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Bill C-25

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	(c) requiring the employer or bargaining agent, as the case may be, to interpret, apply or administer the collective agreement or arbitral award in a specified manner.
Decisions not to be reviewed by court	233. (1) Every decision of an adjudicator is final and may not be questioned or reviewed in any court.
No review by certiorari, etc.	(2) No order may be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an adjudicator in any of the adjudicator's proceedings under this Part.
Filing of order in Federal Court	234. For the purpose of enforcing an adjudicator's order, any person who was a party to the proceedings that resulted in the order being made may, after the day provided in the order for compliance or, if no such day is provided for, after 30 days have elapsed since the day the order was made, file in the Federal Court a copy of the order that is certified to be a true copy, and an order so filed becomes an order of that Court and may be enforced as such.
	Expenses of Adjudication
Aggrieved employee not represented by agent	235. (1) If an aggrieved employee is not represented in the adjudication by a bargaining agent, the costs of the adjudication are to be borne by the Board.
Aggrieved employee represented by agent	(2) If an aggrieved employee is represented in the adjudication by a bargaining agent, the bargaining agent is liable to pay and must remit to the Board any part of the costs of the adjudication that may be determined by the Executive Director of the Board with the approval of the Board.
Recovery	(3) Any amount that by subsection (2) is payable to the Board 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.
	No Right of Action
Disputes relating to employment	236. (1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute.
Application	(2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication.
Exception	(3) Subsection (1) does not apply in respect of an employee of a separate agency that has not been designated under subsection 209(3) if the dispute relates to his or her termination of employment for any reason that does not relate to a breach of discipline or misconduct.
	Regulations
Regulations	237. (1) The Board may make regulations respecting the processes for dealing with grievances, including regulations concerning
	(a) the manner and form of presenting a grievance and, in the case of group grievances, the form of the consent of the employees concerned;
	(b) the maximum number of levels in each grievance process;
	(c) the manner in which employees are to be advised of the names of the persons whose decision on a grievance constitutes a level in the grievance process, including the final level;
	(d) the time within which a grievance may be presented at any level in a grievance process;
	(e) the circumstances in which any level below the final level in a grievance process may be eliminated;
	(f) the manner in which and the time within which a grievance may be referred to adjudication after it has been presented up to and including the final level in the grievance process;
	(g) the establishment of rules of procedure for the hearing of a grievance;
	(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, and when the notices are deemed to have been sent, given or received; and
	(i) the manner of giving notice of an issue to the Canadian Human Rights Commission under this Part.
Application of regulations	(2) Regulations made under subsection (1) respecting individual, group or policy grievances do not apply in respect of employees included in a bargaining unit for which a bargaining agent has been certified by the Board to the extent that the regulations are inconsistent with any provisions contained in a collective agreement entered into by the bargaining agent and the employer applicable to those employees.
Regulations	238. The Board may make regulations respecting
	(a) the manner of giving notice under subsection 223(1) and the time for making objections under paragraph 223(2)(c); and
	(b) the manner in which and the time within which boards of adjudication are to be established.
	PART 3
	OCCUPATIONAL HEALTH AND SAFETY
	Interpretation
Meaning of public service	239. In this Part, ``public service'' has the same meaning as in subsection 11(1) of the Financial Administration Act.
	Part II of Canada Labour Code
Application to public service	240. Part II of the Canada Labour Code applies to and in respect of the public service and persons employed in it as if the public service were a federal work, undertaking or business referred to in that Part except that, for the purpose of that application,
	(a) any reference in that Part to
	(i) ``arbitration'' is to be read as a reference to adjudication under Part 2,
	(ii) the ``Board'' is to be read as a reference to the Public Service Labour Relations Board,
	(iii) a ``collective agreement'' is to be read as a reference to a collective agreement within the meaning of subsection 2(1),
	(iv) ``employee'' is to be read as a reference to a person employed in the public service, and
	(v) a ``trade union'' is to be read as a reference to an employee organization within the meaning of subsection 2(1);
	(b) section 156 of that Act does not apply in respect of the Public Service Labour Relations Board; and
	(c) the provisions of this Act apply, with any modifications that the circumstances require, in respect of matters brought before the Public Service Labour Relations Board.
	PART 4
	GENERAL
	Defects in Proceedings
Defect in form or irregularity	241. (1) No proceeding under this Act is invalid by reason only of a defect in form or a technical irregularity.
Grievance process	(2) The failure to present a grievance at all required levels in accordance with the applicable grievance process is not a defect in form or a technical irregularity for the purposes of subsection (1).
	Restriction on Admissibility of Evidence
Admissibility	242. Except in the case of a prosecution for perjury,
	(a) testimony or proceedings before an arbitration board are not admissible in evidence in any court in Canada; and
	(b) reports of a public interest commission, and testimony or proceedings before a public interest commission, are not admissible in evidence in any court in Canada.
	Protection
Evidence respecting information obtained	243. Members of the Board, members of arbitration boards, members of public interest commissions, mediators, adjudicators, persons seized of referrals under subsection 182(1), persons employed by the Board and persons engaged under subsection 50(1) are not required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of functions under this Act.
No disclosure of notes and drafts	244. The following may not be disclosed without the consent of the person who made them:
	(a) notes or draft orders or decisions of the Board or any of its members or of an adjudicator;
	(b) notes or draft reports of a mediator, a public interest commission or a person authorized or designated by the Board to assist in resolving a complaint or issue in dispute before the Board; and
	(c) notes or a draft arbitral award of an arbitration board.
Criminal or civil proceedings	245. No criminal or civil proceedings lie against a member of the Board, a member of an arbitration board, a member of a public interest commission, a mediator, an adjudicator, a person seized of a referral under subsection 182(1), a person employed by the Board or a person engaged under subsection 50(1) for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function under this Act.
	Oaths and Solemn Affirmations
Oath or solemn affirmation	246. Before commencing his or her functions, a person appointed under this Act must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:
	I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of .....................
	Remuneration and Expenses
Remuneration and expenses	247. (1) Members of arbitration boards, mediators, adjudicators, persons appointed under subsection 53(2) and persons seized of referrals under subsection 182(1) are entitled to be paid the remuneration and expenses that may be fixed by the Governor in Council.
Remuneration and expenses	(2) Members of public interest commissions are entitled to be paid the remuneration and expenses that may be fixed by the Minister.
Party to pay	(3) If a public interest commission consists of three members, the remuneration and expenses to be paid to the member of the commission nominated, or deemed to be nominated, by a party is to be paid by that party.
	Witness Fees
Payment of witness fees	248. A person who is summoned by the Board, an arbitration board, a public interest commission or an adjudicator to attend as a witness at any proceeding under this Act is entitled to receive fees and allowances for so attending equal to those to which the person would be entitled if summoned to attend before the Federal Court.
	Provision of Facilities and Human Resources
Facilities and human resources	249. The Board must provide members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) with the facilities and human resources that it considers necessary to enable them to carry out their functions under this Act.
	Application of Safety or Security Provisions
Application of safety or security provisions	250. (1) Nothing in this Act or any other Act is to be construed as requiring the employer to do or refrain from doing anything that is contrary to any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or of any state allied or associated with Canada.
Order is conclusive proof	(2) For the purposes of subsection (1), an order made by the Governor in Council is conclusive proof of the matters stated in it in relation to the giving or making of any instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
	Annual Report
Obligation to prepare	251. (1) As soon as possible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on the administration of this Act during the year.
Tabling in Parliament	(2) The Minister must cause the report to be tabled in each House of Parliament within the first 15 days on which that House is sitting after he or she receives it.