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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

General Provisions (continued)

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Marginal note:Deemed withdrawn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the parties that requires them to provide representations stating the reasons why the matter should not be deemed to be withdrawn and, if there is no response within the period determined by the Board, deem the matter withdrawn.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
 
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