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Federal Public Sector Labour Relations Regulations (SOR/2005-79)

Regulations are current to 2020-09-09 and last amended on 2020-03-06. Previous Versions

Federal Public Sector Labour Relations Regulations

SOR/2005-79

FEDERAL PUBLIC SECTOR LABOUR RELATIONS ACT

PUBLIC SERVICE LABOUR RELATIONS ACT

Registration 2005-04-01

Federal Public Sector Labour Relations 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.

Ottawa, April 1, 2005

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the Federal Public Sector Labour Relations Act. (Loi)

contact information

contact information means a telephone number, fax number, mailing and electronic address. (coordonnées)

day

day means a calendar day. (jour)

employee

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

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) or (z.1);

  • (b) a request for the Board to exercise any of its powers, duties and functions under section 12 of the Act;

  • (c) a request for the Board to exercise any of its powers under section 43 of the Act;

  • (d) [Repealed, SOR/2014-251, s. 2]

  • (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;

  • (s.1) [Repealed, SOR/2020-43, s. 1]

  • (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;

  • (z) the notice of a reference to adjudication under section 223 of the Act; or

  • (z.1) a request for the filing of an order of an adjudicator or the Board in the Federal Court under subsection 234(1) of the Act. (document introductif)

intervenor

intervenor, in respect of a proceeding, means any person that has been granted intervenor status. (intervenant)

person

person includes an employee organization, a council of employee organizations and an employer. (personne)

signature

signature means a handwritten signature or an electronic signature that consists of one or more letters, characters, numbers or other symbols in digital form and that is incorporated in, attached to or associated with an electronic document or electronic information. (signature)

  • SOR/2014-251, s. 2
  • 2017, c. 9, s. 58
  • SOR/2020-43, s. 1

General Provisions

Marginal note:Filing initiating documents

 All initiating documents must be filed with the Board.

  • SOR/2014-251, s. 3
  • SOR/2020-43, s. 2

 [Repealed, SOR/2020-43, s. 3]

Marginal note:Copies

 On receipt of an initiating document, the Board must provide copies to the other party and to any person who may be affected by the proceeding.

  • SOR/2014-251, s. 5
  • SOR/2020-43, s. 4

Marginal note:Reply

 The other party must 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.

  • SOR/2014-251, s. 5
  • SOR/2020-43, s. 4

Marginal note:Failure to reply

 Despite sections 16 and 17, if, in a proceeding — other than a reference to adjudication — 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.

  • SOR/2014-251, s. 5

Marginal note:Subsequent documents

  •  (1) Subject to section 8, any document submitted subsequently to an initiating document must be filed with the Board.

  • Marginal note:Copies

    (2) The person filing a subsequent document must 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 Board 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.

  • SOR/2014-251, s. 6
  • SOR/2020-43, s. 50(E)

Marginal note:Clarification

 Section 7 does not apply to documents filed under section 19 or 54, subsections 92(1) or 93(1), or section 104.

  • SOR/2014-251, s. 7

Marginal note:Receipt of document

 A document is considered to have been received by the Board,

  • (a) if a document is sent by courier, on the day on which it is sent;

  • (b) if a document is delivered by hand, on the day on which it is received;

  • (c) if the document is sent by electronic mail, fax transmission or other electronic means, on the day on which it is sent; or

  • (d) if the document is sent by mail, on the day that is

    • (i) the date of the postmark or the date of the postage meter impression authorized by the Canada Post Corporation, or

    • (ii) if both the postmark and postage meter impression appear on the envelope, on the later of the dates indicated in them.

  • SOR/2014-251, s. 7
  • SOR/2020-43, s. 5

Marginal note:Computation of time

 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

  •  (1) The person who initiates a proceeding before the Board, the Chairperson or an adjudicator may withdraw the proceeding in person at the hearing or by providing the Board 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 Chairperson or an adjudicator of the withdrawal or on receipt of the notice of withdrawal, the Board must 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.

  • SOR/2014-251, s. 8
  • SOR/2020-43, s. 6(F)

Marginal note:Deemed withdrawn

 The Board may, on its own initiative, send a notice of status review to all of the parties that requires them to provide representations stating the reasons why the matter should not be deemed to be withdrawn and, if there is no response within the period determined by the Board, deem the matter withdrawn.

  • SOR/2020-43, s. 7

PART 1Labour Relations

General Provisions

Marginal note:Extension or reduction of time

 Despite any other provision of this Part, the Board may, with respect to any Board matter referred to in this Part,

  • (a) in the interest of fairness, extend the time specified under this Part, 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 under this Part to do any act or file any notice or any document.

  • SOR/2014-251, s. 9

Marginal note:Consolidation

 To ensure the expeditious resolution of proceedings, the Board may direct that any two or more proceedings before it be consolidated.

  • SOR/2014-251, s. 9

Marginal note:Addition of party or intervenor

  •  (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

  •  (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

 The Board must provide the parties and intervenors with notice of a pre-hearing conference at least three days before the day that is fixed for it.

  • SOR/2014-251, s. 10
  • SOR/2020-43, s. 8

Marginal note:Notice of hearing

  •  (1) The Board must 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.

  • (1.1) [Repealed, SOR/2020-43, s. 9]

  • Marginal note:Notice of hearing to those opposing

    (2) In the case of an application for certification or revocation of certification, the Board must 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.

  • SOR/2014-251, s. 11
  • SOR/2020-43, s. 9

Marginal note:Contents of summons application

 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

  •  (1) Any document adduced as evidence must be filed at the hearing with a copy for the Board, each party and each intervenor.

  • Marginal note:Bilingualism

    (2) The document must be filed in both official languages, if it exists in both languages.

  • SOR/2020-43, s. 50(E)

Marginal note:Confidentiality of employees’ wishes

 Despite section 4, the Board must 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.

  • SOR/2020-43, s. 50(E)

Marginal note:Adjournment of hearings

 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

 An application for a review, referred to in section 43 of the Act, of an order or a decision of the Board must contain a statement of the grounds on which the applicant intends to rely in support of the review.

  • SOR/2020-43, s. 10

DIVISION 1Certification

Procedure for Certification

Marginal note:Application for certification

 An application for certification under section 54 or 238.13 of the Act must be filed with the Board and signed by the authorized representative of the applicant and must contain the following information:

  • (a) the name and contact information of the applicant and its authorized representative;

  • (b) if the applicant is a council of employee organizations, the names and contact information of the constituent employee organizations and their contact persons;

  • (c) the employer’s name and contact information;

  • (d) a detailed description, in both official languages, of the group of employees proposed as a unit appropriate for collective bargaining;

  • (e) the estimated number of employees in the proposed bargaining unit;

  • (f) the reasons for which the proposed bargaining unit is appropriate for collective bargaining;

  • (g) if an employee organization is, on the date of the application for certification, certified as the bargaining agent for employees in the proposed bargaining unit,

    • (i) the name and contact information of that bargaining agent,

    • (ii) a description of the bargaining unit represented, and

    • (iii) the term of the collective agreement or arbitral award, or both, as the case may be; and

  • (h) the date of the application for certification.

  • SOR/2020-43, s. 11

Marginal note:Closing date

 On receipt of the application for certification, the Board must

  • (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.

  • SOR/2014-251, s. 12

Marginal note:Copies of notice to employees

  •  (1) The Board must 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 must 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 must file a statement that the employer has complied with subsection (2).

  • SOR/2014-251, s. 13
  • SOR/2020-43, s. 12
  • SOR/2020-43, s. 50(E)

Marginal note:Employer’s reply

  •  (1) An employer must file a reply to the application for certification on or before the closing date.

  • Marginal note:Form and content

    (2) The reply to the application must be filed with the Board and signed by the authorized representative of the employer and must contain the following information:

    • (a) the name and contact information of the authorized representative of the employer;

    • (b) the total number of employees in the group of employees in the bargaining unit proposed in the application for certification;

    • (c) the reasons for which the proposed group of employees in the bargaining unit is not appropriate for collective bargaining, if any;

    • (d) if a reason is given under paragraph (c), a detailed description, in both official languages, of the group of employees proposed by the employer as a unit appropriate for collective bargaining;

    • (e) the reasons for which that group is more appropriate for collective bargaining than the one proposed in the application for certification;

    • (f) the total number of employees in the group of employees in the bargaining unit proposed by the employer;

    • (g) if an employee organization is, on the date of the application for certification, certified as the bargaining agent for employees in the group of employees proposed by the employer,

      • (i) the name and contact information of that bargaining agent,

      • (ii) a description of the bargaining unit that the bargaining agent represents, and

      • (iii) the term of the collective agreement or arbitral award, or both as the case may be; and

    • (h) the date of the reply.

  • SOR/2020-43, s. 13

Marginal note:Intervention

  •  (1) An employee organization that receives 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.

  • Marginal note:Form and content

    (2) The application for intervention must be filed with the Board and signed by the authorized representative of the intervenor and must contain the following information:

    • (a) the names and contact information of the intervenor and its authorized representative;

    • (b) the number of employees who are represented by the intervenor in the bargaining unit proposed in the application for certification;

    • (c) the number of employees who are represented by the intervenor in the group of employees proposed by the employer;

    • (d) if the intervenor has entered into a collective agreement with the employer in respect of employees in the group of employees proposed in the application for certification or the one proposed by the employer,

      • (i) a detailed description, in both official languages, of the bargaining unit to which those employees belong, and

      • (ii) the term of the collective agreement or arbitral award, or both, as the case may be, binding the employees in this bargaining unit; and

    • (e) the date of the application for intervention.

  • SOR/2020-43, s. 13

Marginal note:Statement of opposition

  •  (1) 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.

  • Marginal note:Form and content

    (2) The statement of opposition must be filed with the Board and signed by the employee or the authorized representative of the group, as the case may be, and must contain

    • (a) the name and contact information of the employee or the authorized representative, as the case may be;

    • (b) the name of the employee organization that made the application for certification;

    • (c) the reasons for opposing the application for certification; and

    • (d) the date of the statement of opposition.

  • SOR/2020-43, s. 13

Marginal note:Amendment

 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

  •  (1) An application for certification must 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 must be filed with the Board on or before the closing date for the application.

  • SOR/2020-43, s. 14
  • SOR/2020-43, s. 50(E)

Marginal note:Council of employee organizations — documentary evidence

 If a council of employee organizations files an application for certification, the council must, 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.

  • SOR/2020-43, s. 50(E)

Marginal note:Employer — additional documentation

 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

  •  (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 must 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 referred to in subsection (1) is made in the context of an application for certification, it must be filed with the Board on or before the closing date for the application for certification.

  • SOR/2020-43, s. 15
  • SOR/2020-43, s. 50(E)

Marginal note:Objection

  •  (1) An objection in respect of a position referred to in section 61 or 73 of the Act may be filed with the Board no later than 20 days after receipt of a copy of the application and must 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) must provide a copy of it to the employer.

  • SOR/2020-43, s. 16
  • SOR/2020-43, s. 50(E)

Marginal note:Revocation of order

 An application for revocation of an order in respect of a position under subsection 77(1) of the Act must 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.

  • SOR/2020-43, s. 50(E)

Procedure for Revocation of Certification

Marginal note:Application for revocation of certification

 An application for revocation of certification under section 94, 98, 99, 100 or 238.17 of the Act must be filed with the Board and signed by the applicant or the applicant’s authorized representative and must contain the following information:

  • (a) the names and contact information of the applicant and the applicant’s authorized representative, if any;

  • (b) the name and contact information of the respondent bargaining agent;

  • (c) if the applicant is not the employer, the employer’s name and contact information;

  • (d) a detailed description, in both official languages, of the bargaining unit;

  • (e) the estimated number of employees in the bargaining unit;

  • (f) the term of the collective agreement or arbitral award, or both, as the case may be;

  • (g) the provision of the Act that is invoked in support of the application;

  • (h) the reasons for which the certification of the respondent bargaining agent should be revoked; and

  • (i) the date of the application for revocation.

  • SOR/2020-43, s. 17

Marginal note:Closing date

 On receipt of the application for revocation of certification, the Board must

  • (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.

  • SOR/2014-251, s. 14

Marginal note:Copies of notice to employees

  •  (1) The Board must 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, the employer must 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 must file a statement that the employer has complied with subsection (2).

  • SOR/2014-251, s. 15
  • SOR/2020-43, s. 18
  • SOR/2020-43, s. 50(E)

Marginal note:Bargaining agent’s reply

  •  (1) A bargaining agent must file a reply to the application for revocation of certification on or before the closing date.

  • Marginal note:Form and content

    (1.1) The reply must be filed with the Board and signed by the authorized representative of the bargaining agent and must contain the following information:

    • (a) the names and contact information of the bargaining agent and its authorized representative;

    • (b) the estimated number of employees in the bargaining unit referred to in the application for revocation of certification;

    • (c) the date of certification of the bargaining agent;

    • (d) a copy of any collective agreement or arbitral award, or both, as the case may be, affecting the employees in the bargaining unit; and

    • (e) the date of the reply.

  • Marginal note:Attached document

    (2) The reply must be accompanied by a copy of any collective agreement or arbitral award applicable to the employees who are affected by the application.

  • SOR/2020-43, s. 19
  • SOR/2020-43, s. 50(E)

Marginal note:Statement of opposition

  •  (1) 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.

  • Marginal note:Form and content

    (2) The statement of opposition must be filed with the Board and signed by the employee or by each employee in the group, as the case may be, and must contain the following information

    • (a) the name and contact information of the employee or of each employee in the group, as the case may be, and their authorized representative, if any;

    • (b) the names of the employee, employee organization or employer that made the application for revocation;

    • (c) the reasons for opposing the application; and

    • (d) the date of the statement of opposition.

  • SOR/2020-43, s. 20

Marginal note:Amendment

 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

  •  (1) An application for revocation of certification must 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 must be filed with the Board on or before the closing date for the application.

  • SOR/2020-43, s. 21
  • SOR/2020-43, s. 50(E)

Marginal note:Form of evidence

 The documentary evidence that the bargaining agent no longer represents a majority of the employees in the bargaining unit must be in writing and must be signed by the employees supporting the application.

  • SOR/2020-43, s. 50(E)

Marginal note:Employer — additional documentation

 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

  •  (1) If the Board appoints a returning officer to conduct a representation vote, the returning officer must determine the validity of ballots in accordance with any directions given by the Board under subsection 65(2) of the Act and must report the results of the vote to the Board.

  • Marginal note:Appointment

    (2) The returning officer may appoint one or more persons, as required, to assist in the conduct of the vote, other than in any tasks referred to in subsection (1).

  • SOR/2014-251, s. 16
  • SOR/2020-43, s. 50(E)

DIVISION 2Choice of Dispute Resolution Process

Marginal note:Notice of choice of dispute resolution process

 A notice of the choice of dispute resolution process under subsection 103(1) of the Act, must be filed with the Board, signed by the authorized representative of the bargaining agent and include

  • (a) the name and contact information of the bargaining agent, the employer and their authorized representatives;

  • (b) a detailed description of the bargaining unit in respect of which the choice is made; and

  • (c) the dispute resolution process chosen.

  • SOR/2020-43, s. 22

Marginal note:Application to change the process

 An application to change the applicable dispute resolution process, referred to in subsection 104(1) of the Act, must be filed with the Board and signed by authorized representative of the bargaining agent and must contain the following information:

  • (a) the names and contact information of the bargaining agent, the employer and their authorized representatives;

  • (b) a detailed description of the bargaining unit in respect of which the choice is made; and

  • (c) the dispute resolution process last recorded by the Board and the desired change.

  • SOR/2020-43, s. 22

DIVISION 3Arbitration

Marginal note:Request for arbitration

 A request for arbitration under subsection 136(1) of the Act that is made to the Chairperson must be filed with the Board and signed by the authorized representative of the requestor and must contain the following information:

  • (a) the names and contact information of the requestor and its authorized representative;

  • (b) the name and contact information of the other party to the dispute;

  • (c) a detailed description of the bargaining unit in respect of which the request was made;

  • (d) the date on which the notice to bargain collectively was given under section 105 of the Act;

  • (e) the most recent date, before the date on which the notice to bargain collectively was given, on which the Board recorded a dispute resolution process chosen by the bargaining agent in relation to the bargaining unit;

  • (f) the steps that have been taken, including the dates of meetings that have been held and the progress that has been made in collective bargaining, after the notice to bargain collectively was given;

  • (g) the terms or conditions of employment for which arbitration is requested;

  • (h) the proposals, in both official languages, concerning the arbitral award to be made in respect of the terms or conditions of employment;

  • (i) any request for the establishment of an arbitration board consisting of three members under subsection 140(1) of the Act;

  • (j) a copy of the most recent collective agreement; and

  • (k) the date of the request for arbitration.

  • SOR/2014-251, s. 18
  • SOR/2020-43, s. 23

Marginal note:Other party’s response

  •  (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 its response concerning the arbitral award to be made for any term or condition of employment in respect of which the arbitration was requested.

  • Marginal note:Form and content

    (2) The response must be filed with the Board and signed by the authorized representative of the party filing its response and must contain the following information:

    • (a) the name and contact information of the party filing the response and its authorized representative;

    • (b) the name and contact information of the other party to the dispute;

    • (c) its proposals, in both official languages, concerning the arbitral award to be made in respect of the terms or conditions of employment for which arbitration was requested;

    • (d) any request for the establishment of an arbitration board consisting of three members under subsection 140(1) of the Act; and

    • (e) the date of the response.

  • Marginal note:Request for arbitration of additional matters

    (3) A notice referred to in subsection 136(5) of the Act must be filed with the Board and signed by the authorized representative of the party filing the notice and contain the following information:

    • (a) the name and contact information of the party filing the notice and its authorized representative;

    • (b) the names and contact information of the other party to the dispute;

    • (c) the additional terms or conditions of employment for which arbitration is requested;

    • (d) the proposals of the party filing the notice, in both official languages, concerning the arbitral award to be made in respect of the additional terms and conditions of employment; and

    • (e) the date of the notice.

  • SOR/2020-43, s. 23

Marginal note:Applicant’s response

  •  (1) 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 its response concerning the arbitral award to be made in respect of additional terms or conditions of employment referred to in paragraph 48(3)(c) for which arbitration was requested by the other party.

  • Marginal note:Form and content

    (2) The response must be filed with the Board and signed by the authorized representative of the applicant and must contain the following information:

    • (a) proposals, in both official languages, concerning the arbitral award to be made in respect of the additional terms or conditions of employment for which arbitration was requested; and

    • (b) the date of the response.

  • SOR/2020-43, s. 23

Marginal note:Representations

 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 must give the parties the opportunity to make representations on the matter before referring it to the arbitration board.

  • SOR/2020-43, s. 24(E)

 [Repealed, SOR/2020-43, s. 25]

DIVISION 4Conciliation

Marginal note:Request for conciliation

 A request for conciliation under subsection 161(1) of the Act that is made to the Chairperson must be filed with the Board and signed by the authorized representative of the requestor and must contain the following information:

  • (a) the names and contact information of the requestor and its authorized representative;

  • (b) the name and contact information of the other party to the dispute;

  • (c) a detailed description of the bargaining unit in respect of which the request is made;

  • (d) the date on which the notice to bargain collectively was given under section 105 of the Act;

  • (e) the most recent date, before the date on which the notice to bargain collectively was given, on which the Board recorded a dispute resolution process chosen by the bargaining agent in relation to the bargaining unit;

  • (f) the steps that have been taken, including the dates of meetings that have been held and the progress that has been made in collective bargaining, after the notice to bargain collectively was given;

  • (g) the terms or conditions of employment for which conciliation is requested;

  • (h) the proposals concerning the report to be made in respect of the terms or conditions of employment;

  • (i) any request for a public interest commission consisting of three members under subsection 164(2) of the Act;

  • (j) a copy of the most recent collective agreement; and

  • (k) the date of the request for conciliation.

  • SOR/2014-251, s. 20
  • SOR/2020-43, s. 26

Marginal note:Other party’s response

  •  (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 its response concerning the report to be made in respect of any term or condition of employment for which the conciliation was requested.

  • Marginal note:Form and content

    (2) The response must be filed with the Board signed by the authorized representative of the party filing its response and must contain the following information:

    • (a) the names and contact information of the party filing the response and its authorized representative;

    • (b) the name and contact information of the other party to the dispute;

    • (c) the proposals concerning the report to be made in respect of the terms or conditions of employment for which conciliation was requested;

    • (d) any request for a public interest commission consisting of three members under subsection 164(2) of the Act; and

    • (e) the date of the response.

  • Marginal note:Request for conciliation of additional matters

    (3) A notice referred to in subsection 161(4) of the Act must be filed with the Board and signed by the authorized representative of the party filing the notice and must contain the following information:

    • (a) the name and contact information of the party filing the notice and its authorized representative;

    • (b) the name and contact information of the other party to the dispute;

    • (c) the additional terms or conditions of employment for which conciliation is requested;

    • (d) the proposals concerning the report to be made in respect of the additional terms or conditions of employment; and

    • (e) the date of the notice.

  • SOR/2020-43, s. 26

Marginal note:Applicant’s response

  •  (1) 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 its response concerning the report to be made in respect of additional terms or conditions of employment referred to in paragraph 52(3)(c) for which conciliation was requested by the other party.

  • Marginal note:Form and content

    (2) The response must be filed with the Board and signed by the authorized representative of the applicant and contain the following information:

    • (a) the proposals concerning the report to be made in respect of the additional terms or conditions of employment referred to in paragraph 52(3)(c) for which conciliation was requested; and

    • (b) the date of the response.

  • SOR/2020-43, s. 26

DIVISION 5Strike Vote

Marginal note:Statement respecting strike vote

  •  (1) The bargaining agent must, no later than the day after the day on which the results of a strike vote are announced, file a statement respecting the strike vote.

  • Marginal note:Form and content

    (2) The statement must be filed with the Board and signed by the authorized representative of the bargaining agent and contain the following information:

    • (a) the names and contact information of the bargaining agent and its authorized representative;

    • (b) the name of the employer;

    • (c) a detailed description of the bargaining unit in which the strike vote was held;

    • (d) the number of employees in the bargaining unit;

    • (e) the date on which the strike vote was held;

    • (f) the date on which the results of the strike vote were announced;

    • (g) the oath or solemn affirmation of the authorized representative that the statement is true to the best of their knowledge and that the representative was authorized to make the statement, sworn or solemnly affirmed before a commissioner for taking a declaration under oath or any other person authorized by law to administer an oath or a solemn affirmation; and

    • (h) the date of the statement.

  • SOR/2014-251, s. 21
  • SOR/2020-43, s. 27

Marginal note:Application to have strike vote declared invalid

 An application for a declaration that a strike vote is invalid under subsection 184(2) of the Act must be filed with the Board and signed by the applicant or their authorized representative, and must contain the following information:

  • (a) the names and contact information of the applicant and their authorized representative, if any;

  • (b) the names of the bargaining agent and the employer;

  • (c) a description of the bargaining unit in which the strike vote was held;

  • (d) the date on which the results of the strike vote were announced;

  • (e) the irregularities alleged to have occurred in the conduct of the vote; and

  • (f) the date of the application for a declaration that a strike vote is invalid.

  • SOR/2020-43, s. 27

Marginal note:Bargaining agent’s reply

 A bargaining agent must, 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.

  • SOR/2020-43, s. 50(E)

DIVISION 6Complaints Procedure

Marginal note:Complaint

 A complaint under section 190 of the Act must be filed with the Board and signed by the complainant or their authorized representative and must contain the following information:

  • (a) the names and contact information of the complainant and their authorized representative, if any;

  • (b) the name and contact information of the respondent;

  • (c) the paragraph of subsection 190(1) of the Act on which the complaint is based;

  • (d) a concise statement of each act, omission or other matter giving rise to the complaint;

  • (e) the date on which the complainant knew of the act, omission or other matter giving rise to the complaint;

  • (f) if the complaint alleges an unfair labour practice prohibited by paragraph 188(b) or (c) of the Act and if the employee organization has established a grievance or appeal procedure, then

    • (i) if the employee organization has provided the complainant with a copy of the decision with respect to the grievance or appeal, the date on which they received the decision, or

    • (ii) if the complainant did not receive a copy of the decision with respect to the grievance or appeal, the date on which a grievance or appeal was presented in accordance with any procedure that has been established by the employee organization;

  • (g) the steps that have been taken by or on behalf of the complainant for the resolution of the act, omission or other matter giving rise to the complaint;

  • (h) the corrective action sought under subsection 192(1) of the Act; and

  • (i) the date of the complaint.

  • SOR/2020-43, s. 28

DIVISION 6.1Complaint Under Section 133 of the Canada Labour Code

Marginal note:Canada Labour Code

 A complaint under section 133 of the Canada Labour Code that is made to the Board must be signed by the complainant or their authorized representative and must contain the following information:

  • (a) the names and contact information of the complainant and their authorized representative, if any;

  • (b) the name and contact information of the employer;

  • (c) a concise statement of each act, omission or other matter giving rise to the complaint;

  • (d) the steps that have been taken by or on behalf of the complainant for the resolution of the act, omission or other matter giving rise to the complaint;

  • (e) the corrective action sought under section 134 of the Canada Labour Code; and

  • (f) the date of the complaint.

  • SOR/2014-251, s. 22
  • SOR/2020-43, s. 29

DIVISION 7Declaration That Conduct Is Unlawful

Marginal note:Application for declaration that conduct is unlawful

 An application for a declaration that conduct is unlawful under subsection 198(1) of the Act must be filed with the Board and signed by the authorized representative of the employer and must contain

  • (a) the names and contact information of the employer and its authorized representative;

  • (b) the name and contact information of the respondent;

  • (c) the provision of the Act alleged to have been contravened;

  • (d) a description of the conduct giving rise to the application;

  • (e) the corrective action sought under subsection 198(2) of the Act; and

  • (f) the date of the application for a declaration that conduct is unlawful.

  • SOR/2020-43, s. 30

Marginal note:Reply

 The party that receives a copy of the application must, no later than seven days after receipt, file a reply.

  • SOR/2020-43, s. 50(E)

DIVISION 8Consent To Prosecution

Marginal note:Application to obtain Board’s consent

 An application to obtain the consent of the Board referred to in section 205 of the Act must be filed with the Board and signed by the applicant or the applicant’s authorized representative and must contain the following information:

  • (a) the name and contact information of the applicant and the applicant’s authorized representative, if any;

  • (b) the name and contact information of the respondent;

  • (c) the offence under Division 14 of Part 1 of the Act alleged to have been committed;

  • (d) the provision of the Act alleged to have been contravened;

  • (e) a description of the conduct giving rise to the application; and

  • (f) the date of the application to obtain the consent of the Board.

  • SOR/2020-43, s. 31

PART 2Grievances

General Provisions

Marginal note:Extension of time

 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 Board or an adjudicator, as the case may be.

  • SOR/2014-251, s. 23

Marginal note:Suspension of time

 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

 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

 An individual grievance process must consist of a maximum of three levels.

  • SOR/2020-43, s. 50(E)

Marginal note:Notice of level

  •  (1) An employer must 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 contact information, 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 must 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 must authorize an employer to communicate the information to its employees by a means other than posting notices.

  • SOR/2020-43, s. 32
  • SOR/2020-43, s. 50(E)

Marginal note:Individual grievance form

  •  (1) An employer must prepare a form for an individual grievance that sets out the information to be provided by the grievor, including

    • (a) the name, mailing and electronic mail 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 must be submitted to the Board for approval, and the Board must 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 must make copies of the approved form available to all of its employees.

  • SOR/2020-43, s. 33

Marginal note:Presentation of grievance

 An employee who wishes to present an individual grievance must do so on the form provided by the employer and approved by the Board and must submit it to the employee’s immediate supervisor or local officer-in-charge identified under subsection 65(1).

  • SOR/2020-43, s. 34

Marginal note:Deadline for presentation of grievance at first level

  •  (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 sent by courier or delivered to the grievor’s immediate supervisor or local officer-in-charge identified under subsection 65(1).

  • SOR/2020-43, s. 35(E)

Marginal note:Representation — grievance relating to interpretation or application

  •  (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 must 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 contact information of the authorized representative for the purpose of providing documents.

  • 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, must 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 contact information of the person or, if the person is an employee organization, its authorized representative for the purpose of providing documents.

  • Marginal note:Representation — grievor not included in a bargaining unit

    (3) A grievor who is not included in a bargaining unit, who presents an individual grievance and who is represented by another person in presenting the grievance must 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 employee organization agrees to act on behalf of the grievor; and

    • (b) the contact information of the person or, if the person is an employee organization, of its authorized representative, for the purpose of providing documents.

  • SOR/2020-43, s. 36
  • SOR/2020-43, s. 50(E)

Marginal note:Receipt and transmission

 On receipt of an individual grievance, the immediate supervisor or the local officer-in-charge identified under subsection 65(1) must

  • (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.

  • SOR/2020-43, s. 50(E)

Marginal note:Circumstances in which a level may be eliminated

 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

  •  (1) Unless the individual grievance relates to classification, the person whose decision constitutes the appropriate level of the individual grievance process must 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.

  • SOR/2020-43, s. 50(E)

Marginal note:Withdrawal of grievance

  •  (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 must

    • (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.

  • SOR/2020-43, s. 50(E)

Group Grievances

Marginal note:Maximum number of levels

 A group grievance process is to consist of a maximum of three levels.

  • SOR/2020-43, s. 37(E)

Marginal note:Notice of level

 An employer must notify the bargaining agent of the employees to whom the group grievance process applies of the name or title, as well as the contact information, of any person to whom a group grievance may be presented.

  • SOR/2020-43, s. 38

Marginal note:Group grievance form

  •  (1) An employer must 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 and contact information of its authorized representative;

    • (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 must be submitted to the Board for approval, and the Board must 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 must make copies of the approved form available to the bargaining agent.

  • SOR/2020-43, s. 39

Marginal note:Presentation of grievance

  •  (1) A bargaining agent who presents a group grievance must do so on the form provided by the employer and approved by the Board and must submit it to any person identified under section 75.

  • Marginal note:Consent of aggrieved employees

    (2) The bargaining agent must submit, together with the group grievance, the consent of aggrieved employees to the presentation of a group grievance, signed by each of the consenting employees.

  • Marginal note:Form and contents

    (3) The consent must contain the following information:

    • (a) the names of the bargaining agent and the employer;

    • (b) a description of the bargaining unit to which the aggrieved employees belong;

    • (c) the portion of the federal public administration in which the aggrieved employees work;

    • (d) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the group grievance;

    • (e) the provision of the collective agreement or arbitral award that is the subject of the group grievance;

    • (f) a statement of the group grievances;

    • (g) the corrective action sought; and

    • (h) the date on which each aggrieved employee consented and their work location.

  • SOR/2020-43, s. 40

Marginal note:Deadline for presentation of grievance at first level

  •  (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 sent by courier or delivered to any person identified under section 75.

  • SOR/2020-43, s. 41(E)

Marginal note:Receipt and transmission

 On receipt of a group grievance, the person identified under to section 75 must

  • (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.

  • SOR/2020-43, s. 50(E)

Marginal note:Deadline for decision

 The person whose decision constitutes the appropriate level of the group grievance process must 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.

  • SOR/2020-43, s. 50(E)

Marginal note:Withdrawal of grievance

  •  (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 section 75 must

    • (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.

  • SOR/2020-43, s. 42(E)

Marginal note:Withdrawal from a group grievance

  •  (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 must 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 must

    • (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.

  • SOR/2020-43, s. 50(E)

Policy Grievances

Marginal note:Maximum number of levels

 A policy grievance process must consist of one level.

  • SOR/2020-43, s. 50(E)

Marginal note:Notice from employer

  •  (1) An employer must notify the bargaining agent of the name or title, as well as the contact information, of any person to whom a policy grievance may be presented.

  • Marginal note:Notice from bargaining agent

    (2) A bargaining agent must notify the employer of the name or title, as well as the contact information, of any person to whom a policy grievance may be presented.

  • SOR/2020-43, s. 43

Marginal note:Deadline for presentation of grievance

  •  (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 sent by courier or delivered to any person identified under subsection 84(1) or (2), as the case may be.

  • SOR/2020-43, s. 44(E)

Marginal note:Receipt and transmission

 On receipt of a policy grievance, the person identified under subsection 84(1) or (2), must

  • (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.

  • SOR/2020-43, s. 50(E)

Marginal note:Deadline for decision

 The person whose decision constitutes the level of the policy grievance process must 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.

  • SOR/2020-43, s. 50(E)

Marginal note:Withdrawal of grievance

  •  (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) must

    • (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.

  • SOR/2020-43, s. 50(E)

Adjudication

Marginal note:Notice of reference to adjudication

  •  (1) A notice of reference to adjudication must be filed with the Board, together with a copy of the grievance and signed by the party filing the notice or its authorized representative, as the case may be, and must contain the following information:

    • (a) in the case of an individual grievance,

      • (i) if the grievance relates to the interpretation or application of a provision of a collective agreement or arbitral award,

        • (A) the names and contact information of the grievor and their authorized representative,

        • (B) the names of the employer and the bargaining agent,

        • (C) the place of work, position title, division and section or unit and classification of the grievor,

        • (D) the dates on which the individual grievance was presented at the first and final levels of the individual grievance process,

        • (E) the date on which the employer provided its decision at the final level of the individual grievance process, if any,

        • (F) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the individual grievance,

        • (G) the provisions of the collective agreement or arbitral award that are the subject of the individual grievance,

        • (H) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,

        • (I) if the parties have selected an adjudicator, the adjudicator’s name and contact information,

        • (J) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication,

        • (K) the bargaining agent’s agreement to represent the grievor in the adjudication proceedings, and

        • (L) the date of the notice of reference to adjudication, or

      • (ii) if the grievance relates to a termination, demotion, suspension, financial penalty or deployment,

        • (A) the names and contact information of the grievor and their authorized representative, if any,

        • (B) the names of the deputy head and the bargaining agent,

        • (C) the place of work, position title, division and section or unit and classification of the grievor, as well as the grievor’s department,

        • (D) the dates on which the individual grievance was presented at the first and final levels of the individual grievance process,

        • (E) the date on which the employer provided its decision at the final level of the individual grievance process, if any,

        • (F) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the individual grievance,

        • (G) the provision of the Act under which the individual grievance is referred to adjudication,

        • (H) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,

        • (I) if the parties have selected an adjudicator, the adjudicator’s name and contact information ,

        • (J) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication, and

        • (K) the date of the notice of reference to adjudication;

    • (b) in the case of a group grievance,

      • (i) the names and contact information of the bargaining agent and its authorized representative,

      • (ii) the name of the aggrieved employees’ employer,

      • (iii) the description of the bargaining unit to which the aggrieved employees belong,

      • (iv) the portion of the federal public administration in which the aggrieved employees work,

      • (v) the dates on which the group grievance was presented at the first and final levels of the group grievance process,

      • (vi) the date on which the employer provided its decision at the final level of the group grievance process, if any,

      • (vii) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the group grievance,

      • (viii) the provision of the collective agreement or arbitral award that is the subject of the group grievance,

      • (ix) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,

      • (x) if the parties have selected an adjudicator, the adjudicator’s name and contact information,

      • (xi) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication, and

      • (xii) the date of the notice of reference to adjudication; and

    • (c) in the case of a policy grievance,

      • (i) the names and contact information of the party filing notice of reference to adjudication and its authorized representative,

      • (ii) the name of the other party to the policy grievance,

      • (iii) a description of the bargaining unit,

      • (iv) the date on which the policy grievance was presented to the other party,

      • (v) the date on which the other party provided a decision with respect to the policy grievance,

      • (vi) the term of the collective agreement or arbitral award, or both, as the case may be, that is the subject of the policy grievance,

      • (vii) the provision of the collective agreement or arbitral award that is the subject of the policy grievance,

      • (viii) if an adjudicator is named in the collective agreement, the adjudicator’s name and contact information,

      • (ix) if the parties have selected an adjudicator, the adjudicator’s name and contact information,

      • (x) if the establishment of a board of adjudication is requested, the name and contact information of the person nominated as a member of the board of adjudication, and

      • (xi) the date of the notice of reference to adjudication.

  • Marginal note:Copy of consent

    (2) If the notice of reference to adjudication concerns a group grievance, the bargaining agent must also provide a copy of the consent 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 must 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
  • SOR/2020-43, s. 45
  • SOR/2020-43, s. 50(E)

Marginal note:Deadline for reference to adjudication

  •  (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

  •  (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

  •  (1) A notice of a human rights issue under subsection 210(1), 217(1) or 222(1) of the Act must be given to the Canadian Human Rights Commission, together with a copy of the grievance and the notice of the reference to adjudication.

  • Marginal note:Form and contents

    (1.1) The notice must be filed with the Canadian Human Rights Commission and signed by the party raising the issue or their authorized representative, as the case may be, and contain the following information:

    • (a) the name and contact information of the party raising the issue involving the interpretation or application of the Canadian Human Rights Act and of their authorized representative, if any;

    • (b) the description of the issue involving the interpretation or application of the Canadian Human Rights Act;

    • (c) the prohibited ground of discrimination involved;

    • (d) the corrective action sought; and

    • (e) the date of the notice.

  • Marginal note:Copies of notice

    (2) The person who gives the notice must send a copy of it to the Board, 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 Board in writing that the person does not wish to receive a copy of subsequent documents.

  • SOR/2014-251, s. 24
  • SOR/2020-43, s. 46
  • SOR/2020-43, s. 50(E)

Marginal note:Deadline for notice of intention to make submissions

  •  (1) The Canadian Human Rights Commission may, no later than 15 days after being notified of a human rights issue under subsection 210(1), 217(1) or 222(1) of the Act, notify the Board of whether or not it intends to make submissions regarding the issue raised in the notice.

  • Marginal note:Attachments

    (2) The Canadian Human Rights Commission must 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 Board must provide copies to the parties and the intervenors.

  • SOR/2014-251, s. 25
  • SOR/2020-43, s. 47

Marginal note:Participation in mediation

  •  (1) The parties must participate in the mediation provided by the Board, unless a party notifies the Board in writing, no later than 15 days after the party that did not refer the grievance to adjudication, receives a copy of the notice of the reference to adjudication that it does not intend to participate.

  • Marginal note:Request to mediate

    (2) Despite subsection (1), a party may, after notifying the Board of its intention not to participate in mediation, and with the agreement of the other party, request mediation of the grievance.

  • SOR/2014-251, s. 26

Marginal note:Deadline for raising objections

  •  (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 must provide a statement in writing giving details regarding its objection to the Board.

  • SOR/2014-251, s. 27

Marginal note:Filing with the Board

 An employer or deputy head or, in the case of a policy grievance, the party that did not refer the grievance to adjudication must, 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 Board a copy of the decision that was made in respect of the grievance at each level of the applicable grievance process.

  • SOR/2014-251, s. 28

Marginal note:Documentation

  •  (1) If a grievance relates to the interpretation or application of a provision of a collective agreement or arbitral award, the party referring the grievance to adjudication must, before or at the hearing, provide a copy of the collective agreement or arbitral award to the adjudicator or the Board, as the case may be, to the other party or its authorized representative, if any, to the intervenors and, if notice to the Canadian Human Rights Commission is 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 must be filed in both official languages, if it exists in both languages.

  • SOR/2014-251, s. 29
  • SOR/2020-43, s. 48
  • SOR/2020-43, s. 50(E)
  •  (1) [Repealed, SOR/2014-251, s. 30]

  • 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.

  • SOR/2014-251, s. 30

Marginal note:Addition of party or intervenor

  •  (1) Any person with a substantial interest in a grievance may apply to the Board or the adjudicator, as the case may be, to be added as a party or an intervenor.

  • Marginal note:Representations

    (2) The Board 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.

  • SOR/2014-251, s. 31

Marginal note:Insufficient information

  •  (1) The Board or an adjudicator may, on their own initiative or at the request of a party or an intervenor, in a proceeding before the Board 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 Board 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.

  • SOR/2014-251, s. 31

Marginal note:Notice of pre-hearing conference

 Unless the matter is urgent, the Board must provide the parties and intervenors with notice of a pre-hearing conference at least three days before the day that is fixed for it.

  • SOR/2014-251, s. 31

Marginal note:Notice of hearing

  •  (1) Unless the matter is urgent, the Board must 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 Board or the adjudicator, as the case may be, may proceed with the hearing and dispose of the matter without further notice to that person.

  • SOR/2014-251, s. 31

Marginal note:Contents of summons application

 The Board or an adjudicator, if necessary for the fair and expeditious resolution of the proceedings before the Board or 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.

  • SOR/2014-251, s. 31

Marginal note:Document adduced as evidence

  •  (1) Any document adduced as evidence must be filed at the hearing with a copy for the Board or the adjudicator, as the case may be, for each party, for each intervenor and, if notice to the Canadian Human Rights Commission was 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 must be filed in both official languages, if it exists in both languages.

  • SOR/2014-251, s. 32
  • SOR/2020-43, s. 50(E)

Marginal note:Adjournment of hearings

 The Board or adjudicator may adjourn a hearing before the Board or adjudicator, as the case may be, and specify the day, time, place and terms of its continuance.

  • SOR/2014-251, s. 33

Marginal note:Withdrawal from a group grievance

 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 must provide a copy of the notice to the Board.

  • SOR/2014-251, s. 33

PART 3Transitional Provision, Repeal and Coming into Force

Transitional

Marginal note:Transitional

 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

 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote * 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.

SCHEDULE

[Repealed, SOR/2020-43, s. 49]

RELATED PROVISIONS

  • — 2017, c. 9, s. 58(3)

    • Other references
      • 58 (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.

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