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Public Service Staffing Complaints Regulations (SOR/2006-6)

Regulations are current to 2022-07-25 and last amended on 2014-11-03. Previous Versions

Public Service Staffing Complaints Regulations

SOR/2006-6

PUBLIC SERVICE EMPLOYMENT ACT

Registration 2005-12-23

Public Service Staffing Complaints Regulations

The Public Service Staffing Tribunal, pursuant to section 109 of the Public Service Employment ActFootnote a, hereby makes the annexed Public Service Staffing Tribunal Regulations.

Ottawa, December 22, 2005

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Public Service Employment Act. (Loi)

    day

    day means a calendar day. (jour)

    Executive Director

    Executive Director[Repealed, SOR/2014-250, s. 2]

    intervenor

    intervenor means anyone who is allowed under subsection 19(4) to intervene in the hearing of a complaint. (intervenant)

    party

    party means anyone who has a right to be heard under subsection 65(3), section 75, subsection 79(1) or section 85 of the Act. (partie)

    standardized test

    standardized test[Repealed, SOR/2011-116, s. 1]

    writing

    writing includes, with respect to a person with a disability that affects the capacity to communicate in writing, any means of communication that can be used and understood by that person and that may be retained. (écrit)

  • Marginal note:Canadian Human Rights Commission

    (2) For the purposes of these Regulations, the Canadian Human Rights Commission is a participant in a proceeding in relation to a complaint if the Canadian Human Rights Commission has given notice under subsection 20(3) that it intends to make submissions regarding an issue raised by the complainant involving the interpretation or the application of the Canadian Human Rights Act.

  • Marginal note:References to “the deputy head or the Commission”

    (3) In these Regulations, a reference to “the deputy head or the Commission”, in the context of a complaint, means

    • (a) the deputy head, in any case where the complaint relates to a lay-off, revocation, appointment or proposed appointment in respect of which the Commission has authorized the deputy head under section 15 of the Act to exercise or perform any of the Commission’s powers and functions; and

    • (b) the Commission, in any other case.

  • SOR/2011-116, s. 1
  • SOR/2014-250, s. 2

Application

Marginal note:Application

 These Regulations apply to all complaints made to the Board under subsection 65(1) or section 74, subsection 77(1) or section 83 of the Act.

  • SOR/2014-250, s. 8

General Provisions

Marginal note:When notice considered received

 A notice that is sent to a party, an intervenor or the Canadian Human Rights Commission is considered to have been received by the party, the intervenor or the Canadian Human Rights Commission on

  • (a) if the notice is sent by electronic means such as electronic mail or fax transmission, the day on which it is sent;

  • (b) if the notice is sent by courier or delivered by hand, the day on which it is received; and

  • (c) if the notice is sent by mail, the day that is six days after

    • (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 the postage meter impression appear on the envelope, the later of them.

Marginal note:Alternate methods of providing notices and other documents

 Despite any provisions of these Regulations, the Board may, in the interest of fairness, establish alternate methods of providing notices and other documents.

  • SOR/2014-250, s. 8

Marginal note:Amendment of time

  •  (1) A party may request the Board to extend or reduce the time within which a complaint may be made or within which notices and other documents must be given in relation to a complaint.

  • Marginal note:Submissions

    (2) Before determining whether to extend or reduce the time, the Board must provide the other parties an opportunity to make submissions respecting the request.

  • Marginal note:Determination

    (3) The Board must determine whether it is in the interest of fairness to extend or reduce the time and, if it is, the length of the extension or reduction.

  • SOR/2011-116, s. 2
  • SOR/2014-250, s. 8

 [Repealed, SOR/2011-116, s. 2]

Marginal note:Computation of time

 A time period calculated under these Regulations that ends on a Saturday or a holiday is extended to end on the next day after that is not a Saturday or a holiday.

Marginal note:Consolidation of proceedings

 To ensure the expeditious resolution of complaints, the Board may direct that proceedings be consolidated and may issue directions in respect of the conduct of the consolidated proceedings.

  • SOR/2011-116, s. 3
  • SOR/2014-250, s. 8

Marginal note:Informal and expeditious proceeding

 For the purposes of section 5, subsection 17(4) and sections 19 and 27, the Board may deal with a proceeding as informally and expeditiously as the circumstances and the considerations of fairness permit.

  • SOR/2014-250, s. 3

Marginal note:Technical irregularity

 No proceeding is invalid by reason only of a defect in form or a technical irregularity.

Making a Complaint

Marginal note:Time for making complaint

  •  (1) A complaint must be received by the Board no later than 15 days after

    • (a) the day on which the complainant receives notice of the lay-off, revocation, appointment or proposed appointment to which the complaint relates; or

    • (b) the date specified in the notice, if it is a public notice.

  • Marginal note:Receipt of complaint

    (2) A complaint is considered to have been received by the Board on

    • (a) if the complaint is sent by electronic means such as electronic mail or fax transmission, the day on which it is sent;

    • (b) if the complaint is sent by courier or delivered by hand, the day on which it is received; or

    • (c) if the complaint is sent by mail, 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 the postage meter impression appear on the envelope, the later of them.

  • SOR/2011-116, s. 4
  • SOR/2014-250, s. 8

Marginal note:Form and content of complaint

 A complaint must be filed with the Board in writing and must include

  • (a) the name, telephone number and fax number of the complainant, and a mailing address or electronic mail address that can be disclosed to all parties;

  • (b) [Repealed, SOR/2011-116, s. 5]

  • (c) the name, address, telephone number, fax number and electronic mail address of the complainant’s authorized representative, if any;

  • (d) the number or identifier, if any, of the process to which the complaint relates;

  • (e) a copy of the notice of lay-off, revocation, appointment or proposed appointment to which the complaint relates;

  • (f) the name of the department or agency, branch or sector involved in the process to which the complaint relates;

  • (g) a reference to the provision of the Act under which the complaint is made;

  • (h) a full factual description of the events, circumstances or actions giving rise to the complaint, to the extent known by the complainant;

  • (i) the signature of the complainant or their authorized representative; and

  • (j) the date of the complaint.

  • SOR/2011-116, s. 5
  • SOR/2014-250, s. 7

Marginal note:Procedure on receipt of complaint

 On receiving the complaint, the Board must acknowledge its receipt and send a copy of it and all supporting documents to the deputy head or the Commission.

  • SOR/2011-116, s. 6
  • SOR/2014-250, s. 7

Marginal note:Names and addresses of parties

 Within 10 days after receiving a copy of the complaint and all supporting documents, the deputy head or the Commission must provide the Board with the names and business addresses of the other parties, including their electronic mail addresses, if any.

  • SOR/2011-116, s. 6
  • SOR/2014-250, s. 7

Marginal note:Copies to be provided

 On receiving the names and addresses of the other parties, the Board must send a copy of the complaint and all supporting documents to each of the other parties.

  • SOR/2011-116, s. 6
  • SOR/2014-250, s. 7

Alternate Dispute Resolution Processes

Mediation

Marginal note:Participation in mediation

  •  (1) The Board must schedule mediation for a complaint unless

    • (a) the complainant informs the Board, no later than 25 days after the date of the letter by which the Board acknowledges receipt of the complaint, that the complainant does not wish to participate in mediation; or

    • (b) the deputy head or the Commission informs the Board, no later than 25 days after the deputy head or the Commission receives a copy of the complaint, that they do not wish to participate in mediation.

  • Marginal note:Request to mediate

    (2) The complainant, the deputy head or the Commission may, with the agreement of the other party, request mediation of the complaint by informing the Board of that request before the date of the hearing.

  • SOR/2011-116, s. 7
  • SOR/2014-250, ss. 4(E), 7

Exchange of Information

Marginal note:Exchange of information

  •  (1) In the interest of facilitating the resolution of the complaint, the complainant and the deputy head or the Commission must, as soon as possible after the complaint has been filed, exchange all relevant information regarding the complaint.

  • Marginal note:Time for the exchange

    (2) The exchange of information must be completed no later than 25 days after the date of the letter by which the Board acknowledges receipt of the complaint.

  • Marginal note:Order to exchange information

    (3) If the complainant, the deputy head or the Commission does not complete the exchange of all relevant information as required by subsections (1) and (2), the Board may order the parties to complete the exchange of all relevant information within the time specified by the Board.

  • SOR/2011-116, s. 8
  • SOR/2014-250, ss. 7, 8

Order to Provide Information

Marginal note:Request for order to provide information

  •  (1) If a party refuses to provide information, the complainant, the deputy head or the Commission may, after the time provided for the exchange of information, request the Board to order that the information be provided.

  • Marginal note:Form and content of request

    (2) The request for an order to provide information must be in writing and must include

    • (a) the name, address, telephone number, fax number and electronic mail address of the party making the request;

    • (b) the Board’s file number for the complaint to which the request relates;

    • (c) a list specifying the documents or information requested;

    • (d) a detailed explanation as to why each requested item is relevant to the complaint; and

    • (e) the date of the request.

  • Marginal note:Suspension of time

    (3) Any time that is specified in these Regulations in relation to a complaint, notice or document is suspended until the Board renders a decision respecting the request for an order to provide information.

  • Marginal note:Order to provide information

    (4) The Board must order that the complainant, the deputy head or the Commission be provided with the information if the Board determines that the information may be relevant and that its provision will not

    • (a) threaten national security;

    • (b) threaten any person’s safety; or

    • (c) affect the validity or continued use of a standardized test, or any part of such a test, or distort the results of a standardized test by giving an unfair advantage to any individual.

  • Marginal note:Conditions

    (5) The Board may make the order to provide information subject to any conditions that it determines are necessary, including any conditions that are necessary to prevent any of the risks referred to in paragraphs (4)(a) to (c).

  • Marginal note:Duration of conditions

    (6) The conditions apply before and after the hearing or after any other resolution or disposition of the complaint.

  • SOR/2011-116, s. 9
  • SOR/2014-250, s. 8

Restriction on Use of Information

Marginal note:Use of information obtained

 Any information obtained under sections 16 and 17 may be used only for purposes of the complaint.

  • SOR/2011-116, s. 10(E)

Intervenors

Marginal note:Application to intervene

  •  (1) Anyone with a substantial interest in a proceeding before the Board may apply to the Board for permission to intervene in the proceeding.

  • Marginal note:Form and content of application

    (2) The application must be in writing and must include

    • (a) the applicant’s name, address, telephone number and fax number, and a mailing address or electronic mail address that is to be used for sending documents to the applicant;

    • (b) [Repealed, SOR/2011-116, s. 11]

    • (c) the name, address, telephone number, fax number and electronic mail address of the applicant’s authorized representative, if any;

    • (d) the Board’s file number for the complaint that is the subject of the application;

    • (e) the grounds for intervention and the interest of the applicant in the matter;

    • (f) the contribution that the applicant expects to make if allowed to intervene;

    • (g) the signature of the applicant or their authorized representative; and

    • (h) the date of the application.

  • Marginal note:Representations

    (3) The Board must give the parties and the Canadian Human Rights Commission, if it is a participant, the opportunity to make representations in respect of the application.

  • Marginal note:Allowing the application

    (4) The Board may allow the applicant to intervene after considering the following factors:

    • (a) whether the applicant is directly affected by the proceeding;

    • (b) whether the applicant’s position is already represented in the proceeding;

    • (c) whether the public interest or the interests of justice would be served by allowing the applicant to intervene; and

    • (d) whether the input of the applicant would assist the Board in deciding the matter.

  • Marginal note:Directions to intervenor

    (5) In allowing the application, the Board may issue directions regarding the role of the intervenor, including any matter relating to the procedure to be followed by the intervenor.

  • SOR/2011-116, s. 11
  • SOR/2014-250, ss. 5(F), 8
 
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