Regulations Amending the Federal Public Sector Labour Relations Regulations: SOR/2020-43
Canada Gazette, Part II, Volume 154, Number 6
Registration
SOR/2020-43 March 6, 2020
FEDERAL PUBLIC SECTOR LABOUR RELATIONS ACT
FEDERAL PUBLIC SECTOR LABOUR RELATIONS AND EMPLOYMENT BOARD ACT
The Federal Public Sector Labour Relations and Employment Board makes the annexed Regulations Amending the Federal Public Sector Labour Relations Regulations, pursuant to
- (a) sections 39 footnote a, 237 footnote b and 238 of the Federal Public Sector Labour Relations Act footnote c; and
- (b) section 36 of the Federal Public Sector Labour Relations and Employment Board Act footnote d.
Ottawa, March 2, 2020
Catherine Ebbs
Chairperson, Federal Public Sector Labour Relations and Employment Board
Regulations Amending the Federal Public Sector Labour Relations Regulations
Amendments
1 (1) Paragraph (s.1) of the definition initiating document in section 1 of the Federal Public Sector Labour Relations Regulations footnote 1 is repealed.
(2) The definition initiating document in section 1 of the Regulations is amended by adding the following after paragraph (n):
- (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;
(3) Paragraph (n) of the definition initiating document in section 1 of the French version of the Regulations is replaced by the following:
- n) la demande de prorogation du délai pour commencer à appliquer une convention collective, prévue à l’alinéa 117b) de la Loi;
(4) Section 1 of the Regulations is amended by adding the following in alphabetical order:
- contact information means a telephone number, fax number, mailing and electronic address. (coordonnées)
- day means a calendar day. (jour)
- 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)
2 Section 2 of the Regulations is replaced by the following:
Filing initiating documents
2 All initiating documents must be filed with the Board.
3 Section 3 of the Regulations is repealed.
4 Sections 4 and 5 of the Regulations are replaced by the following:
Copies
4 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.
Reply
5 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.
5 Section 9 of the Regulations is replaced by the following:
Receipt of document
9 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.
6 Section 11 of the French version of the Regulations is replaced by the following:
Dessaisissement
11 (1) La personne qui a saisi d’une affaire la Commission, le président ou un arbitre de grief peut, avant qu’une décision ne soit rendue à ce sujet, l’en dessaisir en personne à l’audience ou par avis de retrait écrit adressé à la Commission.
Fermeture du dossier
(2) Lorsqu’elle est informée par le président ou par l’arbitre de grief du dessaisissement, ou à la réception de l’avis de retrait, la Commission ferme le dossier et en informe les parties, les intervenants et la Commission canadienne des droits de la personne, si celle-ci a reçu l’un des avis prévus aux paragraphes 210(1), 217(1) et 222(1) de la Loi.
7 The Regulations are amended by adding the following after section 11:
Deemed withdrawn
11.1 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.
8 Section 16 of the Regulations is replaced by the following:
Notice of pre-hearing conference
16 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.
9 Subsections 17(1) and (1.1) of the Regulations are replaced by the following:
Notice of hearing
17 (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.
10 Section 22 of the Regulations is replaced by the following:
Application for review of Board’s decision
22 An application for a review, referred to in section 43 of the Act, of an order or a decision of the Board must contain a statement of the grounds on which the applicant intends to rely in support of the review.
11 Section 23 of the Regulations is replaced by the following:
Application for certification
23 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.
12 Subsection 25(2) of Regulations is replaced by the following:
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.
13 Sections 26 to 28 of the Regulations are replaced by the following:
Employer’s reply
26 (1) An employer must file a reply to the application for certification on or before the closing date.
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.
Intervention
27 (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.
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.
Statement of opposition
28 (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.
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.
14 Subsection 30(2) of the Regulations is replaced by the following:
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.
15 Subsection 33(2) of the Regulations is replaced by the following:
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.
16 The portion of subsection 34(1) of the Regulations before paragraph (a) is replaced by the following:
Objection
34 (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
17 Section 36 of the Regulations is replaced by the following:
Application for revocation of certification
36 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.
18 Subsection 38(2) of the Regulations is replaced by the following:
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.
19 Subsection 39(1) of the Regulations is replaced by the following:
Bargaining agent’s reply
39 (1) A bargaining agent must file a reply to the application for revocation of certification on or before the closing date.
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.
20 Section 40 of the Regulations is replaced by the following:
Statement of opposition
40 (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.
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.
21 Subsection 42(2) of the Regulations is replaced by the following:
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.
22 The Regulations are amended by adding the following after section 45:
DIVISION 2
Choice of Dispute Resolution Process
Notice of choice of dispute resolution process
46 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.
Application to change the process
46.1 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.
23 Sections 47 to 49 of the Regulations are replaced by the following:
Request for arbitration
47 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.
Other party’s response
48 (1) A party that receives a copy of a request for arbitration under subsection 136(1) of the Act may, no later than seven days after receipt of the copy, file its response concerning the arbitral award to be made for any term or condition of employment in respect of which the arbitration was requested.
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.
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.
Applicant’s response
49 (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.
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.
24 Section 50 of the English version of the Regulations is replaced by the following:
Representations
50 If a party objects to the referral of a matter in dispute under subsection 144(1) of the Act to an arbitration board on the ground that it is not a matter that may be included in an arbitral award, the Chairperson must give the parties the opportunity to make representations on the matter before referring it to the arbitration board.
25 Section 50.1 of the Regulations is repealed.
26 Sections 51 to 53 of the Regulations are replaced by the following:
Request for conciliation
51 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.
Other party’s response
52 (1) A party that receives a copy of a request for conciliation under subsection 161(1) of the Act may, no later than seven days after receipt of the copy, file its response concerning the report to be made in respect of any term or condition of employment for which the conciliation was requested.
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.
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.
Applicant’s response
53 (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.
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.
27 Sections 54 and 55 of the Regulations are replaced by the following:
Statement respecting strike vote
54 (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.
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.
Application to have strike vote declared invalid
55 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.
28 Section 57 of the Regulations is replaced by the following:
Complaint
57 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.
29 Section 57.1 of the Regulations is replaced by the following:
Canada Labour Code
57.1 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.
30 Section 58 of the Regulations is replaced by the following:
Application for declaration that conduct is unlawful
58 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.
31 Section 60 of the Regulations is replaced by the following:
Application to obtain Board’s consent
60 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.
32 Subsection 65(1) of the Regulations is replaced by the following:
Notice of level
65 (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.
33 (1) The portion of subsection 66(1) of the Regulations before paragraph (b) is replaced by the following:
Individual grievance form
66 (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;
(2) Subsections 66(2) and (3) of the Regulations are replaced by the following:
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.
Copies
(3) The employer must make copies of the approved form available to all of its employees.
34 Section 67 of the Regulations is replaced by the following:
Presentation of grievance
67 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).
35 Subsection 68(3) of the English version of the Regulations is replaced by the following:
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).
36 (1) Paragraph 69(1)(b) of the Regulations is replaced by the following:
- (b) the contact information of the authorized representative for the purpose of providing documents .
(2) Paragraph 69(2)(b) of the Regulations is replaced by the following:
- (b) the contact information of the person or, if the person is an employee organization, its authorized representative for the purpose of providing documents.
(3) Section 69 of the Regulations is amended by adding the following after subsection (2):
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.
37 Section 74 of the English version of the Regulations is replaced by the following:
Maximum number of levels
74 A group grievance process is to consist of a maximum of three levels.
38 Section 75 of the Regulations is replaced by the following:
Notice of level
75 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.
39 (1) The portion of subsection 76(1) of the Regulations before paragraph (b) is replaced by the following:
Group grievance form
76 (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;
(2) Subsections 76(2) and (3) of the Regulations are replaced by the following:
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.
Copies
(3) The employer must make copies of the approved form available to the bargaining agent.
40 Section 77 of the Regulations is replaced by the following:
Presentation of grievance
77 (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.
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.
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.
41 Subsection 78(3) of the English version of the Regulations is replaced by the following:
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.
42 The portion of subsection 81(2) of the English version of the Regulations before paragraph (a) is replaced by the following:
Receipt and transmission
(2) On receipt of a notice of withdrawal of a group grievance, the person identified under section 75 must
43 Section 84 of the Regulations is replaced by the following:
Notice from employer
84 (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.
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.
44 Subsection 85(2) of the English version of the Regulations is replaced by the following:
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.
45 Subsections 89(1) and (2) of the Regulations are replaced by the following:
Notice of reference to adjudication
89 (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;
- (i) if the grievance relates to the interpretation or application of a provision of a collective agreement or arbitral award,
- (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.
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).
46 Subsection 92(1) of the Regulations is replaced by the following:
Notice to Canadian Human Rights Commission
92 (1) A notice of a human rights issue under subsection 210(1), 217(1) or 222(1) of the Act must be given to the Canadian Human Rights Commission, together with a copy of the grievance and the notice of the reference to adjudication.
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.
47 (1) Subsection 93(1) of the Regulations is re-placed by the following:
Deadline for notice of intention to make submissions
93 (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.
(2) Subsection 93(2) of the English version of the Regulations is replaced by the following:
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.
48 Subsection 97(1) of the Regulations is replaced by the following:
Documentation
97 (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.
49 The schedule to the Regulations is repealed.
50 The English version of the Regulations is amended by replacing “shall” with “must” in the following provisions:
- (a) the portion of subsection 7(2) before paragraph (a);
- (b) sections 19 and 20;
- (c) subsection 25(3);
- (d) subsection 30(1);
- (e) section 31;
- (f) the portion of subsection 33(1) before paragraph (a);
- (g) subsection 34(2);
- (h) the portion of section 35 before paragraph (a);
- (i) subsection 38(3);
- (j) subsection 39(2);
- (k) subsection 42(1);
- (l) section 43;
- (m) subsection 45(1);
- (n) section 56;
- (o) section 59;
- (p) section 64;
- (q) subsections 65(2) and (3);
- (r) the portion of subsection 69(1) before paragraph (a);
- (s) the portion of subsection 69(2) before paragraph (a);
- (t) the portion of section 70 before paragraph (a);
- (u) subsection 72(1);
- (v) the portion of subsection 73(2) before paragraph (a);
- (w) the portion of section 79 before paragraph (a);
- (x) section 80;
- (y) the portion of subsection 81(2) before paragraph (a);
- (z) subsection 82(1) and the portion of subsection 82(2) before paragraph (a);
- (z.1) section 83;
- (z.2) the portion of section 86 before paragraph (a);
- (z.3) section 87;
- (z.4) the portion of subsection 88(2) before paragraph (a);
- (z.5) subsection 89(3);
- (z.6) subsection 92(2);
- (z.7) subsection 97(2); and
- (z.8) subsection 104(2).
Coming into Force
51 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
Portions of the regulations relating to the matters arising before the Federal Public Sector Labour Relations and Employment Board (the Board) needed to be amended due to the coming into force of An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act (S.C. 2017, c. 12) [Bill C-4], An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures (S.C. 2017, c. 9) [Bill C-7], and An Act to amend the Federal Public Sector Labour Relations Act and other Acts (S.C. 2018, c. 24) [Bill C-62].
Background
The Board is an independent quasi-judicial statutory tribunal established by the Federal Public Sector Labour Relations and Employment Board Act (S.C. 2013, c. 40, s. 365) [FPSLREBA], which came into force on November 1, 2014. Under this Act, the Public Service Labour Relations Board (PSLRB) and the Public Service Staffing Tribunal (PSST) were merged to create the Board.
When the Board was created, certain modifications were made to the regulations that were previously in place in relation to the matters dealt with by the PSLRB and the PSST under several acts, namely the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2) [FPSLRA], the Public Service Employment Act (S.C. 2003, c. 22, ss. 12 and 13) and the Parliamentary Employment and Staff Relations Act (R.S.C., 1985, c. 33 (2nd Supp.)). However, over the course of the past five years, it has become evident that some changes and updates are necessary for reasons related to modernization and housekeeping.
Furthermore, when Bill C-62 came into force on November 26, 2018, it amended the FPSLRA by restoring certain provisions of the Act that existed prior to December 13, 2013, related to the choice of process of dispute resolution, essential services, arbitration and conciliation. Therefore, some changes are required to align the Federal Public Sector Labour Relations Regulations (SOR/2005-79) [the Regulations] with the updated version of the FPSLRA and to support their implementation.
Legislative authority
Regulatory amendment is the most efficient manner to address these legislative changes. The amendments will ensure greater certainty and transparency in understanding the operational processes of the Board in relation to the statutory changes to the FPSLRA that have now come into force.
Sections 39, 237, 238 and 238.23 of the FPSLRA and section 36 of the FPSLREBA provide the Board with the authority to make regulations.
Description of key amendments
The following consequential and housekeeping amendments to the Regulations are required in order to align the Regulations with the many legislative changes brought about by bills C-4, C-7 and C-62, as well as address editorial and procedural issues to streamline the Board’s proceedings.
Status review
The Regulations were amended to include a new status review provision for “dormant cases” to enable the Board to better manage its caseload.
Electronic filing
Amendments to existing provisions of the Regulations were made in order to allow parties to send or file documents by electronic means, as well as by the existing means of mail, fax and hand delivery. This change entails amending many provisions of the Regulations to require parties to provide their electronic mail addresses.
Removal of the 4:00 p.m. deadline
The requirement that documents be received by the Board by 4:00 p.m. Ottawa time has been removed from the Regulations. The amendments also clarify when documents are deemed to have been received by the Board.
Removal of the forms from the Regulations
All the forms set out in the schedule to the Regulations have been removed. They will continue to exist but outside of the Regulations. This will enable the Board to have more flexibility to alter the content of the forms in the future without having to go through a complex regulatory amendment process. The information that a party must provide in a given matter is now set out specifically in the Regulations rather than in the forms.
Elimination of the requirement to file multiple copies
The Regulations were amended to provide for the elimination of the requirement that multiple copies of documents be filed. Where needed, the requirement will be stated on the online forms instead, thereby affording the Board greater flexibility to change the requirement in the future as a result of the expected increase in electronic filing.
Royal Canadian Mounted Police
The Regulations were amended to include the Royal Canadian Mounted Police (RCMP) in the procedures for certification and revocation applications.
Definition
The definition of “day” has been added to the Regulations for added clarity given the introduction of electronic filing.
The definitions of “signature” and “contact information” have also been added to reflect the requirements of electronic filing.
Process for dispute resolution
The definition of “initiating document” was amended to include applications for an essential services agreement, applications for the amendment of an essential services agreement, applications for the amendment or suspension of an essential services agreement in an emergency situation and applications for an extension of time under section 133 of the FPSLRA.
Given that section 158.1 of the FPSLRA was repealed as a result of the coming into force of Bill C-62, certain provisions of the Regulations were amended or repealed to reflect this legislative change. New provisions were also introduced, essentially restoring the dispute resolution provisions that existed before December 13, 2013.
Representation of a grievor not included in a bargaining unit
A new provision was added to address the representation of a grievor who is not included in a bargaining unit.
Housekeeping issues
French and English terminology: Amendments were made in order to better align the English and French versions of the Regulations.
From “shall” to “must”: The English version of the Regulations was amended to replace all instances of the word “shall” with the word “must.”
Rationale: Benefits and costs
The changes to the Regulations Amending the Federal Public Sector Labour Relations Regulations relate solely to the Board’s practices and procedures.
It is expected that the amendments will address concerns raised by stakeholders and assist parties and the Board in managing cases more efficiently.
The Regulations themselves have no impact on federal revenues or resource allocations. Employers, bargaining agents and employees will need to familiarize themselves with the changes in the Regulations, but there is no negative impact from the amendments themselves.
“One-for-One” Rule
The “One-for-One” Rule does not apply to the Regulations, as they do not increase the administrative burden on business under the FPSLRA.
Consultation
Consultation with the Board’s stakeholders was initiated in March 2018 with a letter to major stakeholders to inform them of the need to make changes to the Regulations in order to reflect the changes brought about by the various bills, as well as housekeeping changes. A draft copy of the Regulations containing the proposed changes was sent to all of the stakeholders — employers and bargaining agents. They were given until June 2018 to provide their feedback.
The draft amendments to the Regulations relating to Bill C-62 were not submitted to the stakeholders, however, because that Act’s adoption was still progressing through Parliament and it had not yet come into force by the end of the consultation period. Nevertheless, several stakeholders provided feedback to the Board about how the Regulations would need to be amended once Bill C-62 came into force.
Bill C-62 essentially amended the FPSLRA to restore certain provisions as they existed before December 13, 2013. Given that the proposed changes to the Regulations relating to those provisions similarly amend the Regulations to read as they did prior to that date as well, the Board considers that no further consultation about these amendments is necessary.
Implementation, enforcement and service standards
The Board will interpret and apply the Regulations in accordance with principles of statutory interpretation and the principles established in the FPSLRA, such as the paramountcy of the public interest; effective labour management relations; that collective bargaining ensure the expression of diverse views for the purpose of establishing terms and conditions of employment; commitment to a fair, credible and efficient resolution of disputes in matters arising from terms and conditions of employment; recognition from the Government of Canada that public service bargaining agents represent the interests of employees in collective bargaining and participate in the resolution of workplace issues and rights disputes; commitment from the employer and the bargaining agents to mutual respect; and commitment to harmonious labour management relations as essential to a productive and effective public service.
Coming into force
The Regulations Amending the Federal Public Sector Labour Relations Regulations come into force on the day that they are registered.
Contact
Lucie Morneault
Acting Executive Director
Federal Public Sector Labour Relations and Employment Board
C.D. Howe Building
240 Sparks Street
West Tower, 6th Floor
P.O. Box 1525, Station B
Ottawa, Ontario
K1P 5V2
Telephone: 613‑990‑1797
Email: Lucie.Morneault@tribunal.gc.ca