Bill C-4

Review of Decisions

72. (1) Except as provided in this Part, every award or decision of an arbitrator appointed under section 49 or an adjudicator is final and shall not be questioned or reviewed in any court.

(2) No order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator appointed under section 49 or an adjudicator in any of the proceedings of the arbitrator or adjudicator.

437. Section 78 of the Act and the heading before it are replaced by the following:

Protection

78. No adjudicator, conciliator or person appointed by the Board and no arbitrator appointed under section 49 shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of his or her duties under this Part.

Transitional Provision

438. Every proceeding commenced under the Parliamentary Employment and Staff Relations Act before the day on which subsection 366(1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.

Federal Courts Act

Amendment to the Act

439. Paragraph 28(1)(i) of the Federal Courts Act is replaced by the following:

(i) the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act;

(i.1) adjudicators as defined in subsection 2(1) of the Public Service Labour Relations Act;

Transitional Provision

440. A decision of an adjudicator, as defined in subsection 2(1) of the Public Service Labour Relations Act, in respect of which an application for judicial review has been made before the day on which subsection 366(1) of this Act comes into force is to be dealt with as if that subsection had not come into force.

Public Sector Equitable Compensation Act

Amendment to the Act

441. The definition “Board” in subsection 2(1) of the Public Sector Equitable Compensation Act is replaced by the following:

“Board” means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act.

442. The heading “PUBLIC SERVICE LABOUR RELATIONS BOARD” before section 25 of the Act is replaced by the following:

PUBLIC SERVICE LABOUR RELATIONS AND EMPLOYMENT BOARD

443. Subsection 25(2) of the Act is replaced by the following:

(2) The Board may make regulations concerning the procedure in respect of the making of complaints under this Act and any other matter that is incidental or conducive to the exercise of its powers and the performance of its duties and functions under this Act.

444. Subsection 28 of the Act is replaced by the following:

28. If the Board decides not to deal with a complaint filed with it under this Act, it shall send a written notice of its decision and the reasons for it to the employee who filed the complaint and to the employer or bargaining agent, as the case may be — or, in the case of a complaint filed under section 24, to the employer and the bargaining agent — to whom the complaint relates.

Transitional Provision

445. Every proceeding commenced under the Public Sector Equitable Compensation Act before the day on which subsection 366(1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.

Consequential Amendments

Access to Information Act

446. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Public Service Labour Relations Board

Public Service Staffing Tribunal

447. Schedule I to the Act is amended by adding the following, in alphabetical order, under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Public Service Labour Relations and Employment Board

Canada Evidence Act

448. Item 11 of the schedule to the Canada Evidence Act is replaced by the following:

11. The Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act, for the purposes of a grievance process under the Public Service Labour Relations Act with respect to an employee of the Canadian Security Intelligence Service, with the exception of any information provided to the Board by the employee

Canadian Security Intelligence Service Act

449. Subsection 8(3) of the Canadian Security Intelligence Service Act is replaced by the following:

(3) When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act.

Financial Administration Act

450. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

Public Service Labour Relations Board

and the corresponding reference in column II to “Minister of Canadian Heritage”.

451. Schedule I.1 to the Act is amended by striking out, in column I, the reference to

Public Service Staffing Tribunal

and the corresponding reference in column II to “Minister of Canadian Heritage”.

452. Schedule I.1 to the Act is amended by amended by adding, in alphabetical order in column I, a reference to

Public Service Labour Relations and Employment Board

and a corresponding reference in column II to “Minister of Canadian Heritage”.

453. Schedule IV to the Act is amended by striking out the following:

Public Service Staffing Tribunal

454. Schedule V to the Act is amended by striking out the following:

Public Service Labour Relations Board

455. Schedule V to the Act is amended by adding the following in alphabetical order:

Public Service Labour Relations and Employment Board

456. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

Public Service Labour Relations Board

and the corresponding reference in column II to “Chairperson”.

457. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

Public Service Staffing Tribunal

and the corresponding reference in column II to “Chairperson”.

458. Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to

Public Service Labour Relations and Employment Board

and a corresponding reference in column II to “Chairperson”.

Privacy Act

459. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Public Service Labour Relations Board

Public Service Staffing Tribunal

460. The schedule to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Public Service Labour Relations and Employment Board

Public Service Superannuation Act

461. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

Public Service Staffing Tribunal

462. Part II of Schedule I to the Act is amended by striking out the following:

Public Service Labour Relations Board

463. Part II of Schedule I to the Act is amended by adding the following in alphabetical order:

Public Service Labour Relations and Employment Board

Public Sector Compensation Act

464. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

Public Service Staff Relations Board

465. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

Public Service Labour Relations and Employment Board

Status of the Artist Act

466. Paragraph 9(3)(a) of the Status of the Artist Act is replaced by the following:

(a) employees, within the meaning of the Public Service Labour Relations Act, including those determined to be employees by the Public Service Labour Relations and Employment Board, and members of a bargaining unit that is certified by that Board; or

Coordinating Amendments

467. (1) On the day on which section 298 comes into force, section 370 is replaced by the following:

370. The heading before section 44 and sections 44 to 52 of the Act are repealed.

(2) If section 333 of this Act comes into force before section 376 of this Act, then, on the day on which that section 376 comes into force, paragraph 226(2)(b) of the Public Service Labour Relations Act is replaced by the following:

(b) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of the Canadian Human Rights Act; and

(3) If section 376 comes into force before section 333, then that section 333 is replaced by the following:

333. Paragraph 226(2)(b) of the Act is replaced by the following:

(b) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of the Canadian Human Rights Act; and

(4) If section 333 comes into force on the same day as section 376, then that section 333 is deemed to have come into force before that section 376 and subsection (2) applies as a consequence.

(5) On the first day on which both sections 334 and 381 of this Act are in force, the portion of section 232 of the Public Service Labour Relations Act before paragraph (a) is replaced by the following

232. An adjudicator’s or the Board’s decision in respect of a policy grievance is limited to one or more of the following:

(6) If section 335 comes into force before section 383, then that section 383 is replaced by the following:

383. Subsection 235(6) of the French version of the Act is replaced by the following:

(7) If section 383 of this Act comes into force before section 335 of this Act, then, on the day on which that section 335 comes into force, subsection 235(6) of the French version of the Public Service Labour Relations Act is replaced by the following:

(8) If section 335 comes into force on the same day as section 383, then that section 383 is deemed to have come into force before that section 335 and subsection (7) applies as a consequence.

(9) On the day on which section 337 comes into force, section 388 is repealed.

(10) If section 356 of this Act comes into force before section 405 of this Act, then, on the day on which that section 405 comes into force, section 88 of the Public Service Employment Act is replaced by the following:

88. The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77, 78 and 83.

(11) If section 405 comes into force before section 356, then that section 356 is replaced by the following:

356. Section 88 of the Act is replaced by the following:

88. The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77, 78 and 83.

(12) If section 356 comes into force on the same day as section 405, then that section 356 is deemed to have come into force before that section 405 and subsection (10) applies as a consequence.

(13) If section 357 of this Act comes into force before section 407 of this Act, then, on the day on which that section 407 comes into force, section 89 of the Public Service Employment Act is replaced by the following:

89. (1) Subject to any limitations that the Governor in Council may establish in the interests of defence or security, the Board has, in relation to a complaint, the power to 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 questions relating to the complaint.

(2) The Board may summarily dismiss a complaint if the complainant fails to comply with any procedures set out in this Act, or the Board’s regulations, in relation to a complaint.

(3) The Board may summarily dismiss a complaint if the deputy head has taken the corrective action that the Board considers appropriate in relation to the complaint.

(14) If section 407 comes into force before section 357, then that section 357 is replaced by the following:

357. Section 89 of the Act is replaced by the following:

89. (1) Subject to any limitations that the Governor in Council may establish in the interests of defence or security, the Board has, in relation to a complaint, the power to 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 questions relating to the complaint.

(2) The Board may summarily dismiss a complaint if the complainant fails to comply with any procedures set out in this Act, or the Board’s regulations, in relation to a complaint.

(3) The Board may summarily dismiss a complaint if the deputy head has taken the corrective action that the Board considers appropriate in relation to the complaint.

(15) If section 357 comes into force on the same day as section 407, then that section 357 is deemed to have come into force before that section 407 and subsection (13) applies as a consequence.

(16) On the first day on which both sections 358 and 407 of this Act are in force, section 103.1 of the Public Service Employment Act is replaced by the following:

103.1 The Board shall render a decision on a complaint made under subsection 65(1) or section 74, 77, 78 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.

468. (1) In this section, “the Act” means the Public Service Employment Act.

(2) If section 414 of this Act comes into force before section 349 of this Act, then, on the day on which that section 349 comes into force, the Act is amended by replacing “Tribunal” with “Board” in the following provisions:

(a) subsections 65(1) and (5);

(b) sections 77 to 79;

(c) section 81; and

(d) paragraph 84(c).

(3) If section 414 comes into force on the same day as sections 349, 351, 353 and 355, then those sections 349, 351, 353 and 355 are deemed to have come into force before that section 414.

(4) On the first day on which both sections 414 and 350 of this Act are in force, the Act is amended by replacing “Tribunal” with “Board” in section 76.1.

(5) If section 414 of this Act comes into force before section 352 of this Act, then, on the day on which that section 352 comes into force, the English version of the Act is amended by replacing “Tribunal” with “Board” in section 80.

(6) If section 414 comes into force on the same day as section 352, then that section 352 is deemed to have come into force before that section 414.

469. (1) In this section, “other Act” means the Budget Implementation Act, 2009.

(2) If section 367 of this Act comes into force before section 400 of the other Act, then

(a) that section 400 is repealed; and

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

13. The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part, the referral of grievances to adjudication in accord­ance with Part 2 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.

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.

(3) If section 400 of the other Act comes into force before section 367 of this Act, then, on the day on which that section 367 comes into force, sections 13 and 14 of the Public Service Labour Relations Act are replaced by the following:

13. The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part, the referral of grievances to adjudication in accord- ance with Part 2 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.

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.

(4) If section 400 of the other Act comes into force on the same day as section 367 of this Act, then that section 400 is deemed to have come into force before that section 367 and subsection (3) applies as a consequence.

(5) If section 404 of the other Act comes into force before section 376 of this Act, then, on the day on which that section 376 comes into force, paragraph 226(2)(a) of the Public Service Labour Relations Act is replaced by the following:

(a) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act that are related to the right to equal pay for work of equal value and the Public Sector Equitable Compensation Act, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any;

(6) If section 376 of this Act comes into force before section 422 of the other Act, then that section 422 is replaced by the following:

422. Paragraph 226(2)(a) of the Act is replaced by the following:

(a) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act that are related to the right to equal pay for work of equal value and the Public Sector Equitable Compensation Act, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any;

(7) If section 404 of the other Act comes into force on the same day as section 376 of this Act, then that section 404 is deemed to have come into force before that section 376 and subsection (5) applies as a consequence.

(8) If section 405 of the other Act comes into force before section 390 of this Act, then, on the day on which that section 390 comes into force, subsection 42(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of this Act, is replaced by the following:

42. (1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act. The report must include a summary of the reports that the Board has received under the Public Sector Equitable Compensation Act during that year.

(9) If section 390 of this Act comes into force before section 405 of the other Act, then,

(a) that section 405 is repealed; and

(b) on the day on which the Public Sector Equitable Compensation Act comes into force, subsection 42(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of this Act, is replaced by the following:

42. (1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act. The report must include a summary of the reports that the Board has received under the Public Sector Equitable Compensation Act during that year.

(10) If section 405 of the other Act comes into force on the same day as section 390 of this Act, then that section 405 is deemed to have come into force before that section 390 and subsection (8) applies as a consequence.

Coming into Force

470. Sections 365 to 466, and the provisions of any Act as they are enacted by this Division, come into force on a day or days to be fixed by order of the Governor in Council.

Division 19

Supreme Court Act

471. The Supreme Court Act is amended by adding the following after section 5:

5.1 For greater certainty, for the purpose of section 5, a person may be appointed a judge if, at any time, they were a barrister or advocate of at least 10 years standing at the bar of a province.

472. The Act is amended by adding the following after section 6:

6.1 For greater certainty, for the purpose of section 6, a judge is from among the advocates of the Province of Quebec if, at any time, they were an advocate of at least 10 years standing at the bar of that Province.