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| Tribunal
continued
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88. (1) The Public Service Staffing Tribunal
is continued, consisting of between five and
seven permanent members appointed by the
Governor in Council and any temporary
members that are appointed under section 90.
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| Mandate
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(2) The mandate of the Tribunal is to
consider and dispose of complaints made
under subsection 65(1) and sections 74, 77 and
83.
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| Eligibility
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(3) In order to be eligible to hold office as
a member, a person must
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(a) be a Canadian citizen within the
meaning of the Citizenship Act or a
permanent resident within the meaning of
the Immigration and Refugee Protection
Act; and
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(b) have knowledge of or experience in
employment matters in the public sector.
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| Full-time or
part-time
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(4) Members shall be appointed on a
full-time or part-time basis.
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| Chairperson
and
Vice-Chairper
son
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(5) The Governor in Council shall designate
a full-time permanent member to be
Chairperson of the Tribunal and a full-time or
part-time permanent member to be its
Vice-Chairperson.
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| Residence of
Chairperson
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(6) The Chairperson shall reside in the
National Capital Region as described in the
schedule to the National Capital Act or within
the distance of it specified by the Governor in
Council.
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| Tenure
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89. (1) A permanent member of the
Tribunal holds office during good behaviour
for a term not exceeding five years, but may be
removed for cause by the Governor in
Council.
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| Reappointmen
t
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(2) A permanent member is eligible to be
reappointed.
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| Temporary
members
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90. (1) The Governor in Council may
appoint temporary members of the Tribunal
whenever, in the Governor in Council's
opinion, the workload of the Tribunal so
requires.
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| Tenure
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(2) A temporary member of the Tribunal
holds office during good behaviour for a term
not exceeding two years, but may be removed
for cause by the Governor in Council.
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| Reappointmen
t
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(3) A temporary member is eligible to be
reappointed.
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| Carrying out
functions
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91. Members shall not accept or hold any
office or employment or carry on any activity
inconsistent with their functions, and full-time
members shall devote the whole of their time
to the performance of their functions.
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| Remuneration
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92. (1) A member shall be paid the
remuneration fixed by the Governor in
Council.
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| Expenses
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(2) Members are entitled to be paid
reasonable travel and other expenses incurred
by them in the course of their duties while
absent from, in the case of full-time members,
their ordinary place of work and, in the case of
part-time members, their ordinary place of
residence.
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| Application of
Public Service
Superannuati
on Act
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(3) Full-time members are deemed to be
employed in the public service for the
purposes of the Public Service
Superannuation Act.
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| Application of
other Acts
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(4) All members are deemed to be
employed in the federal public administration
for the purposes of the Government
Employees Compensation Act and regulations
made under section 9 of the Aeronautics Act.
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| Offices
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93. (1) The head office of the Tribunal shall
be in the National Capital Region described in
the schedule to the National Capital Act and
the Tribunal may, with the approval of the
Governor in Council, establish any regional
offices that it considers necessary to carry out
its mandate.
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| Services and
facilities
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(2) In executing its mandate, the Tribunal
may use any services and facilities of
departments, boards and agencies of the
Government of Canada that are appropriate
for the operation of the Tribunal.
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| Chief
executive
officer
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94. (1) The Chairperson of the Tribunal is
its chief executive officer and has supervision
over and direction of the work of the Tribunal,
including the assignment of complaints to
members and the determination of the date,
time and place of hearings.
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| Delegation by
Chairperson
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(2) The Chairperson may authorize the
Vice-Chairperson to exercise any of the
Chairperson's powers or perform any of the
Chairperson's functions.
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| Absence of
Chairperson
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(3) If the Chairperson is absent or unable to
act or the office of Chairperson is vacant, the
Vice-Chairperson shall act as the Chairperson
and, while so acting, has all the powers and
shall perform all the duties of the Chairperson.
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| Acting
Chairperson
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(4) If both the Chairperson and the
Vice-Chairperson are absent or unable to act
or if both of their offices are vacant, the
minister designated under section 110 may
authorize a permanent member or other
qualified person to act as Chairperson for a
period not exceeding 60 days and the
Governor in Council may authorize a
permanent member or other qualified person
to act as Chairperson for any longer period.
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| Human
resources
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95. (1) The Chairperson may employ
persons for the proper conduct of the
Tribunal's work, fix their period of
employment, establish their probationary
periods, reject them on probation and lay them
off.
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| Experts and
advisers
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(2) The Chairperson may retain on a
temporary basis the services of mediators and
other experts or persons having technical or
special knowledge to assist the Tribunal in an
advisory capacity and, subject to the approval
of the Treasury Board, fix their remuneration.
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| Application of
Public Service
Superannuati
on Act
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(3) Persons retained under subsection (2)
are not employed in the public service for the
purposes of the Public Service
Superannuation Act.
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| Political
activities
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96. Part 7 applies to persons employed by
the Tribunal as if they were employees as
defined in subsection 2(1).
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| Mediation
services
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97. (1) The Tribunal may provide mediation
services at any stage of a proceeding in order
to resolve a complaint.
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| Member as
mediator
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(2) The provision of mediation services by
a member at any stage of hearing a complaint
does not prevent that member from continuing
to hear the complaint with respect to any
issues that have not been resolved, unless the
Commission or any person entitled to be heard
objects to that member continuing.
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| Hearing by
single
member
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98. (1) A complaint shall be determined by
a single member of the Tribunal, who shall
proceed as informally and expeditiously as
possible.
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| Decision of
member
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(2) A decision made by a member is a
decision of the Tribunal.
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| Powers of
Tribunal
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99. (1) The Tribunal has, in relation to a
complaint, the power to
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(a) summon and enforce the attendance of
witnesses and compel them to give oral or
written evidence on oath in the same
manner and to the same extent as a superior
court of record;
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(b) order that a hearing be conducted using
any means of telecommunication that
permits all persons participating to
communicate adequately with each other;
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(c) administer oaths and solemn
affirmations;
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(d) accept any evidence, whether
admissible in a court of law or not;
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(e) compel, at any stage of a proceeding,
any person to produce any documents and
things that may be relevant; and
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(f) subject to any limitations that the
Governor in Council may establish in the
interests of defence or security, enter any
premises of an employer where work is
being or has been done by employees,
inspect and view any work, material,
machinery, appliances or articles in the
premises and require any person in the
premises to answer all proper questions
relating to the complaint.
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| Dismissing
complaint
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(2) The Tribunal may summarily dismiss
any complaint that, in its opinion, is frivolous
or vexatious.
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| Decision
without oral
hearing
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(3) The Tribunal may decide a complaint
without holding an oral hearing.
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| Former
member
continuing to
act
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100. At any time within eight weeks after a
person resigns or otherwise ceases to hold
office as a member of the Tribunal, the person
may, at the request of the Chairperson, dispose
of any matter previously heard by that person
and, for that purpose, the person is deemed to
be a part-time member.
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| Copy of
decision
provided
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101. The Tribunal shall render a decision on
a complaint made under subsection 65(1) or
section 74, 77 or 83 and provide a copy of
it - including any written reasons - and
any accompanying order to the Commission
and to each person who exercised the right to
be heard on the complaint.
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| Decisions
final
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102. (1) Every decision of the Tribunal is
final and may not be questioned or reviewed
in any court.
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| No review by
certiorari, etc.
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(2) No order may be made, process entered
or proceeding taken in any court, whether by
way of injunction, certiorari, prohibition, quo
warranto or otherwise, to question, review,
prohibit or restrain the Tribunal in relation to
a complaint.
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| Filing of order
in Federal
Court
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103. (1) The Commission or any person to
whom an order of the Tribunal applies may,
after the day specified for compliance or, if no
such day is specified in the order, not sooner
than 30 days after the day the order was made,
file in the Federal Court a certified true copy
of the order.
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| Effect of
filing
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(2) On the filing of an order, it becomes an
order of the Federal Court and may be
enforced as such.
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| Members not
compellable
as witnesses
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104. Members of the Tribunal, persons
employed by the Tribunal and persons
retained under subsection 95(2) are not
competent or compellable to appear as a
witness in any civil proceedings respecting
information obtained in the discharge of their
functions.
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| Notes and
drafts not to
be disclosed
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105. None of the following may be
disclosed without the consent of the person
who made them:
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(a) notes or draft orders or decisions of the
members of the Tribunal; and
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(b) notes of any person providing mediation
services under this Part.
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| Immunity
from
proceedings
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106. No criminal or civil proceedings lie
against a member of the Tribunal, or any
person acting on behalf of the Tribunal for
anything done or omitted to be done by that
member or that person in good faith under this
Part.
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| Oath or
affirmation
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107. Before commencing his or her
functions, a person appointed as a member of
the Tribunal shall take an oath or make a
solemn affirmation in the following form
before a commissioner of oaths or other
person having authority to administer oaths or
solemn affirmations:
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I, ...................., do swear (or solemnly affirm)
that I will faithfully, truly and impartially, to
the best of my judgement, skill and ability,
execute and perform the office of member (or
Chairperson or Vice-Chairperson) of the
Public Service Staffing Tribunal. (Add, in the
case where an oath is taken, ``So help me
God'' (or name of deity).)
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| Payment of
witness fees
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108. A person who is summoned by a
member of the Tribunal to attend as a witness
at any proceeding of the Tribunal is entitled to
receive fees and allowances for so attending
equal to those to which the person would be
entitled if summoned to attend before the
Federal Court.
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| Regulations of
Tribunal
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109. The Tribunal may make regulations
respecting
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(a) the manner in which and the time within
which a complaint may be made under
subsection 65(1) or section 74, 77 or 83;
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(b) the procedure for the hearing of
complaints by the Tribunal;
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(c) the time within which, and the persons
to whom, notices and other documents must
be given in relation to complaints and when
the notices are deemed to have been sent,
given or received;
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(d) the manner of giving notice of an issue
to the Canadian Human Rights Commission
under subsection 65(5) or section 78; and
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(e) the disclosure of information obtained in
the course of an appointment process or a
complaint proceeding under this Act.
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| Annual report
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110. (1) The Chairperson shall, as soon as
possible after the end of each fiscal year,
prepare and transmit to the minister
designated by the Governor in Council for the
purposes of this section a report for that fiscal
year in respect of matters under the Tribunal's
jurisdiction.
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| Tabling in
Parliament
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(2) The minister to whom the report is
transmitted shall cause the report to be laid
before each House of Parliament within the
first fifteen days on which that House is sitting
after the minister receives it.
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