which the notice is given remains in force in respect of any employee who occupies a position that is designated under section 120 and must be observed by the employer, the bargaining agent for the bargaining unit and the employee until a collective agreement is entered into.
(2) Nothing in this Act is to be construed as limiting the employer’s right to require that an employee who occupies a position that is designated under section 120 perform all of the duties assigned to that position and 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.
Clause 10: Existing text of section 148:
148 (1) In determining whether compensation levels and other terms and conditions represent a prudent use of public funds and are sufficient to allow the employer to meet its operational needs, the arbitration board is to be guided by and to give preponderance to the following factors in the conduct of its proceedings and in making an arbitral award:
(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; and
(b) Canada’s fiscal circumstances relative to its stated budgetary policies.
(2) If relevant to the making of a determination under subsection (1), the arbitration board may take any of the following factors into account:
(a) relationships with compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;
(b) the compensation and other terms and conditions of employment relative to employees in similar occupations in the private and public sectors, including any geographical, industrial or other variations that the arbitration board considers relevant;
(c) compensation and other terms and conditions of employment that are reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(d) the state of the Canadian economy.
Clause 11: Existing text of subsections 149(1) and (1.‍1):
149 (1) The arbitration board must make an arbitral award as soon as feasible in respect of all the matters in dispute that are referred to it and set out in the award the reasons for its decision in respect of each of those matters.
(1.‍1) The arbitration board must not make an arbitral award without having taken into account all terms and conditions of employment of, and benefits provided to, the employees in the bargaining unit to which the award relates, including salaries, bonuses, allowances, vacation pay, employer contributions to pension funds or plans and all forms of health plans and dental insurance plans.
Clause 12: Existing text of the heading and section 158.‍1:
Matters Not Dealt With
158.‍1 (1) Within seven days after the day on which an arbitral award is made, the Chairperson may direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 and, if applicable, the factor referred to in section 238.‍21, based on a full consideration of the written submissions provided to the arbitration board.
(2) On application by either party to an arbitral award, made within seven days after the day on which the arbitral award is made, the Chairperson may, within seven days after the day on which the application is made, direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 and, if applicable, the factor referred to in section 238.‍21, based on a full consideration of the written submissions provided to the arbitration board.
(3) Within 30 days after the day on which the Chairperson directs it to review the arbitral award, or any part of it, the arbitration board must either confirm the award or amend it and provide the Chairperson with reasons in writing for doing so. If the arbitral award is amended, the arbitration board must also provide the Chairperson with a copy of the amended arbitral award.
(4) The Chairperson must, without delay, inform the parties of the arbitration board’s decision and provide them with a copy of that board’s reasons in writing. If the arbitral award is amended, the Chairperson must also provide the parties with a copy of the amended arbitral award.
(5) For greater certainty, the arbitration board’s power to amend the arbitral award is restricted to amending it only in relation to the matters in dispute that were originally referred to it.
Clause 13: Existing text of subsection 164(1):
164 (1) The public interest commission consists of either a single member appointed in accordance with section 165 or, subject to subsection (2), three members, appointed in accordance with section 167.
Clause 14: Existing text of section 165:
165 (1) If the public interest commission is to consist of a single member, the Chairperson must submit to the Minister the name of a person jointly recommended by the bargaining agent and the employer. If no person is so recommended, the Chairperson may, at his or her discretion, recommend the appointment of a particular person.
(2) After receiving the recommendation, the Minister must, without delay, appoint the person recommended.
Clause 15: Existing text of subsections 167(3) to (5):
(3) Within five days after the day on which the second member is appointed, the two members must nominate a person to be the chairperson and third member of the public interest commission, and the Chairperson must recommend to the Minister the appointment of that person. The Minister must appoint the person, without delay, as chairperson and third member of the commission.
(4) If the two members fail to make a nomination under subsection (3), the Chairperson must, without delay, recommend to the Minister the appointment of a particular person as the chairperson and third member of the public interest commission.
(5) After receiving the recommendation, the Minister must, without delay, appoint the person recommended as the chairperson and third member of the public interest commission.
Clause 16: Existing text of subsection 170(1):
170 (1) In the event of the death, incapacity or resignation of the member of a public interest commission that consists of a single member before the commission makes a report to the Chairperson, the Chairperson must recommend to the Minister the appointment of another person under section 165 and the Minister must, without delay, appoint that person. That person must recommence the conciliation proceedings from the beginning.
Clause 17: Existing text of section 175:
175 (1) In determining whether compensation levels and other terms and conditions represent a prudent use of public funds and are sufficient to allow the employer to meet its operational needs, the public interest commission is to be guided by and to give preponderance to the following factors in the conduct of its proceedings and in making a report to the Chairperson:
(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; and
(b) Canada’s fiscal circumstances relative to its stated budgetary policies.
(2) If relevant to the making of a determination under subsection (1), the public interest commission may take any of the following factors into account:
(a) relationships with compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;
(b) the compensation and other terms and conditions of employment relative to employees in similar occupations in the private and public sectors, including any geographical, industrial or other variations that the public interest commission considers relevant;
(c) compensation and other terms and conditions of employment that are reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(d) the state of the Canadian economy.
Clause 18: Existing text of subsections 176(1.‍1) and (1.‍2):
(1.‍1) The public interest commission must set out in the report the reasons for each of its recommendations.
(1.‍2) The public interest commission must not submit its report without having taken into account all terms and conditions of employment of, and benefits provided to, the employees in the bargaining unit to which the report relates, including salaries, bonuses, allowances, vacation pay, employer contributions to pension funds or plans and all forms of health plans and dental insurance plans.
Clause 19: Existing text of section 179:
179 The Chairperson may direct the public interest commission to reconsider and clarify or amplify its report or any part of it if in his or her opinion section 175 has not been properly applied.
Clause 20: Existing text of subsection 182(1):
182 (1) Despite any other provision of this Part, the employer and the bargaining agent for a bargaining unit may, at any time in the negotiation of a collective agreement, agree to refer any term or condition of employment of employees in the bargaining unit that may be included in a collective agreement to any eligible person for final and binding determination by whatever process the employer and the bargaining agent agree to. If the employer is a separate agency, it may enter into such an agreement to refer a term or condition for final and binding determination only with the approval of the President of the Treasury Board.
Clause 21: Relevant portion of subsection 190(1):
190 (1) The Board must examine and inquire into any complaint made to it that
.‍.‍. 
(f) the employer, a bargaining agent or an employee has failed to comply with subsection 125(1) (duty to observe terms and conditions); or
Clause 22: Relevant portion of subsection 192(1):
192 (1) If the Board determines that a complaint referred to in subsection 190(1) is well founded, the Board may make any order that it considers necessary in the circumstances against the party complained of, including any of the following orders:
(a) if the employer has failed to comply with section 107 or subsection 125(1), an order requiring the employer to pay to any employee compensation that is not more than the amount that, in the Board’s opinion, is equivalent to the remuneration that would, but for that failure, have been paid by the employer to the employee;
Clause 23: (1) Relevant portion of subsection 194(1):
194 (1) No employee organization shall declare or authorize a strike in respect of a bargaining unit, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of a strike in respect of a bargaining unit or the participation of employees in such a strike, if
.‍.‍. 
(f) the process for resolution of a dispute applicable to the bargaining unit is conciliation and a notice has been given under section 121 to the effect that the employer has, under section 120, designated positions in the bargaining unit and the employer has not notified the bargaining agent under subsection 122(2);
(2) Existing text of subsection 194(2):
(2) No employee organization shall declare or authorize a strike the effect of which is or would be to involve the participation of any employee who occupies a position that is designated under section 120, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of a strike in respect of a bargaining unit or the participation of those employees in a strike.
Clause 24: Relevant portion of section 196:
196 No employee shall participate in a strike if the employee
.‍.‍. 
(f) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice has been given under section 121 to the effect that the employer has, under section 120, designated positions in the bargaining unit and the employer has not notified the bargaining agent under subsection 122(2);
(g) occupies a position that has been designated under section 120;
Clause 25: Existing text of section 199:
199 No person shall impede or prevent or attempt to impede or prevent an employee from entering or leaving the employee’s place of work if the employee occupies a position that is designated under section 120.
Clause 26: Existing text of section 238.‍21:
238.‍21 In addition to the factors set out in subsection 148(2), the arbitration board may, if relevant to making a determination under subsection 148(1) 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.
Public Sector Equitable Compensation Act
Clause 28: Existing text of section 17:
17 If arbitration has been chosen under subsection 104(1) of the Federal Public Sector Labour Relations Act as, or is, by reason of subsection 104(2) or section 238.‍18 of that Act, the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for arbitration under subsection 136(1) of that Act.
Clause 29: Existing text of section 20:
20 If conciliation is the process for the resolution of disputes by reason of section 103 of the Federal Public Sector Labour Relations Act, questions concerning the provision of equitable compensation to employees may be the subject of a request for conciliation under subsection 161(1) of that Act.
Economic Action Plan 2013 Act, No 2
Clause 30: Text of subsection 307(2):
(2) Section 148 of the Federal Public Sector Labour Relations Act is amended by adding the following after subsection (2):
(3) Nothing in subsections (1) and (2) precludes the operation of sections 17 to 19 of the Public Sector Equitable Compensation Act.
Clause 31: Text of subsection 316(2):
(2) Section 175 of the Federal Public Sector Labour Relations Act is amended by adding the following after subsection (2):
(3) Nothing in subsections (1) and (2) precludes the operation of sections 20 and 21 of the Public Sector Equitable Compensation Act.
Clause 32: Text of sections 325 to 336:
325 (1) Subsection 208(2) of the Federal Public Sector Labour Relations Act is replaced by the following:
(2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament.
(2) Subsection 208(4) of the Federal Public Sector Labour Relations Act is replaced by the following:
(4) Unless the grievance is in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, an employee who is included in a bargaining unit may present an individual grievance only if the employee has the approval of and is represented by the bargaining agent for the bargaining unit.
(3) Section 208 of the Federal Public Sector Labour Relations Act is amended by adding the following after subsection (7):
(8) An individual grievance in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act must be presented at the first level in the grievance process within one year after the last of the acts or omissions that gave rise to the grievance, or any longer period that the Board considers appropriate in the circumstances.
(9) An individual grievance may be dismissed at any level of the grievance process if the grievance is considered to be trivial, frivolous, vexatious or made in bad faith. If it is dismissed, the employee must be informed in writing of the dismissal and the reasons for it.
326 (1) Subsection 209(1) of the Federal Public Sector Labour Relations Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:
(c.‍1) a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act; or
(2) Subsection 209(2) of the Federal Public Sector Labour Relations Act is replaced by the following:
(2) Unless the grievance is in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, an employee who is included in a bargaining unit may refer an individual grievance to adjudication only if the bargaining agent for the bargaining unit has agreed to represent the employee in the adjudication proceedings.
327 Section 210 of the Federal Public Sector Labour Relations Act is repealed.
328 Section 211 of the Federal Public Sector Labour Relations Act is renumbered as subsection 211(1) and is amended by adding the following:
(2) Subsection (1) does not apply in respect of the referral to adjudication of an individual grievance in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.
329 Subsection 215(4) of the Federal Public Sector Labour Relations Act is replaced by the following:
(4) A bargaining agent may not present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament.
330 Section 217 of the Federal Public Sector Labour Relations Act is repealed.
331 Subsections 220(1) and (2) of the Federal Public Sector Labour Relations Act are replaced by the following:
220 (1) If the employer and a bargaining agent are bound by an arbitral award or have entered into a collective agreement and the employer or the bargaining agent seeks to enforce an obligation that is alleged to arise out of the award or agreement, other than an obligation the enforcement of which may be the subject of a grievance of an employee in the bargaining unit to which the agreement or award applies, either of them may present a policy grievance to the other.
(2) Neither the employer nor a bargaining agent may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament.
332 Section 222 of the Federal Public Sector Labour Relations Act is repealed.
333 Paragraph 226(2)‍(b) of the Act is replaced by the following:
(b) give relief in accordance with any of paragraphs 53(2)‍(b) to (e) or subsection 53(3) of the Canadian Human Rights Act; and
334 Section 232 of the Federal Public Sector Labour Relations Act is replaced by the following:
232 An adjudicator’s decision in respect of a policy grievance is limited to one or more of the following:
(a) declaring the correct interpretation 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 the collective agreement or arbitral award in a specified manner, without giving it retroactive effect.
335 Section 235 of the Federal Public Sector Labour Relations Act is replaced by the following:
235 (1) Subject to subsection (3), if an individual grievance that is related to matters referred to in paragraph 209(1)‍(a) is referred to adjudication by an aggrieved employee, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employee in the adjudication proceedings.
(2) If an individual grievance that is related to matters referred to in paragraph 209(1)‍(b) or (c) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne in equal parts by the bargaining agent and the deputy head responsible for the portion of the public service that employs the aggrieved employee in the adjudication proceedings.
(3) If an individual grievance that is related to matters referred to in paragraph 209(1)‍(a) and matters referred to in paragraph 209(1)‍(b) or (c) or to matters in both of those paragraphs is referred to adjudication by an aggrieved employee, the expenses of the adjudication are to be borne in equal parts by the bargaining agent and the deputy head responsible for the portion of the public service that employs the aggrieved employee in the adjudication proceedings.
(4) If an individual grievance that is related to matters referred to in paragraph 209(1)‍(c.‍1) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne by the Board.
(5) If an individual grievance that is related to matters referred to in paragraph 209(1)‍(d) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employee in the adjudication proceedings.
(6) If an individual grievance that is related to matters referred to in paragraph 209(1)‍(b), (c), (c.‍1) or (d) is referred to adjudication by an aggrieved employee who is not included in a bargaining unit, the expenses of the adjudication are to be borne by the Board.
(7) Any amount that by this section is payable 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.
(8) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.
235.‍1 (1) If a group grievance is referred to adjudication, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employees in the adjudication proceedings.
(2) Any amount that by subsection (1) is payable 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.
(3) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.
235.‍2 (1) If a policy grievance is referred to adjudication, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent to the adjudication proceedings.
(2) Any amount that by subsection (1) is payable 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.
(3) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.
336 (1) Subsection 237(1) of the Federal Public Sector Labour Relations Act is amended by adding “and” at the end of paragraph (g), by striking out “and” at the end of paragraph (h) and by repealing paragraph (i).
(2) Section 237 of the Federal Public Sector Labour Relations Act is amended by adding the following after subsection (1):
(1.‍1) Regulations made under paragraph (1)‍(d), (f) or (h) may provide for extensions of time only in circumstances that the Board considers to be exceptional.
Clause 33: Text of sections 339 to 360:
339 The provisions of the Public Service Labour Relations Act, as it read immediately before the day on which sections 325 to 336 come into force, continue to apply in respect of every grievance presented under Part 2 of that Act before that day.
Canadian Human Rights Act
Amendments to the Act
340 Section 40.‍1 of the Canadian Human Rights Act is amended by adding the following after subsection (2):
(3) A complaint must not be dealt with by the Commission under section 40 if the complaint is made by an employee, as defined in subsection 206(1) of the Public Service Labour Relations Act, against their employer, as defined in subsection 2(1) of that Act and it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.
(4) A complaint must not be dealt with by the Commission under section 40 if the complaint is made by a person against the Public Service Commission or a deputy head as defined in subsection 2(1) of the Public Service Employment Act and it alleges that a discriminatory practice set out in section 7, 8, 10 or 14 has been engaged in in relation to
(a) an appointment or proposed appointment in an internal appointment process under that Act;
(b) the revocation of an appointment under that Act; or
(c) the laying off of employees under that Act.
Transitional Provision
341 The provisions of the Canadian Human Rights Act, as that Act read immediately before the day on which section 340 comes into force, continue to apply in respect of every complaint filed with or initiated by the Canadian Human Rights Commission before that day.
Public Service Employment Act
Amendments to the Act
342 (1) Paragraph 35(1)‍(b) of the Public Service Employment Act is replaced by the following:
(b) has the right to make a complaint under section 77 or 78.
(2) Paragraph 35(2)‍(b) of the Act is replaced by the following:
(b) has the right to make a complaint under section 77 or 78.
343 Paragraph 35.‍1(1)‍(b) of the Act is replaced by the following:
(b) has the right to make a complaint under section 77 or 78.
344 Paragraph 35.‍2(b) of the Act is replaced by the following:
(b) has the right to make a complaint under section 77 or 78.
345 Paragraph 35.‍3(b) of the Act is replaced by the following:
(b) has the right to make a complaint under section 77 or 78.
346 Subsection 58(2) of the Act is replaced by the following:
(2) A deputy head may extend the specified term, and the extension does not constitute an appointment or deployment or entitle any person to make a complaint under section 77 or 78.
347 Subsection 59(2) of the Act is replaced by the following:
(2) A conversion under subsection (1) does not constitute an appointment or deployment or entitle any person to make a complaint under section 77 or 78.
348 Subsections 64(1) and (2) of the Act are replaced by the following:
64 (1) If an employee’s services are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside those portions of the federal public administration named in Schedule I, IV or V to the Financial Administration Act, the deputy head may lay off the employee, in which case the deputy head shall so advise the employee.
(2) If the deputy head determines under subsection (1) that some but not all of the employees in any part of the deputy head’s organization who occupy positions at the same group and level and perform similar duties are to be laid off, the employees to be laid off shall be selected in accordance with the Commission’s regulations.
349 (1) Subsection 65(1) of the Act is replaced by the following:
65 (1) If some but not all of the employees in a part of an organization who occupy positions at the same group and level and perform similar duties are informed by the deputy head that they will be laid off, any employee selected for lay-off may make a complaint to the Tribunal, in the manner and within the time fixed by the Tribunal’s regulations, that his or her selection constituted an abuse of authority.
(2) Subsections 65(5) and (6) of the Act are replaced by the following:
(5) If the Tribunal determines that the Commission or the deputy head has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, it may order that the Commission or deputy head, as the case may be, cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future or it may make any order that may be made under any of paragraphs 53(2)‍(b) to (e) or subsection 53(3) of that Act.
(3) Subsection 65(8) of the Act is repealed.
350 The Act is amended by adding the following after section 76:
76.‍1 (1) If the Tribunal finds a complaint under section 74 to be substantiated and it determines that the Commission or the deputy head has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, it may
(a) order that the Commission or deputy head, as the case may be, cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future; or
(b) make any order that may be made under any of paragraphs 53(2)‍(b) to (e) or subsection 53(3) of that Act.
(2) In considering whether a complaint is substantiated, the Tribunal may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value.
351 Sections 77 to 79 of the Act are replaced by the following:
77 (1) When the Commission has made or proposed an appointment in an internal appointment process, a person referred to in subsection (2) may, in the manner and within the period provided by the Tribunal’s regulations, make a complaint to the Tribunal that he or she was not appointed or proposed for appointment by reason of
(a) an abuse of authority by the Commission or the deputy head in the exercise of its or his or her authority under subsection 30(2);
(b) an abuse of authority by the Commission in choosing between an advertised and a non-advertised internal appointment process; or
(c) the failure of the Commission to assess the complainant in the official language of his or her choice as required by subsection 37(1).
(2) The following persons may make a complaint under subsection (1):
(a) in the case of an advertised internal appointment process, a person who is an unsuccessful candidate in the area of selection determined under section 34 and who has been determined by the Commission to meet the essential qualifications for the work to be performed as established by the deputy head under paragraph 30(2)‍(a); and
(b) in the case of a non-advertised internal appointment process, a person who is in the area of selection determined under section 34.
(3) The Tribunal may not consider an allegation that fraud occurred in an appointment process or that an appointment or proposed appointment was not free from political influence.
(4) No complaint may be made under subsection (1) in respect of an appointment under subsection 15(6) (reappointment on revocation by deputy head), section 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities), section 73 (reappointment on revocation by Commission) or section 86 (reappointment following Tribunal order), or under any regulations made under paragraph 22(2)‍(a).
(5) If the Tribunal finds the complaint to be substantiated, it may order the Commission to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Tribunal considers appropriate.
78 (1) When, in the case of an advertised internal appointment process, the Commission has made or proposed an appointment, a person who is an unsuccessful candidate in the area of selection determined under section 34 and who has been determined by the Commission not to meet the essential qualifications for the work to be performed as established by the deputy head under paragraph 30(2)‍(a) or the qualifications considered by the deputy head under subparagraph 30(2)‍(b)‍(i) to be an asset for that work may, in the manner and within the period provided by the regulations, make a complaint to the Tribunal that
(a) the deputy head has abused his or her authority under paragraph 30(2)‍(a) in establishing the essential qualifications for the work to be performed;
(b) the deputy head has abused his or her authority under subparagraph 30(2)‍(b)‍(i) in determining the qualifications that are considered to be an asset for that work;
(c) the Commission has abused its authority under subsection 30(2) in making that determination in relation to the essential qualifications for the work to be performed or the qualifications considered to be an asset for that work; or
(d) the Commission has failed to assess the complainant in the official language of the complainant’s choice as required by subsection 37(1).
(2) No complaint may be made under subsection (1) in respect of an appointment under subsection 15(6) (reappointment on revocation by deputy head), section 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities), section 73 (reappointment on revocation by Commission) or section 86 (reappointment following Tribunal order), or under any regulations made under paragraph 22(2)‍(a).
(3) If the Tribunal finds the complaint to be substantiated, it may order the Commission to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Tribunal considers appropriate.
79 A person making a complaint under section 77 or 78, the person appointed or proposed for appointment, the deputy head and the Commission — or their representatives — are entitled to be heard by the Tribunal.
352 Section 80 of the English version of the Act is replaced by the following:
80 In considering whether a complaint under section 77 or 78 is substantiated, the Tribunal may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value.
353 Sections 81 and 82 of the Act are replaced by the following:
81 (1) If the Tribunal finds a complaint under section 77 or 78 to be substantiated, the Tribunal may
(a) order the Commission or the deputy head to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Tribunal considers appropriate; and
(b) if it has determined that the Commission or the deputy head has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act,
(i) order that the Commission or deputy head, as the case may be, cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future; or
(ii) make any order that may be made under any of paragraphs 53(2)‍(b) to (e) or subsection 53(3) of that Act.
(2) The Tribunal may not order the Commission or the deputy head to make an appointment or to conduct a new appointment process if the Commission or the deputy head, as the case may be, has not been determined to have engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.
354 Paragraphs 83(a) and (b) of the Act are replaced by the following:
(a) the person who made the complaint under section 77 or 78,
(b) the person who was the subject of the appointment or proposed appointment referred to in subsection 77(1) or 78(1), or
355 Section 84 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) if the complaint involved a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, make any order against the deputy head or the Commission that the Tribunal considers appropriate in the circumstances.
356 Subsection 88(2) of the Act is replaced by the following:
(2) The Tribunal’s mandate is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77, 78 and 83.
357 Section 99 of the Act is amended by adding the following after subsection (2):
(2.‍1) The Tribunal may summarily dismiss a complaint if the complainant fails to comply with any procedures set out in this Act, or the Tribunal’s regulations, in relation to a complaint.
(2.‍2) The Tribunal may summarily dismiss a complaint if the deputy head has taken the corrective action that the Tribunal considers appropriate in relation to the complaint.
358 Section 101 of the Act is replaced by the following:
101 The Tribunal shall render a decision on a complaint made under subsection 65(1) or section 74, 77, 78 or 83 and provide a copy of it — including any written reasons — and any accompanying order to the Commission and to each person who exercised the right to be heard on the complaint.
359 (1) Paragraph 109(a) of the Act is replaced by the following:
(a) the manner in which and the time within which a complaint may be made under subsection 65(1) or section 74, 77, 78 or 83;
(2) Section 109 of the Act is amended by adding “and” at the end of paragraph (c) and by repealing paragraph (d).
Transitional Provision
360 The provisions of the Public Service Employment Act, as it Act read immediately before the day on which sections 348 to 357 come into force, continue to apply in respect of every complaint made under that Act before that day.
Economic Action Plan 2014 Act, No. 1
Clause 34: Existing text of section 308:
308 Paragraph 226(1)‍(h) of the Public Service Labour Relations Act is replaced by the following:
(h) if the adjudicator has determined that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act,
(i) order that the employer cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future, or
(ii) give relief in accordance with any of paragraphs 53(2)‍(b) to (e) or subsection 53(3) of that Act;
Clause 35: Existing text of subsection 310(1):
310 (1) Section 308 comes into force on the day on which subsection 326(1) of the Economic Action Plan 2013 Act, No. 2 comes into force.
Economic Action Plan 2015 Act, No. 1
Clause 36: Existing text of Division 20:
DIVISION 20 
Sick Leave and Disability Programs
Interpretation
Definitions
253 (1) The following definitions apply in this Division.
application period means the period of four years that begins on the effective date. (période d’application)
effective date means the date specified in an order made under section 266 on which the short-term disability program becomes effective. (date de mise en œuvre)
employee means a person employed in the core public administration, other than a person referred to in any of paragraphs (b) to (g) and (j) of the definition employee in subsection 2(1) of the Federal Public Sector Labour Relations Act. (fonctionnaire)
short-term disability program means the program established under section 260. (programme d’invalidité de courte durée)
Same meaning
(2) Unless a contrary intention appears, words and expressions used in this Division have the same meaning as in the Federal Public Sector Labour Relations Act.
Sick Leave
Sick leave
254 (1) Despite the Federal Public Sector Labour Relations Act, the Treasury Board may, during the period that begins on a day to be fixed by order made under subsection (3) and that ends immediately before the effective date, in the exercise of its responsibilities under section 11.‍1 of the Financial Administration Act, establish terms and conditions of employment related to the sick leave of employees in any particular bargaining unit and modify any such term or condition that is established during that period.
Clarification
(2) The terms and conditions of employment may include ones that are related to
(a) the number of hours of sick leave to which an employee is entitled in a fiscal year;
(b) the maximum number of hours of unused sick leave that an employee may carry over from one fiscal year to the next fiscal year; and
(c) the disposition of unused hours of sick leave that stand to an employee’s credit immediately before the effective date.
Order in council
(3) The Governor in Council may, by order made on the recommendation of the President of the Treasury Board, specify a day for the purposes of subsection (1).
Contractual language
255 Every term and condition of employment that is established or modified as permitted by section 254 must be drafted in a manner that permits its incorporation into a collective agreement or arbitral award that is binding on the employees in the bargaining unit.
Incorporation into collective agreement and arbitral award
256 Every term and condition of employment that is established or modified as permitted by section 254 is deemed, on the effective date, to be incorporated, as it is drafted to comply with section 255, into any collective agreement or arbitral award that is binding on the employees in the bargaining unit and that is in force on that date. That term or condition applies despite any provision to the contrary in the collective agreement or arbitral award.
Replacement of terms and conditions
257 Every term and condition of employment of the employees in the bargaining unit that is continued in force, on the effective date, by section 107 of the Federal Public Sector Labour Relations Act and that is inconsistent with a term or condition of employment that is established as permitted by section 254 in respect of those employees is, on the effective date, replaced by that term or condition, as it is drafted to comply with section 255.
Provisions are of no effect — arbitral awards during application period
258 (1) If an arbitral award that is binding on the employees in the bargaining unit is made during the application period and it contains a provision that is inconsistent with the terms and conditions of employment related to sick leave that applied to those employees immediately before the day on which the arbitral award is made, that provision is of no effect in relation to any period during the application period.
Application
(2) Subsection (1) applies only in respect of terms and conditions of employment that are established or modified as permitted by section 254 in respect of the employees in the bargaining unit.
Provisions are of no effect — arbitral awards after application period
259 (1) If an arbitral award that is binding on the employees in the bargaining unit is made after the expiry of the application period and it contains a provision that applies retroactively in relation to any period during the application period, any such provision that is inconsistent with the terms and conditions of employment related to sick leave that applied to those employees immediately before the expiry of the application period is of no effect in relation to that period during the application period.
Application
(2) Subsection (1) applies only in respect of terms and conditions of employment that are established or modified as permitted by section 254 in respect of the employees in the bargaining unit.
Short-term Disability Program
Establishment
260 (1) Despite the Federal Public Sector Labour Relations Act, the Treasury Board may, in the exercise of its powers under section 7.‍1 of the Financial Administration Act, establish a short-term disability program for employees in the bargaining units specified by order made by the Treasury Board, and for any other persons or classes of persons that the Treasury Board may designate, and take any measure necessary for that purpose. It may also, during the period that begins on the day on which the program is established and that ends on the expiry of the application period, and after taking into account the recommendations of the committee established under section 265, modify the program.
Time specification can be made
(2) The Treasury Board may specify a bargaining unit for the purposes of subsection (1) at the time it establishes the short-term disability program or at any time afterwards, and section 7.‍1 of the Financial Administration Act includes that power until the program is abolished or replaced.
Deeming
(3) Every bargaining unit of employees that has not been specified by the Treasury Board for the purposes of subsection (1) before the effective date is deemed to have been specified by order of the Treasury Board made immediately before the effective date.
Mandatory contents
261 (1) The short-term disability program must provide for the following:
(a) the rate or rates of benefits and the period during which the rate, or each rate, as the case may be, applies;
(b) the maximum period for which benefits may be paid; and
(c) provisions respecting the case management services that are to be provided.
Optional contents
(2) The short-term disability program may provide for a period during which benefits under it are not to be paid and any other matter that the Treasury Board considers appropriate.
Application of program
262 (1) The short-term disability program applies to the employees referred to in subsection 260(1), and to the other persons referred to in that subsection, during the application period despite
(a) any provision to the contrary of any collective agreement or arbitral award that is binding on those employees and that is in force on the effective date; and
(b) any terms and conditions of employment of those employees that are continued in force by section 107 of the Federal Public Sector Labour Relations Act and that are in force on the effective date.
Provisions are of no effect
(2) Every provision of any collective agreement that is entered into — and of any arbitral award that is made — on or after the effective date that is binding on employees referred to in subsection 260(1) and that is inconsistent with the program is of no effect during the application period.
Program continues
(3) The short-term disability program continues to apply to employees referred to in subsection 260(1), and to the other persons referred to in that subsection, after the expiry of the application period and until the program is abolished or replaced.
No retroactive application
263 No modification to the short-term disability program that is made by the Treasury Board in the exercise of its powers under section 7.‍1 of the Financial Administration Act after the expiry of the application period may, in relation to any period during the application period, retroactively affect the program.
Non-application
264 Subsection 7.‍1(2) of the Financial Administration Act does not apply in respect of the short-term disability program.
Committee
265 (1) The Treasury Board must, on the effective date, establish a committee consisting of representatives of the employer and representatives of the bargaining agents for employees.
Purpose
(2) The purpose of the committee is to make joint recommendations regarding modifications to the short-term disability program, including modifications to
(a) membership in the program;
(b) the matters referred to in section 261;
(c) the conditions for continuing to receive benefits under the program; and
(d) the reasons for which benefits under the program may be denied.
Order — effective date
266 The Treasury Board may, by order made on the recommendation of the President of the Treasury Board, specify the date on which the short-term disability program becomes effective.
Long-term Disability Programs
Modifications
267 Despite the Federal Public Sector Labour Relations Act, the Treasury Board may, during the period that begins on the day on which the short-term disability program is established and that ends on the expiry of the application period, in the exercise of its powers under section 7.‍1 of the Financial Administration Act, modify any long-term disability program in respect of the period during which an employee is not entitled to be paid benefits under the program.
Application of modifications
268 (1) The modifications made as permitted by section 267 apply to employees during the application period despite
(a) every provision to the contrary of any collective agreement or arbitral award that is binding on the employees and that is in force on the effective date; and
(b) any terms and conditions of employment of the employees that are continued in force by section 107 of the Federal Public Sector Labour Relations Act and that are in force on the effective date.
Provisions are of no effect
(2) Every provision of any collective agreement that is entered into — and of any arbitral award that is made — on or after the effective date that is inconsistent with any modifications that are made as permitted by section 267 is of no effect during the application period.
Provisions continue
(3) Every provision of any long-term disability program that is modified as permitted by section 267 continues to apply to employees after the expiry of the application period until the provision is struck out or replaced.
No retroactive application
269 No modification to a long-term disability program that is made by the Treasury Board in the exercise of its powers under section 7.‍1 of the Financial Administration Act after the expiry of the application period may, in relation to any period during the application period, retroactively affect the provisions of that program that are modified as permitted by section 267.
General
Right to bargain collectively
270 Subject to the other provisions of this Division, the right to bargain collectively under the Federal Public Sector Labour Relations Act is continued.
Right to strike
271 Nothing in this Division affects the right to strike under the Federal Public Sector Labour Relations Act.
Amendments permitted
272 Nothing in this Division precludes the bargaining agents for employees who are bound by a collective agreement or arbitral award and the employer of those employees from amending, by agreement in writing, or from making a joint application to amend, any provision of the collective agreement or arbitral award, as the case may be, so long as the amendment is not contrary to this Division.
Exemption from Statutory Instruments Act
273 The Statutory Instruments Act does not apply to orders made under sections 254, 260 and 266. However, each of those orders must be published in the Canada Gazette.
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