Public-sector labour regulations updated

Summary#

These are final rules that change the Federal Public Sector Labour Relations Regulations. The changes, made by the Federal Public Sector Labour Relations and Employment Board, update how the Board runs its files and how parties file documents. The regulations came into force on the day they were registered (March 6, 2020) and were published in the Canada Gazette on March 18, 2020.

What it does#

• Lets people send and file documents by electronic means. The regulations add plain definitions for contact information, day, and signature to match electronic filing.
• Introduces a new status-review step so the Board can ask parties why a case should stay open and then deem a case withdrawn if there is no reply.
• Changes when a document is treated as received by the Board (e.g., when sent by courier, by email or fax, or by post). It removes the old requirement that documents be received by 4:00 p.m. Ottawa time.
• Sets clear response and notice times in many places, for example:
  • a reply to most initiating documents must be filed no later than 15 days after a party gets a copy;
  • notice of a hearing must be given at least 7 days in advance;
  • notice of a pre-hearing conference must be given at least 3 days in advance.
• Expands the kinds of matters that count as an initiating document to include applications related to an essential services agreement, emergency amendments of such agreements, and requests for time extensions.
• Removes the set of forms that used to be embedded in the regulations (the schedule). The Board will keep forms outside the regulations so they can be changed more easily.
• Removes the rule that required filing multiple paper copies of documents.
• Adds the Royal Canadian Mounted Police into certification and revocation procedures.
• Restores or aligns certain procedural rules to match recent changes to the Federal Public Sector Labour Relations Act and related laws (including changes from Bill C-62).
• Replaces many uses of the word “shall” with “must” in the English text (editorial change to modernize language).

Who's affected#

• Employers and bargaining agents in the federal public service will notice the biggest changes, because the rules change how disputes, certifications and grievances are started and processed.
• Employees who are parties to grievances, certification or revocation applications could be affected by new filing methods, posting rules and the status-review step.
• The Royal Canadian Mounted Police are now explicitly included in some procedures.
• The Federal Public Sector Labour Relations and Employment Board will use the new procedures to manage its caseload.
  If it is unclear whether a particular type of case or small administrative change affects you, the Board’s published forms and guidance will have the operational details.

Why it matters#

• Filing is simpler and more modern: electronic filing and clearer definitions mean fewer disputes about whether a document was filed on time. Deadlines like 15 days, 7 days and 3 days are now clearer in the rules.
• The Board can clear out dormant or inactive files faster with the new status-review step. That may speed up handling of active cases.
• Removing forms from the regulations makes it quicker for the Board to update forms without changing the law. That provides flexibility but means parties should check the Board’s website for the current forms.
• These are procedural changes only: they do not change substantive labour rights under the Act and are intended to improve the efficiency and clarity of how federal public-sector labour disputes are handled. The government’s analysis says the amendments do not affect federal revenues and have no negative financial impact on stakeholders.