Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )

Marginal note:Filing of order in Federal Court

• 103. (1) The Commission or any person to whom an order of the Tribunal applies may, after the day specified for compliance or, if no such day is specified in the order, not sooner than 30 days after the day the order was made, file in the Federal Court a certified true copy of the order.

• Marginal note:Effect of filing

  (2) On the filing of an order, it becomes an order of the Federal Court and may be enforced as such.

Marginal note:Members not compellable as witnesses

104. Members of the Tribunal, persons employed by the Tribunal and persons retained under subsection 95(2) are not competent or compellable to appear as a witness in any civil proceedings respecting information obtained in the discharge of their functions.

Marginal note:Notes and drafts not to be disclosed

105. None of the following may be disclosed without the consent of the person who made them:

• (a) notes or draft orders or decisions of the members of the Tribunal; and

• (b) notes of any person providing mediation services under this Part.

Marginal note:Immunity from proceedings

106. No criminal or civil proceedings lie against a member of the Tribunal, or any person acting on behalf of the Tribunal for anything done or omitted to be done by that member or that person in good faith under this Part.

Marginal note:Oath or affirmation

107. Before commencing his or her functions, a person appointed as a member of the Tribunal shall take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:

I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgement, skill and ability, execute and perform the office of member (or Chairperson or Vice-Chairperson) of the Public Service Staffing Tribunal. (Add, in the case where an oath is taken, “So help me God” (or name of deity).)

Marginal note:Payment of witness fees

108. A person who is summoned by a member of the Tribunal to attend as a witness at any proceeding of the Tribunal is entitled to receive fees and allowances for so attending equal to those to which the person would be entitled if summoned to attend before the Federal Court.

Marginal note:Regulations of Tribunal

109. The Tribunal may make regulations respecting

• (a) the manner in which and the time within which a complaint may be made under subsection 65(1) or section 74, 77 or 83;

• (b) the procedure for the hearing of complaints by the Tribunal;

• (c) the time within which, and the persons to whom, notices and other documents must be given in relation to complaints and when the notices are deemed to have been sent, given or received;

• (d) the manner of giving notice of an issue to the Canadian Human Rights Commission under subsection 65(5) or section 78; and

• (e) the disclosure of information obtained in the course of an appointment process or a complaint proceeding under this Act.