AMENDMENTS NOT IN FORCE

• — 2009, c. 2, s. 401

  • 401 Subsection 208(3) of the Act is replaced by the following:

    • Limitation

      (3) An employee may not present an individual grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act.

• — 2009, c. 2, s. 402

  • 402 Subsection 215(5) of the Act is replaced by the following:

    • Limitation

      (5) A bargaining agent may not present a group grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act.

• — 2009, c. 2, s. 403

  • 403 Subsection 220(3) of the Act is replaced by the following:

    • Limitation

      (3) Neither the employer nor a bargaining agent may present a policy grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act.

• — 2009, c. 2, s. 404, as amended by 2013, c. 40, s. 469(6) and 2014, c. 39, s. 385

  • 404 Paragraph 226(2)(a) of the Act is replaced by the following:

    • (a) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act that are related to the right to equal pay for work of equal value and the Public Sector Equitable Compensation Act, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any;

• — 2013, c. 40, s. 307(2)

  • • 307 (2) Section 148 of the Act is amended by adding the following after subsection (2):

      • Public Sector Equitable Compensation Act

        (3) Nothing in subsections (1) and (2) precludes the operation of sections 17 to 19 of the Public Sector Equitable Compensation Act.

• — 2013, c. 40, s. 316(2)

  • • 316 (2) Section 175 of the Act is amended by adding the following after subsection (2):

      • Public Sector Equitable Compensation Act

        (3) Nothing in subsections (1) and (2) precludes the operation of sections 20 and 21 of the Public Sector Equitable Compensation Act.

• — 2013, c. 40, s. 325

  • • 325 (1) Subsection 208(2) of the Act is replaced by the following:

      • Limitation

        (2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament.

    • (2) Subsection 208(4) of the Act is replaced by the following:

      • Agreement required

        (4) Unless the grievance is in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, an employee who is included in a bargaining unit may present an individual grievance only if the employee has the approval of and is represented by the bargaining agent for the bargaining unit.

    • (3) Section 208 of the Act is amended by adding the following after subsection (7):

      • Discriminatory practices

        (8) An individual grievance in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act must be presented at the first level in the grievance process within one year after the last of the acts or omissions that gave rise to the grievance, or any longer period that the Board considers appropriate in the circumstances.

      • Dismissal

        (9) An individual grievance may be dismissed at any level of the grievance process if the grievance is considered to be trivial, frivolous, vexatious or made in bad faith. If it is dismissed, the employee must be informed in writing of the dismissal and the reasons for it.

• — 2013, c. 40, s. 326

  • • 326 (1) Subsection 209(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:

      • (c.1) a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act; or

    • (2) Subsection 209(2) of the Act is replaced by the following:

      • Agreement required

        (2) Unless the grievance is in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, an employee 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.

• — 2013, c. 40, s. 327

  • 327 Section 210 of the Act is repealed.

• — 2013, c. 40, s. 328

  • 328 Section 211 of the Act is renumbered as subsection 211(1) and is amended by adding the following:

    • Discriminatory practice

      (2) Subsection (1) does not apply in respect of the referral to adjudication of an individual grievance in respect of a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act.

• — 2013, c. 40, s. 329

  • 329 Subsection 215(4) of the Act is replaced by the following:

    • Limitation

      (4) A bargaining agent may not present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament.

• — 2013, c. 40, s. 330

  • 330 Section 217 of the Act is repealed.

• — 2013, c. 40, s. 331

  • 331 Subsections 220(1) and (2) of the Act are replaced by the following:

    • Right of employer and bargaining agent

      • 220 (1) If the employer and a bargaining agent are bound by an arbitral award or have entered into a collective agreement and the employer or the bargaining agent seeks to enforce an obligation that is alleged to arise out of the award or agreement, other than an obligation the enforcement of which may be the subject of a grievance of an employee in the bargaining unit to which the agreement or award applies, either of them may present a policy grievance to the other.

      • Limitation

        (2) Neither the employer nor a bargaining agent may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament.

• — 2013, c. 40, s. 332

  • 332 Section 222 of the Act is repealed.

• — 2013, c. 40, s. 334

  • 334 Section 232 of the Act is replaced by the following:

    • Decision in respect of policy grievances

      232 An adjudicator’s decision in respect of a policy grievance is limited to one or more of the following:

      • (a) declaring the correct interpretation of a collective agreement or an arbitral award;

      • (b) declaring that the collective agreement or arbitral award has been contravened; and

      • (c) requiring the employer or bargaining agent, as the case may be, to interpret the collective agreement or arbitral award in a specified manner, without giving it retroactive effect.

• — 2013, c. 40, s. 335

  • 335 Section 235 of the Act is replaced by the following:

    • Individual grievance — paragraph 209(1)(a)

      • 235 (1) Subject to subsection (3), if an individual grievance that is related to matters referred to in paragraph 209(1)(a) is referred to adjudication by an aggrieved employee, 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.

      • Paragraph 209(1)(b) or (c)

        (2) If an individual grievance that is related to matters referred to in paragraph 209(1)(b) or (c) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne in equal parts by the bargaining agent and the deputy head responsible for the portion of the public service that employs the aggrieved employee in the adjudication proceedings.

      • Paragraph 209(1)(a) and paragraph 209(1)(b) or (c)

        (3) If an individual grievance that is related to matters referred to in paragraph 209(1)(a) and matters referred to in paragraph 209(1)(b) or (c) or to matters in both of those paragraphs is referred to adjudication by an aggrieved employee, the expenses of the adjudication are to be borne in equal parts by the bargaining agent and the deputy head responsible for the portion of the public service that employs the aggrieved employee in the adjudication proceedings.

      • Paragraph 209(1)(c.1)

        (4) If an individual grievance that is related to matters referred to in paragraph 209(1)(c.1) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, the expenses of the adjudication are to be borne by the Board.

      • Paragraph 209(1)(d)

        (5) If an individual grievance that is related to matters referred to in paragraph 209(1)(d) is referred to adjudication by an aggrieved employee who is included in a bargaining unit, 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.

      • Paragraph 209(1)(b), (c), (c.1) or (d)

        (6) If an individual grievance that is related to matters referred to in paragraph 209(1)(b), (c), (c.1) or (d) is referred to adjudication by an aggrieved employee who is not included in a bargaining unit, the expenses of the adjudication are to be borne by the Board.

      • Recovery

        (7) 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

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

    • Group grievance

      • 235.1 (1) If a group grievance is referred to adjudication, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent that represents the aggrieved employees in the adjudication proceedings.

      • Recovery

        (2) Any amount that by subsection (1) 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

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

    • Policy grievance

      • 235.2 (1) If a policy grievance is referred to adjudication, the expenses of the adjudication are to be borne in equal parts by the employer and the bargaining agent to the adjudication proceedings.

      • Recovery

        (2) Any amount that by subsection (1) 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

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

• — 2013, c. 40, s. 336

  • • 336 (1) Subsection 237(1) of the Act is amended by adding “and” at the end of paragraph (g), by striking out “and” at the end of paragraph (h) and by repealing paragraph (i).

    • (2) Section 237 of the Act is amended by adding the following after subsection (1):

      • Extensions

        (1.1) Regulations made under paragraph (1)(d), (f) or (h) may provide for extensions of time only in circumstances that the Board considers to be exceptional.

• — 2013, c. 40, ss. 467(5), (7)

  • • 467 (5) On the first day on which both sections 334 and 381 of this Act are in force, the portion of section 232 of the Public Service Labour Relations Act before paragraph (a) is replaced by the following

      • Decision in respect of policy grievances

        232 An adjudicator’s or the Board’s decision in respect of a policy grievance is limited to one or more of the following:

    • (7) If section 383 of this Act comes into force before section 335 of this Act, then, on the day on which that section 335 comes into force, subsection 235(6) of the French version of the Public Service Labour Relations Act is replaced by the following:

      • Alinéas 209(1)b), c), c.1) ou d)

        (6) Dans le cas du renvoi à l’arbitrage d’un grief individuel d’un type visé aux alinéas 209(1)b), c), c.1) ou d) par un fonctionnaire s’estimant lésé qui ne fait pas partie d’une unité de négociation, les frais d’arbitrage sont à la charge de la Commission.

• — 2013, c. 40, s. 469(1), par. (2)(b)

  • 2009, c. 2

    • 469 (1) In this section, other Act means the Budget Implementation Act, 2009.

    • (2) If section 367 of this Act comes into force before section 400 of the other Act, then

      • (b) on the day on which the Public Sector Equitable Compensation Act comes into force, sections 13 and 14 of the Public Service Labour Relations 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, the referral of grievances to adjudication in accordance with Part 2 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 accordance with the Public Sector Equitable Compensation Act.

• — 2014, c. 20, s. 308

  • 308 Paragraph 226(1)(h) of the Public Service Labour Relations Act is replaced by the following:

    • (h) if the adjudicator has determined that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act,

      • (i) order that the employer cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future, or

      • (ii) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of that Act;