Public Service Staffing Complaints Regulations (SOR/2006-6)
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Regulations are current to 2017-06-19 and last amended on 2014-11-03. Previous Versions
Public Service Staffing Complaints Regulations
SOR/2006-6
Registration 2005-12-23
Public Service Staffing Complaints Regulations
The Public Service Staffing Tribunal, pursuant to section 109 of the Public Service Employment ActFootnote a, hereby makes the annexed Public Service Staffing Tribunal Regulations.
Return to footnote aS.C. 2003, c. 22, ss. 12 and 13
Ottawa, December 22, 2005
Interpretation
Marginal note:Definitions
1 (1) The following definitions apply in these Regulations.
Act
Loi
Act means the Public Service Employment Act. (Loi)
day
jour
day means a calendar day. (jour)
- Executive Director
Executive Director[Repealed, SOR/2014-250, s. 2]
intervenor
intervenant
intervenor means anyone who is allowed under subsection 19(4) to intervene in the hearing of a complaint. (intervenant)
party
partie
party means anyone who has a right to be heard under subsection 65(3), section 75, subsection 79(1) or section 85 of the Act. (partie)
- standardized test
standardized test[Repealed, SOR/2011-116, s. 1]
writing
écrit
writing includes, with respect to a person with a disability that affects the capacity to communicate in writing, any means of communication that can be used and understood by that person and that may be retained. (écrit)
Marginal note:Canadian Human Rights Commission
(2) For the purposes of these Regulations, the Canadian Human Rights Commission is a participant in a proceeding in relation to a complaint if the Canadian Human Rights Commission has given notice under subsection 20(3) that it intends to make submissions regarding an issue raised by the complainant involving the interpretation or the application of the Canadian Human Rights Act.
Marginal note:References to “the deputy head or the Commission”
(3) In these Regulations, a reference to “the deputy head or the Commission”, in the context of a complaint, means
(a) the deputy head, in any case where the complaint relates to a lay-off, revocation, appointment or proposed appointment in respect of which the Commission has authorized the deputy head under section 15 of the Act to exercise or perform any of the Commission’s powers and functions; and
(b) the Commission, in any other case.
- SOR/2011-116, s. 1;
- SOR/2014-250, s. 2.
Application
Marginal note:Application
2 These Regulations apply to all complaints made to the Board under subsection 65(1) or section 74, subsection 77(1) or section 83 of the Act.
- SOR/2014-250, s. 8.
General Provisions
Marginal note:When notice considered received
3 A notice that is sent to a party, an intervenor or the Canadian Human Rights Commission is considered to have been received by the party, the intervenor or the Canadian Human Rights Commission on
(a) if the notice is sent by electronic means such as electronic mail or fax transmission, the day on which it is sent;
(b) if the notice is sent by courier or delivered by hand, the day on which it is received; and
(c) if the notice is sent by mail, the day that is six days after
Marginal note:Alternate methods of providing notices and other documents
4 Despite any provisions of these Regulations, the Board may, in the interest of fairness, establish alternate methods of providing notices and other documents.
- SOR/2014-250, s. 8.
Marginal note:Amendment of time
5 (1) A party may request the Board to extend or reduce the time within which a complaint may be made or within which notices and other documents must be given in relation to a complaint.
Marginal note:Submissions
(2) Before determining whether to extend or reduce the time, the Board must provide the other parties an opportunity to make submissions respecting the request.
Marginal note:Determination
(3) The Board must determine whether it is in the interest of fairness to extend or reduce the time and, if it is, the length of the extension or reduction.
- SOR/2011-116, s. 2;
- SOR/2014-250, s. 8.
6 [Repealed, SOR/2011-116, s. 2]
Marginal note:Computation of time
7 A time period calculated under these Regulations that ends on a Saturday or a holiday is extended to end on the next day after that is not a Saturday or a holiday.
Marginal note:Consolidation of proceedings
8 To ensure the expeditious resolution of complaints, the Board may direct that proceedings be consolidated and may issue directions in respect of the conduct of the consolidated proceedings.
- SOR/2011-116, s. 3;
- SOR/2014-250, s. 8.
Marginal note:Informal and expeditious proceeding
8.1 For the purposes of section 5, subsection 17(4) and sections 19 and 27, the Board may deal with a proceeding as informally and expeditiously as the circumstances and the considerations of fairness permit.
- SOR/2014-250, s. 3.
Marginal note:Technical irregularity
9 No proceeding is invalid by reason only of a defect in form or a technical irregularity.
Making a Complaint
Marginal note:Time for making complaint
10 (1) A complaint must be received by the Board no later than 15 days after
Marginal note:Receipt of complaint
(2) A complaint is considered to have been received by the Board on
- SOR/2011-116, s. 4;
- SOR/2014-250, s. 8.
Marginal note:Form and content of complaint
11 A complaint must be filed with the Board in writing and must include
(a) the name, telephone number and fax number of the complainant, and a mailing address or electronic mail address that can be disclosed to all parties;
(b) [Repealed, SOR/2011-116, s. 5]
(c) the name, address, telephone number, fax number and electronic mail address of the complainant’s authorized representative, if any;
(d) the number or identifier, if any, of the process to which the complaint relates;
(e) a copy of the notice of lay-off, revocation, appointment or proposed appointment to which the complaint relates;
(f) the name of the department or agency, branch or sector involved in the process to which the complaint relates;
(g) a reference to the provision of the Act under which the complaint is made;
(h) a full factual description of the events, circumstances or actions giving rise to the complaint, to the extent known by the complainant;
(i) the signature of the complainant or their authorized representative; and
(j) the date of the complaint.
- SOR/2011-116, s. 5;
- SOR/2014-250, s. 7.
- Date modified: