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Bill C-25

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TABLE OF PROVISIONS

AN ACT TO MODERNIZE EMPLOYMENT AND LABOUR RELATIONS IN THE PUBLIC SERVICE AND TO AMEND THE FINANCIAL ADMINISTRATION ACT AND THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

1. Short title

PART 1

PUBLIC SERVICE LABOUR RELATIONS ACT

2. Enactment of Act

AN ACT RESPECTING LABOUR RELATIONS IN THE PUBLIC SERVICE

Preamble

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

3. Descriptive cross-references

PART 1

LABOUR RELATIONS

Interpretation
4. Definitions

DIVISION 1

EMPLOYEE FREEDOMS

5. Employee freedoms

DIVISION 2

MANAGEMENT RIGHTS

6. Right of Treasury Board preserved

7. Right of employer preserved

DIVISION 3

CONSULTATION COMMITTEES AND CO-DEVELOPMENT

8. Consultation committee

9. Meaning of ``co-development of workplace improvements''

10. Co-development of workplace improvements

11. National Joint Council

DIVISION 4

PUBLIC SERVICE LABOUR RELATIONS BOARD

Establishment and Composition

12. Board established

Mandate

13. Mandate

14. Adjudication services

15. Mediation services

16. Compensation analysis and research services

17. National Joint Council

Appointment of Members

18. Qualifications

19. Appointments of other members from list

20. Full or part-time members

21. Residence of full-time members

22. Tenure

Remuneration

23. Remuneration

Application of Acts

24. Application of Public Service Superannuation Act

25. Application of other Acts

Head Office and Meetings

26. Head office

27. Time and place of meetings

28. Quorum

29. Attendance of part-time members at meetings

30. Decision of majority

Panels

31. Composition

32. Powers, rights and privileges

33. Chairperson of the panel

34. Death or incapacity of member

35. Decision of panel

Powers and Functions of the Board

36. Powers and functions of the Board

37. Provision of assistance to parties

38. Delegation by Board

39. Authority to make regulations

40. Powers of Board

41. Determination without oral hearing

42. Scope of orders

43. Review of orders and decisions

Chairperson

44. Chief executive officer

45. Delegation by Chairperson

46. Absence of Chairperson

Human Resources

47. Responsibility for human resources management

48. Executive Director of Board

49. Other persons

50. Experts and advisers

Judicial Review and Enforcement of Orders

51. Orders not to be reviewed by court

52. Filing of Board's orders in Federal Court

Advisory Board

53. Minister to establish

DIVISION 5

BARGAINING RIGHTS

Certification of Bargaining Agents

54. Right to apply

55. Agreements for term of two years or less

56. Continuation of terms and conditions

57. Determination of unit

58. Determination of questions of membership in bargaining units

59. Application

60. Copy to employee organization

61. Objection

62. Decision on objection

63. When no objection filed

64. Conditions for certification

65. Representation vote

66. Employer participation

67. Effect of certification

68. Termination of existing collective agreement or arbitral award

69. Rights of previous or new bargaining agent

Changes to Certification

70. Review of structure of bargaining units

71. Application

72. Copy to bargaining agent

73. Objection

74. Decision on objection

75. When no objection filed

76. Membership dues

77. Application for revocation of order

78. Decision

Successor Rights and Obligations

79. Mergers, amalgamations and transfers of jurisdiction

80. Definitions

81. Continuation of collective agreement or arbitral award

82. Parties may amend

83. Application for certification

84. Power of Board

85. Application for leave to give notice to bargain collectively

86. Application for leave to give notice to bargain collectively

87. Notice to bargain given before conversion

88. Duty to observe terms and conditions

89. Application and notice to bargain

90. Inquiry and votes

91. Consideration of employer's classification

92. Determination of questions of membership in bargaining units

93. Employer participation

Revocation of Certification

94. When employee organization no longer represents employees

95. Taking of representation vote

96. Revocation of certification

97. Certification obtained by fraud

98. Employer participation or discrimination

99. Abandonment of certification

100. Council of employee organizations

101. Effect of revocation

102. Direction

DIVISION 6

CHOICE OF PROCESS FOR DISPUTE RESOLUTION

103. Choice of process

104. Change of process

DIVISION 7

COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS

Negotiation of Collective Agreements

105. Notice to bargain collectively

106. Duty to bargain in good faith

107. Duty to observe terms and conditions

108. Appointment of mediator

109. Negotiation of single collective agreement

110. Two-tier bargaining

Collective Agreements

111. Authority of Treasury Board

112. Authority of separate agency

113. Collective agreement not to require legislative implementation

114. Agreement is binding

115. When agreement has effect

116. Minimum duration

117. Duty to implement provisions of the collective agreement

118. Parties may amend

DIVISION 8

ESSENTIAL SERVICES

119. Application of Division

120. Employer determines levels of service

121. Proportion of duties may vary during strike

122. Obligation to negotiate

123. Application to the Board

124. Coming into force of agreement

125. Duration

126. Notice to negotiate amendment

127. Application to Board

128. Coming into force of amendment

129. Replacement positions

130. Notification of employees

131. Emergency application

132. Duty to observe terms and conditions

133. Extension of time

134. Filing of essential services agreement

DIVISION 9

ARBITRATION

Application of Division

135. Application

Request for Arbitration

136. Request for arbitration

Establishment of Arbitration Board

137. Establishment

138. Constitution

139. Board with single member

140. Board with three members

141. Eligibility

142. Notification of establishment

143. Death, incapacity or resignation of single member

Referral to Arbitration

144. Referral to arbitration

Duty and Powers

145. Assistance to parties

146. Procedure

147. Powers

148. Factors to be considered

Making of Arbitral Award

149. Making of arbitral award

150. Award not to require legislative implementation

151. Decision of majority

152. Form of award

153. Copy sent to parties

Duration and Operation of Arbitral Award

154. Binding effect

155. When arbitral award has effect

156. Term of arbitral award

Implementation

157. Duty to implement provisions of the arbitral award

Matters Not Dealt With

158. Reference of matters not dealt with

Amendment

159. Amendment

DIVISION 10

CONCILIATION

Application of Division

160. Application

Request for Conciliation

161. Request for conciliation

Establishment of Public Interest Commission

162. Recommendation to establish

163. Chairperson's initiative

164. Constitution

165. List

166. Commission with single member

167. Commission with three members

168. Eligibility

169. Notification of establishment

170. Death, incapacity or resignation of single member

171. Delivery of notice

Powers and Functions

172. Assistance to parties

173. Procedure

174. Powers

175. Factors to be considered

Report

176. Report to Chairperson

177. Report not to require legislative implementation

178. Findings and recommendations of majority

179. Reconsideration of matters contained in report

180. Copy of report to be sent to parties

181. Agreement to be bound

Alternate Dispute Resolution Process

182. Alternate dispute resolution process

Vote on Employer's Offer

183. Minister may order vote to be held

DIVISION 11

STRIKE VOTES

184. Secret ballot vote

DIVISION 12

UNFAIR LABOUR PRACTICES

185. Meaning of ``unfair labour practice''

186. Unfair labour practices - employer

187. Unfair representation by bargaining agent

188. Unfair labour practices - employee organizations

189. Unfair labour practices - persons

DIVISION 13

COMPLAINTS

190. Complaints

191. Duty and power of the Board

192. Orders

DIVISION 14

PROHIBITIONS AND ENFORCEMENT

Acts of Officers and Representatives of Employee Organizations

193. Acts deemed to be those of employee organization

Prohibitions Relating to Strikes

194. Declaration or authorization of strike prohibited

195. Non-employees

196. Participation prohibited

197. Right to strike limited during period between Parliaments

Declarations and Orders Relating to Strikes

198. Application for declaration that conduct is unlawful

Prohibition Relating to Essential Services

199. Obstruction

Offences and Punishment

200. Persons

201. Employees

202. Employee organizations

203. Officers and representatives of employee organizations

204. Employer

205. Consent to prosecution

PART 2

GRIEVANCES

Interpretation
206. Definitions

Conflict Management
207. Informal conflict management system

Individual Grievances
Presentation

208. Right of employee

Reference to Adjudication

209. Reference to adjudication

210. Notice to Canadian Human Rights Commission

211. Exception

Representation

212. Right to be represented by employee organization

213. Right to be represented by employee organization

Binding Effect

214. Binding effect

Group Grievances
Presentation

215. Right of bargaining agent

Reference to Adjudication

216. Reference to adjudication

217. Notice to Canadian Human Rights Commission

Withdrawal from Group Grievance

218. Right of employee to withdraw

219. Effect of notice

Policy Grievances
Presentation

220. Right of employer and bargaining agent

Reference to Adjudication

221. Reference to adjudication

222. Notice to Canadian Human Rights Commission

Adjudication
Referral by Chairperson

223. Notice

Board of Adjudication

224. Constitution

Jurisdiction

225. Compliance with procedures

Powers

226. Powers

227. Determination without oral hearing

Decision of Adjudicator

228. Hearing of grievance

229. Decision requiring amendment

230. Determination of reasonableness of opinion

231. Determination of consent requirement

232. Decision in respect of a policy grievance

233. Decisions not to be reviewed by court

234. Filing of order in Federal Court

Expenses of Adjudication

235. Aggrieved employee not represented by agent

No Right of Action
236. Disputes relating to employment

Regulations
237. Regulations

238. Regulations

PART 3

OCCUPATIONAL HEALTH AND SAFETY

Interpretation
239. Meaning of public service

Part II of Canada Labour Code
240. Application to public service

PART 4

GENERAL

Defects in Proceedings
241. Defect in form or irregularity

Restriction on Admissibility of Evidence
242. Admissibility

Protection
243. Evidence respecting information obtained

244. No disclosure of notes and drafts

245. Criminal or civil proceedings

Oaths and Solemn Affirmations
246. Oath or solemn affirmation

Remuneration and Expenses
247. Remuneration and expenses

Witness Fees
248. Payment of witness fees

Provision of Facilities and Human Resources
249. Facilities and human resources

Application of Safety or Security Provisions
250. Application of safety or security provisions

Annual Report
251. Obligation to prepare

Seven-year Review
252. Review

PART 2

AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT

3-11. Financial Administration Act

PART 3

PUBLIC SERVICE EMPLOYMENT ACT

DIVISION 1

ENACTMENT OF ACT

12. Enactment of Act

AN ACT RESPECTING EMPLOYMENT IN THE PUBLIC SERVICE

Preamble

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

3. Descriptive cross-references

PART 1

PUBLIC SERVICE COMMISSION, DEPUTY HEADS AND EMPLOYER

Commission
4. Commission continued

5. Salaries

6. President

7. Quorum

8. Head office

9. Human resources

10. Experts and advisers

Mandate and Functions of Commission
11. Mandate

12. Functions assigned by Governor in Council

13. Delegation to Commissioners and employees

14. Consultation by Commission

Delegation by Commission to Deputy Heads
15. Exercise of powers and functions by deputy heads

16. Compliance with appointment policies

Commission Audits
17. Audits by Commission

18. Powers of Commission

19. Persons acting for Commission

Exclusions from this Act
20. Exclusion of positions and persons

21. Regulations of Governor in Council

Regulations of Commission
22. General regulatory power

Annual Report - Commission
23. Preparation of report

Deputy Heads
24. Delegation by deputy head

25. Acting deputy head

Regulations and Policies of Employer
26. Regulations of Treasury Board

27. Consultation by employer

Annual Report - Treasury Board
28. President of Treasury Board

PART 2

APPOINTMENTS

Authority to Appoint
29. Commission's exclusive authority

Basis of Appointment
30. Appointment on basis of merit

31. Qualification standards

32. Professional development programs

33. Appointment processes

34. Area of selection

35. Mobility - separate agencies

36. Assessment methods

37. Language of examination

38. Exceptions to merit

Preferences, Priorities and Entitlements
39. Preference to veterans and Canadian citizens

40. Priority - surplus employees

41. Priority - persons on leave

42. Failure to appoint person on leave

43. Non-application of priority provisions

44. Participation in advertised process - lay-offs

45. Non-application to term employees

46. Deemed lay-off

Informal Discussion and Appointment
47. Informal discussion with employee

48. Person being considered for appointment

49. Finality of appointments

Casual Employment
50. Appointment

PART 3

DEPLOYMENTS

51. Authority of deputy heads to deploy

52. Previous position

53. Deployment not an appointment

PART 4

EMPLOYMENT

54. Oath or affirmation

55. Effective date of appointment or deployment

56. Effective date of appointment

57. Indeterminate employment

58. Term appointment or deployment

59. Conversion to indeterminate

60. Rate of pay on appointment

61. Probationary period

62. Termination of employment

63. Resignation

64. Laying off of employees

65. Complaint to Tribunal re lay-off

PART 5

INVESTIGATIONS AND COMPLAINTS RELATING TO APPOINTMENTS

Investigation of Appointments by Commission
66. External appointments

67. Internal appointments - no delegation

68. Political influence

69. Fraud

70. Powers of Commission

71. Persons acting for Commission

72. Right to make submissions

73. Re-appointment following revocation

Complaints to Tribunal - Revocation of Appointment
74. Complaint

75. Right to be heard

76. Revocation set aside

Complaints to Tribunal - Internal Appointments
77. Grounds of complaint

78. Notice to Canadian Human Rights Commission

79. Right to be heard

80. Application of Canadian Human Rights Act

81. Corrective action when complaint upheld

82. Restrictions

83. Failure of corrective action

84. Powers of Tribunal

85. Right to be heard

86. Appointment to other position

87. Where no right to complain

PART 6

PUBLIC SERVICE STAFFING TRIBUNAL

Composition and Mandate
88. Tribunal continued

89. Tenure

90. Temporary members

91. Carrying out functions

92. Remuneration

93. Offices

94. Chief executive officer

95. Human resources

96. Political activities

Complaint Procedure
97. Mediation services

98. Hearing by single member

99. Powers of Tribunal

100. Former member continuing to act

101. Copy of decision provided

102. Decisions final

103. Filing of order in Federal Court

General
104. Members not compellable as witnesses

105. Notes and drafts not to be disclosed

106. Immunity from proceedings

107. Oath or affirmation

108. Payment of witness fees

Regulations and Report
109. Regulations of Tribunal

110. Annual report

PART 7

POLITICAL ACTIVITIES

Interpretation
111. Definitions

Purpose of Part
112. Purpose

Employees
113. Permitted activities

114. Candidacy in federal, provincial or territorial elections

115. Candidacy in municipal elections

116. Notice

Deputy Heads
117. Political activities

Allegations
118. Investigation and corrective action - employees

119. Investigation and dismissal - deputy head

120. Powers under Inquiries Act

121. Persons acting for Commission

122. Right to be heard

PART 8

GENERAL

Application of Act
123. Regulations of Governor in Council

124. Application of regulations

Head of Public Service
125. Appointment by Governor in Council

126. Clerk of Privy Council

127. Report of head of the public service

Ministerial Staff
128. Ministerial staff

129. Regulations

Public Officials
130. Appointments by Governor in Council

Diplomatic Personnel
131. Diplomatic appointments

Block Transfers
132. Transfer of employees

Offence
133. Fraud

Oaths and Affirmations
134. Authority to administer

Access to Facilities and Information
135. Access by Commission

Seven-Year Review
136. Review

13. Schedule to the Public Service Employment Act

DIVISION 2

AMENDMENTS TO THE PUBLIC SERVICE EMPLOYMENT ACT

14-20. Public Service Employment Act

PART 4

AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT

21-35. Canadian Centre for Management Development Act

PART 5

TRANSITIONAL

DIVISION 1

TRANSITIONAL PROVISIONS ARISING FROM THE ENACTMENT OF THE PUBLIC SERVICE LABOUR RELATIONS ACT IN
PART 1

Interpretation
36. Definitions

Public Service Staff Relations Board

37. Certain members continue

38. Deputy Chairpersons

39. Transfer of proceedings

40. Fees and expenses

41. Limitation period

42. Secretary of former Board

43. Rights and obligations transferred

44. References

45. Transfer of appropriations

46. Continuation of legal proceedings

47. Decisions, etc., continued

Bargaining Agents and Bargaining Units

48. Certification continued

49. Legal officers

Managerial or Confidential Position

50. Certain positions continued

Choice of Process for Dispute Resolution

51. Process for resolution of disputes

Collective Agreements and Arbitral Awards

52. Collective agreements

53. Arbitral awards

Conciliators and Fact Finders

54. Conciliators

55. Fact finders

Alternate Dispute Resolution Process

56. Section 61 of the former Act

Arbitration

57. Arbitration

Designations, Conciliation and Prohibitions

58. Provisions of former Act apply

Complaints

59. Complaints referred to in par. 23(1)(b) of former Act

60. Complaints referred to in par. 23(1)(c) of former Act

Grievances

61. Former Act applies

62. Fees and expenses

63. Limitation period

64. Events giving rise to individual grievances

65. Events giving rise to policy grievances

66. Former adjudication orders

DIVISION 2

TRANSITIONAL PROVISION ARISING FROM THE AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT IN PART 2

67. Deemed designated portions

DIVISION 3

TRANSITIONAL PROVISIONS ARISING FROM PART 3

68. Definitions

Subdivision a

Transitional Provisions Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3

69. Priorities

70. Pending competitions and appointments

71. Eligibility lists

72. Pending appeals

73. Pending deployment recourse

74. Audits

75. Notice of lay-off

76. Employees on probation

Subdivision b

Transitional Provisions Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3

77. Cessation of office

78. Policies, delegation instruments, etc.

79. Status of Commission employees

80. Rights and obligations transferred

81. References

82. Transfer of appropriations

83. Continuation of legal proceedings

84. Inquiry

DIVISION 4

TRANSITIONAL PROVISIONS ARISING FROM THE AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT IN PART 4

85. References

86. Transitional - governors

87. Transitional - employees

PART 6

CONSEQUENTIAL AMENDMENTS

DIVISION 1

CONSEQUENTIAL AMENDMENTS ARISING FROM THE ENACTMENT OF THE PUBLIC SERVICE LABOUR RELATIONS ACT IN PART 1 AND THE AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT IN PART 2

88. Access to Information Act

89. Aeronautics Act

90-92. Auditor General Act

93-94. Bank of Canada Act

95-99. Canada Customs and Revenue Agency Act

100-103. Canada Elections Act

104-105. Canada Evidence Act

106. Canada Grain Act

107-112. Canada Labour Code

113-114. Canada Marine Act

115-116. Canada Mortgage and Housing Corporation Act

117-121. Canada-Newfoundland Atlantic Accord Implementation Act

122-126. Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

127-128. Canada Oil and Gas Operations Act

129-130. Canada Pension Plan

131. Canada Petroleum Resources Act

132-133. Canada School of Public Service Act

134. Canadian Commercial Corporation Act

135. Canadian Food Inspection Agency Act

136. Canadian Forces Superannuation Act

137. Canadian Human Rights Act

138-141. Canadian Institutes of Health Research Act

142. Canadian Payments Act

143-146. Canadian Security Intelligence Service Act

147. Canadian Space Agency Act

148. Children's Special Allowances Act

149. Citizenship Act

150-151. Civil Air Navigation Services Commercialization Act

152-153. Cooperative Energy Act

154. Copyright Act

155. Corrections and Conditional Release Act

156-157. Courts Administration Service Act

158-159. Defence Production Act

160. Department of Human Resources Development Act

161. Department of Veterans Affairs Act

162. Diplomatic Service (Special) Superannuation Act

163-165. Employment Equity Act

166. Farm Products Agencies Act

167. Federal Court Act

168. Financial Administration Act

169-170. Financial Consumer Agency of Canada Act

171. Hazardous Materials Information Review Act

172-173. Immigration and Refugee Protection Act

174. Inquiries Act

175. National Film Act

176. Non-smokers' Health Act

177. Office of the Superintendent of Financial Institutions Act

178-179. Old Age Security Act

180-181. Parks Canada Agency Act

182-187. Parliamentary Employment and Staff Relations Act

188. Pension Act

189. Privacy Act

190-191. Proceeds of Crime (Money Laundering) and Terrorist Financing Act

192-206. Public Service Employment Act

207-208. Public Service Rearrangement and Transfer of Duties Act

209-214. Public Service Superannuation Act

215. Publication of Statutes Act

216-217. Royal Canadian Mounted Police Act

218. Royal Canadian Mounted Police Superannuation Act

219. Saguenay-St. Lawrence Marine Park Act

220-221. Status of the Artist Act

222. War Veterans Allowance Act

Terminology Changes
223. Replacement of ``Public Service Staff Relations Act''

224. Replacement of ``public service of Canada''

225-226. Replacement of ``Public Service''

DIVISION 2

CONSEQUENTIAL AMENDMENTS ARISING FROM PART 3

Subdivision a

Consequential Amendments Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3

227-228. Auditor General Act

229-230. Canada Customs and Revenue Agency Act

231. Canada-Newfoundland Atlantic Accord Implementation Act

232. Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

233. Canadian Institutes of Health Research Act

234. Canadian Security Intelligence Service Act

235. Canadian Space Agency Act

236-238. Employment Equity Act

239. Financial Administration Act

240. National Film Act

241. Parks Canada Agency Act

242. Proceeds of Crime (Money Laundering) and Terrorist Financing Act

243. Public Service Labour Relations Act

244. Referendum Act

245. Veterans Benefit Act

Subdivision b

Consequential Amendments Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3

246. Access to Information Act

247. Financial Administration Act

248. Privacy Act

249. Public Service Staff Relations Act

250. Public Service Superannuation Act

DIVISION 3

CONSEQUENTIAL AMENDMENTS ARISING FROM THE AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT IN PART 4

251-252. Access to Information Act

253-254. Financial Administration Act

255-256. Privacy Act

257-258. Public Service Staff Relations Act

259-260. Public Service Superannuation Act

261. Revolving Funds Act

PART 7

COORDINATING AMENDMENTS

262-263. Public Service Modernization Act

264-268. Financial Administration Act

269-270. Public Service Employment Act

271-272. Public Service Employment Act

273-275. Public Service Labour Relations Act

276. Yukon Act

277. Bill C-2

278. Bill C-6

279. Bill C-12

280. Bill C-13

281. Bill C-17

282. Bill C-18

283. Bill C-19

PART 8

REPEALS

284-285. Repeals

PART 9

COMING INTO FORCE

286. Coming into force

SCHEDULES 1 AND 2