An Act to amend the Federal Public Sector Labour Relations Act and other Acts (S.C. 2018, c. 24)
| Published date | 12 March 2019 |
| Section | Part III - Acts of Parliament |
| Gazette Issue | 2 - [object Object] |
S.C. 2018, c. 24
Assented to 2018-11-26
An Act to amend the Federal Public Sector Labour Relations Act and other Acts
This enactment amends the Federal Public Sector Labour Relations Act to restore the procedures for the choice of process of dispute resolution including those involving essential services, arbitration, conciliation and alternative dispute resolution that existed before December 13, 2013.
It also amends the Public Sector Equitable Compensation Act to restore the procedures applicable to arbitration and conciliation that existed before December 13, 2013.
It repeals provisions of the Economic Action Plan 2013 Act, No. 2 that are not in force that amend the Federal Public Sector Labour Relations Act, the Canadian Human Rights Act, and the Public Service Employment Act and it repeals not in force provisions of the Economic Action Plan 2014 Act, No. 1 that amend those provisions.
It repeals Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1, which authorizes the Treasury Board to establish and modify, despite the Federal Public Sector Labour Relations Act, terms and conditions of employment related to the sick leave of employees who are employed in the core public administration.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:2013, c. 40, s. 294(2)
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1 (1) The definition essential service in subsection 4(1) of the Federal Public Sector Labour Relations Act is replaced by the following:
- essential service
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. (services essentiels)
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(2) Subsection 4(1) of the Act is amended by adding the following in alphabetical order:
- essential services agreement
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essential services agreement means an agreement between the employer and the bargaining agent for a bargaining unit that identifies
(a) the types of positions in the bargaining unit that are necessary for the employer to provide essential services;
(b) the number of those positions that are necessary for that purpose; and
(c) the specific positions that are necessary for that purpose. (entente sur les services essentiels)
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(3) Section 4 of the Act is amended by adding the following after subsection (1):
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Marginal note:When position is necessary
(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,
(a) to perform the duties of the position that relate to the provision of essential services; or
(b) to be available during his or her off-duty hours to report to work without delay to perform those duties if required to do so by the employer.
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2 Section 39 of the Act is amended by adding the following after paragraph (g):
(h) the manner of giving notices referred to in subsection 103(1), and the form of those notices, and the manner of making applications referred to in subsection 104(1), and the form of those applications;
3 Section 67 of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) the employee organization is substituted as a party to any essential services agreement that is in force, in the place of the bargaining agent named in the agreement or its successor.
Marginal note:2013, c. 40, s. 300; 2017, c. 9, s. 12
4 Subsections 79(1) and (2) of the Act are replaced by the following:
Marginal note:Mergers, amalgamations and transfers of jurisdiction
79 (1) If, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations, other than as a result of a revocation of certification, an employee organization succeeds another one that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor is deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, an arbitral award, an essential services agreement or otherwise.
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Marginal note:Board to determine questions
(2) If any question arises in respect of a merger, amalgamation or transfer of jurisdiction referred to in subsection (1) concerning the rights, privileges and duties of an employee organization under this Part or Division 1 of Part 2.1 or under a collective agreement, an arbitral award or an essential services agreement in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained.
5 Subsection 101(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) subject to paragraph 67(e), any essential services agreement that is in force in respect of positions in the bargaining unit ceases to be in force.
Marginal note:2013, c. 40, s. 302
6 Division 6 of Part 1 of the Act is replaced by the following:
Marginal note:Choice of process
103 (1) A bargaining agent for a bargaining unit must notify the Board, in accordance with the regulations, of the process it has chosen — either arbitration or conciliation — to be the process for the resolution of disputes to which it may be a party.
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Marginal note:Recording of process
(2) The Board must record the process chosen by the bargaining agent for the resolution of disputes.
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Marginal note:Period during which process to apply
(3) The process recorded by the Board applies to the bargaining unit for the resolution of all disputes from the day on which a notice to bargain collectively in respect of the bargaining unit is given after the process is chosen, and it applies until the process is changed in accordance with section 104.
Marginal note:Change of process
104 (1) A bargaining agent for a bargaining unit that wishes to change the process for the resolution of a dispute that is applicable to the bargaining unit may apply to the Board, in accordance with the regulations, to record the change.
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Marginal note:Recording of change
(2) On receiving the application, the Board must record the change of process.
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Marginal note:Effective date and duration
(3) A change in the process for the resolution of a dispute becomes effective on the day that a notice to bargain collectively is given after the change is recorded and remains in force until the process is changed in accordance with this section.
Marginal note:2013, c. 40, s. 303
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7 (1) Subsection 105(1) of the Act is replaced by the following:
Marginal note:Notice to bargain collectively
105 (1) 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.
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Marginal note:2013, c. 40, s. 303
(2) The portion of paragraph 105(2) of the Act before paragraph (a) is replaced by the following:
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Marginal note:When notice may be given
(2) The notice to bargain collectively may be given
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Marginal note:2013, c. 40, s. 303
(3) Paragraph 105(2)(b) of the Act is replaced by the following:
(b) if a collective agreement or arbitral award is in force, within the four months before it ceases to be in force.
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Marginal note:2013, c. 40, s. 303
(4) Subsection 105(2.1) of the Act is repealed.
Marginal note:2013, c. 40, s. 304(1)
8 The portion of section 107 of the Act before paragraph (a) is replaced by the following:
Marginal note:Duty to observe terms and conditions
107 Unless the parties otherwise agree, and subject to section 132, after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or
Marginal note:2013, c. 40, s. 305
9 Sections 119 to 125 of the Act are replaced by the following:
Marginal note:Application of Division
119 This Division applies to the employer and the bargaining agent for a bargaining unit when the process for the resolution of a dispute applicable to the bargaining unit is conciliation.
Marginal note:Employer determines levels of service
120 The employer has the exclusive right to determine the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided. Nothing in this Division is to be construed as limiting that right.
Marginal note:Proportion of duties may vary during strike
121 (1) For the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, the employer and the bargaining agent may agree that some employees in the bargaining unit will be required by the employer to perform their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally.
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Marginal note:Determination of number of necessary employees
(2) For the purposes of subsection (1), the number of employees in the...
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