Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)
Full Document:
Assented to 2013-12-12
Marginal note:Continuation — members of former Board
395. (1) A member of the former Board — other than an adjudicator referred to in paragraph 223(2)(d) of the Public Service Labour Relations Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force — may, at the request of the Chairperson of the new Board, continue to hear and decide any matter that was before the member before that day.
Marginal note:Powers
(2) For the purposes of subsection (1), a member of the former Board exercises the same powers, and performs the same duties and functions, as a panel of the new Board.
Marginal note:Refusal to complete duties
(3) If a member of the former Board refuses to continue to hear or decide any matter referred to in subsection (1), the Chairperson of the new Board may assign it to a panel of the new Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.
Marginal note:Supervision by Chairperson of new Board
(4) The Chairperson of the new Board has supervision over and direction of the work of any member of the former Board who continues to hear and decide a matter referred to in subsection (1).
Marginal note:Remuneration and expenses
(5) A member of the former Board who continues to hear and decide a matter referred to in subsection (1)
(a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and
(b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from their ordinary place of residence.
Marginal note:Limitation
(6) The Chairperson of the new Board may withdraw from a member of the former Board a matter referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366(1) of this Act comes into force and assign it to a panel of the new Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act on any terms and conditions that the Chairperson of the new Board may specify for the protection and preservation of the rights and interests of the parties.
Marginal note:Continuation — former Board member adjudicators
396. (1) An adjudicator referred to in paragraph 223(2)(d) of the Public Service Labour Relations Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force, may, at the request of the Chairperson of the new Board, continue to hear and decide any grievance that was before the adjudicator before that day.
Marginal note:Powers
(2) For the purposes of subsection (1), the adjudicator exercises the same powers as an adjudicator under the Public Service Labour Relations Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force.
Marginal note:Refusal to complete duties
(3) If an adjudicator refuses to continue to hear or decide a grievance referred to in subsection (1), the new Board is seized of the grievance.
Marginal note:Supervision by Chairperson of new Board
(4) The Chairperson of the new Board has supervision over and direction of the work of any adjudicator who continues to hear and decide a grievance referred to in subsection (1).
Marginal note:Remuneration and expenses
(5) An adjudicator who continues to hear and decide a grievance referred to in subsection (1)
(a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and
(b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from their ordinary place of residence.
Marginal note:Limitation
(6) The Chairperson of the new Board may withdraw from an adjudicator a grievance referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366(1) of this Act comes into force. If the Chairperson of the new Board withdraws the grievance, the new Board becomes seized of it.
Marginal note:Persons employed by former Board
397. Nothing in this Division affects the status of any person who was employed by the former Board immediately before the day on which subsection 366(1) of this Act comes into force, except that, as of that day, the person is employed by the new Board.
Marginal note:Rights and obligations transferred
398. All rights and property held by or in the name of or in trust for the former Board and all obligations and liabilities of the former Board are deemed to be rights, property, obligations and liabilities of the new Board.
Marginal note:References
399. Every reference to the former Board in a deed, contract or other document executed or, in Quebec, signed by the former Board in its own name is to be read as a reference to the new Board, unless the context requires otherwise.
Marginal note:Continuation of legal proceedings
400. Any action, suit or other proceeding to which the former Board is a party that is pending in any court on the day on which subsection 366(1) of this Act comes into force may be continued by or against the new Board in the same manner and to the same extent as it could have been continued by or against the former Board.
Marginal note:Commencement of legal proceedings
401. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Board may be brought against the new Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Board.
Marginal note:Orders and decisions continued
402. Every order or decision made by the former Board is deemed to have been made by the new Board and may be enforced as such.
2003, c. 22, ss. 12 and 13Public Service Employment Act
Amendments to the Act
403. (1) The definition “Tribunal” in subsection 2(1) of the Public Service Employment Act is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“Board”
« Commission des relations de travail et de l’emploi »
“Board” means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act.
404. (1) The portion of subsection 35(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Mobility — separate agencies
35. (1) Unless otherwise provided in this or any other Act, a person employed in a separate agency to which the Commission does not have the exclusive authority to make appointments
(2) Section 35 of the Act is amended by adding the following after subsection (1):
Marginal note:Exception
(1.1) Paragraph (1)(b) does not apply to persons employed by the Board.
(3) Subsection 35(3) of the Act is repealed.
405. The headings before section 88 and sections 88 to 96 of the Act are replaced by the following:
PART 6PUBLIC SERVICE LABOUR RELATIONS AND EMPLOYMENT BOARD
Powers, Duties and Functions
Marginal note:Complaints
88. The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77 and 83.
Marginal note:Powers
89. Subject to any limitations that the Governor in Council may establish in the interests of defence or security, the Board has, in relation to a complaint, the power to enter any premises of an employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliances or articles in the premises and require any person in the premises to answer all questions relating to the complaint.
406. The heading before section 97 of the Act is replaced by the following:
Mediation Services
407. Sections 98 to 104 of the Act are replaced by the following:
Complaint Procedure
Marginal note:Filing of order in Federal Court
103. (1) The Board must, on the request in writing of the Commission or any person to whom an order of the Board applies, file a certified copy of the order in the Federal Court unless, in the Board’s opinion
(a) there is no indication, or likelihood, of failure to comply with the order; or
(b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.
Marginal note:Non-application
(2) Section 35 of the Public Service Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1).
Marginal note:Effect of filing
(3) An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.
Marginal note:Copy of decision provided
103.1 The Board shall render a decision on a complaint made under subsection 65(1) or section 74, 77 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.
General
Marginal note:Certain persons not compellable as witnesses
104. Persons providing mediation services under this Part are not competent or compellable to appear as witnesses in any civil action, suit or other proceeding respecting information obtained in the discharge of their functions under this Part.
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