An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures (S.C. 2017, c. 9)

Marginal note:Replacement of Public Service Labour Relations and Employment Board Act — Acts

• 56 (1) In the following provisions, “Public Service Labour Relations and Employment Board Act” is replaced by “Federal Public Sector Labour Relations and Employment Board Act”:

  • (a) in the Parliamentary Employment and Staff Relations Act,

    • (i) subsection 49(3),

    • (ii) paragraph 66(4)(a), and

    • (iii) section 66.1;

  • (b) in the Public Service Labour Relations Act,

    • (i) paragraph 2(3)(a),

    • (ii) subsections 147(1) and (2),

    • (iii) subsections 174(1) and (2),

    • (iv) subsection 226(1),

    • (v) section 233, and

    • (vi) subsection 234(2); and

  • (c) subsection 103(2) of the Public Service Employment Act.

• Marginal note:Other references

  (2) Unless the context requires otherwise, every reference to the Public Service Labour Relations and Employment Board Act in any provision of an Act of Parliament other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations and Employment Board Act.

Marginal note:Replacement of “Public Service Labour Relations and Employment Board” — Acts

• 57 (1) In the following provisions, “Public Service Labour Relations and Employment Board” is replaced by “Federal Public Sector Labour Relations and Employment Board”:

  • (a) the heading of Division I of Part I of the Parliamentary Employment and Staff Relations Act;

  • (b) in the Public Service Labour Relations Act,

    • (i) the heading of Division 4 of Part 1, and

    • (ii) subparagraph 240(a)(ii) and paragraphs 240(b) and (c);

  • (c) the heading of Part 6 of the Public Service Employment Act;

  • (d) the heading “Public Service Labour Relations and Employment Board” before section 25 of the Public Sector Equitable Compensation Act; and

  • (e) in the Public Service Labour Relations and Employment Board Act,

    • (i) the heading “Public Service Labour Relations and Employment Board” before section 4, and

    • (ii) the oath or solemn affirmation in section 9.

• Marginal note:Other replacements

  (2) In the following provisions, “Public Service Labour Relations and Employment Board” and “Commission des relations de travail et de l’emploi dans la fonction publique” are replaced by “Federal Public Sector Labour Relations and Employment Board” and “Commission des relations de travail et de l’emploi dans le secteur public fédéral”, respectively:

  • (a) Part II of Schedule I to the Public Service Superannuation Act;

  • (b) Schedule I to the Public Sector Compensation Act, under the heading “Other Portions of the Public Service”; and

  • (c) the schedule to the Administrative Tribunals Support Service of Canada Act.

• Marginal note:Other references

  (3) Unless the context requires otherwise, every reference to the Public Service Labour Relations and Employment Board in any provision of an Act of Parliament other than a provision referred to in subsection (1) or (2) is to be read as a reference to the Federal Public Sector Labour Relations and Employment Board.

Marginal note:Replacement of Public Service Labour Relations Act — regulations and SOR/2005-59

• 58 (1) In the following provisions, “Public Service Labour Relations Act” is replaced by “Federal Public Sector Labour Relations Act”:

  • (a) the definition Act in section 1 of the Public Service Labour Relations Regulations;

  • (b) in the Public Service Labour Relations Act Separate Agency Designation Order,

    • (i) the title, and

    • (ii) section 1;

  • (c) section 80 of the Northwest Territories Mining Regulations; and

  • (d) section 80 of the Nunavut Mining Regulations.

• Marginal note:Replacement of “that Act” — SI/2005-17

  (2) The Order Designating the Minister of Canadian Heritage as Minister for Purposes of the Act is amended by replacing “that Act” with “Federal Public Sector Labour Relations Act”.

• Marginal note:Other references

  (3) Unless the context requires otherwise, every reference to the Public Service Labour Relations Act in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament, other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations Act.

Marginal note:Replacement of Public Service Labour Relations and Employment Board Act — SI/2015-102

• 59 (1) Paragraph (b) of the Order Designating the Minister of Public Works and Government Services to be the Minister referred to in the Act is amended by replacing “Public Service Labour Relations and Employment Board Act” with “Federal Public Sector Labour Relations and Employment Board Act”.

• Marginal note:Other references — regulations

  (2) Unless the context requires otherwise, every reference to the Public Service Labour Relations and Employment Board Act in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament is to be read as a reference to the Federal Public Sector Labour Relations and Employment Board Act.

Marginal note:Replacement of “Public Service Labour Relations and Employment Board” — SOR/86-1140

• 60 (1) Forms 3, 4, 6 to 9, 11 to 14, 17 and 18 of the Parliamentary Employment and Staff Relations Regulations are amended by replacing “Public Service Labour Relations and Employment Board” with “Federal Public Sector Labour Relations and Employment Board”.

• Marginal note:Other references

  (2) Unless the context requires otherwise, every reference to the Public Service Labour Relations and Employment Board in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament, other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations and Employment Board.

Transitional Provisions

Marginal note:Definitions

• 61 (1) The following definitions apply in this section and sections 62 to 64.

  former Act

  former Act means the Public Service Labour Relations Act, as it read immediately before the coming into force of section 2. (ancienne loi)

  member

  member has the same meaning as in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre)

  reservist

  reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste)

• Marginal note:Same meaning

  (2) Unless the context requires otherwise, words and expressions used in sections 62 to 64 have the same meaning as in subsection 2(1) of the former Act.

Marginal note:Individual grievances

• 62 (1) Any individual grievance presented by a member under subsection 208(1) of the former Act, before the day on which section 238.24 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, that is not related to the interpretation or application, in respect of the member, of a provision of a collective agreement or arbitral award, is deemed never to have been presented, and any decision made in respect of such a grievance or any decision made on a review of the decision is deemed never to have had effect.

• Marginal note:Extension of limitation period

  (2) For the purpose of presenting a grievance or taking any other process of redress under the Royal Canadian Mounted Police Act, and despite any provision of that Act, if an individual grievance has been deemed under subsection (1) never to have been presented, or if any decision on such a grievance has been deemed under that subsection never to have had effect, the member who presented the individual grievance has, if the subject matter of the grievance or other redress is the same as the subject matter of the individual grievance, 30 days from the day on which section 33 comes into force to present that grievance or to take that other process of redress.

• Marginal note:Limitation

  (3) Subsection (2) applies only in the case of an individual grievance that, if it had been presented under the Royal Canadian Mounted Police Act or if another process of redress under that Act had been taken, would have been presented within the time established under that Act to present the grievance or take the other process of redress.

Marginal note:Existing applications for certification

• 63 (1) If, before the day on which section 238.13 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, an employee organization makes an application under section 54 of the former Act to be certified as bargaining agent for a group of employees that includes employees who are members appointed to a rank, or employees who are reservists, the employee organization must not be certified as bargaining agent for the group, unless

  • (a) the group consists exclusively of all the employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, and all the employees who are reservists; and

  • (b) the employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements:

    • (i) it has as its primary mandate the representation of employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act,

    • (ii) it is not affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers, and

    • (iii) it is not certified as the bargaining agent for any other group of employees.

• Marginal note:Clarification

  (2) For greater certainty, for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers.

• Marginal note:Certification of no effect

  (3) If an employee organization is certified as the bargaining agent for a bargaining unit contrary to subsection (1), that decision or any decision made on a review of the decision is deemed never to have had effect.

• Marginal note:Certification in respect of any other group

  (4) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the group described in paragraph (1)(a), any decision made before that day in respect of an application made by that employee organization to be certified as bargaining agent for any other group of employees is deemed never to have had effect.

• Marginal note:Existing application for certification

  (5) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), on that day, the employee organization’s application for certification made under section 54 of the former Act is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act.

• Marginal note:Existing application for certification

  (6) If, on or after the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), and the employee organization made the application for certification under section 54 of the former Act, on being so certified the employee organization’s application for certification is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act.

Marginal note:Membership in bargaining unit — members and reservists

• 64 (1) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether members appointed to a rank or reservists are included in a bargaining unit, other than a bargaining unit composed of the group described in paragraph 63(1)(a), is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect.

• Marginal note:Membership in bargaining unit — other employees

  (2) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether any employee other than a member appointed to a rank or a reservist is included in a bargaining unit composed of the group described in paragraph 63(1)(a) for which an employee organization that meets the requirements set out in paragraph 63(1)(b) is certified as the bargaining agent, is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect.

Marginal note:Published date

65 As of the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act, a reference in subsections 63(1) and 64(1) and (2) to a member appointed to a rank is to be read as a reference to a member.