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Bill C-437

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C-437
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-437
An Act to Amend the Royal Canadian Mounted Police Act (labour relations)
first reading, September 16, 2009

NOTE

3rd Session, 40th Parliament

This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Mr. McTeague

402299

SUMMARY
This enactment provides for the establishment of a labour relations scheme for the Royal Canadian Mounted Police to govern collective bargaining, grievance procedures, and strike offences. The Public Service Labour Relations Board will administer these labour relations in a manner analogous to that in which it administers labour relations in the public service. The enactment repeals Part III of the Royal Canadian Mounted Police Act, which contains different grievance procedures.

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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-437
An Act to Amend the Royal Canadian Mounted Police Act (labour relations)
R.S., c. R-10
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Subsection 5(2) of the Royal Canadian Mounted Police Act is replaced by the following:
Delegation
(2) The Commissioner may delegate to any member any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under subsections 42(4) and 43(1), section 45.16, subsection 45.19(5), section 45.26 and subsections 45.46(1) and (2).
2. Paragraph 24.1(6)(b) of the Act is replaced by the following:
(b) any answer or statement made in response to a question described in subsection 40(2), 45.1(11), 45.22(8) or 45.45(9);
3. Paragraph 29(c) of the Act is replaced by the following:
(c) the apportionment of the work of the Committee among its members and the assignment of members to review cases referred to the Committee; and
4. The Act is amended by adding the following after section 30:
PART II.1
LABOUR RELATIONS
Interpretation
Definitions
30.1 (1) The following definitions apply in this Part.
“adjudicator”
« arbitre »
“adjudicator” means, subject to subsection 30.23(4), a member of the Board assigned to hear and determine a grievance referred to adjudication and includes, where the context permits, a board of adjudication established under section 30.22 and a person named as an adjudicator in a collective agreement for the purposes of that agreement.
“arbitral award”
« décision arbitrale »
“arbitral award” means an award in respect of a dispute made by the Board — or any person appointed by the Board — under subsection 30.15(2).
“bargaining agent”
« agent négociateur »
“bargaining agent” means an employee organization that is certified by the Board as the bargaining agent for a bargaining unit.
“bargaining unit”
« unité de négociation »
“bargaining unit” means a group of two or more employees that is determined, in accordance with this Part, to constitute a unit of employees appropriate for collective bargaining.
“Board”
« Commission »
“Board” means the Public Service Labour Relations Board established under section 12 of the Public Service Labour Relations Act.
“Chairperson”
« président »
“Chairperson” means the Chairperson of the Board.
“collective agreement”
« convention collective »
“collective agreement” means an agreement in writing entered into under this Part between the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters.
“employee”
« employé »
“employee” means a member as defined in this subsection, other than the Commissioner, a Deputy Commissioner, a commissioned officer or any other person employed in a managerial or confidential position and, for the purposes of this definition a person does not cease to be employed by the employer by reason only of the person’s discharge contrary to this Part or any other Act of Parliament.
“employee organization”
« organisation syndicale »
“employee organization” means an association that represents a majority of the members and that is not affiliated directly or indirectly with a trade union or another employee organization or with any organization that is affiliated directly or indirectly with a trade union or another employee organization.
“employer”
« employeur »
“employer” means the Treasury Board.
“grievance”
« grief »
“grievance” means a complaint in writing presented in accordance with this Part by an employee on his own behalf or on behalf of the employee and one or more other employees, except that
(a) for the purposes of any of the provisions of this Part respecting grievances, a reference to an “employee” includes a person who would be an employee but for the fact that the person is employed in a managerial or confidential position; and
(b) for the purposes of any of the provisions of this Part respecting grievances with respect to action resulting in termination or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that, at the time of the person’s termination or suspension, the person was employed in a managerial or confidential position.
“managerial or confidential position”
« poste de direction ou de confiance »
“managerial or confidential position” means a position that is
(a) confidential to a Minister of the Crown or the Commissioner;
(b) classified by the employer or the Commissioner as being in the executive group, by whatever name called;
(c) occupied by a member who provides advice on labour relations, staffing or classification;
(d) occupied by a member who has substantial management duties, responsibilities and authority over employees or has duties and responsibilities dealing formally on behalf of the employer or the Commissioner with grievances;
(e) occupied by a member who is directly involved in the process of collective bargaining on behalf of the employer or the Commissioner; or
(f) declared to be a managerial or confidential position by an order made by the Board under subsection 30.12.
“member”
« membre »
“member” has the same meaning as in subsection 2(1) of this Act, except where it means a member of the Board or a member of a board of adjudication.
“parties”
« parties »
“parties” means
(a) in relation to collective bargaining, arbitration or a dispute, the employer and a bargaining agent; and
(b) in relation to a grievance, the employer and the employee who presented the griev- ance.
“strike”
« grève »
“strike” includes a cessation of work or a refusal to work or to continue to work by employees in combination, in concert or in accordance with a common understanding, and a slow-down of work or other concerted activity on the part of employees designed to restrict or limit output.
“Vice-Chairperson”
« vice-président »
“Vice-Chairperson” means a Vice-Chairperson of the Board.
General
Rights
Employment rights
30.2 (1) The purpose of this Part is to provide certain members with collective bargaining and other rights in respect of their employment.
Right of membership in employee organization
(2) Every employee may belong to an employee organization and may participate in the lawful activities of that employee organization.
Right of employer
(3) Nothing in this Part is to be construed as affecting the right or authority of the Treasury Board under paragraph 7(1)(b) of the Financial Administration Act.
Commissioner
(4) Nothing in this Part is to be construed as affecting the right or authority of the Commissioner to determine the organization of the Force in accordance with section 7.
Limitation
(5) The right or authority of the Commissioner under this Act does not extend to the labour relations of employees provided under this Part, except where specified.
Prohibitions
Employer participation in employee organization
30.3 (1) No person who occupies a managerial or confidential position, whether or not the person is acting on behalf of the employer or the Commissioner, shall participate in or interfere with the formation or administration of an employee organization or the representation of employees by such an organization.
Discrimination against members and intimidation
(2) Subject to subsection (3), no person shall
(a) refuse to employ, continue to employ or otherwise discriminate against any person in regard to employment or to any term or condition of employment, because the person belongs to an employee organization or was or is exercising any right under this Part;
(b) impose any condition on an appointment or in a contract of employment, or propose the imposition of any condition on an appointment or in a contract of employment, that seeks to restrain an employee or a person seeking employment from joining an employee organization or exercising any right under this Part; or
(c) seek by intimidation, by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or any other penalty or by any other means to compel an employee
(i) to join, refrain from joining or cease to belong to, or, except as otherwise provided in a collective agreement, to continue to belong to, an employee organization, or
(ii) to refrain from exercising any other right under this Part.
Exception
(3) No person shall be deemed to have contravened subsection (2) by reason 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.
Discrimination against employee organization
30.4 (1) Except in accordance with this Part or any regulation, collective agreement or arbitral award, no person who occupies a managerial or confidential position, whether or not the person acts on behalf of the employer or the Commissioner, shall discriminate against an employee organization.
Saving provision
(2) Nothing in subsection (1) shall be construed to prevent a person who occupies a managerial or confidential position from receiving representations from, or holding discussions with, the representatives of any employee organization.
Soliciting membership during working hours
30.5 Except with the consent of the employer or the Commissioner, no official or representative of an employee organization shall attempt, on the employer’s premises during the working hours of an employee, to persuade the employee to join, refrain from joining, continue to belong to, or cease to belong to, an employee organization.
Division 1
Public Service Labour Relations Board
Public Service Labour Relations Act Provisions
Application of Public Service Labour Relations Act
30.6 Unless otherwise provided in this Part, the provisions of the Public Service Labour Relations Act respecting the powers, duties, mandate and authority of the Public Service Labour Relations Board apply in respect of this Part except that
(a) a reference to that Act in any of those provisions shall be read as a reference to this Part; and
(b) words and expressions used in any of those provisions that are defined by this Act shall have the meaning given to them by this Act.
Powers and Functions of the Board
Public Services Labour Relations Board
30.7 (1) The Board shall administer this Part and shall exercise such powers and perform such functions as are conferred or assigned by this Part, or as may be incidental to the attainment of the purposes of this Part, including the making of orders requiring compliance with this Part, with any regulation made under this Part or with any decision made in respect of a matter coming before the Board.
For greater certainty
(2) For greater certainty, the powers and functions referred to in subsection (1) include, with any necessary modifications, those set out in sections 36 to 43 of the Public Service Labour Relations Act.
Delegation by Board
30.8 (1) The Board may authorize the Chairperson to exercise any of its powers or perform any of its functions, other than the power to make regulations under this Part.
Delegation by Chairperson
(2) The Chairperson may authorize a Vice-Chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s functions, including powers or functions delegated to the Chairperson by the Board.
Complaints
30.9 (1) The Board shall examine and inquire into any complaint made to it that the Commissioner, the employer or an employee organization, or any person acting on behalf of the Commissioner, the employer or employee organization, has failed
(a) to comply with section 30.3, 30.4 or 30.5;
(b) to give effect to any provision of an arbitral award;
(c) to give effect to a decision of an adjudicator with respect to a grievance; or
(d) to comply with any regulation respecting grievances made by the Board pursuant to section 30.29.
Order of Board directing compliance
(2) If the Board determines under subsection (1) that any person has failed to comply with any prohibition, to give effect to any provision or decision or to comply with any regulation as described in that subsection, it may make an order, addressed to that person, directing the person to comply with the prohibition, give effect to the provision or decision or comply with the regulation, as the case may be, or take such action as may be required in that behalf within such specified period as the Board may consider appropriate, and
(a) if that person has acted or purported to act on behalf of the employer, it shall direct its order as well to the employer; and
(b) if that person has acted or purported to act on behalf of an employee organization, it shall direct its order as well to the chief official of that employee organization.
Where order not complied with
30.10 If any order made under section 30.9 is not complied with within the period specified in the order, the Board shall cause a copy of its order to be filed under subsection 30.31(4).
Division 2
Collective Bargaining and Collective Agreements
Certification of Bargaining Agents
Application for Certification
Certification of bargaining agents
30.11 The Board shall administer the certification of an employee organization as a bargaining agent for the employees in the bargaining unit for the purposes of this Part in accordance with sections 54 to 102 of the Public Service Labour Relations Act.
Managerial or confidential position
30.12 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 set out in this Part or in section 59 of the Public Service Labour Relations Act and in accordance with subsection 62(1), section 63, subsection 74(1) or section 75 of that Act.
Application for certification
30.13 An employee organization seeking to be certified as bargaining agent for a group of employees that it considers to constitute a unit of employees appropriate for collective bargaining may apply to the Board for certification in accordance with sections 54 to 56 of the Public Services Labour Relations Act.
Determination of Appropriate Bargaining Units
Determination of appropriate bargaining units
30.14 (1) When an application for certification is made under section 30.13, the Board shall determine the group of employees that constitutes a unit appropriate for collective bargaining.
Consideration of employer’s classification
(2) In determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board shall have regard to
(a) the proper operation of this Part;
(b) the nature of the employee organization under this Part;
(c) the organization of the Force; and
(d) the duties and classification of the employees in the proposed bargaining unit in relation to any plan of classification as it may apply to the employees in the proposed bargaining unit, including the occupational groups or subgroups established by the employer.
Unit co-extensive with occupational groups
(3) The Board shall establish bargaining units that are co-extensive with the occupational groups or subgroups established by the employer, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining.
Composition of bargaining unit
(4) For the purposes of this Part, a unit of employees may be determined by the Board to constitute a unit appropriate for collective bargaining whether or not its composition is identical with the group of employees in respect of which the application for certification was made.
Determination of questions of membership in bargaining units
(5) On application by the employer or the employee organization, the Board shall determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board to constitute a unit appropriate for collective bargaining, or is included in any other unit.
Dispute Resolution
Choice of process for dispute resolution
30.15 (1) For the purposes of this Part, the bargaining agent for a bargaining unit shall notify the Board of the process it has chosen for dispute resolution — either arbitration or conciliation — and the Board shall record the process chosen in accordance with sections 103 and 104 of the Public Service Labour Relations Act.
Dispute resolution
(2) If a dispute arises in connection with the conclusion, renewal or revision of a collective agreement, the resolution of the dispute shall be administered by the Board and determined between the parties in accordance with sections 105 to 118 and sections 135 to 183 of the Public Service Labour Relations Act and, for greater certainty, may include mediation, conciliation, arbitration, or alternate dispute resolution.
Collective agreements
30.16 For the purposes of this Part, the parties shall negotiate collective agreements and the Board shall administer negotiations in respect of collective agreements in accordance with sections 105 to 118 of the Public Service Labour Relations Act.
Negotiation of Collective Agreements
Notice to bargain collectively
30.17 After the Board has certified an employee organization as the bargaining agent for a bargaining unit and the process for the resolution of a dispute applicable to that bargaining unit has been recorded by the Board, the bargaining agent or the employer may, by notice in writing, require the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement in accordance with sections 105 to 118 of the Public Service Labour Relations Act.
Binding effect of collective agreement
30.18 For the purposes of this Part, a collective agreement is binding on the employer, the Commissioner, the bargaining agent and every employee in the bargaining unit on and after the day on which it has effect.
Division 3
Grievances
Rights
Right to present grievances
30.19 (1) Subject to subsections (2) and 41(9), an employee is entitled to present the grievance at each of the levels in the grievance process provided for by this Part if he or she feels aggrieved
(a) by the interpretation or application, in respect of the employee, of
(i) a provision of a statute or regulation, or a rule, by-law, direction or other instrument made or issued by the employer or the Commissioner, that deals with terms and conditions of employment, or
(ii) a provision of a collective agreement or an arbitral award; or
(b) as a result of any occurrence or matter affecting the employee’s terms and conditions of employment.
Limitation
(2) An employee is not entitled to present any grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.
Right to be represented by employee organization
(3) An employee who is not included in a bargaining unit for which an employee organization has been certified as bargaining agent may seek the assistance of and, if the employee chooses, may be represented by any employee organization in the presentation or reference to adjudication of a grievance.
Right to be represented by employee organization
(4) No employee who is included in a bargaining unit for which an employee organization has been certified as bargaining agent may be represented by any other employee organization in the presentation or reference to adjudication of a grievance.
Adjudication of Grievances
Reference of grievance to adjudication
30.20 (1) Notwithstanding any other provision of this Act, an employee may refer to adjudication a 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
(a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award;
(b) disciplinary action against the employee resulting in suspension or a financial penalty;
(c) the termination of employment of the employee, other than rejection on probation in respect of an initial appointment;
(d) the demotion of the employee;
(e) if the employee has been denied an appointment, the employer’s evaluation of the skill, fitness and ability of the employee with respect to the employee’s qualification for the appointment; or
(f) the employer’s classification of the employee.
Approval of bargaining agent
(2) The employee is not entitled to refer a grievance described in paragraph (1)(a) to adjudication unless the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies signifies in the prescribed manner its approval of the reference of the grievance to adjudication and its willingness to represent the employee in the adjudication proceedings.
Appointment of adjudicators
30.21 The Board shall assign such members of the Board as may be required to hear and adjudicate on grievances referred to adjudication under this Part.
Composition of board of adjudication
30.22 (1) A board of adjudication consists of one member of the Board, who is the chairperson of the board of adjudication, and two other persons, each of whom is nominated by one of the parties.
Ineligibility
(2) A person is not eligible to be a member of the board of adjudication if the person has any direct interest in or connection with the grievance, its handling or its disposition.
Notice
30.23 (1) The employee who refers a griev-ance to adjudication under this Part shall give notice of the reference to the Board in the prescribed manner and shall specify in the notice whether an adjudicator is named in any applicable collective agreement and, if no adjudicator is so named, whether the employee requests the establishment of a board of adjudication.
Action to be taken by Board
(2) On receipt of the notice referred to in subsection (1), the Board shall, in the manner and within the time prescribed,
(a) if the grievance is one arising out of a collective agreement and an adjudicator is named therein, refer the matter to that adjudicator;
(b) if a board of adjudication has been requested by the aggrieved employee and no objection has been made by the employer within such time as may be prescribed, establish the board of adjudication and refer the matter to it; and
(c) in any other case, refer the matter to an adjudicator designated by the Board.
Adjudication of certain matters
(3) Notwithstanding subsections (1) and (2) and section 30.26, if a grievance respecting a matter referred to in paragraph 30.20(1)(d), (e) or (f) is referred to adjudication, the adjudication shall be by a single adjudicator designated by
(a) the employee and employer; or
(b) the Chairperson, when the employer and employee are unable to agree on the selection of an adjudicator and either party makes a written request to the Chairperson to designate an adjudicator.
Adjudicator respecting certain matters
(4) A person selected to adjudicate a griev- ance respecting a matter referred to in paragraph 30.20(1)(d), (e) or (f)
(a) shall not be a member of the Board but has, for the purposes of the adjudication, all the powers, rights and privileges of the Board other than the power to make regulations of general application under section 30.7; and
(b) shall not have any direct interest in or in connection with the grievance, its handling or its disposition.
Powers of adjudicator
30.24 An adjudicator has, for the purposes of the adjudication of a grievance respecting a matter referred to in paragraph 30.20(1)(a), (b) or (c), the powers that the Board has under section 30.7 in relation to the hearing or determination of a proceeding before it.
Compliance with procedures
30.25 (1) Subject to any regulation made by the Board under paragraph 30.29(1)(d), no grievance shall be referred to adjudication and no adjudicator shall hear or render a decision on a grievance until it has been presented at all required levels in accordance with the applica-ble grievance process.
Decision requiring amendment
(2) An adjudicator's decision in respect of a grievance may not have the effect of requiring the amendment of a collective agreement or an arbitral award.
Binding effect
(3) If a grievance has been presented up to and including the final level in the grievance process and may not be referred to adjudication under section 30.20, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Part and no further action may be taken under this Part in respect of that decision.
Hearing of grievance
30.26 (1) When a grievance is referred to adjudication, the adjudicator shall give both parties to the grievance an opportunity to be heard.
Decision on grievance
(2) After considering the grievance, the adjudicator shall render a decision and
(a) send a copy of the decision to each party, to the representative of each party and to the bargaining agent, if any, for the bargaining unit of the employee who presented the grievance; and
(b) deposit a copy of the decision with the Executive Director.
Decision of board of adjudication
(3) A decision of a majority of the members of the board of adjudication on a grievance is a decision of the board, which shall be signed by the chairperson of the board.
Implementation of decision by employer
(4) When a decision on any grievance referred to adjudication requires any action by or on the part of the employer, the employer shall take that action.
Action to be taken by employee or bargaining agent
(5) When a decision on any grievance requires any action by or on the part of an employee or a bargaining agent or both of them, the employee or bargaining agent, or both, as the case may be, shall take that action.
Powers of Board — decision
(6) The Board may take action, in accord- ance with section 30.9, to give effect to the decision of an adjudicator on a grievance but shall not inquire into the basis or substance of the decision.
Expenses of adjudication
30.27 (1) The method of determining the remuneration of an adjudicator named in a collective agreement and of defraying such expenses as the adjudicator may incur shall be as established in the collective agreement naming the adjudicator; however, if the agreement does not specify the method, the named adjudicator’s remuneration and expenses shall be borne equally by the parties.
Adjudicator not named
(2) Subject to subsection (3), if a grievance is referred to an adjudicator who is not named in a collective agreement and the employee who presented the grievance is represented in the adjudication proceedings by the bargaining agent for the bargaining unit of the employee, the bargaining agent is liable to pay and shall remit to the Board such part of the costs of the adjudication as may be determined by the Executive Director with the approval of the Board.
Remuneration and expenses
(3) If a grievance is referred to a board of adjudication, the remuneration and expenses of the nominee of each party shall be borne by the parties respectively.
Debt due to the Crown
(4) Any amount that is payable to the Board by a bargaining agent under subsection (2) or (3) may be recovered as a debt due to the Crown by the bargaining agent that shall, for the purposes of this subsection, be deemed to be a person.
Grievance —paragraph 30.20(1)(d), (e) or (f)
(5) If a grievance respecting a matter referred to in paragraph 30.20(1)(d), (e) or (f) is referred to adjudication, the adjudicator’s remuneration and expenses shall be borne equally by the parties.
Enforcement of Obligations
Reference by employer or bargaining agent to Board
30.28 (1) When the employer and a bargaining agent have executed a collective agreement or are bound by an arbitral award and the employer or the bargaining agent seeks to enforce an obligation that is alleged to arise out of the agreement or award, and when the enforcement of the obligation may not be the subject of a grievance by an employee in the bargaining unit to which the collective agreement or arbitral award applies, either the employer or the bargaining agent may, in the prescribed manner, refer the matter to the Board.
Board shall hear and determine
(2) When a matter is referred to the Board under subsection (1), the Board shall hear and determine whether there is an obligation as alleged and whether, if there is, there has been a failure to observe or to carry out the obligation.
Hearing and determination of reference
(3) The Board shall hear and determine any matter referred to it under subsection (1) as though the matter were a grievance, and subsection 30.25(2) and sections 30.26 and 30.27 apply to the hearing and determination of that matter.
Regulations Respecting Grievances
Regulations respecting grievances
30.29 (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;
(b) the maximum number of levels in each grievance process;
(c) the time within which a grievance may be presented at any level in a grievance process;
(d) the circumstances in which any level below the final level in the grievance process may be eliminated; and
(e) in any case of doubt, the circumstances in which any occurrence or matter may be said to constitute a grievance.
Application of regulations
(2) Any regulations made under subsection (1) in relation to the procedure for the presentation of grievances shall 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 such 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 respecting adjudication of grievances
(3) The Board may make regulations in relation to the adjudication of grievances, including regulations respecting
(a) the manner and form of presenting a grievance and, in the case of group griev- ances, 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.
No Right of Action
Disputes relating to employment
30.30 (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.
Division 4
General
Review and Enforcement of Orders
Orders not subject to review by court
30.31 (1) Subject to this Part, every order, award, direction, decision, declaration or ruling of the Board, is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
Standing of Board
(2) The Board has standing to appear in proceedings referred to in subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to decisions of the Board and the Board’s jurisdiction, policies and procedures.
No review by certiorari
(3) Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under this Part may, on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the Board to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction,
(a) be questioned, reviewed, prohibited or restrained; or
(b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise.
Filing of Board’s orders in Federal Court
(4) The board shall, on the request in writing of any person or organization affected by any order of the Board, file a certified copy of the order, exclusive of the reasons for the order, in the Federal Court unless, in its opinion,
(a) there is no indication of failure or likelihood of failure to comply with the order; or
(b) the filing of the order in the Federal Court would serve no useful purpose.
Effect of filing
(5) An order of the Board becomes an order of the Federal Court when a certified copy of the order is filed in that court, and it may subsequently be enforced as such.
Offences Relating to Strikes
Participation by employee in strike
30.32 No employee shall participate in a strike.
Declaration or authorization of strike
30.33 No employee organization shall declare or authorize a strike of employees and no official or representative of an employee organization shall counsel or procure the declaration or authorization of a strike of employees or the participation of employees in a strike, the effect of which is or would be to involve the participation of an employee in a strike in contravention of section 30.32.
Offence — employee
30.34 (1) Every employee who contravenes section 30.32 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.
Offence — official or representative
(2) Every official or representative of an employee organization who contravenes section 30.33 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.
Offence — employee organization
(3) Every employee organization that contravenes section 30.33 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 for each day that any strike declared or authorized by it in contravention of that section is or continues in effect.
Prosecution of employee organization
30.35 A prosecution for an offence referred to in section 30.34 may be brought against an employee organization and in the name of that employee organization, and an employee organization shall, for the purposes of any such prosecution, be deemed to be a person and any act or thing done or omitted by a representative of an employee organization within the scope of his or her authority to act on behalf of the employee organization shall be deemed to be an act or thing done or omitted by the employee organization.
Consent to prosecution
30.36 A prosecution for an offence under sections 30.32 to 30.35 may be instituted only with the consent of the Board.
5. Part III of the Act is repealed.
6. Subsection 41(9) of the Act is replaced by the following:
Action not grievable or appealable
(9) Notwithstanding any provision of Part II.1, the informal disciplinary actions referred to in paragraphs (1)(a) to (d) may not be the subject of a grievance under that Part or be appealed under this Part.
7. Subsection 45.15(5) of the Act is repealed.
8. Subsection 45.25(4) of the Act is repealed.
9. Paragraph 45.45(8)(b) of the Act is replaced by the following:
(b) any answer or statement made in response to a question described in subsection 24.1(7), 40(2), 45.1(11) or 45.22(8);
10. Paragraph 47(1)(a) of the Act is repealed.
11. Subsections 47.1(2) and (3) of the Act are replaced by the following:
Privilege
(2) Where a member is represented or assisted by another member pursuant to subsection (1), communications passing in confidence between the two members in relation to the proceeding, representations or appeal are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the member and the member’s solicitor.
Rules
(3) The Commissioner may make rules prescribing
(a) the members or members of any class of members who may not represent or assist another member in any proceeding, preparation or appeal referred to in subsection (1); and
(b) the circumstances in which a member may not represent or assist another member in any proceeding, preparation or appeal referred to in subsection (1).
12. Subsection 47.4(1) of the Act is replaced by the following:
Extensions of time limitations
47.4 (1) If the Commissioner is satisfied that the circumstances justify an extension, the Commissioner may, on motion by the Commissioner or on application, and after giving due notice to any member affected thereby, extend the time limited by subsection 44(1), 45.13(2), 45.14(4), 45.14(7), 45.19(4), 45.19(6), 45.23(6), 45.24(1) or 45.24(5) for the doing of any act therein described and specify terms and conditions in connection therewith.
13. Section 50 of the Act is replaced by the following:
Attendance of witnesses, etc.
50. Every person is guilty of an offence punishable on summary conviction who
(a) on being duly summoned as a witness or otherwise under Part I, II.1, IV, V or VII, makes default in attending,
(b) being in attendance as a witness in any proceeding under Part I, II.1, IV, V or VII,
(i) refuses to take an oath or solemn affirmation required of that person,
(ii) refuses to produce any document or thing under that person’s control and required to be produced by that person, or
(iii) refuses to answer any question that requires an answer,
(c) at any proceeding under Part I, II.1, IV, V or VII, uses insulting or threatening language or causes any interference or disturbance, or
(d) prints observations or uses words likely to influence improperly a board of inquiry under Part I, the Board under Part II.1, IV or V, the Commission under Part VII, an adjudication board under Part IV or a discharge and demotion board under Part V or witnesses at any proceeding under Part I, II.1, IV, V or VII or to bring any such proceeding into disrepute, or in any other manner whatever displays contempt of any such proceeding.
Published under authority of the Speaker of the House of Commons
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