Public Service Labour Relations Act (S.C. 2003, c. 22, s. 2)

Marginal note:Appointments of other members from list

• 19. (1) Every member, other than the Chairperson or a Vice-Chairperson, must be appointed from among eligible persons whose names are included on a list prepared by the Chairperson after consultation with the employer and the bargaining agents.

• Marginal note:Contents

  (2) The Chairperson must set out on the list

  • (a) the names of all eligible persons recommended by the employer;

  • (b) the names of all eligible persons recommended by the bargaining agents; and

  • (c) the names of any other eligible persons whom the Chairperson considers suitable for appointment.

• Marginal note:Equal numbers

  (3) The appointment of members, other than the Chairperson and the Vice-Chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents.

• Marginal note:Non-representative Board

  (4) Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in respect of all powers and functions under this Act.

Marginal note:Full or part-time members

20. The Chairperson and the Vice-Chairpersons are each full-time members and the other members may be appointed as full-time or part-time members.

Marginal note:Residence of full-time members

21. The full-time members must reside in the National Capital Region described in the schedule to the National Capital Act or within any distance of it that the Governor in Council may determine.

Marginal note:Tenure

• 22. (1) Each member is to be appointed to hold office during good behaviour and may be removed by the Governor in Council for cause.

• Marginal note:Term of office

  (2) A member may be appointed for a term of office that is not more than five years.

• Marginal note:Reappointment

  (3) A member is eligible for reappointment on the expiry of any term of office.

• Marginal note:Completion of duties

  (4) A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any functions or responsibilities that the person would otherwise have had in connection with any matter that came before the Board while the person was still a member and in respect of which there was any proceeding in which the person participated as a member. For that purpose, the person is deemed to be a part-time member.