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)

Coordinating Amendments

Marginal note:2009, c. 2; 2013, c. 40

• 66 (1) If section 2 of this Act comes into force before a section or a subsection that is referred to in the following paragraphs, that section or subsection is amended by replacing “the Act” with “the Federal Public Sector Labour Relations Act”:

  • (a) sections 401 to 404 of the Budget Implementation Act, 2009; and

  • (b) in the Economic Action Plan 2013 Act, No. 2,

    • (i) subsection 307(2),

    • (ii) subsection 316(2),

    • (iii) subsections 325(1) to (3),

    • (iv) subsections 326(1) and (2),

    • (v) sections 327 to 332,

    • (vi) sections 334 and 335, and

    • (vii) subsections 336(1) and (2).

• (2) If a section or subsection referred to in paragraph (1)(a) or (b) comes into force on the same day as section 2 of this Act, then that section or subsection is deemed to have come into force before that section 2.

Marginal note:2013, c. 18

• 67 (1) The following definitions apply in this section.

  other Act

  other Act means the Act enacted by section 2 of chapter 22 of the Statutes of Canada, 2003, as amended from time to time. (autre loi)

  published date

  published date means the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act. (date publiée)

• (2) If subsection 3(3) and section 30 of this Act come into force before the published date, then, on the published date,

  • (a) the definition RCMP member in subsection 2(1) of the other Act is replaced by the following:

    RCMP member

    RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre de la GRC)

  • (b) the portion of subsection 209(1) of the other Act before paragraph (a) is replaced by the following:

    Marginal note:Reference to adjudication

    • 209 (1) An employee who is not an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to

  • (c) section 238.01 of the other Act is replaced by the following:

    Marginal note:Definition of RCMP Commissioner

    238.01 In this Part, RCMP Commissioner means the Commissioner of the Royal Canadian Mounted Police.

  • (d) subsection 238.02(3) of the other Act is replaced by the following:

    • Marginal note:Clarification

      (3) For greater certainty, the provisions of Parts 1 and 2, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary.

• (3) If the published date is before the day on which subsection 3(3) and section 30 of this Act come into force, or if the published date and the day on which that subsection 3(3) and section 30 come into force are the same, then, on the day on which that subsection 3(3) and section 30 come into force,

  • (a) the definition RCMP member in subsection 2(1) of the other Act is replaced by the following:

    RCMP member

    RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre de la GRC)

  • (b) the portion of subsection 209(1) of the other Act before paragraph (a) is replaced by the following:

    Marginal note:Reference to adjudication

    • 209 (1) An employee who is not an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to

  • (c) section 238.01 of the other Act is replaced by the following:

    Marginal note:Definition of RCMP Commissioner

    238.01 In this Part, RCMP Commissioner means the Commissioner of the Royal Canadian Mounted Police.

  • (d) subsection 238.02(3) of the other Act is replaced by the following:

    • Marginal note:Clarification

      (3) For greater certainty, the provisions of Parts 1 and 2, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary.

Marginal note:2013, c. 18 and c. 40

• 68 (1) The following definitions apply in this section.

  other Act

  other Act means the Economic Action Plan 2013 Act, No. 2. (autre loi)

  published date

  published date means the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act. (date publiée)

• (2) If the published date is before the day on which subsection 40(2) of this Act comes into force, and if that subsection 40(2) comes into force before the day on which section 340 of the other Act comes into force, then that section 340 is amended by replacing the subsection 40.1(3) that it enacts with the following:

  • Marginal note:Federal Public Sector Labour Relations Act — employees

    (3) A complaint must not be dealt with by the Commission under section 40 if it is made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, other than an RCMP member, as defined in subsection 2(1) of that Act, against their employer, as defined in that subsection 2(1), and it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

  • Marginal note:Federal Public Sector Labour Relations Act — RCMP members

    (3.1) A complaint made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, who is an RCMP member, as defined in subsection 2(1) of that Act, against their employer, as defined in that subsection 2(1), or a complaint made by the bargaining agent for the bargaining unit determined under section 238.14 of that Act, must not be dealt with by the Commission under section 40 if it relates to the interpretation or application, in respect of the employee or of the members of the bargaining unit, as the case may be, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

• (3) If the day on which subsection 40(2) of this Act comes into force and the published date are the same, and that day and date are before the day on which section 340 of the other Act comes into force, then that section 340 is amended by replacing the subsection 40.1(3) that it enacts with the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

• (4) If subsection 40(2) of this Act comes into force before the published date, and if the published date is before the day on which section 340 of the other Act comes into force, then that section 340 is amended by replacing the subsection 40.1(3) that it enacts with the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

• (5) If subsection 40(2) of this Act comes into force before section 340 of the other Act, and if that section 340 comes into force before the published date, then

  • (a) subsection 40.1(3) of the Canadian Human Rights Act is replaced by the following:

    • Marginal note:Federal Public Sector Labour Relations Act — employees

      (3) A complaint must not be dealt with by the Commission under section 40 if it is made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, other than an RCMP member, as defined in subsection 238.01(2) of that Act, against their employer, as defined in subsection 2(1) of that Act, and it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

    • Marginal note:Federal Public Sector Labour Relations Act — RCMP members

      (3.1) A complaint made by an employee, as defined in subsection 206(1) of the Federal Public Sector Labour Relations Act, who is an RCMP member, as defined in subsection 238.01(2) of that Act, against their employer, as defined in subsection 2(1) of that Act, or a complaint made by the bargaining agent for the bargaining unit determined under section 238.14 of that Act, must not be dealt with by the Commission under section 40 if it relates to the interpretation or application, in respect of the employee or of the members of the bargaining unit, as the case may be, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

  • (b) on the published date, subsections 40.1(3) and (3.1) of the Canadian Human Rights Act are replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

• (6) If the day on which section 340 of the other Act comes into force and the published date are the same, and that day and date are after the day on which subsection 40(2) of this Act comes into force, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

• (7) If section 340 of the other Act comes into force before subsection 40(2) of this Act, and if that subsection 40(2) comes into force before the published date, then

  • (a) subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in paragraph (5)(a) of this section;

  • (b) on the published date, subsections 40.1(3) and (3.1) of the Canadian Human Rights Act are replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

• (8) If subsection 40(2) of this Act comes into force on the same day as section 340 of the other Act, and if that day is before the published date, then that section 340 is deemed to have come into force before that subsection 40(2) and subsection (7) applies as a consequence.

• (9) If the published date and the day on which section 340 of the other Act comes into force are both before the day on which subsection 40(2) of this Act comes into force, then, on the day on which that subsection 40(2) comes into force, subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

• (10) If subsection 40(2) of this Act comes into force on the same day as section 340 of the other Act, and if that day is after the published date, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

• (11) If the day on which subsection 40(2) of this Act comes into force and the published date are the same, and if that day and date are after the day on which section 340 of the other Act comes into force, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

• (12) If the day on which subsection 40(2) of this Act comes into force, the day on which section 340 of the other Act comes into force and the published date are all the same, then subsection 40.1(3) of the Canadian Human Rights Act is replaced by the subsections 40.1(3) and (3.1) that are set out in subsection (2) of this section.

Marginal note:2013, c. 40

• 69 (1) The following definitions apply in this section.

  first Act

  first Act means the Economic Action Plan 2013 Act, No. 2. (première loi)

  second Act

  second Act means the Act enacted by section 2 of chapter 22 of the Statutes of Canada, 2003, as amended from time to time. (deuxième loi)

• (2) On the first day on which all of subsections 325(2) and (3) of the first Act and sections 33 and 49 of this Act are in force,

  • (a) subsection 238.02(2) of the second Act is replaced by the following:

    • Marginal note:Inconsistency — clarification

      (2) Without limiting the generality of subsection (1), section 58, subsections 208(1) and (8) and 209(1) and (2) and section 235 are inconsistent with this Part.

  • (b) section 238.24 of the second Act is replaced by the following:

    Marginal note:Limited right to grieve

    • 238.24 (1) Subject to subsection (2) and subsections 208(2) and (3) and (5) to (7), an employee who is an RCMP member is entitled to present an individual grievance only if they feel aggrieved by the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award.

    • Marginal note:Agreement required

      (2) Despite subsection 208(4), an employee who is an RCMP member and who is included in a bargaining unit may present an individual grievance only if they have the approval of and are represented by the bargaining agent for the bargaining unit, unless the grievance relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.

    • Marginal note:Discriminatory practices

      (3) In the case of an employee referred to in subsection (2), an individual grievance that relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act must be presented at the first level in the grievance process within one year after the last of the acts or omissions that gave rise to the grievance, or any longer period that the Board considers appropriate in the circumstances.

  • (c) paragraph 51(a) of the Public Servants Disclosure Protection Act is replaced by the following:

    • (a) the presentation of an individual grievance under subsection 208(1) or 238.24(1) of the Federal Public Sector Labour Relations Act; or

• (3) On the first day on which both subsection 326(1) of the first Act and section 33 of this Act are in force, section 238.25 of the second Act is replaced by the following:

  Marginal note:Limited right to refer to adjudication

  • 238.25 (1) An employee who is an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction only if the grievance is related to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award, whether or not it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.

  • Marginal note:Agreement required

    (2) An employee who is an RCMP member and who is included in a bargaining unit may refer an individual grievance to adjudication only if the bargaining agent for the bargaining unit has agreed to represent the employee in the adjudication proceedings, unless the grievance relates to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award and alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.

• (4) On the first day on which both section 335 of the first Act and section 33 of this Act are in force, the second Act is amended by adding the following after section 238.25:

  Marginal note:Expenses

  • 238.251 (1) Subject to subsection (2), if an individual grievance is referred to adjudication by an aggrieved employee who is an RCMP member, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employee in the adjudication proceedings.

  • Marginal note:Discriminatory practices

    (2) If an individual grievance that alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act is referred to adjudication by an aggrieved employee who is an RCMP member, the expenses of the adjudication are to be borne by the Board.

  • Marginal note:Recovery

    (3) Any amount that by this section is payable by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.

  • Marginal note:Determination by Chairperson

    (4) For the purpose of this section, the expenses of the adjudication are determined by the Chairperson.

• (5) If subsection 467(5) or (7) of the first Act has not produced its effects before the day on which section 2 of this Act comes into force, that subsection is amended by replacing “Public Service Labour Relations Act” with “Federal Public Sector Labour Relations Act”.

• (6) If subsection 467(5) or (7) of the first Act produces its effects on the day on which section 2 of this Act comes into force, then that subsection is deemed to have produced its effects before the day on which that section 2 comes into force.

• (7) If paragraph 469(2)(b) of the first Act has not produced its effects before the day on which section 5 of this Act comes into force, then that paragraph is replaced by the following:

  • (b) on the day on which the Public Sector Equitable Compensation Act comes into force, sections 13 and 14 of the second Act are replaced by the following:

    Marginal note:Adjudication services

    13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act.

    Marginal note:Mediation services

    14 The Board is to provide mediation services that consist of

    • (a) assisting parties in the negotiation of collective agreements and their renewal;

    • (b) assisting parties in the management of the relations resulting from the implementation of collective agreements;

    • (c) mediating in relation to grievances; and

    • (d) assisting the Chairperson in discharging his or her responsibilities under this Act.

    The Board is also to provide mediation services in accordance with the Public Sector Equitable Compensation Act.

• (8) If paragraph 469(2)(b) of the first Act produces its effects on the day on which section 5 of this Act comes into force, then section 13 of the second Act is replaced by the following:

  Marginal note:Adjudication services

  13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act.

• (9) If paragraph 469(9)(b) of the first Act has not produced its effects before the day on which section 36 of this Act comes into force, that paragraph is amended by replacing “Public Service Labour Relations and Employment Board Act, as enacted by section 365 of this Act,” with “Federal Public Sector Labour Relations and Employment Board Act”.

• (10) If paragraph 469(9)(b) of the first Act produces its effects on the day on which section 36 of this Act comes into force, then that paragraph is deemed to have produced its effects before that coming into force.