Vol. 148, No. 24 — November 19, 2014

Registration

SOR/2014-250 November 3, 2014

PUBLIC SERVICE LABOUR RELATIONS AND EMPLOYMENT BOARD ACT
PUBLIC SERVICE EMPLOYMENT ACT

Regulations Amending the Public Service Staffing Tribunal Regulations

The Public Service Labour Relations and Employment Board, pursuant to section 36 of the Public Service Labour Relations and Employment Board Act (see footnote a) and section 109 of the Public Service Employment Act (see footnote b), makes the annexed Regulations Amending the Public Service Staffing Tribunal Regulations.

Ottawa, November 2, 2014

CATHERINE EBBS
Chairperson of the Public Service Labour Relations and
Employment Board

REGULATIONS AMENDING THE PUBLIC SERVICE STAFFING TRIBUNAL REGULATIONS

AMENDMENTS

1. The title of the Public Service Staffing Tribunal Regulations (see footnote 1) is replaced by the following:

2. (1) The definition “Executive Director” in subsection 1(1) of the Regulations is repealed.

(2) The definition “partie” in subsection 1(1) of the French version of the Regulations is replaced by the following:

“partie”
« party »

“partie” Quiconque a le droit de se faire entendre en vertu du paragraphe 65(3), de l’article 75, du paragraphe 79(1) ou de l’article 85 de la Loi.

3. The Regulations are amended by adding the following before section 9:

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.

4. Paragraph 15(1)(b) of the English version of the Regulations is replaced by the following:

5. Paragraph 19(4)(b) of the French version of the Regulations is replaced by the following:

6. Paragraph 23(1)(b) of the French version of the Regulations is replaced by the following:

7. The Regulations are amended by replacing “Executive Director” with “Board” in the following provisions:

8. The Regulations are amended by replacing “Tribunal” with “Board” in the following provisions:

COMING INTO FORCE

9. These Regulations come into force on the day on which sections 365 to 466 of the Economic Action Plan 2013 Act, No. 2, chapter 40 of the Statutes of Canada, 2013, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Specific provisions of the Public Service Staffing Tribunal Regulations relating to matters arising before the previous Public Service Staffing Tribunal (the PSST) were required to be amended due to the coming into force on November 1, 2014, of specific provisions of the Economic Action Plan 2013 Act, No. 2, chapter 40 of the Statutes of Canada, 2013 (the EAP 2013 Act No. 2).

Background

Divisions 17 and 18 of the EAP 2013 Act No. 2 amend parts of the Public Service Employment Act (PSEA).

The specific provisions of the EAP 2013 Act No. 2 that are coming into force include the following changes in relation to the PSEA:

Objectives

Changes to the regulations of the previous Public Service Staffing Tribunal are being made to ensure as smooth a transition as possible with the coming into force of the portions of the EAP 2013 Act No. 2, including the PSLREB Act (Division 18 of the EAP 2013 Act No. 2). The amendments will also ensure greater certainty and transparency in understanding the operational processes of the PSLREB in relation to the statutory changes to the PSEA.

Solution and legislative authority

Regulatory amendment is the most efficient manner in which to address these legislative changes. The amendments will foster both a smooth transition and greater certainty and transparency resulting from these statutory changes.

The Board derives its authority to make regulations pursuant to section 109 of the PSEA and section 36 of the PSLREB Act. In addition, the PSLREB Act gives the Board regulation-making power in several designated areas, as well as on any other matters or things that are incidental or conducive to the exercise of the Board’s powers and the performance of its duties and functions.

Key changes in matters governed by the Regulations include the following:

Benefits and costs

The amendments relate solely to the Board’s practices and procedures. They are minimal in nature and for the most part reflect only those changes that have been made to the PSEA as a result of the coming into force of specific provisions of the EAP 2013 Act No. 2, which will also include the consequent coming into force of the PSLREB Act. The primary goal of the amendments is to ensure a smooth transition in processes and procedures that affect stakeholders in relation to the changes made to the PSEA. It is expected that the amendments will address concerns of the stakeholders to the extent possible and that they will also assist the parties and the Board in managing the transitions under the EAP 2013 Act No. 2 and the PSLREB Act more efficiently.

No additional costs to the Government or to those covered by the Regulations are expected, and no additional resources are necessary to ensure compliance and enforcement.

Consultation

The Web site of the Public Service Staffing Tribunal provided information about the statutory changes arising from the EAP 2013 Act No. 2 following the coming into force of these statutes. Consultation with the stakeholders was initiated in October 2014 with a letter to major stakeholders to inform them of the need to make changes to the previous regulations in order to reflect changes that would be coming into force with the EAP 2013 Act No. 2 and the consequent enactment of the PSLREB Act. A draft copy of the Regulations containing proposed changes was sent to all of the Board’s stakeholders — deputy heads, central agencies and bargaining agents — for comment in October 2014. The stakeholders were advised that the changes were to form only and did not alter the complaint process itself. They were also advised of the relatively short time frame within which their comments could be provided.

Implementation, enforcement and service standards

When rendering decisions related to staffing complaints before the Board, the Board will interpret and apply the Regulations in accordance with principles of statutory interpretation and the principles established in the PSEA for the conduct of appointment processes, such as fairness, access and transparency.

Coming into force

The Regulations come into force on the day on which sections 365 to 466 of the Economic Action Plan 2013 Act, No. 2, chapter 40 of the Statutes of Canada, 2013, come into force, but if they are registered after that day, they come into force on the day on which they are registered.

Contact

Sylvie Guilbert
Executive Director and General Counsel
Public Service Labour Relations and Employment Board
C.D. Howe Building
240 Sparks Street, West Tower, 6th Floor
P.O. Box 1525, Station B
Ottawa, Ontario
K1P 5V2
Telephone: 613-990-1830
Fax: 613-990-1849