His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “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”.

This enactment amends the Public Service Labour Relations Act to provide for a labour relations regime for members of the Royal Canadian Mounted Police and reservists. It provides a process for an employee organization to acquire collective bargaining rights for members and reservists and includes provisions that regulate collective bargaining, arbitration, unfair labour practices and grievances. It also amends the Royal Canadian Mounted Police Act to bar grievances related to the interpretation and application of a collective agreement or arbitral award, which are to be filed in accordance with the Public Service Labour Relations Act.

It changes the title of the Public Service Labour Relations Act and the Public Service Labour Relations and Employment Board Act and the name of the Public Service Labour Relations and Employment Board. It also amends that latter Act to increase the maximum number of full-time members of the Board and to require the Chairperson, when making recommendations for appointment, to take into account the need for two members with knowledge of police organizations.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

An Act respecting labour relations in the federal public sector

Short title

1 This Act may be cited as the Federal Public Sector Labour Relations Act.

Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act.‍ (Commission)

council of employee organizations means a council formed by two or more employee organizations within the meaning of paragraph (a) of the definition employee organization or by two or more employee organizations within the meaning of paragraph (b) of that definition.  (regroupement d’organisations syndicales)

employee organization means

• (a) in respect of employees who are not RCMP members or reservists, an organization of employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1 and 2; and

• (b) in respect of employees who are RCMP members or reservists, an organization of those employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1, 2 and 2.‍1.‍ (organisation syndicale)

• (d) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

National Joint Council means the National Joint Council whose establishment was authorized by Order in Council P.‍C. 3676, dated May 16, 1944.‍ (Conseil national mixte)

RCMP member, except in Division 2 of Part 2.‍1, means a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who is appointed to a rank.‍ (membre de la GRC)

reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act.‍ (réserviste)

Casual employment

(4) For the purposes of paragraph (f) of the definition employee in subsection (1) and paragraph (e) of the definition employee in subsection 206(1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right to make appointments is employed on a casual basis if the person was appointed under section 50 of the Public Service Employment Act.

Reference to employee organization

(6) Unless the context otherwise requires, a reference to an employee organization includes a reference to a council of employee organizations, and a reference to an employee organization within the meaning of paragraph (a) or (b), as the case may be, of the definition employee organization in subsection 2(1) includes a reference to a council formed by two or more employee organizations within the meaning of that paragraph.

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.

• (m) any other matter that is incidental or conducive to the attainment of the objects of this Part or Division 1 of Part 2.‍1.

Right to apply

54 Subject to section 55, an employee organization within the meaning of paragraph (a) of the definition employee organization in subsection 2(1) that seeks to be certified as bargaining agent for a group of employees that it considers constitutes a unit that is appropriate for collective bargaining may apply to the Board, in accord-ance with the regulations, for certification as bargaining agent for the proposed bargaining unit. The Board must notify the employer of the application without delay.

Continuation of terms and conditions

56 After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.‍1, the employer is not authorized, except under a collective agreement or with the consent of the Board, to alter the terms and conditions of employment that are applicable to the employees in the proposed bargaining unit and that may be included in a collective agreement until

Application

59 (1) After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.‍1, the employer may apply to the Board for an order declaring that any position of an employee in the proposed bargaining unit is a managerial or confidential position on the grounds that

• (e) the occupant of the position has substantial management duties, responsibilities and authority over employees or has duties and responsibilities dealing formally on behalf of the employer with grievances presented in accordance with the grievance process provided for under Part 2 or Division 2 of Part 2.‍1;

Duty to certify employee organization

64 (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a proposed bargaining unit who have cast a ballot have voted to have the applicant employee organization represent them as their bargaining agent, the Board must, subject to this Part and Division 1 of Part 2.‍1, certify the employee organization as the bargaining agent for the unit.

Limitation

(3) Despite subsection (1), the Board is not permitted to review the structure of the bargaining unit determined under section 238.‍14.

Board to determine questions

(2) If any question arises in respect of the merger, amalgamation or transfer of jurisdiction concerning the rights, privileges and duties of an employee organization under this Part or Division 1 of Part 2.‍1 or under a collective agreement or an arbitral award in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained.

Additional circumstances

(2) The circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 99 and section 238.‍17.

Determination of rights of bargaining agent

(2) If the certification of an employee organization is revoked by the Board under section 96, any of sections 98 to 100 or section 238.‍17, the Board must, on application by the employee organization or any employee organization that is substituted in the place of a bargaining agent under paragraph 67(c), determine any question as to any right or duty of the employee organization or of the substituted employee organization.

Collective agreement not to require legislative implementation

113 A collective agreement that applies to a bargaining unit — other than a bargaining unit determined under section 238.‍14 — must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if

Agreement is binding

114 Subject to and for the purposes of this Part and Division 1 of Part 2.‍1, a collective agreement is binding on the employer, the bargaining agent and every employee in the bargaining unit on and after the day on which it has effect. To the extent that the collective agreement deals with matters referred to in section 12 of the Financial Administration Act, the collective agreement is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit.

Referral to arbitration

144 (1) Subject to sections 150 and 238.‍22, after establishing the arbitration board, the Chairperson must without delay refer the matters in dispute to the board.

Award not to require legislative implementation

150 (1) An arbitral award that applies to a bargaining unit — other than a bargaining unit determined under section 238.‍14 — must not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if

Binding effect

154 Subject to and for the purposes of this Part and Division 1 of Part 2.‍1, as of the day on which it is made, the arbitral award binds the employer and the bargaining agent that are parties to it and the employees in the bargaining unit in respect of which the bargaining agent has been certified. To the extent that it deals with matters referred to in section 12 of the Financial Administration Act, the arbitral award is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit.

Review

158.‍1 (1) Within seven days after the day on which an arbitral award is made, the Chairperson may direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 and, if applicable, the factor referred to in section 238.‍21, based on a full consideration of the written submissions provided to the arbitration board.

Review — application

(2) On application by either party to an arbitral award, made within seven days after the day on which the arbitral award is made, the Chairperson may, within seven days after the day on which the application is made, direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 and, if applicable, the factor referred to in section 238.‍21, based on a full consideration of the written submissions provided to the arbitration board.

Unfair labour practices — employer

186 (1) No employer, and, whether or not they are acting on the employer’s behalf, no person who occupies a managerial or confidential position and no person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer, shall

Unfair labour practices — employer

(2) No employer, no person acting on the employer’s behalf, and, whether or not they are acting on the employer’s behalf, no person who occupies a managerial or confidential position and no person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer, shall

• (a) refuse to employ or to continue to employ, or suspend, lay off, discharge for the promotion of economy and efficiency in the Royal Canadian Mounted Police or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment, or intimidate, threaten or otherwise discipline any person, because the person

• (ii) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Part or Part 2 or 2.‍1,

• (iii) has made an application or filed a complaint under this Part or Division 1 of Part 2.‍1 or presented a grievance under Part 2 or Division 2 of Part 2.‍1, or

• (iv) has exercised any right under this Part or Part 2 or 2.‍1;

• (b) impose, or propose the imposition of, any condition on an appointment, or in an employee’s terms and conditions of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Part or Part 2 or 2.‍1; or

• (i) testifying or otherwise participating in a proceeding under this Part or Part 2 or 2.‍1,

• (ii) making a disclosure that the person may be required to make in a proceeding under this Part or Part 2 or 2.‍1, or

• (iii) making an application or filing a complaint under this Part or Division 1 of Part 2.‍1 or presenting a grievance under Part 2 or Division 2 of Part 2.‍1.

• (a) if the employer or person is acting in accordance with this Part or Division 1 of Part 2.‍1, or a regulation, a collective agreement or an arbitral award; or

Exception

(6) The employer or a person does not commit an unfair labour practice under any of paragraphs (1)‍(a) or (b) or (2)‍(a) to (c) by reason only of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position or to a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer.

• (d) expel or suspend an employee from membership in the employee organization, or take disciplinary action against, or impose any form of penalty on, an employee by reason of that employee having exercised any right under this Part or Part 2 or 2.‍1 or having refused to perform an act that is contrary to this Part or Division 1 of Part 2.‍1; or

• (i) testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part or Part 2 or 2.‍1,

• (ii) made an application or filed a complaint under this Part or Division 1 of Part 2.‍1 or presented a grievance under Part 2 or Division 2 of Part 2.‍1, or

• (iii) exercised any right under this Part or Part 2 or 2.‍1.

• (b) to refrain from exercising any other right under this Part or Part 2 or 2.‍1.

Exception

(2) A person does not commit an unfair labour practice referred to in subsection (1) by reason of any act or thing done or omitted in relation to a person who occupies, or who is proposed to occupy, a managerial or confidential position or to a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer.

Refusal to determine complaint involving collective agreement

(2) The Board may refuse to determine a complaint made under subsection 190(1) in respect of a matter that, in the Board’s opinion, could be referred to adjudication under Part 2 or Division 2 of Part 2.‍1 by the complainant.

• (i) employ, continue to employ or permit to return to the duties of their employment any person whom the employer or any person acting on the employer’s behalf has refused to employ or continue to employ, has suspended, transferred, laid off, discharged for the promotion of economy and efficiency in the Royal Canadian Mounted Police or otherwise discriminated against, or discharged contrary to that paragraph,

Prohibition Relating to Counselling

Counselling in respect of peace officer duties

199.‍1 No employee organization and no officer or representative of an employee organization shall counsel any RCMP member or reservist not to carry out their duties as a peace officer.

Employee organization

(3) Every employee organization that contravenes section 199.‍1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

Prosecution of employee organization

(4) A prosecution for an offence under any of subsections (1) to (3) may be brought against an employee organization and in the name of that organization and, for the purposes of the prosecution, the employee organization is deemed to be a person.

Officers and representatives of employee organizations

203 Every officer or representative of an employee organization who contravenes subsection 194(1) or section 199.‍1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

employee means a person employed in the public serv-ice, other than

• (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act;

• (b) a person locally engaged outside Canada;

• (c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work;

• (d) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

• (e) a person employed on a casual basis;

• (f) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more;

• (g) a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who occupies a managerial or confidential position; or

• (h) a person who is employed under a program designated by the employer as a student employment program.‍ (fonctionnaire)

individual grievance means a grievance presented in accordance with section 208 or 238.‍24.‍ (grief individuel)

Reference to adjudication

209 (1) An employee who is not a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act 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

Decision final and binding

214 If an individual grievance has been presented up to and including the final level in the grievance process and it is not one that under section 209 or 238.‍25 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Act and no further action under this Act may be taken on it.

• (h) the specification of the time within which and the persons to whom notices and other documents must be sent or given under this Part or Division 2 of Part 2.‍1, and when the notices are deemed to have been sent, given or received; and

PART 2.‍1 

Provisions Unique to the Royal Canadian Mounted Police

Interpretation

Definition of RCMP Commissioner

238.‍01 (1) In this Part, RCMP Commissioner means the Commissioner of the Royal Canadian Mounted Police.

Definition of RCMP member

(2) In Division 2 of this Part, RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act.

Inconsistency with Part 1 or 2

238.‍02 (1) In the event of an inconsistency between a provision of this Part and a provision of Part 1 or 2, the provision of this Part prevails to the extent of the inconsistency.

Inconsistency — clarification

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

Clarification

(3) For greater certainty,

• (a) the provisions of Part 1, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary; and

• (b) the provisions of Part 2, in so far as they are applicable, apply to employees who are RCMP members, as defined in subsection 238.‍01(2), or reservists unless there is an indication to the contrary.

Employer’s right preserved

238.‍03 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board to determine categories of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act.

Duties preserved

238.‍04 Nothing in this Act is to be construed as affecting any duties of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who are peace officers, or any duties of reservists who are peace officers, including duties imposed under that Act.

Unique Role as Police Organization

Board’s additional duty

238.‍05 In administering this Act and in exercising the powers and performing the duties and functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, with regulations made under it or with decisions made in respect of a matter coming before the Board, the Board must, in matters concerning RCMP members and reservists, take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members and reservists as it sees fit.

DIVISION 1 

Labour Relations

Adjournment of Proceedings

238.‍06 (1) The Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist if the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding.

(2) No adjournment may be for a period of more than 90 days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter.

Law Enforcement, Public Safety and National Security

238.‍07 (1) The RCMP Commissioner may, in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the Board or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security.

(2) If the RCMP Commissioner objects to the disclosure of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the Board and to the parties.

(3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the Board to require that the information be disclosed.

(4) If the RCMP Commissioner objects to the disclosure of information under subsection (1), the Minister must, at the written request of the Board or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.‍08.

(5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation.

(6) The Minister must provide notice to the Board, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The Board, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit.

(7) The former judge is to have access to the information about which an objection is made under subsection (1) for the purposes of the review.

238.‍08 (1) Unless the former judge concludes that the disclosure of the information about which an objection is made under subsection 238.‍07(1) would be injurious to law enforcement, public safety or national security, the former judge must order that the RCMP Commissioner’s objection under section 238.‍07 to the disclosure of that information be dismissed.

(2) If the former judge concludes that the disclosure of all or part of that information would be injurious to law enforcement, public safety or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the former judge, after considering the public interest in disclosure, must order the RCMP Commissioner to disclose to the Board or to the party, as the case may be, all or that part of that information, a summary of that information or a written admission of facts relating to that information.

(3) If the former judge does not make an order under subsection (1) or order disclosure under subsection (2), they must make an order upholding the RCMP Commissioner’s objection to the disclosure.

(4) The order of the former judge must be made within 30 days after the day on which the period referred to in subsection 238.‍07(6) expires or within any longer period, not more than 60 days after the day on which the period referred to in that subsection expires, that the Minister permits.

(5) The former judge must not include in their order any information that reveals information that they conclude must not be disclosed, or any information from which that information may be inferred.

(6) The former judge’s order is final and binding.

(7) The RCMP Commissioner’s objection is not subject to review except to the extent and in the manner provided under this section.

238.‍09 (1) No criminal, civil or administrative action or proceeding lies against a former judge, or any person acting on their behalf or under their direction, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the former judge under sections 238.‍07 and 238.‍08.

(2) The former judge, or any person acting on their behalf or under their direction, is not, in respect of any matter coming to the knowledge of the former judge or that person as a result of exercising a power or performing a duty or function of the former judge, a competent or compellable witness in any proceeding other than a prosecution for an offence under this Act, the Security of Information Act or section 132 or 136 of the Criminal Code.

238.‍1 Information about which an objection is made under subsection 238.‍07(1) that is disclosed by the RCMP Commissioner to the Board or to a party in connection with the matter or proceeding that gave rise to the objection may be used only in connection with that matter or proceeding.

238.‍11 The Chairperson and the RCMP Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting the disclosure of information referred to in subsection 238.‍07(1) and the protection of that information if it is disclosed.

238.‍12 (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.‍07(1) to the Board or to a party in connection with the matter or proceeding that gave rise to the objection, the Board or that party is not to be required, in connection with any other criminal, civil or administrative action or proceeding, to give or produce evidence relating to that information.

(2) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament, other than the Access to Information Act and the Privacy Act.

(3) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.‍3(1) of the Parliament of Canada Act.

Certification of Bargaining Agents

238.‍13 (1) Subject to section 55, an employee organization within the meaning of paragraph (b) of the definition employee organization in subsection 2(1) that seeks to be certified as the bargaining agent for the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists may apply to the Board, in accordance with the regulations, for certification as bargaining agent for that group. The Board must notify the employer of the application without delay.

(2) The Board may certify an employee organization referred to in subsection (1) as the bargaining agent for the group only if it determines that the employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements:

• (a) it has as its primary mandate the representation of employees who are RCMP members;

• (b) it is not affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and

• (c) it is not certified as bargaining agent for any other group of employees.

(3) For greater certainty,

• (a) for the purposes of subsection (2), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and

• (b) no application is permitted to be made under section 54 in respect of employees who are RCMP members or reservists.

238.‍14 If an application for certification is made under subsection 238.‍13(1), the Board must determine that the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists constitutes the single, national bargaining unit that is appropriate for collective bargaining.

238.‍15 An employee organization that is certified as the bargaining agent for the bargaining unit determined under section 238.‍14 is not entitled to seek to be certified as bargaining agent for any other group of employees.

238.‍16 Despite section 58, the Board does not have jurisdiction to determine that an employee who is not an RCMP member or a reservist is included in the bargaining unit determined under section 238.‍14.

Revocation of Certification

238.‍17 (1) The Board must revoke the certification of an employee organization as the bargaining agent for the bargaining unit determined under section 238.‍14 if the Board, on application by the employer or any employee in that bargaining unit, determines that the employee organization — or, in the case of a council of employee organizations, any employee organization forming part of the council — no longer has as its primary mandate the representation of employees who are RCMP members or that it is affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers.

(2) For greater certainty,

• (a) for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and

• (b) the circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 100.

Process for Dispute Resolution

238.‍18 Sections 103 and 104 do not apply to disputes between the employer and the bargaining agent for the bargaining unit determined under section 238.‍14. The process for the resolution of those disputes is arbitration.

Restriction on Content of Collective Agreement

238.‍19 A collective agreement that applies to the bargaining unit determined under section 238.‍14 must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if

• (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition;

• (b) the term or condition is one that has been or may be established under the Royal Canadian Mounted Police Superannuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act; or

• (c) the term or condition relates to

  • (i) law enforcement techniques,

  • (ii) transfers from one position to another and appointments,

  • (iii) appraisals,

  • (iv) probation,

  • (v) discharges or demotions,

  • (vi) conduct, including harassment,

  • (vii) the basic requirements for carrying out the duties of an RCMP member or a reservist, or

  • (viii) the uniform, order of dress, equipment or medals of the Royal Canadian Mounted Police.

Essential Services, Conciliation and Strike Votes

238.‍2 Divisions 8, 10 and 11 of Part 1 do not apply in respect of the bargaining unit determined under section 238.‍14.

Arbitration

238.‍21 In addition to the factors set out in subsection 148(2), the arbitration board may, if relevant to making a determination under subsection 148(1) in regards to a collective agreement that applies to the bargaining unit determined under section 238.‍14, take into account the impact of the determination on the operational effectiveness of the Royal Canadian Mounted Police.

238.‍22 (1) The arbitral award that applies to the bargaining unit determined under section 238.‍14 must not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if

• (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition;

• (b) the term or condition is one that has been or may be established under the Royal Canadian Mounted Police Superannuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act;

• (c) doing so would affect the organization of the public service, the categories of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or the assignment of duties to, and the classification of, positions and persons employed in the public service; or

• (d) the term or condition relates to

  • (i) law enforcement techniques,

  • (ii) transfers from one position to another and appointments,

  • (iii) appraisals,

  • (iv) probation,

  • (v) discharges or demotions,

  • (vi) conduct, including harassment,

  • (vii) the basic requirements for carrying out the duties of an RCMP member or a reservist,

  • (viii) the uniform, order of dress, equipment or medals of the Royal Canadian Mounted Police, or

  • (ix) standards, procedures or processes governing matters referred to in any of subparagraphs (i) to (viii).

(2) For greater certainty, subsection 150(2) applies in respect of the arbitral award.

Regulations

238.‍23 The Governor in Council may make regulations

• (a) prescribing the oath of secrecy referred to in subsection 238.‍07(5); and

• (b) respecting the measures that are to be taken by the Board or a party to protect the information referred to in subsection 238.‍07(1) that the Board or the party has received from the RCMP Commissioner in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, and respecting the disclosure of that information by the Board or the party to other persons or entities.

DIVISION 2 

Grievances

Individual Grievances

238.‍24 Subject to subsections 208(2) 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.

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.

(2) Before referring an individual grievance to adjudication, the employee must obtain the approval of their bargaining agent to represent the employee in the adjudication proceedings.

Adjournment of Proceedings

238.‍26 (1) An adjudicator or the Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, if the adjudicator or the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding.

(2) No adjournment may be for a period of more than 90 days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter.

Law Enforcement, Public Safety and National Security

238.‍27 (1) The RCMP Commissioner may, in connection with any matter or proceeding before an adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the adjudicator or the Board, as the case may be, or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security.

(2) If the RCMP Commissioner objects to the disclosure of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the adjudicator or the Board, as the case may be, and to the parties.

(3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the adjudicator or the Board, as the case may be, to require that the information be disclosed.

(4) If the RCMP Commissioner objects to the disclosure of information under subsection (1), the Minister must, at the written request of the adjudicator or the Board, as the case may be, or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.‍28.

(5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation.

(6) The Minister must provide notice to the adjudicator or the Board, as the case may be, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The adjudicator or the Board, as the case may be, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit.

(7) The former judge is to have access to the information about which an objection is made under subsection (1) for the purposes of the review.

238.‍28 (1) Unless the former judge concludes that the disclosure of the information about which an objection is made under subsection 238.‍27(1) would be injurious to law enforcement, public safety or national security, the former judge must order that the RCMP Commissioner’s objection under section 238.‍27 to the disclosure of that information be dismissed.

(2) If the former judge concludes that the disclosure of all or part of that information would be injurious to law enforcement, public safety or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the former judge, after considering the public interest in disclosure, must order the RCMP Commissioner to disclose to the adjudicator, to the Board or to the party, as the case may be, all or that part of that information, a summary of that information or a written admission of facts relating to that information.

(3) If the former judge does not make an order under subsection (1) or order disclosure under subsection (2), they must make an order upholding the RCMP Commissioner’s objection to the disclosure.

(4) The order of the former judge must be made within 30 days after the day on which the period referred to in subsection 238.‍27(6) expires or within any longer period, not more than 60 days after the day on which the period referred to in that subsection expires, that the Minister permits.

(5) The former judge must not include in their order any information that reveals information that they conclude must not be disclosed, or any information from which that information may be inferred.

(6) The former judge’s order is final and binding.

(7) The RCMP Commissioner’s objection is not subject to review except to the extent and in the manner provided under this section.

238.‍29 (1) No criminal, civil or administrative action or proceeding lies against a former judge, or any person acting on their behalf or under their direction, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the former judge under sections 238.‍27 and 238.‍28.

(2) The former judge, or any person acting on their behalf or under their direction, is not, in respect of any matter coming to the knowledge of the former judge or that person as a result of exercising a power or performing a duty or function of the former judge, a competent or compellable witness in any proceeding other than a prosecution for an offence under this Act, the Security of Information Act or section 132 or 136 of the Criminal Code.

238.‍3 Information about which an objection is made under subsection 238.‍27(1) that is disclosed by the RCMP Commissioner to an adjudicator or the Board, as the case may be, or to a party in connection with the matter or proceeding that gave rise to the objection may be used only in connection with that matter or proceeding. 

238.‍31 The Chairperson and the RCMP Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting the disclosure of information referred to in subsection 238.‍27(1) and the protection of that information if it is disclosed.

238.‍32 (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.‍27(1) to an adjudicator or the Board, as the case may be, or to a party in connection with the matter or proceeding that gave rise to the objection, the adjudicator, the Board or that party is not to be required, in connection with any other criminal, civil or administrative action or proceeding, to give or produce evidence relating to that information.

(2) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament, other than the Access to Information Act and the Privacy Act.

(3) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.‍3(1) of the Parliament of Canada Act.

Unique Role as Police Organization

238.‍33 In considering a grievance that concerns an employee who is an RCMP member or a reservist, the adjudicator or the Board, as the case may be, must take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members and reservists as it sees fit.

Regulations

238.‍34 The Governor in Council may make regulations

• (a) prescribing the oath of secrecy referred to in subsection 238.‍27(5); and

• (b) respecting the measures that are to be taken by an adjudicator or the Board, as the case may be, or a party to protect the information referred to in subsection 238.‍27(1) that the adjudicator, the Board or the party has received from the RCMP Commissioner in connection with any matter or proceeding before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, and respecting the disclosure of that information by the adjudicator, the Board or the party to other persons or entities.

• (i) “arbitration” is to be read as a reference to adjudication under Part 2 or Division 2 of Part 2.‍1,

• (v) a “trade union” is to be read as a reference to an employee organization within the meaning of subsection 2(1) and includes, unless the context otherwise requires, a council of employee organizations within the meaning of that subsection;

An Act respecting the Federal Public Sector Labour Relations and Employment Board

Short title

1 This Act may be cited as the Federal Public Sector Labour Relations and Employment Board Act.

Continuance and Composition

Continuance of Board

4 (1) The Public Service Labour Relations and Employment Board is continued under the name of the Federal Public Sector Labour Relations and Employment Board.

• (c) not more than 12 other members who are to hold office on a full-time basis; and

Knowledge of police organizations

(1.‍1) In preparing the list, the Chairperson must take into account the need for the Board to have two members with knowledge of police organizations.

Member’s right

31 (1) Subject to subsections (1.‍01) to (3), if a member is aggrieved by a decision, act or omission in the administration of the affairs of the Force in respect of which no other process for redress is provided by this Act, the regulations or the Commissioner’s standing orders, the member is entitled to present the grievance in writing at each of the levels, up to and including the final level, in the grievance process provided for by this Part.

Limitation

(1.‍01) A grievance that relates to the interpretation or application, in respect of a member, of a provision of a collective agreement or arbitral award must be presented under the Federal Public Sector Labour Relations Act.

Adjudication of employee grievances

(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 Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act.

• (i) the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act;

• (i) the manner in which deputy heads in the core public administration may deal with grievances under the Federal Public Sector Labour Relations Act to which they are a party, and the manner in which they may deal with them if the grievances are referred to adjudication under subsection 209(1) or 238.‍25(1) of that Act, and

Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act; (Commission)

Application

9 Unless otherwise provided in this Part, the provisions of the Federal Public Sector Labour Relations and Employment Board Act and the Federal Public Sector Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application,

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

Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act.‍ (Commission des relations de travail et de l’emploi)

• (a) the presentation of an individual grievance under subsection 208(1) or section 238.‍24 of the Federal Public Sector Labour Relations Act; or

Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act.‍ (Commission)

Collective agreement

16 The provisions of a collective agreement between an employer and a bargaining agent in relation to equitable compensation may not be inconsistent with sections 113 and 238.‍19 of the Federal Public Sector Labour Relations Act.

Arbitration

17 If arbitration has been chosen under subsection 104(1) of the Federal Public Sector Labour Relations Act as, or is, by reason of subsection 104(2) or section 238.‍18 of that Act, the process for the resolution of dis­putes, questions concerning the provision of equitable compensation to employees may be the subject of a request for arbitration under subsection 136(1) of that Act.

Arbitral award

19 (1) The body seized of a request for arbitration under the Federal Public Sector Labour Relations Act that includes equitable compensation matters shall, subject to sections 150 and 238.‍22 of that Act, make an arbitral award that sets out a plan to resolve those matters within a reasonable time.

Federal Public Sector Labour Relations Regulations

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.

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.

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.

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.

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.

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.

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.

Determination by Chairperson

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

• (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:

  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.

  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 ac-cordance with the Public Sector Equitable Compensation Act.

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.

2003, c. 22, s. 2

Federal Public Sector Labour Relations Act

8 Subsections 64(1) and (1.‍1) of the Federal Public Sector Labour Relations Act are replaced by the following: