Bill C-25
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51-52 ELIZABETH II |
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CHAPTER 22 |
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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
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[Assented to 7th November, 2003]
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| Short title
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1. This Act may be cited as the Public
Service Modernization Act.
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PART 1 |
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PUBLIC SERVICE LABOUR RELATIONS ACT |
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2. The Public Service Labour Relations
Act is enacted as follows:
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An Act respecting labour relations in the
public service
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| Preamble
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Recognizing that
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the public service labour-management
regime must operate in a context where
protection of the public interest is paramount;
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effective labour-management relations
represent a cornerstone of good human
resource management and that collaborative
efforts between the parties, through
communication and sustained dialogue,
improve the ability of the public service to
serve and protect the public interest;
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collective bargaining ensures the
expression of diverse views for the purpose of
establishing terms and conditions of
employment;
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the Government of Canada is committed to
fair, credible and efficient resolution of
matters arising in respect of terms and
conditions of employment;
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the Government of Canada recognizes that
public service bargaining agents represent the
interests of employees in collective
bargaining and participate in the resolution of
workplace issues and rights disputes;
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commitment from the employer and
bargaining agents to mutual respect and
harmonious labour-management relations is
essential to a productive and effective public
service;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Public
Service Labour Relations Act.
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INTERPRETATION |
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| Definitions
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2. (1) The following definitions apply in
this Act.
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| ``adjudicator'' « arbitre de grief »
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``adjudicator'' means a member assigned to
hear and determine a grievance referred to
adjudication under subsection 209(1) or
section 216 or 221 and includes, if the
context permits, a board of adjudication
established under paragraph 223(2)(c), a
person named as an adjudicator in a
collective agreement and a person
otherwise selected as an adjudicator by the
parties to the grievance.
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| ``arbitral
award'' « décision arbitrale »
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``arbitral award'' means an award made by an
arbitration board in respect of a dispute.
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| ``arbitration
board'' « conseil d'arbitrage »
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``arbitration board'' means a board
established under Division 9 of Part 1.
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| ``bargaining
agent'' « agent négociateur »
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``bargaining agent'' means an employee
organization that is certified by the Board as
the bargaining agent for the employees in a
bargaining unit.
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| ``bargaining
unit'' « unité de négociation »
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``bargaining unit'' means a group of two or
more employees that is determined by the
Board to constitute a unit of employees
appropriate for collective bargaining.
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| ``Board'' « Commission »
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``Board'' means the Public Service Labour
Relations Board established by section 12.
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| ``Chairperson'
' « président »
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``Chairperson'' means the Chairperson of the
Board.
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| ``collective
agreement'' « convention collective »
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``collective agreement'' means an agreement
in writing, entered into under Part 1
between the employer and a bargaining
agent, containing provisions respecting
terms and conditions of employment and
related matters.
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| ``core public
administration
'' « administrati on publique centrale »
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``core public administration'' has the same
meaning as in subsection 11(1) of the
Financial Administration Act.
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| ``council of
employee
organizations'
' « regroupeme nt d'organisatio ns syndicales »
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``council of employee organizations'' means
a council formed by two or more employee
organizations.
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| ``deputy
head'' « administrate ur général »
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``deputy head'' means a deputy head referred
to in any of paragraphs (a) to (c) of the
definition ``deputy head'' in subsection
11(1) of the Financial Administration Act.
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| ``dispute'' « différend »
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``dispute'' means a dispute or difference that
arises in connection with the entering into,
renewal or revision of a collective
agreement and in respect of which
arbitration may be requested under
subsection 136(1) or conciliation may be
requested under subsection 161(1).
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| ``employee'' « fonctionnair e »
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``employee'', except in Part 2, means a person
employed in the public service, other than
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| ``employee
organization'' « organisation syndicale »
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``employee organization'' means an
organization of employees the purposes of
which include the regulation of relations
between the employer and its employees for
the purposes of Parts 1 and 2, and includes,
unless the context otherwise requires, a
council of employee organizations.
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| ``employer'' « employeur »
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``employer'' means Her Majesty in right of
Canada as represented by
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| ``managerial
or
confidential
position'' « poste de direction ou de confiance »
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``managerial or confidential position'' means
a position declared to be a managerial or
confidential position by an order made by
the Board under subsection 62(1), section
63, subsection 74(1) or section 75.
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| ``member'' « commissaire »
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``member'' means a member of the Board,
whether full-time or part-time.
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| ``membership
dues'' « cotisations syndicales »
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``membership dues'', in respect of employees
represented by a bargaining agent, means
the amount that the employer is required to
deduct from the pay of the employees and
remit to the bargaining agent under any
collective agreement that is entered into
between the employer and the bargaining
agent.
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| ``Minister'' « ministre »
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``Minister'' means the member of the Queen's
Privy Council for Canada, other than a
member of the Treasury Board, designated
by the Governor in Council as the Minister
for the purposes of this Act.
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| ``public
service'' « fonction publique »
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``public service'', except in Part 3, means the
several positions in or under
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| ``separate
agency'' « organisme distinct »
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``separate agency'' has the same meaning as in
subsection 11(1) of the Financial
Administration Act.
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| ``strike'' « grève »
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``strike'' includes a cessation of work or a
refusal to work or to continue to work by
persons employed in the public service, in
combination, in concert or in accordance
with a common understanding, and a
slow-down of work or any other concerted
activity on the part of such persons that is
designed to restrict or limit output.
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| ``Vice-Chairp
erson'' « vice-préside nt »
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``Vice-Chairperson'' means a
Vice-Chairperson of the Board.
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| Employment
status
preserved
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(2) A person does not cease to be employed
in the public service by reason only that the
person ceases to work as a result of a strike or
by reason only of the termination of the
person's employment contrary to this Act or
any other Act of Parliament.
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| Persons who
are not
employees
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(3) For greater certainty, a person is not an
employee if
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| Casual
employment
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(4) For the purposes of paragraph (f) of the
definition ``employee'' in subsection (1), a
person employed in the part of the public
service to which the Public Service
Commission has the exclusive right and
authority to make appointments is employed
on a casual basis if the person was appointed
under section 21.2 of the Public Service
Employment Act.
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| References to
occupants of
positions
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(5) Every reference to a person who
occupies a position, or to the occupant of a
position, includes a person who is acting in
that position or who has assumed wholly or
substantially the duties and responsibilities of
that position, and a reference to a person's
position includes the position of a person who
is acting in that position or who has assumed
wholly or substantially the duties and
responsibilities of that position.
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| Descriptive
cross-
references
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3. If, in any provision of this Act, a
reference to another provision of this Act is
followed by words in parentheses that are
descriptive of the subject-matter of that other
provision, the words in parentheses form no
part of the provision in which they occur and
are deemed to have been inserted for
convenience of reference only.
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PART 1 |
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LABOUR RELATIONS |
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Interpretation |
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| Definitions
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4. (1) The following definitions apply in
this Part.
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| ``essential
service'' « services essentiels »
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``essential service'' means a service, facility
or activity of the Government of Canada
that is or will be, at any time, necessary for
the safety or security of the public or a
segment of the public.
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| ``essential
services
agreement'' « entente sur les services essentiels »
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``essential services agreement'' means an
agreement between the employer and the
bargaining agent for a bargaining unit that
identifies
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| ``mediator'' « médiateur »
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``mediator'' means a person appointed as a
mediator under subsection 108(1).
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| ``National
Joint
Council'' « Conseil national mixte »
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``National Joint Council'' means the National
Joint Council whose establishment was
authorized by Order in Council P.C. 3676,
dated May 16, 1944.
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| ``parties'' « parties »
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``parties'', in relation to collective bargaining,
arbitration, conciliation or a dispute, means
the employer and the bargaining agent.
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| ``public
interest
commission'' « commission de l'intérêt public »
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``public interest commission'' means a
commission established under Division 10.
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| When position
is necessary
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(2) A position that is necessary for the
employer to provide essential services for the
purposes of paragraph (a) of the definition
``essential services agreement'' in subsection
(1) includes a position the occupant of which
is required, at any time,
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