Public Service Labour Relations Board Regulations
SOR/2005-79
FEDERAL PUBLIC SECTOR LABOUR RELATIONS ACT
PUBLIC SERVICE LABOUR RELATIONS ACT
Registration 2005-04-01
Public Service Labour Relations Board Regulations
The Public Service Labour Relations Board, pursuant to sections 39, 237 and 238 of the Public Service Labour Relations ActFootnote a, makes the annexed Public Service Labour Relations Board Regulations.
Return to footnote aS.C. 2003, c. 22, s. 2
Ottawa, April 1, 2005
Interpretation
Marginal note:Definitions
1 The following definitions apply in these Regulations.
Act
Loi
Act means the Public Service Labour Relations Act. (Loi)
employee
fonctionnaire
employee
(a) in Part 1, has the same meaning as in subsection 2(1) of the Act; and
(b) in Part 2, has the same meaning as in section 206 of the Act. (fonctionnaire)
initiating document
document introductif
initiating document means, as the case may be,
(a) a request for an extension, an addition or a reduction of time under section 12 if the request is filed before the filing of any document referred to in any of paragraphs (b) to (x);
(b) a request for the Board to exercise any of its powers under section 36 of the Act;
(c) a request for the Board to exercise any of its powers under section 43 of the Act;
(d) a request for the filing of a Board order in the Federal Court under subsection 52(1) of the Act;
(e) an application for certification under section 54 of the Act;
(f) an application, under section 58 of the Act, for a determination of membership of an employee or a class of employees in a bargaining unit;
(g) an application, under subsection 79(2) of the Act, for a determination of the rights, privileges and duties of an employee organization;
(h) an application for certification under section 83 of the Act;
(i) an application for an order under subsection 84(1) or section 89 of the Act;
(j) an application, under subsection 86(1) of the Act, for leave to give to the other party a notice to bargain collectively;
(k) an application for revocation of certification under section 94, 98, 99 or 100 of the Act;
(l) an application, under subsection 101(2) of the Act, for a determination of the rights or duties of an employee organization;
(m) an application for direction under section 102 of the Act;
(n) an application, under paragraph 117(b) of the Act, for an extension of the time to implement a collective agreement;
(o) an application for a determination on a matter that may be included in an essential services agreement under subsection 123(1) of the Act;
(p) an application to amend an essential services agreement under subsection 127(1) of the Act;
(q) an application, under section 131 of the Act, for the amendment or suspension of an essential services agreement because of an emergency;
(r) an application for an extension of time under section 133 of the Act;
(s) a request for arbitration under subsection 136(1) of the Act;
(t) a request for conciliation under subsection 161(1) of the Act;
(u) an application for a declaration that a strike vote is invalid under subsection 184(2) of the Act;
(v) a complaint made under section 190 of the Act;
(w) an application for a declaration of unlawful conduct under subsection 198(1) of the Act;
(x) an application to obtain the consent of the Board referred to in section 205 of the Act;
(y) an application for an extension of time referred to in subsection 61(b) if the application is filed before the notice of a reference to adjudication; or
(z) the notice of a reference to adjudication under section 223 of the Act. (document introductif)
intervenor
intervenant
intervenor, in respect of a proceeding, means any person that has been granted intervenor status. (intervenant)
person
personne
person includes an employee organization, a council of employee organizations and an employer. (personne)
General Provisions
Marginal note:Filing initiating documents
2 Subject to sections 3, 47, 51 and 55, all initiating documents shall be filed with the Board or the Chairperson by filing them in duplicate with the Executive Director.
Marginal note:Initiating document sent by fax
3 (1) If an initiating document is sent by fax to the Executive Director, the original of the document and a copy shall be sent to the Executive Director as soon as possible.
Marginal note:Date of receipt
(2) The initiating document sent by fax is deemed to be received on the date of the fax transmission if its original and a copy are sent in accordance with subsection (1).
Marginal note:Copies
4 On receipt of an initiating document or, in the case of an initiating document sent by fax, on receipt of the original of the document and the copy, the Executive Director shall provide copies to the other party and to any person who may be affected by the proceeding.
Marginal note:Reply
5 The other party shall reply to the initiating document — other than a request for arbitration, a request for conciliation or a notice of a reference to adjudication — no later than 15 days after it receives a copy of the document, unless these Regulations provide otherwise.
Marginal note:Failure to reply
6 Despite sections 16 and 17, if, in a proceeding before the Board or the Chairperson, the other party fails to file its reply to the initiating document within the time limit prescribed in these Regulations, the Board or the Chairperson, as the case may be, may dispose of the matter before it without further notice to that party.
Marginal note:Subsequent documents
7 (1) Subject to section 8, any document submitted subsequently to an initiating document shall be filed with the Executive Director.
Marginal note:Copies
(2) The person filing a subsequent document shall provide a copy of it to
(a) the person who filed the initiating document;
(b) every person in receipt of an initiating document by virtue of section 4, unless that person has notified the Executive Director in writing that the person does not wish to receive a copy of subsequent documents;
(c) any intervenors; and
(d) the Canadian Human Rights Commission if it received a notice referred to in subsection 210(1), 217(1) or 222(1) of the Act.
Marginal note:Exceptions
(3) Subsection (2) does not apply in respect of
(a) applications for a summons;
(b) the documentary evidence referred to in sections 30 and 42;
(c) the additional documentation provided by the employer under sections 32 and 44; and
(d) statements of opposition and applications to amend statements of opposition.
Marginal note:Clarification
8 Section 7 does not apply to documents submitted under subsections 103(1) or 104(1) of the Act or under sections 19 or 54, subsections 92(1) or 93(1) or section 104.
Marginal note:Document received after 4:00 p.m.
9 (1) Subject to subsection (2), if a document is received by the Executive Director after 4:00 p.m. local time, the date of receipt of the document is the day next following that is not a Saturday or a holiday.
Marginal note:Receipt of document sent by courier
(2) If a document is sent by courier addressed to the Executive Director, the document is received on the date on which it is sent.
Marginal note:Computation of time
10 If the time limit, under these Regulations, for the filing or presentation of a document expires on a Saturday or a holiday, the document may be filed on the day next following that is not a Saturday or a holiday.
Marginal note:Withdrawal
11 (1) The person who initiated a proceeding before the Board, the Chairperson or an adjudicator may withdraw the proceeding in person at the hearing or by providing the Executive Director with a notice of withdrawal in writing at any time before a decision is made.
Marginal note:Closing of file
(2) On being informed by the Board, the Chairperson or an adjudicator of the withdrawal or on receipt of the notice of withdrawal, the Executive Director shall close the file and inform the parties, the intervenors and, if notice to the Canadian Human Rights Commission was given under subsection 210(1), 217(1) or 222(1) of the Act, the Canadian Human Rights Commission that the file has been closed.
PART 1Labour Relations
General Provisions
Marginal note:Extension or reduction of time
12 Despite any other provision of these Regulations, the Board may, with respect to any Board matter,
(a) in the interest of fairness, extend the time specified by these Regulations, or allow for additional time, to do any act or file any notice or any document; or
(b) if a matter is urgent, on notice to all parties, reduce the time specified by these Regulations to do any act or file any notice or any document.
Marginal note:Consolidation
13 To ensure the expeditious resolution of proceedings, the Board may direct that the following proceedings be consolidated and may issue directions in respect of the conduct of the consolidated proceeding:
(a) any two or more proceedings before the Board; or
(b) if a panel before which a proceeding is brought consists of one member and that member is the adjudicator in a grievance referred to adjudication, the proceeding and the grievance.
Marginal note:Addition of party or intervenor
14 (1) Any person with a substantial interest in a proceeding before the Board may apply to the Board to be added as a party or an intervenor.
Marginal note:Representations
(2) The Board may, after giving the parties the opportunity to make representations in respect of the application, add the person as a party or an intervenor.
Marginal note:Insufficient information
15 (1) The Board may, on its own initiative or at request of a party or an intervenor, request that information contained in any document filed by any other party or any other intervenor be made more complete or specific.
Marginal note:Striking out information
(2) The Board may, after giving the party or intervenor to whom the request was made the opportunity to reply to the request, strike from the document the information that is incomplete or insufficiently specific.
Marginal note:Notice of pre-hearing conference
16 The Executive Director shall provide the parties and intervenors with notice of a pre-hearing conference at least three days before the day that is fixed for it.
Marginal note:Notice of hearing
17 (1) The Executive Director shall provide the parties and intervenors with notice of a hearing before the Board at least seven days before the day that is fixed for it.
Marginal note:Notice of hearing to those opposing
(2) In the case of an application for certification or revocation of certification, the Executive Director shall also provide notice to each employee or representative of a group of employees who has filed a statement of opposition with respect to the application for certification or revocation of certification, at least seven days before the day that is fixed for the hearing.
Marginal note:Failure to attend
(3) If a person who is provided with a notice of hearing fails to attend the hearing or any continuance of it, the Board may proceed with the hearing and dispose of the matter without further notice to that person.
Marginal note:Contents of summons application
18 The Board may, if necessary for the fair and expeditious resolution of a proceeding before it, require that an application for a summons contain the name and address of the witness to be summoned and a statement of the evidence that the witness is expected to give at the hearing.
Marginal note:Document adduced as evidence
19 (1) Any document adduced as evidence shall be filed at the hearing with a copy for the Board, each party and each intervenor.
Marginal note:Bilingualism
(2) The document shall be filed in both official languages, if it exists in both languages.
Marginal note:Confidentiality of employees’ wishes
20 Despite section 4, the Board shall not disclose to anyone evidence that could reveal membership in an employee organization, opposition to the certification or revocation of certification of an employee organization, or the wish of any employee to be represented, or not to be represented, by an employee organization, unless the disclosure would be in furtherance of the objectives of the Act.
Marginal note:Adjournment of hearings
21 The Board may adjourn a hearing and specify the date, time, place and terms of its continuance.
Marginal note:Application for review of Board’s decision
22 An application for a review, referred to in section 43 of the Act, of an order or a decision of the Board shall contain a statement of the grounds on which the applicant intends to rely in support of the review.
DIVISION 1Certification
Procedure for Certification
Marginal note:Application for certification
23 An application for certification under section 54 of the Act shall be filed in Form 1 of the schedule.
Marginal note:Closing date
24 On receipt of the application for certification, the Executive Director shall
(a) fix a closing date that is a date that will allow sufficient time for the employees to be notified and for them to respond, considering the number of employees who may be affected by the application for certification and the locations at which they are employed, and that is no less than 15 days and no more than 40 days after the day on which the application for certification is filed; and
(b) notify the employer and any employee organization known to the Board that claims to represent any employees who may be affected by the application of the closing date.
Marginal note:Copies of notice to employees
25 (1) The Executive Director shall provide the employer with as many copies of the notice of the application for certification as are necessary considering the number of employees who may be affected by the application and the locations at which they are employed.
Marginal note:Posting of copies of notice
(2) On receipt of the copies of the notice, an employer shall post them, until the closing date, in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application.
Marginal note:Statement of compliance
(3) Immediately after the closing date, the employer shall file a statement that the employer has complied with subsection (2).
Marginal note:Employer’s reply
26 An employer shall file a reply to the application for certification, on or before the closing date, in Form 2 of the schedule.
Marginal note:Intervention
27 An employee organization that is provided with a copy of the application for certification or that claims to represent any of the employees who may be affected by the application may, on or before the closing date, file an application for intervention in Form 3 of the schedule.
Marginal note:Statement of opposition
28 If an employee or a group of employees is affected by an application for certification and is in opposition to it, the employee or group of employees may, on or before the closing date, file a statement of opposition in Form 4 of the schedule.
Marginal note:Amendment
29 A person may file an application to amend an application for certification, reply, application for intervention or statement of opposition filed by that person.
Marginal note:Documentary evidence
30 (1) An application for certification shall be accompanied by the documentary evidence on which the applicant intends to rely to satisfy the Board that a majority of the employees in the proposed bargaining unit wish the applicant to represent them as their bargaining agent.
Marginal note:Deadline for supplementary documentary evidence
(2) Any supplementary documentary evidence shall be filed on or before the closing date for the application.
Marginal note:Council of employee organizations — documentary evidence
31 If a council of employee organizations files an application for certification, the council shall, when the application is filed, file the documentary evidence on which the council intends to rely to satisfy the Board that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.
Marginal note:Employer — additional documentation
32 To verify that a majority of the employees in the proposed bargaining unit wish the applicant to represent them as their bargaining agent, the Board may require the employer to file a list that identifies all of the employees in respect of whom the application is filed, along with either the specimen signatures of the employees, the home addresses of the employees, or both.
Managerial or Confidential Positions
Marginal note:Application concerning managerial or confidential positions
33 (1) An application under subsection 59(1) or 71(1) of the Act for an order declaring a position to be a managerial or confidential position shall set out, for each position,
(a) the position title, description, number and classification, the department or agency to which it belongs, the geographic location of the position and the name of the occupant of the position;
(b) the paragraph in subsection 59(1) of the Act on which the employer relies in support of the application; and
(c) if the employer relies on paragraph 59(1)(h) of the Act, the paragraphs to which paragraph 59(1)(h) applies, together with the title, description, number and classification of the position in relation to which the duties and responsibilities of the occupant of the position to be excluded are alleged to be confidential.
Marginal note:Time for filing
(2) If an application in subsection (1) is made in the context of an application for certification, the application in subsection (1) shall be filed on or before the closing date for the application for certification.
Marginal note:Objection
34 (1) An objection in respect of a position referred to in section 61 or 73 of the Act may be filed no later than 20 days after receipt of a copy of the application and shall set out
(a) the position title, description, number and classification, the department or agency to which it belongs and the geographic location of the position; and
(b) a statement of the grounds for the objection.
Marginal note:Copy of the objection
(2) The employee organization filing the objection under (1) shall provide a copy of it to the employer.
Marginal note:Revocation of order
35 An application for revocation of an order in respect of a position under subsection 77(1) of the Act shall set out
(a) the position title, description, number and classification, the department or agency to which it belongs and the geographic location of the position; and
(b) a statement of the grounds for the application for revocation.
Procedure for Revocation of Certification
Marginal note:Application for revocation of certification
36 An application for revocation of certification under section 94, 98, 99 or 100 of the Act shall be filed in Form 5 of the schedule.
Marginal note:Closing date
37 On receipt of the application for revocation of certification, the Executive Director shall
(a) fix a closing date that is a date that will allow sufficient time for the employees to be notified and for them to respond, considering the number of employees who are affected by the application for revocation of certification and the locations at which they are employed, and that is no less than 15 days and no more than 40 days after the day on which the application for revocation of certification is filed; and
(b) notify the bargaining agent and, if the applicant is a person other than the employer, the employer of the closing date.
Marginal note:Copies of notice to employees
38 (1) The Executive Director shall provide the employer with as many copies of the notice of the application for revocation of certification as are necessary considering the number of employees who are affected by the application and the locations at which they are employed.
Marginal note:Posting of copies of notice
(2) On receipt of the copies of the notice, an employer shall post them, until the closing date, in conspicuous places where they are most likely to come to the attention of the employees who are affected by the application.
Marginal note:Statement of compliance
(3) Immediately after the closing date, the employer shall file a statement that the employer has complied with subsection (2).
Marginal note:Bargaining agent’s reply
39 (1) A bargaining agent shall file a reply to the application for revocation of certification, on or before the closing date, in Form 6 of the schedule.
Marginal note:Attached document
(2) The reply shall be accompanied by a copy of any collective agreement or arbitral award applicable to the employees who are affected by the application.
Marginal note:Statement of opposition
40 If an employee or a group of employees is affected by an application for revocation of certification and is in opposition to it, the employee or group of employees may, on or before the closing date, file a statement of opposition in Form 4 of the schedule.
Marginal note:Amendment
41 A person may file an application to amend an application for revocation of certification, reply or statement of opposition filed by that person.
Marginal note:Documentary evidence
42 (1) An application for revocation of certification shall be accompanied by the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.
Marginal note:Deadline for supplementary documentary evidence
(2) Any supplementary documentary evidence shall be filed on or before the closing date for the application.
Marginal note:Form of evidence
43 The documentary evidence that the bargaining agent no longer represents a majority of the employees in the bargaining unit shall be in writing and shall be signed by the employees supporting the application.
Marginal note:Employer — additional documentation
44 To verify that the bargaining agent no longer represents a majority of the employees in the bargaining unit, the Board may require the employer to file a list that identifies all of the employees in respect of whom the application is filed, along with either the specimen signatures of the employees, the home addresses of the employees, or both.
Representation Votes
Marginal note:Representation votes
45 (1) If the Board appoints a returning officer to conduct a representation vote, the returning officer shall determine the validity of ballots in accordance with any directions given by the Board under subsection 65(2) of the Act and shall report the results of the vote to the Board.
Marginal note:Appointment
(2) The returning officer may appoint one or more employees of the Board, as required, to assist in the conduct of the vote, other than the tasks referred to in subsection (1).
DIVISION 2Choice Of Dispute Resolution Process
Marginal note:Choice of dispute resolution process
46 A notice of the dispute resolution process chosen, referred to in subsection 103(1) of the Act, or an application to change the process for dispute resolution, referred to in subsection 104(1) of the Act, shall be submitted to the Board, in Form 7 of the schedule, by filing it with the Executive Director.
DIVISION 3Arbitration
Marginal note:Request for arbitration
47 A request for arbitration under subsection 136(1) of the Act that is made to the Chairperson shall be filed in quintuplicate with the Executive Director in Form 8 of the schedule.
Marginal note:Other party’s proposals
48 (1) A party that receives a copy of a request for arbitration under subsection 136(1) of the Act may, no later than seven days after receipt of the copy, file in quadruplicate in Form 9 of the schedule its proposals concerning the arbitral award to be made in respect of any term or condition of employment in respect of which the arbitration was requested by the applicant.
Marginal note:Request for arbitration of additional matters
(2) A notice referred to in subsection 136(5) of the Act that is made to the Chairperson and that includes a request for arbitration of any other term or condition of employment and a proposal concerning the arbitral award to be made in respect of those other terms or conditions of employment shall be filed in quadruplicate in Form 9 of the schedule.
Marginal note:Applicant’s proposals
49 The applicant may, no later than seven days after receipt of a copy of the notice referred to in subsection 136(5) of the Act, file in quadruplicate in Form 10 of the schedule its proposals concerning the arbitral award to be made in respect of any other term or condition of employment for which arbitration was requested by the other party.
Marginal note:Representations
50 If a party objects to the referral of a matter in dispute under subsection 144(1) of the Act to an arbitration board on the ground that it is not a matter that may be included in an arbitral award, the Chairperson shall give the parties the opportunity to make representations on the matter before referring to the arbitration board.
DIVISION 4Conciliation
Marginal note:Request for conciliation
51 A request for conciliation under subsection 161(1) of the Act that is made to the Chairperson shall be filed in quintuplicate with the Executive Director in Form 11 of the schedule.
Marginal note:Other party’s proposals
52 (1) A party that receives a copy of a request for conciliation under subsection 161(1) of the Act may, no later than seven days after receipt of the copy, file in quadruplicate in Form 12 of the schedule its proposals concerning the report to be made in respect of any term or condition of employment for which the conciliation was requested by the applicant.
Marginal note:Request for conciliation of additional matters
(2) A notice referred to in subsection 161(4) of the Act that is made to the Chairperson and that includes a request for conciliation of any other term or condition of employment and a proposal concerning the report to be made in respect of those other terms or conditions of employment shall be filed in quadruplicate in Form 12 of the schedule.
Marginal note:Applicant’s proposals
53 The applicant may, no later than seven days after receipt of a copy of the notice referred to in subsection 161(4) of the Act, file in quadruplicate in Form 13 of the schedule its proposals concerning the report to be made in respect of any other term or condition of employment for which conciliation was requested by the other party.
DIVISION 5Strike Vote
Marginal note:Statement respecting strike vote
54 The bargaining agent shall, no later than the day following that on which the results of a strike vote are announced, file with the Executive Director a statement respecting the strike vote in Form 14 of the schedule.
Marginal note:Application to have a strike vote declared invalid
55 An application for a declaration that a strike vote is invalid under subsection 184(2) of the Act shall be filed in triplicate in Form 15 of the schedule.
Marginal note:Bargaining agent’s reply
56 A bargaining agent shall, no later than five days after receipt of a copy of the application for a declaration that a strike vote is invalid, file a reply to it.
DIVISION 6Complaints Procedure
Marginal note:Complaint
57 A complaint under section 190 of the Act shall be filed in Form 16 of the schedule.
DIVISION 7Declaration That Conduct Is Unlawful
Marginal note:Application for a declaration that conduct is unlawful
58 An application for a declaration that conduct is unlawful under subsection 198(1) of the Act shall be filed in Form 17 of the schedule.
Marginal note:Reply
59 The party that receives a copy of the application shall, no later than seven days after receipt, file a reply.
DIVISION 8Consent To Prosecution
Marginal note:Application to obtain the consent of the Board
60 An application to obtain the consent of the Board referred to in section 205 of the Act shall be filed in Form 18 of the schedule.
PART 2Grievances
General Provisions
Marginal note:Extension of time
61 Despite anything in this Part, the time prescribed by this Part or provided for in a grievance procedure contained in a collective agreement for the doing of any act, the presentation of a grievance at any level of the grievance process, the referral of a grievance to adjudication or the providing or filing of any notice, reply or document may be extended, either before or after the expiry of that time,
(a) by agreement between the parties; or
(b) in the interest of fairness, on the application of a party, by the Chairperson.
Marginal note:Suspension of time
62 If the parties avail themselves of an informal conflict management system established under section 207 of the Act, the time prescribed in this Part or provided for in a grievance procedure contained in a collective agreement for the presentation of a grievance at a level of the grievance process is suspended until either party gives to the other notice in writing to the contrary.
Marginal note:Rejection for failure to meet a deadline
63 A grievance may be rejected for the reason that the time limit prescribed in this Part for the presentation of the grievance at a lower level has not been met, only if the grievance was rejected at the lower level for that reason.
Individual Grievances
Marginal note:Maximum number of levels
64 An individual grievance process shall consist of a maximum of three levels.
Marginal note:Notice of level
65 (1) An employer shall notify, in accordance with subsection (2), each of its employees of the names or titles of the persons whose decision on a grievance constitutes a level in the individual grievance process and the name or title, as well as the address, of the employee’s immediate supervisor or local officer-in-charge to whom an individual grievance may be presented.
Marginal note:Posting of notice
(2) Subject to subsection (3), an employer shall post copies of the notice in conspicuous places where they are most likely to come to the attention of its employees.
Marginal note:Alternative methods
(3) If the information required by subsection (1) is more likely to come to the attention of the employees by a means other than posting notices, the Board shall authorize an employer to communicate the information to its employees by a means other than posting notices.
Marginal note:Individual grievance form
66 (1) An employer shall prepare a form for an individual grievance that sets out the information to be provided by the grievor, including
(a) the name, address, telephone number, place of work, position title, division and section or unit and classification of the grievor as well as the name of the grievor’s employer;
(b) either
(i) a statement of the nature of each act, omission or other matter that establishes the alleged violation or misinterpretation giving rise to the grievance including, as the case may be, a reference to any relevant provision of a statute or regulation or of a direction or other instrument made or issued by the employer, that deals with the terms and conditions of employment or any relevant provision of a collective agreement or an arbitral award, or
(ii) a statement of the alleged occurrence or matter affecting the grievor’s terms and conditions of employment;
(c) the date on which the alleged violation or misinterpretation or the alleged occurrence or matter affecting the grievor’s terms and conditions of employment occurred; and
(d) the corrective action requested.
Marginal note:Approval
(2) The form shall be submitted to the Board for approval, and the Board shall approve it if the form requests the information that is required under paragraphs (1)(a) to (d) and if any other information requested on the form is relevant to resolving the individual grievance.
Marginal note:Copies
(3) The employer shall make copies of the approved form available to all of its employees.
Marginal note:Presentation of grievance
67 An employee who wishes to present an individual grievance shall do so on the form provided by the employer and approved by the Board and shall submit it to the employee’s immediate supervisor or the employee’s local officer-in-charge identified under subsection 65(1).
Marginal note:Deadline for presentation of grievance at first level
68 (1) A grievor may present an individual grievance at the first level of the individual grievance process no later than 35 days after the earlier of the day on which the grievor received notification and the day on which the grievor had knowledge of the alleged violation or misinterpretation or any occurrence or matter affecting the grievor’s terms and conditions of employment.
Marginal note:Deadline for presentation at higher level
(2) A grievor may present an individual grievance at each succeeding level beyond the first level
(a) no later than 15 days after the day on which the decision of the previous level was received; or
(b) if a decision of the previous level was not received, no later than 40 days after the expiry of the period within which the decision was required.
Marginal note:Grievance deemed presented
(3) An individual grievance is deemed to have been presented within the time referred to in subsection (1) or (2) if, within that time, it is delivered or sent by courier to the grievor’s immediate supervisor or the grievor’s local officer-in-charge identified under subsection 65(1).
Marginal note:Representation — grievance relating to interpretation or application
69 (1) A grievor who presents an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award shall provide, together with the form,
(a) a declaration signed by an authorized representative of the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies, indicating that the grievor, in presenting the individual grievance, has the approval of and is represented by the bargaining agent; and
(b) the address of the authorized representative where documents may be provided.
Marginal note:Representation — grievance relating to other matters
(2) A grievor who presents an individual grievance other than the one referred to in subsection (1), and who is represented by another person in presenting the grievance, shall provide, together with the form,
(a) a declaration signed by the person or, if the person is an employee organization, its authorized representative, indicating that the person or the employee organization agree to act on behalf of the grievor; and
(b) the address of the person or, if the person is an employee organization, its authorized representative where documents may be provided.
Marginal note:Receipt and transmission
70 On receipt of an individual grievance, the immediate supervisor or the local officer-in-charge identified under subsection 65(1) shall
(a) deliver to the grievor or to the grievor’s representative, if any, a receipt stating the date on which the individual grievance was received by the immediate supervisor or the local officer-in-charge; and
(b) forward the individual grievance to the person whose decision constitutes the appropriate level of the individual grievance process.
Marginal note:Circumstances in which a level may be eliminated
71 An individual grievance may be presented directly at the final level of the individual grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment.
Marginal note:Deadline for decision
72 (1) Unless the individual grievance relates to classification, the person whose decision constitutes the appropriate level of the individual grievance process shall provide the decision to the grievor or the grievor’s representative, if any, no later than 20 days after the day on which the individual grievance was received by the grievor’s immediate supervisor or the grievor’s local officer-in-charge identified under subsection 65(1).
Marginal note:Exception
(2) If the individual grievance relates to classification, the deadline is 80 days.
Marginal note:Withdrawal of grievance
73 (1) A grievor may, by written notice to the grievor’s immediate supervisor or the grievor’s local officer-in-charge identified under subsection 65(1), withdraw an individual grievance at any level of the individual grievance process before a decision is made at the level.
Marginal note:Receipt and transmission
(2) On receipt of a notice of withdrawal of an individual grievance, the immediate supervisor or the local officer-in-charge shall
(a) deliver to the grievor or the grievor’s representative, if any, a receipt stating the date on which the notice was received by the immediate supervisor or local officer-in-charge; and
(b) forward the notice to the person whose decision constitutes the appropriate level of the individual grievance process.
Group Grievances
Marginal note:Maximum number of levels
74 A group grievance process shall consist of a maximum of three levels.
Marginal note:Notice of level
75 An employer shall notify the bargaining agent of the employees to whom the group grievance process applies of the name or title, as well as the address, of any person to whom a group grievance may be presented.
Marginal note:Group grievance form
76 (1) An employer shall prepare a form for a group grievance that sets out the information to be provided by the bargaining agent, including
(a) the name of the bargaining agent and the name, address and telephone and fax numbers of the authorized representative of the bargaining agent;
(b) a statement of the nature of each act, omission or other matter giving rise to the grievance that establishes the alleged violation or misinterpretation, including, as the case may be, a reference to any relevant provision of a collective agreement or an arbitral award;
(c) the date on which the alleged violation or misinterpretation occurred; and
(d) the corrective action requested.
Marginal note:Approval
(2) The form shall be submitted to the Board for approval, and the Board shall approve it if the form requests the information that is required under paragraphs (1)(a) to (d) and if any other information requested on the form is relevant to resolving the group grievance.
Marginal note:Copies
(3) The employer shall make copies of the approved form available to the bargaining agent.
Marginal note:Presentation of grievance
77 (1) A bargaining agent who wishes to present a group grievance shall do so on the form provided by the employer and approved by the Board and shall submit it to any person identified under section 75.
Marginal note:Consent of aggrieved employees
(2) The bargaining agent shall submit, together with the group grievance, Form 19 of the schedule signed by each of the aggrieved employees who consent to the presentation of the grievance.
Marginal note:Deadline for presentation of grievance at first level
78 (1) A bargaining agent may present a group grievance at the first level of the group grievance process no later than 35 days after the earlier of the day on which the aggrieved employees received notification and the day on which they had knowledge of any act, omission or other matter giving rise to the group grievance.
Marginal note:Deadline for presentation of grievance at higher level
(2) A bargaining agent may present a group grievance at each succeeding level beyond the first level
(a) no later than 15 days after the day on which the decision of the previous level was received; or
(b) if a decision of the previous level was not received, no later than 40 days after the expiry of the period within which the decision was required.
Marginal note:Grievance deemed presented
(3) A group grievance is deemed to have been presented within the time referred to in subsection (1) or (2) if, within that time, it is delivered or sent by courier to any person identified under section 75.
Marginal note:Receipt and transmission
79 On receipt of a group grievance, the person identified under to section 75 shall
(a) deliver to the bargaining agent a receipt stating the date on which the group grievance was received by the person; and
(b) forward the group grievance to the person whose decision constitutes the appropriate level of the group grievance process.
Marginal note:Deadline for decision
80 The person whose decision constitutes the appropriate level of the group grievance process shall provide a decision to the bargaining agent no later than 20 days after the day on which the group grievance was received by any person identified under section 75.
Marginal note:Withdrawal of grievance
81 (1) A bargaining agent may, by written notice to any person identified under section 75, withdraw a group grievance at any level of the group grievance process before the decision is made at that level.
Marginal note:Receipt and transmission
(2) On receipt of a notice of withdrawal of a group grievance, the person identified under to section 75 shall
(a) deliver to the bargaining agent a receipt stating the date on which the notice was received by the person; and
(b) forward the notice to the person whose decision constitutes the appropriate level of the group grievance process.
Marginal note:Withdrawal from a group grievance
82 (1) A bargaining agent who receives a notice of withdrawal from a group grievance referred to in section 218 of the Act at any level of the group grievance process shall provide a copy of the notice to any person identified under section 75.
Marginal note:Receipt and transmission
(2) On receipt of a copy of a notice of withdrawal from a group grievance, the person identified under section 75 shall
(a) deliver to the bargaining agent a receipt stating the date on which the copy of the notice was received by the person; and
(b) forward the notice to the person whose decision constitutes the appropriate level of the group grievance process.
Policy Grievances
Marginal note:Maximum number of levels
83 A policy grievance process shall consist of one level.
Marginal note:Notice from employer
84 (1) An employer shall notify the bargaining agent of the name or title, as well as the address, of any person to whom a policy grievance may be presented.
Marginal note:Notice from bargaining agent
(2) A bargaining agent shall notify the employer of the name or title, as well as the address, of any person to whom a policy grievance may be presented.
Marginal note:Deadline for presentation of grievance
85 (1) A bargaining agent or an employer may present a policy grievance no later than 35 days after the earlier of the day on which it received notification and the day on which it had knowledge of any act, omission or other matter giving rise to the policy grievance.
Marginal note:Grievance deemed presented
(2) A policy grievance is deemed to have been presented within the time referred to in subsection (1) if, within that time, it is delivered or sent by courier to any person identified under subsection 84(1) or (2), as the case may be.
Marginal note:Receipt and transmission
86 On receipt of a policy grievance, the person identified under subsection 84(1) or (2), shall
(a) deliver to the bargaining agent or the employer, as the case may be, a receipt stating the date on which the policy grievance was received by the person; and
(b) forward the policy grievance to the person whose decision constitutes the level of the policy grievance process.
Marginal note:Deadline for decision
87 The person whose decision constitutes the level of the policy grievance process shall provide a decision to the bargaining agent or the employer, as the case may be, no later than 20 days after the day on which the policy grievance was received by any person identified under subsection 84(1) or (2), as the case may be.
Marginal note:Withdrawal of grievance
88 (1) A bargaining agent or an employer may, by written notice to any person identified under subsection 84(1) or (2), as the case may be, withdraw a policy grievance before the decision is made by the person whose decision constitutes the level of the policy grievance process.
Marginal note:Receipt and transmission
(2) On receipt of a notice of withdrawal of a policy grievance, the person identified under subsection 84(1) or (2) shall
(a) deliver to the bargaining agent or the employer, as the case may be, a receipt stating the date on which the notice was received by the person; and
(b) forward the notice to the person whose decision constitutes the level of the policy grievance process.
Adjudication
Marginal note:Notice of reference to adjudication
89 (1) A notice of a reference to adjudication shall be filed, together with two copies of the grievance,
(a) in the case of an individual grievance,
(i) in Form 20 of the schedule if the grievance relates to the interpretation or application of a provision of a collective agreement or an arbitral award, or
(ii) in Form 21 of the schedule if the grievance relates to a termination, demotion, suspension, financial penalty or deployment;
(b) in the case of a group grievance, in Form 22 of the schedule; and
(c) in the case of a policy grievance, in Form 23 of the schedule.
Marginal note:Copy of consent form
(2) If the notice of the reference to adjudication concerns a group grievance, the bargaining agent shall also provide, in duplicate, a copy of the consent form submitted in accordance with subsection 77(2).
Marginal note:Grievance relating to interpretation or application
(3) If an individual grievance relates to the interpretation or application, in respect of the grievor, of a provision of a collective agreement or an arbitral award, the notice of the reference to adjudication shall contain a declaration by an authorized representative of the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies, indicating that the bargaining agent is willing to represent the grievor in the adjudication proceedings.
- SOR/2005-417, s. 1
Marginal note:Deadline for reference to adjudication
90 (1) Subject to subsection (2), a grievance may be referred to adjudication no later than 40 days after the day on which the person who presented the grievance received a decision at the final level of the applicable grievance process.
Marginal note:Exception
(2) If no decision at the final level of the applicable grievance process was received, a grievance may be referred to adjudication no later than 40 days after the expiry of the period within which the decision was required under this Part or, if there is another period set out in a collective agreement, under the collective agreement.
Marginal note:Deadline — establishment of board of adjudication
91 (1) The party that receives a copy of a notice of a reference to adjudication may, no later than 15 days after receipt of the notice,
(a) if the notice contains a request for the establishment of a board of adjudication, object to the establishment of a board or file a document specifying the name of their nominee as member of the board; or
(b) in any other case, request the establishment of a board of adjudication.
Marginal note:Deadline — establishment of board of adjudication
(2) Where the party that receives a copy of a notice of a reference to adjudication requests the establishment of a board of adjudication, the other party may, no later than 15 days after being provided with a copy of the request, object to the establishment of the board or file a document specifying the name of their nominee as a member of the board.
Marginal note:Notice to Canadian Human Rights Commission
92 (1) A notice of a human rights issue under subsection 210(1), 217(1) or 222(1) of the Act shall be given to the Canadian Human Rights Commission in Form 24 of the schedule together with a copy of the grievance and the notice of the reference to adjudication.
Marginal note:Copies of notice
(2) The person who gives the notice shall send a copy of it to the Executive Director, the other party, any intervenors and every person in receipt of a copy of the notice of the reference to adjudication by virtue of section 4, unless that person has notified the Executive Director in writing that the person does not wish to receive a copy of subsequent documents.
Marginal note:Deadline for notice of intention to make submissions
93 (1) The Canadian Human Rights Commission may in Form 25 of the schedule, no later than 15 days after being provided with a notice of a human rights issue under subsection 210(1), 217(1) or 222(1) of the Act, notify the Executive Director of whether or not it intends to make submissions regarding the issue raised in the notice.
Marginal note:Attachments
(2) The Commission shall submit a copy of the grievance and the notice of the reference to adjudication together with its notice.
Marginal note:Copies of notice
(3) On receipt of the notice, the Executive Director shall provide copies to the parties and the intervenors.
Marginal note:Participation in mediation
94 (1) The parties shall participate in the mediation provided by the Board, unless, no later than 15 days after the party that did not refer the grievance to adjudication received a copy of the notice of the reference to adjudication, a party notifies the Executive Director in writing that it does not intend to participate.
Marginal note:Request to mediate
(2) Despite subsection (1), a party may, after notifying the Executive Director of its intention not to participate in mediation, and with the agreement of the other party, request mediation of the grievance.
Marginal note:Deadline for raising objections
95 (1) A party may, no later than 30 days after being provided with a copy of the notice of the reference to adjudication,
(a) raise an objection on the grounds that the time limit prescribed in this Part or provided for in a collective agreement for the presentation of a grievance at a level of the grievance process has not been met; or
(b) raise an objection on the grounds that the time limit prescribed in this Part or provided for in a collective agreement for the reference to adjudication has not been met.
Marginal note:Objection may not be raised
(2) The objection referred to in paragraph (1)(a) may be raised only if the grievance was rejected at the level at which the time limit was not met and at all subsequent levels of the grievance process for that reason.
Marginal note:Objection raised
(3) If the party raises an objection referred to in subsection (1), it shall provide a statement in writing giving details regarding its objection to the Executive Director.
Marginal note:Filing with the Executive Director
96 An employer or deputy head or, in the case of a policy grievance, the party that did not refer the grievance to adjudication shall, no later than 30 days after the day on which that party was provided with a copy of the notice of the reference to adjudication, file with the Executive Director a copy of the decision that was made in respect of the grievance at each level of the applicable grievance process.
Marginal note:Documentation
97 (1) If a grievance relates to the interpretation or application of a provision of a collective agreement or an arbitral award, the party referring the grievance to adjudication shall, before or at the hearing, provide a copy of the collective agreement or the arbitral award to the adjudicator, the other party or its representative, if any, and intervenors and, if notice to the Canadian Human Rights Commission was given under subsection 210(1), 217(1) or 222(1) of the Act, to the Canadian Human Rights Commission.
Marginal note:Bilingualism
(2) The document shall be filed in both official languages, if it exists in both languages.
Marginal note:Consolidation by Chairperson
98 (1) To ensure the expeditious resolution of proceedings, the Chairperson may direct that any proceedings before the Chairperson be consolidated with any other proceeding before the Chairperson, as Chairperson or as adjudicator, and may issue directions in respect of the conduct of the consolidated proceeding.
Marginal note:Consolidation by adjudicator
(2) To ensure the expeditious resolution of proceedings, an adjudicator may direct that any proceedings before the adjudicator be consolidated with any other proceeding before the adjudicator and may issue directions in respect of the conduct of the consolidated proceeding.
Marginal note:Addition of party or intervenor
99 (1) Any person with a substantial interest in a grievance may apply to the Chairperson or the adjudicator, as the case may be, to be added as a party or an intervenor.
Marginal note:Representations
(2) The Chairperson or the adjudicator may, after giving the parties the opportunity to make representations in respect of the application, add the person as a party or an intervenor.
Marginal note:Insufficient information
100 (1) The Chairperson or an adjudicator may, on his or her own initiative or at the request of a party or an intervenor, in a proceeding before the Chairperson or the adjudicator, as the case may be, request that information contained in any document filed by any other party or any other intervenor be made more complete or specific.
Marginal note:Striking out information
(2) The Chairperson or an adjudicator may, after giving the party or intervenor to whom the request was made the opportunity to reply to the request, strike from the document the information that is incomplete or insufficiently specific.
Marginal note:Notice of pre-hearing conference
101 Unless the matter is urgent, the Executive Director shall provide the parties and intervenors with notice of a pre-hearing conference at least three days before the day that is fixed for it.
Marginal note:Notice of hearing
102 (1) Unless the matter is urgent, the Executive Director shall provide the parties, intervenors and, if notice to the Canadian Human Rights Commission is given under subsection 210(1), 217(1) or 222(1) of the Act, the Canadian Human Rights Commission, with a notice of a hearing at least seven days before the day that is fixed for it.
Marginal note:Failure to attend
(2) If a person who is provided with a notice of hearing fails to attend the hearing or any continuance of it, the Chairperson or the adjudicator, as the case may be, may proceed with the hearing and dispose of the matter without further notice to that person.
Marginal note:Contents of summons application
103 The Chairperson or an adjudicator, if necessary for the fair and expeditious resolution of the proceedings before the Chairperson or an adjudicator, as the case may be, may require that an application for a summons contain the name and address of the witness to be summoned and a statement of the evidence that the witness is expected to give at the hearing.
Marginal note:Document adduced as evidence
104 (1) Any document adduced as evidence shall be filed at the hearing with a copy for the Chairperson or the adjudicator, as the case may be, for each party, each intervenor and, if notice to the Canadian Human Rights Commission is given under subsection 210(1), 217(1) or 222(1) of the Act, for the Canadian Human Rights Commission.
Marginal note:Bilingualism
(2) The document shall be filed in both official languages, if it exists in both languages.
Marginal note:Adjournment of hearings
105 The Chairperson or an adjudicator may adjourn a hearing before the Chairperson or an adjudicator, as the case may be, and specify the day, time, place and terms of its continuance.
Marginal note:Withdrawal from a group grievance
106 A bargaining agent who receives a notice of withdrawal from a group grievance referred to in section 218 of the Act after the grievance has been referred to adjudication, shall provide a copy of the notice to the Executive Director.
PART 3Transitional Provision, Repeal and Coming into Force
Transitional
Marginal note:Transitional
107 The P.S.S.R.B Regulations and Rules of Procedure, 1993 continue to apply after the coming into force of section 108 in respect of all proceedings to which the Public Service Staff Relations Act, chapter P-35 of the Revised Statutes of Canada, 1985, continues to apply as provided under Part 5 of the Public Service Modernization Act, chapter 22 of the Statutes of Canada, 2003.
Repeal
Marginal note:Repeal
108 [Repeal]
Coming into Force
Marginal note:Coming into force
Footnote *109 These Regulations come into force on the day on which section 12 of Part 1 of the Public Service Modernization Act, chapter 22 of the Statutes of Canada, 2003, comes into force.
Return to footnote *[Note: Regulations in force April 1, 2005, see SI/2005-22.]
SCHEDULE
- SOR/2005-417, s. 2
- Date modified: