Bill C-43: An Act to enact the Royal Canadian Mounted Police Labour Relations Modernization Act and to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts

C-43 Third Session, Fortieth Parliament, 59 Elizabeth II, 2010 HOUSE OF COMMONS OF CANADA BILL C-43 An Act to enact the Royal Canadian Mounted Police Labour Relations Modernization Act and to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts first reading, June 17, 2010 PRESIDENT OF THE TREASURY BOARD 90568 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to enact the Royal Canadian Mounted Police Labour Relations Modernization Act and to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts”. SUMMARY Part 1 enacts the Royal Canadian Mounted Police Labour Relations Modernization Act to provide a labour relations regime for members of the Royal Canadian Mounted Police. It requires that the Commissioner of the Royal Canadian Mounted Police establish a consultation committee for the purpose of exchanging information and obtaining views on workplace issues. It also provides for a mechanism for an employee organization to acquire collective bargaining rights for members, as well as provisions regulating collective bargaining, binding arbitration, unfair labour practices, and grievance and adjudication processes. It also provides that the Public Service Labour Relations Board, established under the Public Service Labour Relations Act, will administer the Act. Part 2 amends the Royal Canadian Mounted Police Act to align it with the labour relations regime established under Part 1. It authorizes the Commissioner of the Royal Canadian Mounted Police to appoint, demote and promote officers. It also provides the Commissioner with the authority to establish periods of probation for new members and to terminate the employment of a member on probation. In addition, it provides the Commissioner with human resource management powers that are similar to those granted to other deputy heads in the core public administration under subsection 12(1) of the Financial Administration Act, with adaptations appropriate to a policing context. It authorizes the Commissioner to make rules relating to human resource management processes and for the training, conduct, performance of duties and discipline of members and for the organization, efficiency, administration or good government of the Royal Canadian Mounted Police. It also provides the Treasury Board with authority to determine categories of members and to establish policies or directives respecting the manner in which the Commissioner may deal with grievances. Part 3 provides that any member of the Royal Canadian Mounted Police who does not fall within the category of member as determined by the Treasury Board will be deemed to have been appointed under the Public Service Employment Act. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO ENACT THE ROYAL CANADIAN MOUNTED POLICE LABOUR RELATIONS MODERNIZATION ACT AND TO AMEND THE ROYAL CANADIAN MOUNTED POLICE ACT AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS SHORT TITLE 1.       Royal Canadian Mounted Police Modernization Act PART 1 ROYAL CANADIAN MOUNTED POLICE LABOUR RELATIONS MODERNIZATION ACT Enactment of Act 2.       Enactment AN ACT TO ESTABLISH A MODERN LABOUR RELATIONS REGIME FOR THE ROYAL CANADIAN MOUNTED POLICE        Preamble        SHORT TITLE 1.       Royal Canadian Mounted Police Labour Relations Modernization Act INTERPRETATION 2.       Definitions 3.       Descriptive cross-references DESIGNATION OF MINISTER 4.       Order designating Minister PART 1 LABOUR RELATIONS Interpretation 5.       Definitions Division 1 Employee Freedoms 6.       Employee freedoms Division 2 Duties of Peace Officers 7.       Duties preserved Division 3 Management Rights 8.       Right of Treasury Board preserved 9.       Right of employer preserved Division 4 Consultation Committees and Co-development 10.       Consultation committee 11.       Definition of “co-development of workplace improvements” 12.       Co-development of workplace improvements 13.       National Joint Council Division 5 Public Service Labour Relations Board Public Service Labour Relations Act Provisions 14.       Application of Public Service Labour Relations Act Powers and Functions of the Board 15.       Powers and functions of the Board 16.       Provision of assistance to parties 17.       Delegation by Board 18.       Authority to make regulations 19.       Powers of Board 20.       Adjournment of proceedings 21.       Determination without oral hearing 22.       Scope of orders 23.       Review of orders and decisions Judicial Review and Enforcement of Orders 24.       Orders not to be reviewed by court 25.       Filing of Board’s orders in Federal Court Division 6 Bargaining Rights Certification of Bargaining Agent Application for Certification 26.       Right to apply 27.       Agreements for term of two years or less 28.       Continuation of terms and conditions Determination of Appropriate Bargaining Unit 29.       Determination of bargaining unit 30.       Determination of questions of membership in the bargaining unit Managerial or Confidential Positions 31.       Application 32.       Copy to employee organization 33.       Objection 34.       Decision on objection 35.       When no objection filed Certification 36.       Conditions for certification 37.       Representation vote Where Certification Prohibited 38.       Employer participation Effect of Certification 39.       Effect of certification 40.       Termination of existing collective agreement or arbitral award 41.       Rights of previous or new bargaining agent Managerial or Confidential Positions 42.       Application 43.       Copy to bargaining agent 44.       Objection 45.       Decision on objection 46.       When no objection filed 47.       Membership dues 48.       Application for revocation of order 49.       Decision Successor Rights and Obligations 50.       Mergers, amalgamations and transfers of jurisdiction Revocation of Certification 51.       When employee organization no longer represents employees 52.       Taking of representation vote 53.       Revocation of certification 54.       Certification obtained by fraud 55.       Employer participation or discrimination 56.       Change in mandate 57.       Abandonment of certification 58.       Council of employee organizations 59.       Effect of revocation 60.       Direction Division 7 Collective Bargaining and Collective Agreements Negotiation of Collective Agreements Notice to Bargain Collectively 61.       Notice to bargain collectively Effect of Notice 62.       Duty to bargain in good faith 63.       Duty to observe terms and conditions Two-tier Bargaining 64.       Two-tier bargaining Collective Agreements Authority to Enter into Agreement 65.       Authority of Treasury Board Restriction on Content of Collective Agreement 66.       Restrictions Duration and Effect 67.       Agreement is binding 68.       When agreement has effect 69.       Minimum duration 70.       Duty to implement provisions of the collective agreement Amendments 71.       Parties may amend Division 8 Dispute Resolution Mediation 72.       Appointment of mediator Alternate Dispute Resolution Process 73.       Alternate dispute resolution process Vote on Employer’s Offer 74.       Minister may order vote to be held Division 9 Arbitration Application of Division 75.       Application Request for Arbitration 76.       Request for arbitration Establishment of Arbitration Board 77.       Establishment 78.       Constitution 79.       Board with single member 80.       Board with three members 81.       Eligibility 82.       Notification of establishment 83.       Death, incapacity or resignation of single member Referral to Arbitration 84.       Referral to arbitration Duty and Powers 85.       Assistance to parties 86.       Procedure 87.       Powers 88.       Factors to be considered Making of Arbitral Award 89.       Making of arbitral award 90.       Restrictions 91.       Decision of majority 92.       Form of award 93.       Copy sent to parties Duration and Operation of Arbitral Award 94.       Binding effect 95.       When arbitral award has effect 96.       Term of arbitral award Implementation 97.       Duty to implement provisions of the arbitral award Matters Not Dealt With 98.       Reference of matters not dealt with Amendment 99.       Amendment Division 10 Unfair Labour Practices 100.       Definition of “unfair labour practice” 101.       Unfair labour practices — employer 102.       Unfair representation by bargaining agent 103.       Unfair labour practices — employee organizations 104.       Unfair labour practices — persons 105.       Other unfair labour practices Division 11 Complaints 106.       Complaints 107.       Duty and power of the Board 108.       Orders Division 12 Prohibitions and Enforcement Acts of Officers and Representatives of Employee Organizations 109.       Acts deemed to be those of employee organization Prohibitions Relating to Strikes 110.       Declaration or authorization of strike prohibited 111.       Participation in strike prohibited 112.       Counselling in respect of strikes Declarations and Orders Relating to Strikes 113.       Application for declaration that conduct is unlawful Prohibition Relating to Counselling 114.       Counselling in respect of peace officer duties Offences and Punishment 115.       Persons 116.       Employee organizations 117.       Officers and representatives of employee organizations 118.       Employer 119.       Other employee organizations 120.       Consent to prosecution PART 2 GRIEVANCES Interpretation 121.       Definitions Conflict Management 122.       Informal conflict management system Individual Grievances Presentation 123.       Right of employee Reference to Adjudication 124.       Reference to adjudication 125.       Notice to Canadian Human Rights Commission 126.       Exception Representation 127.       Right to be represented by employee organization 128.       Right to be represented by employee organization Binding Effect 129.       Binding effect Group Grievances Presentation 130.       Right of bargaining agent Reference to Adjudication 131.       Reference to adjudication 132.       Notice to Canadian Human Rights Commission Withdrawal from Group Grievance 133.       Right of employee to withdraw 134.       Effect of notice Policy Grievances Presentation 135.       Right of employer and bargaining agent Reference to Adjudication 136.       Reference to adjudication 137.       Notice to Canadian Human Rights Commission Adjudication Referral by Chairperson 138.       Notice Board of Adjudication 139.       Constitution Jurisdiction 140.       Compliance with procedures Powers 141.       Powers 142.       Adjournment of proceedings 143.       Determination without oral hearing Decision of Adjudicator 144.       Hearing of grievance 145.       Decision requiring amendment 146.       Determination of reasonableness of opinion 147.       Decision in respect of certain policy grievances 148.       Decisions not to be reviewed by court 149.       Filing of order in Federal Court Expenses of Adjudication 150.       Aggrieved employee not represented by agent No Right of Action 151.       Disputes relating to employment Regulations 152.       Regulations 153.       Regulations PART 3 OCCUPATIONAL HEALTH AND SAFETY Non-Application 154.       Section 240 of the Public Service Labour Relations Act Part II of Canada Labour Code 155.       Application to the Royal Canadian Mounted Police PART 4 GENERAL Defects in Proceedings 156.       Defect in form or irregularity Restriction on Admissibility of Evidence 157.       Admissibility Protection 158.       Evidence respecting information obtained 159.       No disclosure of notes and drafts 160.       Criminal or civil proceedings Oaths and Solemn Affirmations 161.       Oath or solemn affirmation Remuneration and Expenses 162.       Remuneration and expenses Witness Fees 163.       Payment of witness fees Provision of Facilities and Human Resources 164.       Facilities and human resources Application of Safety or Security Provisions 165.       Application of safety or security provisions Annual Report 166.       Obligation to prepare Five-year Review 167.       Review Consequential Amendments 3.       Budget Implementation Act, 2009 4.       Canada Labour Code 5-6.       Expenditure Restraint Act 7.       Public Servants Disclosure Protection Act 8.       Public Service Labour Relations Act 9.       Status of the Artist Act Coordinating Amendments 10.       Budget Implementation Act, 2009 11.       Bill C-38 PART 2 ROYAL CANADIAN MOUNTED POLICE ACT Amendments to the Act 12-36.       Amendments Consequential Amendments 37.       Access to Information Act 38.       Conflict of Interest Act 39-41.       Financial Administration Act 42.       Privacy Act 43-52.       Public Servants Disclosure Protection Act Transitional Provisions 53.       Officers 54.       Grievances 55.       Formal disciplinary action 56.       Discharge on grounds of unsuitability 57.       Administrative discharge 58.       Voluntary resignation 59.       Discharge of deceased member Coordinating Amendments 60.       Bill C-38 PART 3 PERSONS DEEMED TO BE APPOINTED UNDER THE PUBLIC SERVICE EMPLOYMENT ACT 61.       Deemed employment PART 4 COMING INTO FORCE 62.       Order in council .vis1 {position: absolute;display:block;} .vis2 {position: static;} 3rd Session, 40th Parliament, 59 Elizabeth II, 2010 house of commons of canada BILL C-43 An Act to enact the Royal Canadian Mounted Police Labour Relations Modernization Act and to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Royal Canadian Mounted Police Modernization Act. PART 1 ROYAL CANADIAN MOUNTED POLICE LABOUR RELATIONS MODERNIZATION ACT Enactment of Act 2. The Royal Canadian Mounted Police Labour Relations Modernization Act is enacted as follows: An Act to establish a modern labour relations regime for the Royal Canadian Mounted Police Preamble Whereas a public service labour relations regime must operate in a context where protection of the public interest is paramount; a labour relations regime that applies to members of the Royal Canadian Mounted Police must take into account the unique role of that police force in protecting public safety and national security and its need to deploy its members as it sees fit; effective labour relations represents a cornerstone of good human resource management, and collaborative efforts, through communication and sustained dialogue, improve the ability of the Royal Canadian Mounted Police to serve and protect Canada’s interest in public safety and national security; the Government of Canada is committed to fair, credible and efficient resolution of matters arising in respect of terms and conditions of employment; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Royal Canadian Mounted Police Labour Relations Modernization Act. INTERPRETATION Definitions 2. (1) The following definitions apply in this Act. “adjudicator”« arbitre de grief » “adjudicator” means a person assigned to hear and determine a grievance referred to adjudication under subsection 124(1) or section 131 or 136 and includes, if the context permits, a board of adjudication established under paragraph 138(2)(c), a person named as an adjudicator in a collective agreement and a person otherwise selected as an adjudicator by the parties to the grievance. “arbitral award”« décision arbitrale » “arbitral award” means an award made by an arbitration board in respect of a dispute. “arbitration board”« conseil d’arbitrage » “arbitration board” means a board established under Division 9 of Part 1. “bargaining agent”« agent négociateur » “bargaining agent” means an employee organization that is certified by the Board as the bargaining agent for the employees in a bargaining unit. “bargaining unit”« unité de négociation » “bargaining unit” means a group of employees that is determined by the Board to constitute a unit of employees appropriate for collective bargaining. “Board”« Commission » “Board” means the Public Service Labour Relations Board established by section 12 of the Public Service Labour Relations Act. “Board member”« commissaire » “Board member” means a member of the Board, whether full-time or part-time. “Chairperson”« président » “Chairperson” means the Chairperson of the Board. “collective agreement”« convention collective » “collective agreement” means an agreement in writing, entered into under Part 1 between the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters. “Commissioner”Version anglaise seulement “Commissioner” means the Commissioner of the Royal Canadian Mounted Police. “council of employee organizations”« regroupement d’organisations syndicales » “council of employee organizations” means a council formed by two or more employee organizations. “dispute”« différend » “dispute” means a dispute or difference that arises in connection with the entering into, renewal or revision of a collective agreement and in respect of which arbitration may be requested under subsection 76(1). “employee”« employé » “employee”, except in Part 2, means a person employed in the public service as a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, other than (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act; (b) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; (c) a person locally engaged outside Canada; (d) a person not ordinarily required to work more than one third of the normal period for persons doing similar work; (e) a person employed on a casual basis; (f) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more; (g) a person who occupies a managerial or confidential position; or (h) a person who is employed under a program designated by the employer as a student employment program. “employee organization”« organisation syndicale » “employee organization” means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of Parts 1 and 2, and the primary mandate of which is the representation of police officers, and includes, unless the context otherwise requires, a council of employee organizations. “employer”« employeur » “employer” means Her Majesty in right of Canada as represented by the Treasury Board. “managerial or confidential position”« poste de direction ou de confiance » “managerial or confidential position” means a position declared to be a managerial or confidential position by an order made by the Board under subsection 34(1), section 35, subsection 45(1) or section 46. “membership dues”« cotisations syndicales » “membership dues”, in respect of employees represented by a bargaining agent, means the amount that the employer is required to deduct from the pay of the employees and remit to the bargaining agent under any collective agreement that is entered into between the employer and the bargaining agent. “Minister”« ministre » “Minister”, in respect of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated under section 4 as the Minister for the purposes of that provision. “public service”« fonction publique » “public service” means the several positions in or under (a) the departments named in Schedule I to the Financial Administration Act; (b) the other portions of the federal public administration named in Schedule IV to that Act; and (c) the separate agencies named in Schedule V to that Act. “strike”« grève » “strike” includes a cessation of work or a refusal to work or to continue to work by persons employed in the public service, in combination, in concert or in accordance with a common understanding, and a slow-down of work or any other concerted activity on the part of such persons that is designed to restrict or limit output. Employment status preserved (2) A person does not cease to be employed in the public service by reason only of the termination of the person’s employment contrary to this Act or any other Act of Parliament. Persons who are not employees (3) For greater certainty, a person is not an employee if (a) the person is engaged under subsection 50(1) of the Public Service Labour Relations Act; or (b) the person’s compensation for the per- formance of the regular duties of the person’s position or office consists of fees of office or is related to the revenue of the office in which the person is employed. References to occupants of positions (4) Every reference to a person who occupies a position, or to the occupant of a position, includes a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position, and a reference to a person’s position includes the position of a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position. Descriptive cross-references 3. If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject matter of that other provision, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only. DESIGNATION OF MINISTER Order designating Minister 4. (1) The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada, other than a member of the Treasury Board, as the Minister for the purposes of the provisions of this Act other than section 167. Order designating Minister (2) The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada as the Minister for the purposes of section 167. PART 1 LABOUR RELATIONS Interpretation Definitions 5. The following definitions apply in this Part. “mediator”« médiateur » “mediator” means a person appointed as a mediator under subsection 72(1). “National Joint Council”« Conseil national mixte » “National Joint Council” means the National Joint Council whose establishment was authorized by Order in Council P.C. 3676, dated May 16, 1944. “parties”« parties » “parties”, in relation to collective bargaining, arbitration, mediation or a dispute, means the employer and the bargaining agent. Division 1 Employee Freedoms Employee freedoms 6. Every employee is free to join the employee organization of his or her choice and to participate in its lawful activities. Division 2 Duties of Peace Officers Duties preserved 7. Nothing in this Act is to be construed as affecting any duties of employees who are peace officers, including those imposed under the Royal Canadian Mounted Police Act. Division 3 Management Rights Right of Treasury Board preserved 8. Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board under paragraph 7(1)(b) of the Financial Administration Act. Right of employer preserved 9. Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board to determine the organization of those portions of the federal public administration for which it represents Her Majesty in right of Canada as employer, to determine categories of members, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or to assign duties to, and to classify, positions and persons employed in those portions of the federal public administration. Division 4 Consultation Committees and Co-development Consultation committee 10. (1) The Commissioner must establish a consultation committee for the purpose of exchanging information and obtaining views and advice on workplace issues. Composition of committee (2) The consultation committee consists of (a) representatives of the Commissioner and of the employees, if there is no bargaining agent; or (b) representatives of the Commissioner, the bargaining agent and representatives of the employees who are not included in the bargaining unit, if there is a bargaining agent. Definition of “co-development of workplace improvements” 11. For the purpose of this Division, “co-development of workplace improvements” means consultation on workplace issues and participation in the identification of workplace problems and development and analysis of solutions to those problems with a view to adopting mutually agreed to solutions. Co-development of workplace improvements 12. The employer, or the Commissioner, may engage in co-development of workplace improvements together with (a) representatives of the employees, if there is no bargaining agent; or (b) the bargaining agent and representatives of the employees who are not included in the bargaining unit, if there is a bargaining agent. National Joint Council 13. Co-development of workplace improvements by the employer and a bargaining agent may take place under the auspices of the National Joint Council or any other body they may agree on. Division 5 Public Service Labour Relations Board Public Service Labour Relations Act Provisions Application of Public Service Labour Relations Act 14. Unless otherwise provided in this Act, sections 13 to 17 and 31 to 35 of the Public Service Labour Relations Act respecting the Board apply also in respect of this Act except that, for the purpose of that application, (a) a reference to “this Act” in any of those provisions is to be read as a reference to this Act; (b) a reference to “this Part” in any of those provisions is to be read as a reference to this Part; (c) a reference to “Part 2” in any of those provisions is to be read as a reference to Part 2; (d) a reference to “Part 3” in any of those provisions is to be read as a reference to Part 3; and (e) words and expressions used in those provisions that are defined in section 2 or 5 have the meaning given to them by that section. Powers and Functions of the Board Powers and functions of the Board 15. The Board administers this Act and may exercise the powers and perform the functions that are conferred or imposed on it by this Act, or that are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, regulations made under it or decisions made in respect of a matter coming before the Board. In doing so, it must take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members as it sees fit. Provision of assistance to parties 16. The Board, or any Board member or employee of the Board designated by the Board, may, if the parties agree, assist the parties in resolving any issue in dispute at any stage of a proceeding by any means that the Board considers appropriate, without prejudice to its power to determine issues that have not been settled. Delegation by Board 17. The Board may authorize the Chairperson to exercise any of its powers or perform any of its functions, other than the power to make regulations. Authority to make regulations 18. The Board may make regulations concerning (a) the certification of a bargaining agent for the bargaining unit; (b) the determination of the unit appropriate for collective bargaining; (c) the time and manner of making applications under section 31, the provision of copies of those applications and the filing of objections in respect of any positions referred to in those applications; (d) the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 36(1)(c); (e) the manner of making applications under sections 42 and 48, the time and manner of providing copies of those applications and the time and manner of the filing of objections in respect of any positions referred to in applications under section 42; (f) the rights, privileges and duties that are acquired or retained by an employee organization in respect of the bargaining unit or any employee included in the bargaining unit when there is a merger, an amalgamation or a transfer of jurisdiction between two or more employee organizations; (g) the revocation of certification of the bargaining agent, including the rights and privileges that have accrued to and are retained by any employee despite the revocation; (h) the procedure for hearings; (i) the determination of the form in which, and the time as of which, the following evidence is to be presented to the Board on an application for certification or revocation of certification of the bargaining agent: (i) evidence as to membership of employees in an employee organization, (ii) evidence of objection by employees to certification of an employee organization, and (iii) evidence of signification by employees that they no longer wish to be represented by an employee organization; (j) the circumstances in which evidence referred to in paragraph (i) may be received by it as evidence that any employees wish or do not wish to have a particular employee organization represent them as their bargaining agent, and the circumstances in which it must not make public any evidence so received; and (k) any other matter that is incidental or conducive to the exercise of its powers, the performance of its functions or the attainment of the objects of this Part. Powers of Board 19. (1) The Board has, in relation to any matter before it, the power to (a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record; (b) order pre-hearing procedures, including pre-hearing conferences that are held in private, and direct the date, time and place of the hearings for those procedures; (c) order that a hearing or a pre-hearing conference be conducted using any means of telecommunication that permits all persons participating in the conference to communicate adequately with each other; (d) administer oaths and solemn affirmations; (e) accept any evidence, whether admissible in a court of law or not; (f) examine any evidence that is submitted to it respecting membership of employees in an employee organization seeking certification and, in the case of a council of employee organizations seeking certification, in any employee organization forming part of the council; (g) examine documents forming or relating to the constitution or articles of association of any employee organization seeking certification and, in the case of a council of employee organizations seeking certification, those of any employee organization forming part of the council; (h) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant; (i) require the employer to post and keep posted in appropriate places any notice that the Board considers necessary to bring matters or proceedings before the Board to the attention of employees; (j) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliance or article in the premises and require any person in the premises to answer all questions relating to the matter before it; (k) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer for the purpose of conducting representation votes during working hours; and (l) authorize any person to do anything that the Board may do under paragraphs (d) to (k) and require the person to report to it on what the person has done. Frivolous applications (2) The Board may dismiss summarily any application or complaint that in its opinion is frivolous or vexatious. Adjournment of proceedings 20. (1) The Board must, on the request of the Commissioner or the employer, adjourn all proceedings in relation to any matter before it if it is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding. Maximum period of adjournment (2) No adjournment may be for a period of more than three months. However, the Commissioner or the employer may request more than one adjournment in relation to a matter. Determination without oral hearing 21. The Board may decide any matter before it without holding an oral hearing. Scope of orders 22. In making an order or a decision, or doing any other thing in relation to any person under this Act, the Board may do so either generally or in any particular case or class of cases. Review of orders and decisions 23. (1) Subject to subsection (2), the Board may review, rescind or amend any of its orders or decisions, or may re-hear any application before making an order in respect of the application. Exception (2) A right that is acquired by virtue of an order or a decision that is reviewed, rescinded or amended by the Board may not be altered or extinguished with effect from a day that is earlier than the day on which the review, rescission or amendment is made. Judicial Review and Enforcement of Orders Orders not to be reviewed by court 24. (1) Subject to this Part, every order or decision of the Board is final and may not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act. Standing of Board (2) The Board has standing to appear in proceedings referred to in subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to decisions of the Board and the Board’s jurisdiction, policies and procedures. No review by certiorari, etc. (3) Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under this Part may, on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the Board to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction, (a) be questioned, reviewed, prohibited or restrained; or (b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise. Filing of Board’s orders in Federal Court 25. (1) The Board must, on the request in writing of any person or organization affected by any order of the Board, file a certified copy of the order, exclusive of the reasons for the order, in the Federal Court, unless, in its opinion, (a) there is no indication of failure or likelihood of failure to comply with the order; or (b) there is other good reason why the filing of the order in the Federal Court would serve no useful purpose. Effect of filing (2) An order of the Board becomes an order of the Federal Court when a certified copy of the order is filed in that court, and it may subsequently be enforced as such. Division 6 Bargaining Rights Certification of Bargaining Agent Application for Certification Right to apply 26. Subject to section 27, an employee organization that seeks to be certified as bargaining agent for the group composed of all employees may apply to the Board, in accordance with the regulations, for certification as bargaining agent for the proposed bargaining unit. The Board must notify the employer of the application without delay. Agreements for term of two years or less 27. (1) If a collective agreement, or an arbitral award, with a term of two years or less applies in respect of the employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only after the commencement of the last two months of its term. Agreements for term of more than two years (2) If a collective agreement, or an arbitral award, with a term of more than two years applies in respect of the employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only (a) after the commencement of the twenty-third month of its term and before the commencement of the twenty-fifth month of its term; (b) during the two-month period immediately before the end of each year that the agreement or award continues to be in force after the second year of its term; or (c) after the commencement of the last two months of its term. Agreements for an indefinite term (3) If a collective agreement that applies in respect of the employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent provides that it will continue to operate after the term specified in it for a further term or successive terms if either party fails to give to the other a notice of termination or a notice of its desire to bargain with a view to the renewal of the collective agreement, with or without modifications, the application for certification may be made (a) at any time permitted by subsection (1) or (2), as the case may be; or (b) during the two-month period immediately before the end of each year that the collective agreement continues to operate after the term specified in the collective agreement. Continuation of terms and conditions 28. After being notified of an application for certification made in accordance with this Part, the employer must not, except under a collective agreement or with the consent of the Board, alter the terms and conditions of employment that are applicable to the employees in the proposed bargaining unit and that may be included in a collective agreement until (a) the application has been withdrawn by the employee organization or dismissed by the Board; or (b) 30 days have elapsed after the day on which the Board certifies the employee organization as the bargaining agent for the unit. Determination of Appropriate Bargaining Unit Determination of bargaining unit 29. When an application for certification is made under section 26, the Board must determine that there is a single national bargaining unit appropriate for collective bargaining, being the group composed of all employees. Determination of questions of membership in the bargaining unit 30. On application by the employer or the employee organization affected, the Board must determine every question that arises as to whether any person or class of persons is included in the bargaining unit determined by the Board to constitute a unit appropriate for collective bargaining. Managerial or Confidential Positions Application 31. (1) After being notified of an application for certification made in accordance with this Part, the employer may apply to the Board for an order declaring that any position of an employee in the proposed bargaining unit is a managerial or confidential position on the grounds that (a) the position is confidential to the Governor General, a Minister of the Crown or a deputy head referred to in any of paragraphs (a) to (c) of the definition “deputy head” in subsection 11(1) of the Financial Administration Act; (b) the position is classified by the employer as being in the executive group, by whatever name called; (c) the occupant of the position provides advice on labour relations, staffing or classification; (d) the occupant of the position has substantial duties and responsibilities in the formulation and determination of any policy or program of the Government of Canada; (e) the occupant of the position has substantial management duties, responsibilities and authority over employees or has duties and responsibilities dealing formally on behalf of the employer with grievances presented in accordance with the grievance process provided for under Part 2; (f) the occupant of the position is directly involved in the process of collective bargaining on behalf of the employer; (g) the occupant of the position has duties and responsibilities not otherwise described in this subsection and should not be included in a bargaining unit for reasons of conflict of interest or by reason of the person’s duties and responsibilities to the employer; or (h) the occupant of the position has, in relation to labour relations matters, duties and responsibilities confidential to the occupant of a position described in paragraph (b), (c), (d) or (f). Content of application (2) The application must set out every position that the employer considers to be a position referred to in any of paragraphs (1)(a) to (h). Copy to employee organization 32. The employer must provide the employee organization seeking to be certified with a copy of the application. Objection 33. If the employee organization considers that a particular position in the employer’s application is not a position referred to in any of paragraphs 31(1)(a) to (h), it may file an objection in respect of that position with the Board. Decision on objection 34. (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the employee organization an opportunity to make representations, determine whether the position is a position referred to in any of paragraphs 31(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position. Burden of proof on employee organization (2) The burden of proving that a particular position is not a position referred to in any of paragraphs 31(1)(a) to (c) is on the employee organization. Burden of proof on employer (3) The burden of proving that a particular position is a position referred to in any of paragraphs 31(1)(d) to (h) is on the employer. When no objection filed 35. If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position. Certification Conditions for certification 36. (1) After having determined the unit appropriate for collective bargaining, the Board must certify the applicant employee organization as the bargaining agent for the bargaining unit if it is satisfied (a) that a majority of employees in the bargaining unit wish the applicant employee organization to represent them as their bargaining agent; (b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and (c) if the applicant is a council of employee organizations, that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent. Where previous application denied within six months (2) If an application for certification of an employee organization as the bargaining agent for a proposed bargaining unit has been denied by the Board, the Board must not consider a new application for certification from that employee organization in respect of the same proposed bargaining unit until at least six months have elapsed from the day on which the employee organization was last denied certification, unless the Board is satisfied that the previous application was denied by reason only of a technical error or omission made in connection with the application. Membership in council of employee organizations (3) For the purpose of paragraph (1)(a), membership in any employee organization that forms part of a council of employee organizations is deemed to be membership in the council. Representation vote 37. (1) The Board may order that a representation vote be taken among the employees in the bargaining unit for the purpose of satisfying itself that a majority of them wish the applicant employee organization to represent them as their bargaining agent. Arrangements for vote (2) When the Board orders that a representation vote be taken, it must (a) determine the employees who are eligible to vote; and (b) make any arrangements and give any directions that it considers necessary for the proper conduct of the vote, including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes. Where Certification Prohibited Employer participation 38. (1) The Board must not certify an employee organization as a bargaining agent if it is of the opinion that the employer, or a person acting on behalf of the employer, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit for which it is proposed to be certified. Discrimination (2) The Board must not certify an employee organization as a bargaining agent if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act. Employee organization (3) The Board must not certify an organization that is not an employee organization. Effect of Certification Effect of certification 39. Certification of an employee organization as the bargaining agent for the bargaining unit has the following effects: (a) the employee organization has exclusive authority to bargain collectively on behalf of the employees in the bargaining unit; (b) the certification of any employee organization that was previously certified as the bargaining agent for any employees in the bargaining unit is deemed to be revoked to the extent that the certification relates to those employees; (c) the employee organization is substituted as a party to any collective agreement or arbitral award that affects any employees in the bargaining unit, to the extent that the agreement or award relates to those employees, in the place of the bargaining agent named in the collective agreement or its successor; and (d) the employee organization is deemed to be the bargaining agent for the purposes of section 63. Termination of existing collective agreement or arbitral award 40. An employee organization that is certified as the bargaining agent for the bargaining unit may, despite anything contained in any collective agreement or arbitral award that is binding on any employees in the bargaining unit on the day of certification, terminate the agreement or award, in so far as it applies to the employees in the bargaining unit, on two months’ notice to the employer given within one month from the day of certification. Rights of previous or new bargaining agent 41. Any question as to any right or duty of the previous bargaining agent or the new bargaining agent arising by reason of the application of paragraph 39(b) or (c) or section 40 must, on application by the employer or the previous or new bargaining agent, be determined by the Board. Managerial or Confidential Positions Application 42. (1) The employer may apply to the Board for an order declaring that any position of an employee in a bargaining unit for which a bargaining agent has been certified by the Board is a managerial or confidential position on the grounds that the position is a position referred to in any of paragraphs 31(1)(a) to (h). Content of application (2) The application must set out every position the employer considers to be a position referred to in any of paragraphs 31(1)(a) to (h). Copy to bargaining agent 43. The employer must provide the bargaining agent with a copy of the application. Objection 44. If the bargaining agent considers that a particular position in the employer’s application is not a position referred to in any of paragraphs 31(1)(a) to (h), it may file an objection in respect of that position with the Board. Decision on objection 45. (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is a position referred to in any paragraphs 31(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position. Burden of proof on bargaining agent (2) The burden of proving that a particular position is not a position referred to in any of paragraphs 31(1)(a) to (c) is on the bargaining agent. Burden of proof on employer (3) The burden of proving that a particular position is a position referred to in any of paragraphs 31(1)(d) to (h) is on the employer. When no objection filed 46. If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position. Membership dues 47. (1) If an objection is filed under section 44, the employer must hold the amount that would otherwise be the membership dues in respect of the occupant of the position to which the objection relates until the Board makes an order declaring the position to be a managerial or confidential position, until it dismisses the application in respect of the position or until the objection is withdrawn, as the case may be. Remission of dues to occupant of position (2) If the Board makes an order declaring the position to be a managerial or confidential position or the objection is withdrawn, the amount held by the employer under subsection (1) must be remitted to the person to whom it relates. Remission of dues to bargaining agent (3) If the Board makes an order dismissing the application in respect of the position, the amount held by the employer under subsection (1) must be remitted to the bargaining agent. Application for revocation of order 48. (1) If the bargaining agent considers that a position is no longer a managerial or confidential position, the bargaining agent may apply to the Board for an order revoking the order that declared that position to be a managerial or confidential position. Copy to employer (2) The bargaining agent must provide the employer with a copy of the application. Decision 49. (1) If an application is made under section 48, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is still a managerial or confidential position and, if it determines that it is not, make an order revoking the order that declared the position to be a managerial or confidential position. Burden of proof on bargaining agent (2) The burden of proving that a particular position is no longer a managerial or confidential position is on the bargaining agent. Successor Rights and Obligations Mergers, amalgamations and transfers of jurisdiction 50. (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 or otherwise. 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 under a collective agreement, an arbitral award 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. Inquiry and votes (3) Before making a determination on the application, the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the determination. The provisions of subsection 37(2) apply in relation to the taking of the vote. Revocation of Certification When employee organization no longer represents employees 51. (1) Any person claiming to represent a majority of the employees in the bargaining unit bound by a collective agreement or an arbitral award may apply to the Board for a declaration that the employee organization that is certified as the bargaining agent for the bargaining unit no longer represents a majority of the employees in the bargaining unit. When application may be made (2) The application may be made only during the period in which an application for certification of an employee organization may be made under section 27 in respect of employees in the bargaining unit. Taking of representation vote 52. After the application is made, the Board may order that a representation vote be taken in order to determine whether a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization that is the bargaining agent for the bargaining unit. The provisions of subsection 37(2) apply in relation to the taking of the vote. Revocation of certification 53. If, after hearing the application, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent. Certification obtained by fraud 54. The Board must revoke the certification of an employee organization if the Board is satisfied that it was obtained by fraud. Employer participation or discrimination 55. The Board must revoke the certification of an employee organization as the bargaining agent for the bargaining unit if the Board, on application by the employer or any employee, determines that (a) the employer, or a person acting on behalf of the employer, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit; or (b) the employee organization discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act. Change in mandate 56. The Board must revoke the certification of an employee organization as the bargaining agent for the bargaining unit if the Board, on application by the employer or any employee, determines that the organization no longer has as its primary mandate the representation of police officers. Abandonment of certification 57. The Board must revoke the certification of an employee organization if the employee organization advises the Board that it wishes to give up or abandon its certification or if the Board, on application by the employer or any employee, determines that the employee organization has ceased to act as bargaining agent. Council of employee organizations 58. (1) The Board must revoke the certification of a council of employee organizations that has been certified as a bargaining agent if the Board is satisfied, on application by the employer or an employee organization that forms or has formed part of the council, that the council no longer meets the condition for certification set out in paragraph 36(1)(c) for a council of employee organizations. Application of ss. 51 to 57 (2) The circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 51 to 57. Effect of revocation 59. (1) Revocation of the certification of an employee organization certified as the bargaining agent for the bargaining unit has the following effects: (a) subject to paragraph 39(c), any collective agreement or arbitral award that is binding on the employees in the bargaining unit ceases to be in force; and (b) subject to subsection (2), any rights or privileges flowing from the certification are terminated. Determination of rights of bargaining agent (2) If the certification of an employee organization is revoked by the Board under any of sections 53 and 55 to 58, the Board must, on application by the employee organization or any employee organization that is substituted in the place of a bargaining agent under paragraph 39(c), determine any question as to any right or duty of the employee organization or of the substituted employee organization. Direction 60. If a collective agreement or arbitral award ceases to be in force as a result of the revocation of an employee organization’s certification as the bargaining agent for the bargaining unit, the Board must, on application by or on behalf of any employee in the bargaining unit, by order, direct the manner in which any right of the employee is to be recognized and given effect. Division 7 Collective Bargaining and Collective Agreements Negotiation of Collective Agreements Notice to Bargain Collectively Notice to bargain collectively 61. (1) After the Board has certified an employee organization as the bargaining agent for the bargaining unit, 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. When notice may be given (2) The notice to bargain collectively may be given (a) at any time, if no collective agreement or arbitral award is in force and no request for arbitration has been made by either of the parties in accordance with this Part; or (b) if a collective agreement or arbitral award is in force, within the four months before it ceases to be in force. Copy of notice to Board (3) A party that has given a notice to bargain collectively to another party must send a copy of the notice to the Board. Effect of Notice Duty to bargain in good faith 62. After the notice to bargain collectively is given, the bargaining agent and the employer must, without delay, and in any case within 20 days after the notice is given unless the parties otherwise agree, (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and (b) make every reasonable effort to enter into a collective agreement. Duty to observe terms and conditions 63. Unless the parties otherwise agree, after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit 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 an arbitral award is rendered. Two-tier Bargaining Two-tier bargaining 64. (1) Subject to the other provisions of this Part, the employer, the bargaining agent for the bargaining unit and the Commissioner may jointly elect to engage in collective bargaining respecting any terms and conditions of employment in respect of any employees in the bargaining unit. Duty to bargain in good faith (2) The parties who elect to bargain collectively under subsection (1) must, without delay after the election, (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and (b) make every reasonable effort to reach agreement on the terms and conditions of employment in question. Collective Agreements Authority to Enter into Agreement Authority of Treasury Board 65. The Treasury Board may, in the manner that may be provided for by any rules or procedures determined by it under section 5 of the Financial Administration Act, enter into a collective agreement with the bargaining agent for the bargaining unit. Restriction on Content of Collective Agreement Restrictions 66. A collective agreement must not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; (b) the term or condition is one that has been or may be established under the Royal Canadian Mounted Police Superannuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act; or (c) the term or condition is one that relates to (i) law enforcement techniques, (ii) transfers from one position to another and appointments, (iii) the appraisal of employees, (iv) the length of an employee’s probationary period, (v) the termination of employment for the promotion of economy and efficiency in the Royal Canadian Mounted Police, (vi) the basic requirements for the carrying on of an employee’s duties as a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or (vii) the uniform, order of dress, equipment or medals of the Royal Canadian Mounted Police. Duration and Effect Agreement is binding 67. Subject to, and for the purposes of, this Part, a collective agreement is binding on the employer, the bargaining agent and every employee in the bargaining unit on and after the day on which it has effect. To the extent that the collective agreement deals with matters referred to in section 20.2 of the Royal Canadian Mounted Police Act, the collective agreement is also binding, on and after that day, on the Commissioner. When agreement has effect 68. A collective agreement has effect in respect of the bargaining unit as of (a) the effective date specified in it; or (b) if no effective date is specified, the first day of the month after the month in which the agreement is signed. Minimum duration 69. A collective agreement is deemed to have effect for one year, unless a longer period is specified in the collective agreement. Duty to implement provisions of the collective agreement 70. Subject to the appropriation by or under the authority of Parliament of money that may be required by the employer, the parties must implement the provisions of a collective agreement (a) within the period specified in the collective agreement for that purpose; or (b) if no such period is specified in the collective agreement, within 90 days after the date it is signed or any longer period that the parties may agree to or that the Board, on application by either party, may set. Amendments Parties may amend 71. Nothing in this Part prohibits parties from amending any provision of a collective agreement, other than a provision relating to its term. Division 8 Dispute Resolution Mediation Appointment of mediator 72. (1) The Chairperson may at any time, if requested to do so or on his or her own initiative, appoint a mediator to confer with the parties to a dispute and to endeavour to assist them in settling the dispute by any means that the mediator considers appropriate, including mediation, facilitation and fact-finding, subject to any direction that the Chairperson may give. Report of mediator (2) A mediator must, within 14 days after the date of his or her appointment or within any longer period that the Chairperson may determine, report his or her success or failure to the Chairperson. Alternate Dispute Resolution Process Alternate dispute resolution process 73. (1) Despite any other provision of this Part, the employer and the bargaining agent for the bargaining unit may, at any time in the negotiation of a collective agreement, agree to refer any term or condition of employment of employees in the bargaining unit that may be included in a collective agreement to any eligible person for final and binding determination by whatever process the employer and the bargaining agent agree to. Agreement not unilaterally changeable (2) Unless both parties agree, the referral of a term or condition to a person for final and binding determination remains in force until the determination is made. Form of determination (3) The form of the final and binding determination must, wherever possible, permit the determination to be (a) read and interpreted with, or annexed to and published with, a collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the determination applies; and (b) incorporated into and implemented by any instrument that may be required to be made by the employer or the bargaining agent in respect of the determination. Binding effect (4) The determination is binding on the employer, the bargaining agent and the employees in the bargaining unit and is deemed to be incorporated into any collective agreement binding on the employees in the bargaining unit or, if there is no such agreement, is deemed to be such an agreement. Eligibility (5) A person is not eligible to be appointed as a person who makes a final and binding determination under this section if the person has, at any time during the six months before their date of appointment, acted in respect of any matter concerning employer-employee relations as counsel, agent or mandatary of the employer or of any employee organization that has an interest in the term or condition referred for final and binding determination. Vote on Employer’s Offer Minister may order vote to be held 74. (1) If the Minister is of the opinion that it is in the public interest that the employees in the bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the bargaining agent in respect of all matters remaining in dispute between the parties, the Minister may (a) on any terms and conditions that the Minister considers appropriate, direct that a vote to accept or reject the offer be held by secret ballot as soon as possible among all of the employees in the bargaining unit; and (b) designate the Board, or any other person or body, to be in charge of conducting that vote. Consequences of favourable vote (2) If a majority of the employees participating in the vote accept the employer’s last offer, the parties are bound by that offer and must, without delay, enter into a collective agreement that incorporates the terms of that offer. Powers respecting vote (3) The Board or other person or body in charge of conducting the vote must determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result. Division 9 Arbitration Application of Division Application 75. This Division applies to the employer and the bargaining agent for the bargaining unit whenever the parties have bargained in good faith with a view to entering into a collective agreement but are unable to reach agreement on a term or condition of employment that may be included in an arbitral award. Request for Arbitration Request for arbitration 76. (1) Either party may, by notice in writing to the Chairperson, request arbitration in respect of any term or condition of employment that may be included in an arbitral award. When request may be made (2) The request may be made (a) at any time, if the parties have not entered into a collective agreement and no request for arbitration has been made by either party since the commencement of the bargaining; or (b) not later than seven days after a collective agreement is entered into by the parties, in any other case. Contents of notice (3) The party requesting arbitration must (a) specify in the notice every term or condition of employment in respect of which it requests arbitration and its proposals concerning the award to be made in respect of that term or condition; and (b) annex to the notice a copy of the most recent collective agreement entered into by the parties. Notice to other party (4) On receiving the notice, the Chairperson must send a copy to the other party. Request for arbitration of additional matters (5) The other party may, within seven days after receiving the copy, by notice in writing to the Chairperson, request arbitration in respect of any other term or condition of employment that may be included in an arbitral award and that remained in dispute when the first request for arbitration was made. Notice to include proposal (6) The party making the request under subsection (5) must specify in the notice its proposal concerning the award to be made in respect of every term or condition of employment in respect of which it requests arbitration. Establishment of Arbitration Board Establishment 77. (1) On receiving a request for arbitration, the Chairperson must establish an arbitration board for arbitration of the matters in dispute. Delay (2) The Chairperson may delay establishing an arbitration board until he or she is satisfied that the party making the request has bargained sufficiently and seriously with respect to the matters in dispute. Constitution 78. The arbitration board consists of either a single member or three members, appointed in accordance with section 79 or 80, as the case may be. Board with single member 79. If the parties jointly recommend the appointment of a person to be an arbitration board consisting of a single member, the Chairperson must appoint the person to be the arbitration board. Board with three members 80. (1) If either party requests that an arbitration board consisting of three members be established, the Chairperson must, by notice, require each of the parties, within seven days after receipt of the notice, to nominate a person to be a member of the arbitration board, and on receipt of the nominations, the Chairperson must appoint the nominated persons as members of the arbitration board. Failure to nominate (2) If a party fails to nominate a person within the time provided for in subsection (1) or nominates a person who is not eligible for appointment, the Chairperson must appoint as a member of the arbitration board a person whom he or she considers suitable, and that person is deemed to have been appointed on the nomination of that party. Appointment of chairperson nominated by parties (3) Within five days after the day on which the second member is appointed, the two members must nominate a third person who is eligible for appointment and ready and willing to act, to be chairperson and third member of the arbitration board, and the Chairperson must appoint that person as the chairperson and third member of the arbitration board. Failure to nominate (4) If the two members fail to make a nomination under subsection (3) or they nominate a person who is not eligible for appointment, the Chairperson must, without delay, appoint as the chairperson and third member of the arbitration board a person whom he or she considers suitable. Eligibility 81. No person may act as a member of an arbitration board in respect of a matter referred to arbitration if the person has, at any time during the six months before the person’s date of appointment, acted in respect of any matter concerning employer-employee relations as counsel, agent or mandatary of the employer or of any employee organization that has an interest in the matter referred to arbitration. Notification of establishment 82. (1) The Chairperson must, without delay, notify the parties of the establishment of the arbitration board and of the name or names of its member or members, as the case may be. Effect of notification (2) The notification constitutes conclusive proof that the arbitration board has been established in accordance with this Part and, after it is given, no order may be made or process entered into, and no proceedings may be taken in any court, to question the establishment of the board or to review, prohibit or restrain any of its proceedings. Death, incapacity or resignation of single member 83. (1) In the event of the death, incapacity or resignation of the member of an arbitration board that consists of a single member before the arbitration board makes an arbitral award, the Chairperson must appoint another person in accordance with section 79. That person must recommence the arbitration proceedings from the beginning. Vacancy — board with three members (2) If a vacancy occurs in the membership of an arbitration board that consists of three members before the arbitration board makes an arbitral award, the vacancy must be filled by the Chairperson by appointment in the manner provided in section 80 for the selection of the person in respect of whom the vacancy arose. Referral to Arbitration Referral to arbitration 84. (1) Subject to section 90, after establishing the arbitration board, the Chairperson must without delay refer the matters in dispute to the board. Subsequent agreement (2) If, before an arbitral award is made, the parties reach agreement on any matter in dispute that is referred to arbitration and enter into a collective agreement in respect of that matter, that matter is deemed not to have been referred to the arbitration board and no arbitral award may be made in respect of it. Duty and Powers Assistance to parties 85. As soon as possible after being established, the arbitration board must endeavour to assist the parties to the dispute in entering into or revising a collective agreement. Procedure 86. (1) Except as otherwise provided in this Part, the arbitration board may determine its own procedure, including the date, time and place of its proceedings, but both parties must be given a full opportunity to present evidence and make representations. Quorum and absence of members (2) The chairperson of the arbitration board and one other member constitute a quorum in the case of an arbitration board consisting of three members but, in the absence of a member at any proceedings of the board, the other members may not proceed unless the absent member has been given reasonable notice of the proceedings. Powers 87. (1) The arbitration board has all the powers of the Board set out in paragraphs 19(1)(a), (d), (e) and (h) to (j). Delegation (2) The arbitration board may authorize any person to exercise any of its powers set out in paragraphs 19(1)(d), (e), (i) and (j) and require that person to report to it on the exercise of those powers. Consideration — police organization (3) In exercising the powers under subsection (1) or (2), the arbitration board or person, as the case may be, must take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members as it sees fit. Factors to be considered 88. In the conduct of its proceedings and in making an arbitral award, the arbitration board must take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members as it sees fit, and the following factors, in addition to any other factors that the arbitration board considers relevant: (a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; (b) the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the arbitration board considers relevant; (c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service; (d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and (e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances. Making of Arbitral Award Making of arbitral award 89. (1) The arbitration board must make an arbitral award as soon as possible in respect of all the matters in dispute that are referred to it. Award to be signed (2) The arbitral award must be signed by the chairperson of the arbitration board, or by the single member, as the case may be, and a copy must be sent to the Chairperson. Restrictions 90. (1) The arbitral award must not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; (b) the term or condition is one that has been or may be established under the Royal Canadian Mounted Police Superannuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act; (c) the term or condition is one that relates to (i) law enforcement techniques, (ii) transfers from one position to another and appointments, (iii) the appraisal of employees, (iv) the length of an employee’s probationary period, (v) the termination of employment for the promotion of economy and efficiency in the Royal Canadian Mounted Police, (vi) the basic requirements for the carrying on of an employee’s duties as a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or (vii) the uniform, order of dress, equipment or medals of the Royal Canadian Mounted Police; (d) the term or condition relates to standards, procedures or processes governing matters referred to in any of subparagraphs (c)(i) to (vii); or (e) doing so would affect the organization of the public service, the categories of members, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or the assignment of duties to, and the classification of, positions and persons employed in the public service. Matters not negotiated (2) The arbitral award must not deal with a term or condition of employment that was not the subject of negotiation between the parties during the period before arbitration was requested. Decision of majority 91. (1) If the arbitration board consists of three members, a decision of a majority of the members in respect of the matters in dispute is a decision of the board on those matters and is the arbitral award in respect of those matters. Decision where majority cannot agree (2) If a majority of members of the arbitration board cannot agree in respect of the matters in dispute, the decision of the chairperson of the board is the arbitral award in respect of those matters. Form of award 92. The form of the arbitral award must, wherever possible, permit the award to be (a) read and interpreted with, or annexed to and published with, a collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit; and (b) incorporated into and implemented by any instrument that may be required to be made by the employer or the bargaining agent in respect of the arbitral award. Copy sent to parties 93. On receipt of a copy of the arbitral award, the Chairperson must, without delay, send a copy to the parties and may cause the award to be published in any manner that the Chairperson considers appropriate. Duration and Operation of Arbitral Award Binding effect 94. Subject to, and for the purposes of, this Part, on and after the day on which it is made, the arbitral award is binding on the employer and the bargaining agent that are parties to it and the employees in the bargaining unit in respect of which the bargaining agent has been certified. To the extent that it deals with matters referred to in section 20.2 of the Royal Canadian Mounted Police Act, the arbitral award is also binding, on and after that day, on the Commissioner. When arbitral award has effect 95. (1) The arbitral award has effect as of the day on which it is made or, subject to subsection (2), any earlier or later day that the arbitration board may determine. Limitation on retroactive effect (2) The arbitral award or any of its parts may be given retroactive effect, but not earlier than the day notice to bargain collectively was given. Effect on previous collective agreement or award (3) If a provision of an arbitral award is to have retroactive effect, the provision displaces, for the retroactive period specified in the arbitral award, any term or condition of any previous collective agreement or arbitral award with which it is in conflict. Term of arbitral award 96. (1) The arbitration board must determine the term of the arbitral award and set it out in the arbitral award. Factors (2) In determining the term of an arbitral award, the arbitration board must take the following into account: (a) if a collective agreement applicable to the bargaining unit is in force or has been entered into but is not yet in force, the term of that collective agreement; or (b) if no collective agreement applying to the bargaining unit has been entered into, (i) the term of any previous collective agreement that applied to the bargaining unit, or (ii) the term of any other collective agreement that it considers relevant. Limitation on term (3) An arbitral award may not be for a term of less than one year or more than two years from the day on which it becomes binding on the parties, unless the arbitration board determines otherwise in any case where paragraph (2)(a) or (b) applies. Implementation Duty to implement provisions of the arbitral award 97. Subject to the appropriation by or under the authority of Parliament of any money that may be required by the employer, the parties must implement the provisions of the arbitral award within 90 days after the day on which the award becomes binding on them or within any longer period that the parties may agree to or that the Board, on application by either party, may set. Matters Not Dealt With Reference of matters not dealt with 98. Any party that considers that the arbitration board has failed to deal with a matter in dispute that was referred to arbitration may, within seven days after the day on which the arbitral award is made, refer the matter back to the arbitration board, which must then deal with it. Amendment Amendment 99. The Board may, on the joint application of both parties to whom an arbitral award applies, amend any provision of the arbitral award if it considers that the amendment is warranted having regard to circumstances that have arisen since the making of the arbitral award, or of which the arbitration board did not have notice when the award was made, or to any other circumstances that the Board considers relevant. Division 10 Unfair Labour Practices Definition of “unfair labour practice” 100. In this Division, “unfair labour practice” means anything that is prohibited by subsection 101(1) or (2), section 102 or 103, subsection 104(1) or section 105. Unfair labour practices — employer 101. (1) It is prohibited for any of the following, namely, the employer, any person who occupies a managerial or confidential position and any person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act — whether or not the person who occupies the position, or the officer, is acting on behalf of the employer — to (a) participate in or interfere with the formation or administration of an employee organization or the representation of employees by an employee organization; or (b) discriminate against an employee organization. Unfair labour practices — employer (2) It is prohibited for any of the following, namely, the employer, any person acting on behalf of the employer, any person who occupies a managerial or confidential position and any person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act — whether or not the person who occupies the position, or the officer, is acting on behalf of the employer — to (a) refuse to employ or to continue to employ, suspend, terminate employment for the promotion of economy and efficiency in the Royal Canadian Mounted Police or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment, or intimidate, threaten or otherwise discipline any person, because the person (i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of an employee organization, or participates in the promotion, formation or administration of an employee organization, (ii) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Part or Part 2, (iii) has made an application or filed a complaint under this Part or presented a grievance under Part 2, or (iv) has exercised any right under this Part or Part 2; (b) impose, or propose the imposition of, any condition on an appointment, or in an employee’s terms and conditions of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Part or Part 2; or (c) seek, by intimidation, threat of dismissal or any other kind of threat, by the imposition of a financial or other penalty or by any other means, to compel a person to refrain from becoming or to cease to be a member, officer or representative of an employee organization or to refrain from (i) testifying or otherwise participating in a proceeding under this Part or Part 2, (ii) making a disclosure that the person may be required to make in a proceeding under this Part or Part 2, or (iii) making an application or filing a complaint under this Part or presenting a grievance under Part 2. Exception (3) The employer or a person does not commit an unfair labour practice under paragraph (1)(a) by reason only of (a) permitting an employee or a representative of an employee organization that is a bargaining agent to confer with the employer or person, as the case may be, during hours of work or to attend to the business of the employee organization during hours of work without any deduction from wages or any deduction of time worked for the employer; or (b) permitting an employee organization that is a bargaining agent to use the employer’s premises for the purposes of the employee organization. Exception (4) The employer or a person does not commit an unfair labour practice under paragraph (1)(b) (a) if the employer or person is acting in accordance with this Part or a regulation, a collective agreement or an arbitral award; or (b) by reason only of receiving representations from, or holding discussions with, representatives of an employee organization. Exception (5) The employer or a person does not commit an unfair labour practice under paragraph (1)(a) or (b) by reason only that the employer or person expresses their point of view, so long as they do not use coercion, intimidation, threats, promises or undue influence. Exception (6) The employer or a person does not commit an unfair labour practice under any of paragraphs (1)(a) and (b) and (2)(a) to (c) by reason only of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position or a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act. Unfair representation by bargaining agent 102. It is prohibited for any of the following, namely, an employee organization that is certified as the bargaining agent for the bargaining unit, and any officer or representative of the employee organization, to act in a manner that is arbitrary or discriminatory or that is in bad faith in the representation of any employee in the bargaining unit. Unfair labour practices — employee organizations 103. It is prohibited for any of the following, namely, any employee organization, any officer or representative of an employee organization and any other person acting on behalf of an employee organization, to (a) expel or suspend an employee from membership in the employee organization or deny an employee membership in the employee organization by applying its membership rules to the employee in a discriminatory manner; (b) take disciplinary action against or impose any form of penalty on an employee by applying the employee organization’s stand- ards of discipline to that employee in a discriminatory manner; (c) expel or suspend an employee from membership in the employee organization, or take disciplinary action against, or impose any form of penalty on, an employee by reason of that employee having exercised any right under this Part or Part 2 or having refused to perform an act that is contrary to this Part; or (d) discriminate against a person with respect to membership in an employee organization, or intimidate or coerce a person or impose a financial or other penalty on a person, because that person has (i) testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part or Part 2, (ii) made an application or filed a complaint under this Part or presented a grievance under Part 2, or (iii) exercised any right under this Part or Part 2. Unfair labour practices — persons 104. (1) Subject to subsection (2), it is prohibited for a person to seek by intimidation or coercion to compel an employee (a) to become, refrain from becoming or cease to be, or, except as otherwise provided in a collective agreement, to continue to be, a member of an employee organization; or (b) to refrain from exercising any other right under this Part or Part 2. Exception (2) A person does not commit an unfair labour practice referred to in subsection (1) by reason of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position or a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act. Other unfair labour practices 105. It is prohibited for any of the following, namely, any employee organization, any employee organization as defined in subsection 2(1) of the Public Service Labour Relations Act, any officer or representative of an employee organization referred to in this section and any other person acting on behalf of such an employee organization, except with the consent of the employer, to attempt, at an employee’s place of employment during the employee’s working hours, to persuade the employee to become, to refrain from becoming, to continue to be or to cease to be a member of an employee organization referred to in this section. Division 11 Complaints Complaints 106. (1) The Board must examine and inquire into any complaint made to it that (a) the employer has failed to comply with section 28 (duty to observe terms and conditions); (b) the employer or the bargaining agent has failed to comply with section 62 (duty to bargain in good faith); (c) the employer, the bargaining agent or an employee has failed to comply with section 63 (duty to observe terms and conditions); (d) the employer, the bargaining agent or the Commissioner has failed to comply with subsection 64(2) (duty to bargain in good faith); (e) the employer or an employee organization has failed to comply with section 70 (duty to implement provisions of the collective agreement) or 97 (duty to implement provisions of the arbitral award); or (f) the employer, an employee organization, an employee organization as defined in subsection 2(1) of the Public Service Labour Relations Act or any person has committed an unfair labour practice as defined in section 100. Time for making complaint (2) Subject to subsections (3) and (4), a complaint under subsection (1) must be made to the Board not later than 90 days after the date on which the complainant knew, or in the Board’s opinion ought to have known, of the action or circumstances giving rise to the complaint. Limitation on complaints against employee organizations (3) Subject to subsection (4), no complaint may be made to the Board under subsection (1) on the ground that an employee organization or any person acting on behalf of one has failed to comply with paragraph 103(a) or (b) unless (a) the complainant has presented a griev- ance or appeal in accordance with any procedure that has been established by the employee organization and to which the complainant has been given ready access; (b) the employee organization (i) has dealt with the grievance or appeal of the complainant in a manner unsatisfactory to the complainant, or (ii) has not, within six months after the date on which the complainant first presented their grievance or appeal under paragraph (a), dealt with the grievance or appeal; and (c) the complaint is made to the Board not later than 90 days after the first day on which the complainant could, in accordance with paragraphs (a) and (b), make the complaint. Exception (4) The Board may, on application to it by a complainant, determine a complaint in respect of an alleged failure by an employee organization to comply with paragraph 103(a) or (b) that has not been presented as a grievance or appeal to the employee organization, if the Board is satisfied that (a) the action or circumstance giving rise to the complaint is such that the complaint should be dealt with without delay; or (b) the employee organization has not given the complainant ready access to a grievance or appeal procedure. Duty and power of the Board 107. (1) Subject to subsection (3), on receipt of a complaint made under subsection 106(1), the Board may assist the parties to the complaint to settle the complaint. If it decides not to do so or if the complaint is not settled within a period that the Board considers to be reasonable in the circumstances, it must determine the complaint. Refusal to determine complaint involving collective agreement (2) The Board may refuse to determine a complaint made under subsection 106(1) in respect of a matter that, in the Board’s opinion, could be referred to adjudication under Part 2 by the complainant. Burden of proof (3) If a complaint is made in writing under subsection 106(1) in respect of an alleged failure by the employer or any person acting on behalf of the employer to comply with subsection 101(2), the written complaint is itself evidence that the failure actually occurred and, if any party to the complaint proceedings alleges that the failure did not occur, the burden of proving that it did not is on that party. Orders 108. (1) If the Board determines that a complaint referred to in subsection 106(1) is well founded, the Board may make any order that it considers necessary in the circumstances against the party complained of, including any of the following orders: (a) if the employer has failed to comply with section 63, an order requiring the employer to pay to any employee compensation not more than the amount that, in the Board’s opinion, is equivalent to the remuneration that would, but for that failure, have been paid by the employer to the employee; (b) if the employer has failed to comply with paragraph 101(2)(a), an order requiring the employer to (i) employ, continue to employ or permit to return to the duties of their employment any person whom the employer or any person acting on behalf of the employer has refused to employ, refused to continue to employ, suspended, terminated or otherwise discriminated against, contrary to that paragraph, (ii) pay to any person affected by that failure compensation in an amount that is not more than, in the Board’s opinion, the remuneration that would, but for that failure, have been paid by the employer to that person, and (iii) rescind any disciplinary action taken in respect of any person affected by that failure and pay compensation in an amount that is not more than, in the Board’s opinion, any financial or other penalty imposed on the person by the employer; (c) if the employer has failed to comply with paragraph 101(2)(c), an order requiring the employer to rescind any action taken in respect of any employee affected by the failure and pay compensation in an amount that is not more than, in the Board’s opinion, any financial or other penalty imposed on the employee by the employer; (d) if an employee organization has failed to comply with section 102, an order requiring the employee organization to take and carry on on behalf of any employee affected by the failure or to assist any such employee to take and carry on any proceeding that the Board considers that the employee organization ought to have taken and carried on on the employee’s behalf or ought to have assisted the employee to take and carry on; (e) if an employee organization has failed to comply with paragraph 103(a) or (c), an order requiring the employee organization to reinstate or admit an employee as one of its members; and (f) if an employee organization has failed to comply with paragraph 103(b), (c) or (d), an order requiring the employee organization to rescind any disciplinary action taken in respect of any employee affected by the failure and pay compensation in an amount that is not more than, in the Board’s opinion, any financial or other penalty imposed on the employee by the employee organization. Person acting on behalf of employer (2) If the order is directed to a person who has acted or purported to act on behalf of the employer, the order must also be directed to the Secretary of the Treasury Board. Person acting on behalf of employee organization (3) If the order is directed to a person who has acted or purported to act on behalf of an employee organization, or an employee organization as defined in subsection 2(1) of the Public Service Labour Relations Act, the order must also be directed to the chief officer of that employee organization. Division 12 Prohibitions and Enforcement Acts of Officers and Representatives of Employee Organizations Acts deemed to be those of employee organization 109. For the purposes of this Part, an act or thing done or omitted by an officer or representative of an employee organization, or an officer or representative of an employee organization as defined in subsection 2(1) of the Public Service Labour Relations Act, within the scope of that person’s authority to act on the employee organization’s behalf is deemed to be an act or thing done or omitted by that employee organization. Prohibitions Relating to Strikes Declaration or authorization of strike prohibited 110. An employee organization must not declare or authorize a strike in respect of the bargaining unit, and an officer or representative of an employee organization must not counsel or procure the declaration or authorization of a strike in respect of the bargaining unit or the participation of employees in such a strike. Participation in strike prohibited 111. A member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, must not participate in a strike. Counselling in respect of strikes 112. A person must not counsel any employee to participate in a strike in respect of the bargaining unit. Declarations and Orders Relating to Strikes Application for declaration that conduct is unlawful 113. (1) If the employer considers that an employee organization or any officer or representative of one has contravened section 110, that a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act has contravened section 111, or that a person has contravened section 112, the employer may apply to the Board for a declaration that the conduct giving rise to the contravention is unlawful. Declaration that strike unlawful and strike prohibited (2) After affording the employee organization, officer, representative, member or person referred to in subsection (1) an opportunity to make representations on the application, the Board may declare that the conduct is unlawful and, if the employer so requests, may make an order (a) requiring the employee organization to revoke the declaration or authorization of a strike and to give notice immediately of its revocation to the employees to whom it was directed; (b) enjoining the officer or representative from counselling or procuring the declaration or authorization of a strike or the participation of employees in a strike; (c) enjoining the member from participating in the strike; (d) requiring the member to perform the duties of his or her employment; (e) requiring any employee organization, to which any member with respect to whom an order is made under paragraph (c) or (d) belongs, and any officer or representative of that employee organization, to immediately give notice of any order made under one of those paragraphs to the member; or (f) enjoining the person from counselling any employee to participate in a strike in respect of the bargaining unit. Terms and duration of order (3) An order made under subsection (2) (a) must be in terms that the Board considers necessary and sufficient to meet the circumstances of the case; and (b) subject to subsection (4), has effect for the time specified in the order. Continuation or revocation of order (4) On application by the employer or employee organization or any person affected by an order made under subsection (2), notice of which has been given to the parties named in the order, the Board may, by supplementary order, (a) continue the order, with or without modification, for the period stated in the supplementary order; or (b) revoke the order. Prohibition Relating to Counselling Counselling in respect of peace officer duties 114. It is prohibited for any of the following, namely, an employee organization, an employee organization as defined in subsection 2(1) of the Public Service Labour Relations Act, and any officer or representative of an employee organization referred to in this section, to counsel any member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, not to carry out his or her duties as a peace officer. Offences and Punishment Persons 115. Every person who contravenes subsection 101(1) or (2), section 103, subsection 104(1) or section 105 or 112, and every member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who contravenes section 111, is guilty of an offence and liable on summary conviction to a fine of not more than $1,000. Employee organizations 116. (1) Every employee organization that contravenes, and every officer or representative of one who contravenes, section 102, 103 or 105 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000. Employee organizations (2) Every employee organization that contravenes section 110 is guilty of an offence and liable on summary conviction to a fine not more than $1,000 for each day that any strike declared or authorized by it in contravention of that section is in effect. Employee organizations (3) Every employee organization that contravenes section 114 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. Prosecution of employee organization (4) A prosecution for an offence under any of subsections (1) to (3) may be brought against the employee organization and in the name of that organization and, for the purposes of the prosecution, the employee organization is deemed to be a person. Officers and representatives of employee organizations 117. Every officer or representative of an employee organization who contravenes section 110 or 114 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. Employer 118. If the employer contravenes subsection 101(1) or (2), the employer is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. Other employee organizations 119. (1) Every employee organization, as defined in subsection 2(1) of the Public Service Labour Relations Act, that contravenes, and every officer or representative of one who contravenes, section 105 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000. Other employee organizations (2) Every employee organization, as defined in subsection 2(1) of the Public Service Labour Relations Act, that contravenes section 114 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. Officers and representatives of other employee organizations (3) Every officer or representative of an employee organization, as defined in subsection 2(1) of the Public Service Labour Relations Act, who contravenes section 114 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. Prosecution of other employee organization (4) A prosecution for an offence under subsection (1) or (2) may be brought against the employee organization and in the name of that organization and, for the purposes of the prosecution, the employee organization is deemed to be a person. Consent to prosecution 120. A prosecution for an offence under this Division may be instituted only with the consent of the Board. PART 2 GRIEVANCES Interpretation Definitions 121. (1) The following definitions apply in this Part. “employee”« employé » “employee” has the meaning that would be assigned by the definition “employee” in subsection 2(1) if that definition were read without reference to paragraphs (b) and (g) and without reference to the words “except in Part 2”, but does not include the Commissioner. “group grievance”« grief collectif » “group grievance” means a grievance presented in accordance with section 130. “individual grievance”« grief individuel » “individual grievance” means a grievance presented in accordance with section 123. “policy grievance”« grief de principe » “policy grievance” means a grievance presented in accordance with section 135. Former employees (2) Every reference in this Part to an “employee” includes a former employee for the purposes of any provisions of this Part respecting grievances with respect to a revocation of appointment referred to in section 9.2 of the Royal Canadian Mounted Police Act or termination of employment under section 9.4 of that Act, or any disciplinary action resulting in suspension, or any termination of employment, under paragraph 20.2(1)(c), (d), (e) or (g) of that Act. Conflict Management Informal conflict management system 122. Subject to any policies established by the employer or any directives issued by it, the Commissioner must, in consultation with a bargaining agent, if any, establish an informal conflict management system and inform the employees of its availability. Individual Grievances Presentation Right of employee 123. (1) Subject to subsections (2) to (9), an employee is entitled to present an individual grievance if he or she feels aggrieved (a) by the interpretation or application, in respect of the employee, of (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or (ii) a provision of a collective agreement or an arbitral award; or (b) as a result of any occurrence or matter affecting his or her terms and conditions of employment. Limitation (2) An employee is not entitled to present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than one provided for in the Canadian Human Rights Act. Limitation (3) Despite subsection (2), an employee is not entitled to present an individual grievance in respect of the right to equal pay for work of equal value. Limitation (4) An employee is not entitled to present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit. Limitation (5) An employee who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the employer is not entitled to present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Act. Limitation (6) An employee is not entitled to present an individual grievance relating to an appointment by the Commissioner to a position prescribed under subsection (7). Excluded appointments (7) The Governor in Council may make regulations prescribing for the purposes of subsection (6) any position that reports to the Commissioner either directly or through one other person. Limitation (8) An employee is not entitled to present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (9) For the purposes of subsection (8), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Reference to Adjudication Reference to adjudication 124. (1) An employee may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if (a) the grievance is related to the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award; (b) the grievance is related to a disciplinary action resulting in termination, demotion, suspension or financial penalty; (c) the grievance is related to demotion or termination under paragraph 20.2(1)(d) of the Royal Canadian Mounted Police Act for unsatisfactory performance; (d) the grievance is related to demotion or termination under paragraph 20.2(1)(e) of the Royal Canadian Mounted Police Act for any reason that does not relate to unsatisfactory performance, a breach of discipline or misconduct; or (e) the grievance is related to termination under paragraph 20.2(1)(g) of the Royal Canadian Mounted Police Act for the promotion of economy and efficiency in the Royal Canadian Mounted Police and it is alleged that the decision to terminate that employee constitutes an abuse of authority. Application of par. (1)(a) (2) Before referring an individual grievance related to matters referred to in paragraph (1)(a), the employee must obtain the approval of his or her bargaining agent to represent him or her in the adjudication proceedings. Clarification (3) For greater certainty, an employee is not entitled to refer to adjudication under paragraph (1)(e) any individual grievance against the decision to terminate employees on the grounds that the termination would promote economy and efficiency in the Royal Canadian Mounted Police, the determination of the part of the organization from which employees will be terminated or the number of employees to be terminated. Notice to Canadian Human Rights Commission 125. (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). Exception 126. Nothing in section 124 is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to termination of employment while an employee is on probation. Representation Right to be represented by employee organization 127. An employee who is not included in the bargaining unit for which an employee organization has been certified as bargaining agent may seek the assistance of, and, if the employee chooses, may be represented by, any employee organization in the presentation or reference to adjudication of an individual grievance. Right to be represented by employee organization 128. An employee who is included in the bargaining unit for which an employee organization has been certified as bargaining agent is not permitted to be represented by any other employee organization, or by any employee organization as defined in subsection 2(1) of the Public Service Labour Relations Act, in the presentation or reference to adjudication of an individual grievance. Binding Effect Binding effect 129. If an individual grievance has been presented up to and including the final level in the grievance process and it is not one that under section 124 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Act and no further action under this Act may be taken on it. Group Grievances Presentation Right of bargaining agent 130. (1) The bargaining agent for the bargaining unit may present to the employer a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of a collective agreement or an arbitral award. Consent required (2) In order to present the grievance, the bargaining agent must first obtain the consent of each of the employees concerned in the form provided for by the regulations. The consent of an employee is valid only in respect of the particular group grievance for which it is obtained. Limitation (3) The bargaining agent is not permitted to present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act. Limitation (4) Despite subsection (3), the bargaining agent is not permitted to present a group grievance in respect of the right to equal pay for work of equal value. Limitation (5) If an employee has, in respect of any matter, availed himself or herself of a complaint procedure established by a policy of the employer, the bargaining agent is not permitted to include that employee as one on whose behalf it presents a group grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from participating in a group grievance under this Act. Limitation (6) The bargaining agent is not permitted to present a group grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (7) For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Reference to Adjudication Reference to adjudication 131. The bargaining agent may refer to adjudication any group grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to its satisfaction. Notice to Canadian Human Rights Commission 132. (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). Withdrawal from Group Grievance Right of employee to withdraw 133. An employee in respect of whom a group grievance has been presented may, at any time before a final decision is made in respect of the grievance, notify the bargaining agent that the employee no longer wishes to be involved in the group grievance. Effect of notice 134. After receiving the notice, the bargaining agent may not pursue the grievance in respect of the employee. Policy Grievances Presentation Right of employer and bargaining agent 135. (1) If the employer and the bargaining agent are bound by an arbitral award or have entered into a collective agreement, either of them may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally. Limitation (2) Neither the employer nor the bargaining agent is permitted to present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than the Canadian Human Rights Act. Limitation (3) Despite subsection (2), neither the employer nor the bargaining agent is permitted to present a policy grievance in respect of the right to equal pay for work of equal value. Limitation (4) The bargaining agent is not permitted to present a policy grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (5) For the purposes of subsection (4), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Reference to Adjudication Reference to adjudication 136. A party that presents a policy grievance may refer it to adjudication. Notice to Canadian Human Rights Commission 137. (1) When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). Adjudication Referral by Chairperson Notice 138. (1) A party who refers a grievance to adjudication must, in accordance with the regulations, give notice of the reference to the Board and specify in the notice whether an adjudicator is named in any applicable collective agreement or has otherwise been selected by the parties and, if no adjudicator is so named or has been selected, whether the party requests the establishment of a board of adjudication. Action to be taken by Chairperson (2) On receipt of the notice by the Board, the Chairperson must (a) if the grievance is one arising out of a collective agreement and an adjudicator is named in the agreement, refer the matter to the adjudicator; (b) if the parties have selected an adjudicator, refer the matter to the adjudicator; (c) if a board of adjudication has been requested and the other party has not objected in the time provided for in the regulations, establish the board and refer the matter to it; and (d) in any other case, refer the matter to an adjudicator designated by the Chairperson from among the members of the Board. Qualifications (3) The adjudicator to which a matter is referred under paragraph (2)(d) must, if the grievance relates to a matter described in any of paragraphs 124(1)(b) to (d), have knowledge of policing and police organizations. Conference (4) The Chairperson may, at any time after receipt of the notice, direct the parties to attend a conference in order to attempt to settle or simplify the issues in dispute. Board of Adjudication Constitution 139. (1) A board of adjudication consists of one Board member designated by the Chairperson, who is the chairperson of the board of adjudication, and two other persons, each of whom is nominated by one of the parties. Qualifications (2) If the grievance relates to a matter described in any of paragraphs 124(1)(b) to (d), the Board member designated by the Chairperson must have knowledge of policing and police organizations. Ineligibility (3) A person is not eligible to be a member of a board of adjudication if the person has any direct interest in or connection with the grievance referred to the board of adjudication, its handling or its disposition. Jurisdiction Compliance with procedures 140. No grievance may be referred to adjudication, and no adjudicator may hear or render a decision on a grievance, until the grievance has been presented at all required levels in accordance with the applicable griev- ance process. Powers Powers 141. (1) An adjudicator may, in relation to any matter referred to adjudication, (a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record; (b) order that a hearing or a pre-hearing conference be conducted using a means of telecommunication that permits the parties and the adjudicator to communicate with each other simultaneously; (c) administer oaths and solemn affirmations; (d) accept any evidence, whether admissible in a court of law or not; (e) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant; (f) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliance or article in the premises and require any person in the premises to answer all questions relating to the matter being adjudicated; (g) 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 related to the right to equal pay for work of equal value, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any; (h) give relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act; (i) award interest in the case of grievances involving termination, demotion, suspension or financial penalty at a rate and for a period that the adjudicator considers appropriate; and (j) summarily dismiss grievances that in the opinion of the adjudicator are frivolous or vexatious. Power to mediate (2) At any stage of a proceeding before an adjudicator, the adjudicator may, if the parties agree, assist the parties in resolving the difference at issue without prejudice to the power of the adjudicator to continue the adjudication with respect to the issues that have not been resolved. Adjournment of proceedings 142. (1) An adjudicator must, on the request of the Commissioner or the employer, adjourn all proceedings in relation to any matter referred to him or her for adjudication if he or she is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding. Maximum period of adjournment (2) No adjournment may be for a period of more than three months. However, the Commissioner or the employer may request more than one adjournment in relation to a matter. Determination without oral hearing 143. An adjudicator may decide any matter referred to adjudication without holding an oral hearing. Decision of Adjudicator Hearing of grievance 144. (1) If a grievance is referred to adjudication, the adjudicator must give both parties to the grievance an opportunity to be heard. Consideration — police organization (2) In considering the grievance, the adjudicator must take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members as it sees fit. Decision on grievance (3) The adjudicator must render a decision on the grievance and make the order that he or she considers appropriate in the circumstances. The adjudicator must then (a) send a copy of the order and, if there are written reasons for the decision, a copy of the reasons, to each party, to the representative of each party and to the bargaining agent, if any, for the bargaining unit; and (b) deposit a copy of the order and, if there are written reasons for the decision, a copy of the reasons, with the Executive Director of the Board. Decision of board of adjudication (4) In the case of a board of adjudication, a decision of a majority of the members on a grievance is deemed to be a decision of the board in respect of the grievance, and the decision must be signed by the chairperson of the board. Decision where majority cannot agree (5) If a majority of members of the board of adjudication cannot agree on the making of a decision, the decision of the chairperson of the board is deemed to be the decision of the board. Decision requiring amendment 145. An adjudicator’s decision may not have the effect of requiring the amendment of a collective agreement or an arbitral award. Determination of reasonableness of opinion 146. In making a decision in respect of an employee’s individual grievance relating to a termination of employment or demotion for unsatisfactory performance, an adjudicator must determine the termination or demotion to have been for cause if the opinion of the Commissioner that the employee’s performance was unsatisfactory is determined by the adjudicator to have been reasonable. Decision in respect of certain policy grievances 147. If a policy grievance relates to a matter that was or could have been the subject of an individual grievance or a group grievance, an adjudicator’s decision in respect of the policy grievance is limited to one or more of the following: (a) declaring the correct interpretation, application or administration 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, apply or administer the collective agreement or arbitral award in a specified manner. Decisions not to be reviewed by court 148. (1) Every decision of an adjudicator is final and may not be questioned or reviewed in any court. No review by certiorari, etc. (2) No order may be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an adjudicator in any of the adjudicator’s proceedings under this Part. Filing of order in Federal Court 149. For the purpose of enforcing an adjudicator’s order, any person who was a party to the proceedings that resulted in the order being made may, after the day provided in the order for compliance or, if no such day is provided for, after 30 days have elapsed since the day the order was made, file in the Federal Court a copy of the order that is certified to be a true copy, and an order so filed becomes an order of that Court and may be enforced as such. Expenses of Adjudication Aggrieved employee not represented by agent 150. (1) If an aggrieved employee is not represented in the adjudication by a bargaining agent, the costs of the adjudication are to be borne by the Board. Aggrieved employee represented by agent (2) If an aggrieved employee is represented in the adjudication by a bargaining agent, the bargaining agent is liable to pay and must remit to the Board any part of the costs of the adjudication that may be determined by the Executive Director of the Board with the approval of the Board. Recovery (3) Any amount that by subsection (2) is payable to the Board 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. No Right of Action Disputes relating to employment 151. (1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute. Application (2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication. Regulations Regulations 152. (1) The Board may make regulations respecting the processes for dealing with grievances, including regulations concerning (a) the manner and form of presenting a grievance and, in the case of group griev- ances, the form of the consent of the employees concerned; (b) the maximum number of levels in each grievance process; (c) the manner in which employees are to be advised of the names of the persons whose decision on a grievance constitutes a level in the grievance process, including the final level; (d) the time within which a grievance may be presented at any level in a grievance process; (e) the circumstances in which any level below the final level in a grievance process may be eliminated; (f) the manner in which and the time within which a grievance may be referred to adjudication after it has been presented up to and including the final level in the grievance process; (g) the establishment of rules of procedure for the hearing of a grievance; (h) the specification of the time within which and the persons to whom notices and other documents must be sent or given under this Part, and when they are deemed to have been sent, given or received; and (i) the manner of giving notice of an issue to the Canadian Human Rights Commission under this Part. Application of regulations (2) Regulations made under subsection (1) respecting individual, group or policy griev- ances do not apply in respect of employees included in the bargaining unit to the extent that the regulations are inconsistent with any provisions contained in a collective agreement entered into by the bargaining agent and the employer applicable to those employees. Application of regulations (3) Regulations made under subsection (1) respecting individual grievances do not apply to the extent that the regulations are inconsistent with rules made by the Commissioner under paragraph 21(2)(a.3) of the Royal Canadian Mounted Police Act. Regulations 153. The Board may make regulations respecting (a) the manner of giving notice under subsection 138(1) and the time for making objections under paragraph 138(2)(c); and (b) the manner in which and the time within which boards of adjudication are to be established. PART 3 OCCUPATIONAL HEALTH AND SAFETY Non-Application Section 240 of the Public Service Labour Relations Act 154. Section 240 of the Public Service Labour Relations Act does not apply to persons employed in the Royal Canadian Mounted Police. Part II of Canada Labour Code Application to the Royal Canadian Mounted Police 155. Part II of the Canada Labour Code applies to and in respect of the Royal Canadian Mounted Police and persons employed in the Royal Canadian Mounted Police as if the Royal Canadian Mounted Police were a federal work, undertaking or business referred to in that Part except that, for the purpose of that application, (a) any reference to (i) “arbitration” is to be read as a reference to adjudication under Part 2, (ii) the “Board” is to be read as a reference to the Board as defined in subsection 2(1), (iii) a “collective agreement” is to be read as a reference to a collective agreement as defined in subsection 2(1), (iv) “employee” is to be read as a reference to a person employed in the Royal Canadian Mounted Police, and (v) a “trade union” is to be read as a reference to an employee organization as defined in subsection 2(1); (b) section 156 of that Act does not apply in respect of the Board; and (c) the provisions of this Act apply, with any modifications that the circumstances require, in respect of matters brought before the Board. PART 4 GENERAL Defects in Proceedings Defect in form or irregularity 156. (1) No proceeding under this Act is invalid by reason only of a defect in form or a technical irregularity. Grievance process (2) The failure to present a grievance at all required levels in accordance with the appli- cable grievance process is not a defect in form or a technical irregularity for the purposes of subsection (1). Restriction on Admissibility of Evidence Admissibility 157. Except in the case of a prosecution for perjury, testimony or proceedings before an arbitration board are not admissible in evidence in any court in Canada. Protection Evidence respecting information obtained 158. Board members, members of arbitration boards, mediators, adjudicators, persons seized of referrals under subsection 73(1), persons employed by the Board and persons engaged under subsection 50(1) of the Public Service Labour Relations Act are not required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of functions under this Act. No disclosure of notes and drafts 159. The following may not be disclosed without the consent of the person who made them: (a) notes or draft orders or decisions of the Board, of any Board member or of an adjudicator; (b) notes or draft reports of a mediator or a person authorized or designated by the Board to assist in resolving a complaint or issue in dispute before the Board; and (c) notes or a draft arbitral award of an arbitration board. Criminal or civil proceedings 160. No criminal or civil proceedings lie against a Board member, a member of an arbitration board, a mediator, an adjudicator, a person seized of a referral under subsection 73(1), a person employed by the Board or a person engaged under subsection 50(1) of the Public Service Labour Relations Act for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function under this Act. Oaths and Solemn Affirmations Oath or solemn affirmation 161. Before commencing his or her functions, a person appointed under this Act must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations: I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of ..................... Remuneration and Expenses Remuneration and expenses 162. Members of arbitration boards, mediators, adjudicators and persons seized of referrals under subsection 73(1) are entitled to be paid the remuneration and expenses that may be fixed by the Governor in Council under section 247 of the Public Service Labour Relations Act. Witness Fees Payment of witness fees 163. A person who is summoned by the Board, an arbitration board or an adjudicator to attend as a witness at any proceeding under this Act is entitled to receive fees and allowances for so attending equal to those to which the person would be entitled if summoned to attend before the Federal Court. Provision of Facilities and Human Resources Facilities and human resources 164. The Board must provide members of arbitration boards, mediators, adjudicators and persons seized of referrals under subsection 73(1) with the facilities and human resources that it considers necessary to enable them to carry out their functions under this Act. Application of Safety or Security Provisions Application of safety or security provisions 165. (1) Nothing in this Act or any other Act is to be construed as requiring the employer to do or refrain from doing anything that is contrary to any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or of any state allied or associated with Canada. Order is conclusive proof (2) For the purposes of subsection (1), an order made by the Governor in Council is conclusive proof of the matters stated in it in relation to the giving or making of any instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Annual Report Obligation to prepare 166. (1) As soon as possible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on the administration of this Act during the year. Tabling in Parliament (2) The Minister must cause the report to be tabled in each House of Parliament within the first 15 days on which that House is sitting after he or she receives it. Five-year Review Review 167. Five years after the day on which this section comes into force, the Minister must cause a review of this Act and its administration and operation to be conducted, and cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed. Consequential Amendments 2009, c. 2 Budget Implementation Act, 2009 3. Subsection 396(3) of the Budget Implementation Act, 2009 is replaced by the following: Powers of Board (3) The Board has, in relation to a complaint referred to it, in addition to the powers conferred on it under the Public Service Labour Relations Act and the Royal Canadian Mounted Police Labour Relations Modernization Act, the power to interpret and apply sections 7, 10 and 11 of the Canadian Human Rights Act, and the Equal Wages Guidelines, 1986, in respect of employees, even after the coming into force of section 399. R.S., c. L-2 Canada Labour Code 2003, c. 22, s. 110 4. Subsection 123(2) of the Canada Labour Code is replaced by the following: Application to federal public administration (2) This Part applies to the federal public administration and to persons employed in the federal public administration to the extent provided for under Part 3 of the Public Service Labour Relations Act and Part 3 of the Royal Canadian Mounted Police Labour Relations Modernization Act. 2009, c. 2, s. 393 Expenditure Restraint Act 5. The definition “bargaining agent” in section 2 of the Expenditure Restraint Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) as in subsection 2(1) of the Royal Canadian Mounted Police Labour Relations Modernization Act, in relation to employees to whom that Act applies. 6. The Act is amended by adding the following after section 6: Right to bargain collectively 6.1 The right to bargain collectively under the Royal Canadian Mounted Police Labour Relations Modernization Act is subject to the other provisions of this Act. 2005, c. 46 Public Servants Disclosure Protection Act 7. Section 51 of the Public Servants Disclosure Protection Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) the presentation of an individual grievance under subsection 123(1) of the Royal Canadian Mounted Police Labour Relations Modernization Act. 2003, c. 22, s. 2 Public Service Labour Relations Act 8. Paragraph (d) of the definition “employee” in subsection 2(1) of the Public Service Labour Relations Act is replaced by the following: (d) a person who is a member or special constable of the Royal Canadian Mounted Police; 1992, c. 33 Status of the Artist Act 9. Subsection 9(3) of the Status of the Artist Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) members, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act. Coordinating Amendments Budget Implementation Act, 2009 10. (1) In this section, “other Act” means the Budget Implementation Act, 2009, chapter 2 of the Statutes of Canada, 2009. (2) On the first day on which both section 394 of the other Act and section 2 of this Act are in force, (a) the definition “collective agreement” in subsection 2(1) of the Public Sector Equitable Compensation Act is replaced by the following: “collective agreement”« convention collective » “collective agreement” means an agreement in writing, entered into under Part 1 of the Public Service Labour Relations Act or Part 1 of the Royal Canadian Mounted Police Labour Relations Modernization Act, between the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters. (b) section 16 of the Public Sector Equitable Compensation Act is replaced by the following: Collective agreement 16. The provisions of a collective agreement between an employer and a bargaining agent in relation to equitable compensation may not be inconsistent with section 113 of the Public Service Labour Relations Act or section 66 of the Royal Canadian Mounted Police Labour Relations Modernization Act, as the case may be. (c) sections 17 and 18 of the Public Sector Equitable Compensation Act are replaced by the following: Request for arbitration 17. If arbitration has been chosen under subsection 103(1) of the Public Service Labour Relations Act as the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for arbitration under subsection 136(1) of that Act. Questions concerning the provision of equitable compensation to employees may also be the subject of a request for arbitration under subsection 76(1) of the Royal Canadian Mounted Police Labour Relations Modernization Act. Obligations of arbitration body 18. The body seized of a request for arbitration under the Public Service Labour Relations Act or the Royal Canadian Mounted Police Labour Relations Modernization Act that includes questions concerning the provision of equitable compensation to employees shall, in the absence of any agreement by the parties, determine whether any job group is female predominant and, if it determines that it is, determine how the equitable compensation assessment in respect of that job group is to be conducted. (d) subsection 19(1) of the Public Sector Equitable Compensation Act is replaced by the following: Arbitral award 19. (1) The body seized of a request for arbitration under the Public Service Labour Relations Act or the Royal Canadian Mounted Police Labour Relations Modernization Act that includes equitable compensation matters shall, subject to section 150 or 90, respectively, of that Act, make an arbitral award that sets out a plan to resolve those matters within a reasonable time. (e) subsection 25(1) of the Public Sector Equitable Compensation Act is replaced by the following: Application of certain labour relations Acts 25. (1) The provisions of the Public Service Labour Relations Act or the Royal Canadian Mounted Police Labour Relations Modernization Act, as the case may be, apply, with any modifications that the circumstances require, in relation to any complaint or order made under this Act as though the complaint or order were a complaint or order, as the case may be, made under that Act. (f) subsection 33(6) of the Public Sector Equitable Compensation Act is replaced by the following: Application of certain labour relations Acts (6) The Public Service Labour Relations Act or the Royal Canadian Mounted Police Labour Relations Modernization Act, as the case may be, applies in respect of a collective agreement altered under an order made under paragraph (2)(b) or (3)(b) as if it had been entered into under that Act. (g) subsection 39(2) of the Public Sector Equitable Compensation Act is replaced by the following: Complaints against employers (2) A complaint referred to in subsection (1) is to be examined and inquired into by the Board as if it were a complaint in respect of a contravention of paragraph 186(2)(c) of the Public Service Labour Relations Act or paragraph 101(2)(c) of the Royal Canadian Mounted Police Labour Relations Modernization Act, as the case may be. For greater certainty, if the complaint is made in writing, the written complaint is itself evidence that the contravention actually occurred and, if any party to the complaint proceedings alleges that the contravention did not occur, the burden of proving that it did not is on that party. (h) subsection 39(4) of the Public Sector Equitable Compensation Act is replaced by the following: Complaints against bargaining agents (4) A complaint referred to in subsection (3) is to be examined and inquired into by the Board as if it were a complaint in respect of a contravention of paragraph 188(d) or (e) of the Public Service Labour Relations Act or paragraph 103(c) or (d) of the Royal Canadian Mounted Police Labour Relations Modernization Act, as the case may be. If the complaint is made in writing, the written complaint is itself evidence that the contravention actually occurred and, if any party to the complaint proceedings alleges that the contravention did not occur, the burden of proving that it did not is on that party. (i) section 45 of the Public Sector Equitable Compensation Act is replaced by the following: Inconsistency or conflict 45. Nothing in this Act affects the application of the Public Service Labour Relations Act or the Royal Canadian Mounted Police Labour Relations Modernization Act, but in the event of any inconsistency or conflict between this Act and either of those Acts, the provisions of this Act prevail to the extent of the inconsistency or conflict. (3) On the first day on which both section 401 of the other Act and section 2 of this Act are in force, subsection 123(3) of the Royal Canadian Mounted Police Labour Relations Modernization Act is replaced by the following: Limitation (3) An employee is not entitled to 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. (4) On the first day on which both section 402 of the other Act and section 2 of this Act are in force, subsection 130(4) of the Royal Canadian Mounted Police Labour Relations Modernization Act is replaced by the following: Limitation (4) A bargaining agent is not permitted to 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. (5) On the first day on which both section 403 of the other Act and section 2 of this Act are in force, subsection 135(3) of the Royal Canadian Mounted Police Labour Relations Modernization Act is replaced by the following: Limitation (3) Neither the employer nor a bargaining agent is permitted to 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. (6) On the first day on which both section 404 of the other Act and section 2 of this Act are in force, paragraph 141(1)(g) of the Royal Canadian Mounted Police Labour Relations Modernization Act is replaced by the following: (g) 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 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; Bill C-38 11. (1) Subsections (2) and (3) apply if Bill C-38, introduced in the 3rd session of the 40th Parliament and entitled the Ensuring the Effective Review of RCMP Civilian Complaints Act (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which both section 45.51 of the Royal Canadian Mounted Police Act, as enacted by section 8 of the other Act, and section 2 of this Act are in force, (a) subsection 123(2) of the Royal Canadian Mounted Police Labour Relations Modernization Act is replaced by the following: Limitation (2) An employee is not entitled to present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than one provided for in the Canadian Human Rights Act or Part VII of the Royal Canadian Mounted Police Act. (b) section 45.51 of the Royal Canadian Mounted Police Act is amended by adding the following after subsection (2): Obligation to refuse to deal with complaint (2.1) Despite subsection (2), the Commission shall not deal with a complaint if the complaint is one that could be dealt with, initially or completely, according to a procedure provided under the Royal Canadian Mounted Police Labour Relations Modernization Act. (3) On the first day on which both section 45.59 of the Royal Canadian Mounted Police Act, as enacted by section 8 of the other Act, and section 2 of this Act are in force, that section 45.59 is amended by adding the following after subsection (1): Obligation (1.1) Despite subsection (1), the Commissioner shall direct the Force to not commence or continue an investigation of a complaint if the complaint is one that could be dealt with, initially or completely, according to a procedure provided under the Royal Canadian Mounted Police Labour Relations Modernization Act. PART 2 R.S., c. R-10 ROYAL CANADIAN MOUNTED POLICE ACT Amendments to the Act R.S., c. 8 (2nd Supp.), s. 1 12. (1) The definitions “appropriate officer” and “Committee” in subsection 2(1) of the Royal Canadian Mounted Police Act are repealed. R.S., c. 8 (2nd Supp.), s. 1 (2) The definitions “Commission Chairman” and “Committee Chairman” in subsection 2(1) of the English version of the Act are repealed. R.S., c. 8 (2nd Supp.), s. 1 (3) The definitions “member”, “officer” and “representative” in subsection 2(1) of the Act are replaced by the following: “member”« membre » “member” means any person who has been appointed under section 5, subsection 6(3) or paragraph 7(1)(a) and who is employed with the Force; “officer”« officier » “officer” means a member appointed under section 5 or subsection 6(3); “representative”« représentant » “representative” means a person who is representing or assisting a member under section 47.1. R.S., c. 8 (2nd Supp.), s. 1 (4) The definition “member” in subsection 2(1) of the Act is replaced by the following: “member”« membre » “member” means any person who has been appointed under section 5, subsection 6(3) or paragraph 7(1)(a) and who is employed with the Force, other than a person who is deemed to have been appointed under the Public Service Employment Act; R.S., c. 8 (2nd Supp.), s. 1 (5) Subsection 2(3) of the Act is repealed. R.S., c. 8 (2nd Supp.), s. 2(2) 13. Subsection 5(2) of the Act is replaced by the following: Delegation (2) The Commissioner may delegate to any member, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under subsections 45.46(1) and (2). R.S., c. 8 (2nd Supp.), s. 3(2) and par. 24(2)(a)(E) 14. Subsection 6(3) of the Act is replaced by the following: Appointment of officers (3) The Commissioner may appoint any person to the rank of an officer and, by way of promotion, appoint an officer to a higher rank. Commissions (4) The Governor in Council may authorize the issue of a commission under the Great Seal to an officer on the officer’s first appointment to the rank of an officer or on the recommendation of the Commissioner. R.S., c. 8 (2nd Supp.), s. 4; R.S., c. 1 (4th Supp.), s. 45 (Sch. III, subitem 11(1))(F) 15. The heading before section 7 of the Act is replaced by the following: Other Members R.S., c. 8 (2nd Supp.), s. 4; R.S., c. 1 (4th Supp.), s. 45 (Sch. III, subitem 11(2))(F) 16. (1) Subsection 7(1) of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraphs (c) and (d). R.S., c. 8 (2nd Supp.), s. 4; R.S., c. 1 (4th Supp.), s. 45 (Sch. III, subitem 11(3))(F) (2) Subsections 7(3) to (5) of the Act are repealed. R.S., c. 8 (2nd Supp.), s. 4; R.S., c. 1 (4th Supp.), s. 45 (Sch. III, subitem 11(4))(F) 17. Sections 8 and 9 of the Act are repealed. 18. The Act is amended by adding the following after section 9.1: Revocation Revocation of appointments — officers and other members 9.2 The Commissioner’s power to appoint a person as an officer or as a member other than an officer, or to appoint a member, by way of promotion, to a higher rank or level, includes the power to revoke the appointment and to take corrective action whenever the Commissioner is satisfied that an error, an omission or improper conduct affected the selection of the person for appointment. Probation Probationary period 9.3 (1) A person appointed as a member is on probation for a period established by rules of the Commissioner. Probationary period not terminated by appointment, demotion, etc. (2) A member’s probationary period is not terminated by any appointment, demotion or transfer from one position to another during that period. Termination of employment 9.4 (1) While a member is on probation, the Commissioner may notify the member that his or her employment will be terminated at the end of the notice period established by rules of the Commissioner and the member ceases to be a member at the end of that notice period. Compensation in lieu of notice (2) Instead of notifying a member under subsection (1), the Commissioner may notify the member that his or her employment will be terminated on the date specified by the Commissioner and that the member will be paid an amount equal to the salary they would have been paid during the notice period. Resignation Resignation 9.5 A member may resign from the Force by giving the Commissioner notice in writing of his or her intention to resign, and the member ceases to be a member on the date specified by the Commissioner in writing on accepting the resignation. Supernumerary Special Constables Appointment 9.6 (1) The Commissioner may, on the request of any department as defined in section 2 of the Financial Administration Act or if he or she considers it necessary or in the public interest, appoint, for periods of not more than 12 months, special constables supernumerary for the purpose of maintaining law and order. Revocation of appointment (2) The Commissioner may at any time revoke the appointment of any supernumerary special constable. Supernumerary special constables 9.7 Supernumerary special constables serve without pay and are not entitled to any pay or allowances under this Act. 19. Subsection 10(2) of the Act is replaced by the following: Temporary civilian staff (2) The Commissioner may employ tempo- rary civilian employees at the remuneration and on the other terms and conditions that are prescribed by the Treasury Board, and may at any time terminate the employment of any such employee. 20. The Act is amended by adding the following after section 10: Peace Officers Officers 10.1 (1) Every officer is a peace officer in every part of Canada and has all the powers, authority, protection and privileges that a peace officer has by law until the officer ceases to be a member. Designation of others as peace officers (2) The Commissioner may designate any member, other than an officer, any supernumerary special constable appointed under subsection 9.6(1) or any temporary employee employed under subsection 10(2) as a peace officer. Powers, authority, etc. (3) Every person designated under subsection (2) has the same powers authority, protection and privileges as officers under subsection (1) until the designated person ceases to be a member, a temporary employee or a supernumerary special constable, as the case may be, or the person’s designation expires or is revoked. Certificates Certificates 10.2 (1) The Commissioner may issue (a) a certificate to any member stating that the person to whom it is issued is a member of the Force and, if that person is also a peace officer, that the person is a peace officer; and (b) a certificate to any other person appointed or employed under the authority of this Act stating that the person to whom it is issued is a peace officer, if that person has been designated as such under subsection 10.1(2). Evidence of appointment or designation (2) Any document purporting to be a certificate referred to in subsection (1) is evidence in all courts and in all proceedings of the facts stated in it. R.S., c. 8 (2nd Supp.), ss. 6 and 7 21. The heading before section 12 and sections 12 and 12.1 of the Act are repealed. 22. The Act is amended by adding the following after section 20: Human Resource Management Powers of the Treasury Board 20.1 In addition to its powers under section 11.1 of the Financial Administration Act, the Treasury Board may, in the exercise of its human resources management responsibilities under paragraph 7(1)(e) of that Act, (a) determine categories of members; (b) establish policies or issue directives respecting the exercise of the powers granted by paragraphs 20.2(1)(a), (b) and (f) to the Commissioner and the reporting by the Commissioner in respect of the exercise of those powers; and (c) establish policies or issue directives respecting (i) the manner in which the Commissioner may deal with grievances under the Royal Canadian Mounted Police Labour Relations Modernization Act to which the Commissioner is a party, other than grievances relating to appointments, transfers from one position to another and terminations of employment for the promotion of economy and efficiency in the Force, and the manner in which the Commissioner may deal with them if the grievances are referred to adjudication under subsection 124(1) of that Act, and (ii) the reporting by the Commissioner in respect of those grievances. Powers of Commissioner 20.2 (1) The Commissioner may (a) determine the learning, training and development requirements of members and fix the terms on which the learning, training and development may be carried out; (b) provide for the awards that may be made to members for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements; (c) subject to this Act and the regulations, establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a lower rank or to a level at a lower maximum rate of pay and financial penalties; (d) provide for the termination of employment, or the demotion to a lower rank or to a level at a lower maximum rate of pay, of members whose performance, in the opinion of the Commissioner, is unsatisfactory; (e) provide for the termination of employment, or the demotion to a lower rank or to a level at a lower maximum rate of pay, of members for reasons other than breaches of discipline or misconduct; (f) provide for the termination of employment of members to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the Force to any other entity; and (g) subject to the regulations, provide for the termination of the employment of any member for the promotion of economy and efficiency in the Force. For cause (2) Disciplinary action against, or the termination of employment or the demotion of, any member under paragraph (1)(c), (d) or (e) may only be for cause or for the contravention of this Act or the Code of Conduct. Delegation (3) The Commissioner may delegate to any person under the Commissioner’s control, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers under subsection (1), other than the power referred to in paragraph (1)(g). Sub-delegation (4) Any person to whom powers are delegated under subsection (3) may, subject to and in accordance with the delegation, sub-delegate any of those powers to any other person. Annual report 20.3 The Commissioner shall, within three months after the end of each fiscal year, submit to the Minister a report on the exercise of the Commissioner’s powers under paragraph 20.2(1)(c) during that year. R.S., c. 8 (2nd Supp.), s. 12 23. (1) Paragraph 21(1)(a) of the Act is replaced by the following: (a) respecting the exercise of the Commissioner’s powers under paragraph 20.2(1)(c) or (g); R.S., c. 8 (2nd Supp.), s. 12 (2) Paragraph 21(2)(a) of the Act is replaced by the following: (a) establishing basic requirements for the carrying on of a member’s duties as a member; (a.1) specifying the manner in which disciplinary action against members is to be taken under paragraph 20.2(1)(c); (a.2) specifying the manner in which the employment of members may be terminated or members may be demoted under paragraph 20.2(1)(d) or (e); (a.3) establishing a grievance process for appointments; and 24. Subsections 22(2) and (3) of the Act are repealed. R.S., c. 8 (2nd Supp.), s. 15 25. (1) Paragraph 24.1(6)(b) of the Act is replaced by the following: (b) any answer or statement made in response to a question described in subsection 40(1) or 45.45(9); R.S., c. 8 (2nd Supp.), s. 15 (2) Subsection 24.1(8) of the Act is replaced by the following: Answer not receivable (8) If the witness is a member, no answer or statement made in response to a question described in subsection (7) shall be used or receivable against the witness in any proceeding taken in the exercise of the Commissioner’s powers under paragraph 20.2(1)(c), other than a proceeding into an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false. R.S., c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 65; 1994, c. 26, ss. 63(F) and 64(F); 2002, c. 8, par. 182(1)(z.9); 2003, c. 22, s. 216(E) 26. Parts II and III of the Act are repealed. R.S., c. 8 (2nd Supp.), s. 16; 1990, c. 8, ss. 66(1) and 67; 2002, c. 8, par. 182(1)(z.9) 27. Sections 40 to 45.17 of the Act are replaced by the following: Other members not excused from answering 40. (1) In any investigation as to whether a member has contravened this Act, the Code of Conduct or a standard of discipline established under paragraph 20.2(1)(c), no member, other than the one whose conduct is the subject of the investigation, shall be excused from answering any question relating to the matter being investigated when required to do so by the Commissioner on the ground that the answer to the question may tend to criminate the member or subject the member to any proceeding or penalty. Answer not receivable (2) No answer or statement made in response to a question described in subsection (1) shall be used or receivable in any criminal, civil or administrative proceedings, other than (a) proceedings under the Royal Canadian Mounted Police Labour Relations Modernization Act in respect of any disciplinary measure imposed by the Commissioner at the conclusion of the investigation; and (b) proceedings taken in the exercise of the Commissioner’s powers under paragraph 20.2(1)(c) into an allegation that with intent to mislead the member gave the answer or statement knowing it to be false. R.S., c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 68; 1993, c. 34, s. 111(F); 2002, c. 8, par. 182(1)(z.9) 28. Part V of the Act is repealed. R.S., c. 8 (2nd Supp.), s. 16 29. Subsection 45.36(2) of the Act is replaced by the following: Answer not receivable (2) No answer or statement made, in the course of attempting to dispose of a complaint informally, by the complainant or the member or other person whose conduct is the subject matter of the complaint shall be used or receivable in any criminal, civil or administrative proceedings other than, if the answer or statement was made by a member, a proceeding taken in the exercise of the Commissioner’s powers under paragraph 20.2(1)(c) into an allegation that with intent to mislead the member gave the answer or statement knowing it to be false. R.S., c. 8 (2nd Supp.), s. 16 30. (1) Subsection 45.45(7) of the Act is repealed. R.S., c. 8 (2nd Supp.), s. 16 (2) Paragraph 45.45(8)(b) of the Act is replaced by the following: (b) any answer or statement made in response to a question described in subsection 24.1(7) or 40(1); R.S., c. 8 (2nd Supp.), s. 16 (3) Subsection 45.45(10) of the Act is replaced by the following: Answer not receivable (10) If the witness is a member, no answer or statement made in response to a question described in subsection (9) shall be used or receivable against the member in any proceeding taken in the exercise of the Commissioner’s powers under paragraph 20.2(1)(c), other than a proceeding into an allegation that with intent to mislead the member gave the answer or statement knowing it to be false. R.S., c. 8 (2nd Supp.), s. 16 (4) Subsection 45.45(15) of the Act is replaced by the following: Definitions (15) The following definitions apply in this section and section 45.46. “appropriate officer”« officier compétent » “appropriate officer”means the officer that the Commissioner may designate for the purpose of this section and section 45.46 in respect of a complaint. “parties”« partie » “parties” means the appropriate officer, the member or other person whose conduct is the subject matter of a complaint and, in the case of a complaint under subsection 45.35(1), the complainant. R.S., c. 8 (2nd Supp.), s. 18 31. (1) Subsection 46(1) of the Act is replaced by the following: Definition of “board” 46. (1) In this section and sections 47 to 47.3, “board” means a board of inquiry appointed under section 24.1 and includes the Commission. R.S., c. 8 (2nd Supp.), s. 18 (2) Subsection 46(4) of the Act is replaced by the following: Rules (4) Subject to subsection (5), the Commissioner may make rules governing the proceedings, practice and procedure before a board, other than the Commission, and the performance of the duties and functions of a board, other than the Commission, under this Act. R.S., c. 8 (2nd Supp.), s. 18 32. Section 47.1 of the Act is replaced by the following: Representation 47.1 (1) Subject to any rules made under subsection (3) and the provisions of any collective agreement governing members, a member may be represented or assisted by any person (a) in any proceeding before a board, other than the Commission; or (b) at any disciplinary hearing concerning the member or any meeting to render a disciplinary decision concerning the member. Privilege (2) If a member is represented or assisted by another member, communications passing in confidence between the two members in relation to the proceeding, hearing or meeting are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the member and the member’s counsel. Rules (3) The Commissioner may make rules prescribing (a) the members or members of any class of members who may not represent or assist another member in any proceeding, hearing or meeting referred to in subsection (1); and (b) the circumstances in which a member may not represent or assist another member in any proceeding, hearing or meeting referred to in subsection (1). Non-application of rules (4) Rules made under subsection (3) do not apply to the extent that they are inconsistent with the provisions of any collective agreement governing members. R.S., c. 8 (2nd Supp.), s. 18 33. Subsection 47.2(2) of the Act is replaced by the following: Service by mail (2) Any notice, decision or other document required by this Act to be served by a person or a board on the Commissioner or the Commission Chair is sufficiently served if it is sent by or on behalf of that person or board by prepaid first class mail addressed to the Commissioner or the Commission Chair, as the case may be. R.S., c. 8 (2nd Supp.), s. 18 34. Sections 47.4 and 47.5 of the Act are repealed. R.S., c. 8 (2nd Supp.), s. 21 35. Section 50 of the Act is replaced by the following: Attendance of witnesses, etc. 50. Every person is guilty of an offence punishable on summary conviction who (a) on being duly summoned as a witness or otherwise under section 24.1 or Part VII, makes default in attending; (b) being in attendance as a witness in any proceeding under section 24.1 or Part VII, (i) refuses to take an oath or solemn affirmation required of that person, (ii) refuses to produce any document or thing under that person’s control and required to be produced by that person, or (iii) refuses to answer any question that requires an answer; (c) at any proceeding under section 24.1 or Part VII, uses insulting or threatening language or causes any interference or disturbance; or (d) prints observations or uses words likely to influence improperly a board of inquiry appointed under section 24.1, the Commission, or witnesses at any proceeding under that section or Part VII or to bring any such proceeding into disrepute, or in any other manner whatever displays contempt of any such proceeding. Terminology — Chairman and Vice-Chairman 36. The English version of the Act is amended by replacing “Chairman” and “Vice-Chairman” with “Chair” and “Vice-Chair”, respectively, in the following provisions: (a) subsections 45.29(1), (3) and (7); (b) section 45.3; (c) subsection 45.32(2); (d) section 45.34; (e) subsections 45.37(1) and (2); (f) paragraphs 45.41(2)(a) and (b); (g) sections 45.42 and 45.43; (h) subsection 45.44(1); and (i) subsections 45.46(2) and (3). Consequential Amendments R.S., c. A-1 Access to Information Act R.S., c. 8 (2nd Supp.), s. 26 37. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”: Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada 2006, c. 9, s. 2 Conflict of Interest Act 38. Paragraph (d) of definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is amended by adding “and” at the end of subparagraph (iv), by striking out “and” at the end of subparagraph (v) and by repealing subparagraph (vi). R.S., c. F-11 Financial Administration Act 1992, c. 1, s. 72; 2005, c. 10, par. 34(1)(m) 39. Schedule I.1 to the Financial Administration Act is amended by striking out the following in column I: Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada and the corresponding reference in column II to “Minister of Public Safety and Emergency Preparedness”. 2003, c. 22, s. 11 40. Schedule IV to the Act is amended by striking out the following: Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada 2006, c. 9, s. 270 41. Part III of Schedule VI to the Act is amended by striking out the following in column I: Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada and the corresponding reference in column II to “Committee Chairman”. R.S., c. P-21 Privacy Act R.S., c. 8 (2nd Supp.), s. 27 42. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”: Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada 2005, c. 46 Public Servants Disclosure Protection Act 43. Paragraph (c) of the definition “reprisal” in subsection 2(1) of the Public Servants Disclosure Protection Act is replaced by the following: (c) the termination of employment of the public servant; 2006, c. 9, s. 201 44. Subsection 19.1(5) of the Act is repealed. 2006, c. 9, s. 201 45. (1) Paragraph 19.3(1)(b) of the Act is repealed. 2006, c. 9, s. 201 (2) Subsection 19.3(4) of the Act is repealed. 2006, c. 9, s. 201 46. Subsection 19.5(5) of the Act is repealed. 2006, c. 9, s. 201 47. (1) The portion of subsection 19.6(2) of the Act before paragraph (a) is replaced by the following: Exception (2) If the disciplinary action already taken against a person by reason of the person’s participation in the taking of a measure alleged by the complainant to constitute a reprisal has been the subject of a decision of a court, tribunal or arbitrator dealing with it on the merits, 2006, c. 9, s. 201 (2) Subsection 19.6(5) of the Act is repealed. 2006, c. 9, s. 201 48. Subsection 21.7(2) of the Act is repealed. 2006, c. 9, s. 201 49. Subsections 21.8(5) to (7) of the Act are repealed. 50. Subsection 23(2) of the Act is replaced by the following: Royal Canadian Mounted Police Act (2) For the purpose of subsection (1), the Commissioner of the Royal Canadian Mounted Police, when dealing with a matter in the exercise of any power under subsection 20.2(1) of the Royal Canadian Mounted Police Act, is deemed not to be dealing with the matter as a law enforcement authority. 2006, c. 9, s. 203 51. Subsection 24(2) of the Act is replaced by the following: Adjudicative decisions (2) The Commissioner must refuse to deal with a disclosure or to commence an investigation if he or she is of the opinion that the subject matter of the disclosure or the investigation relates solely to a decision that was made in the exercise of an adjudicative function under an Act of Parliament. 2006, c. 9, s. 219 52. Section 51.3 of the Act is repealed. Transitional Provisions Officers 53. Every person who was an officer of the Royal Canadian Mounted Police immediately before the coming into force of section 14, other than the Commissioner of the Royal Canadian Mounted Police, is deemed to have been appointed as an officer by the Commissioner of the Royal Canadian Mounted Police. Grievances 54. (1) Sections 31, 32 and 36 of the Royal Canadian Mounted Police Act, as they read immediately before the coming into force of section 26, continue to apply in respect of any grievance presented under Part III of that Act before that coming into force. Application of rules and regulations (2) Rules and regulations made under the Royal Canadian Mounted Police Act, as they read immediately before the coming into force of section 26, continue to apply in respect of any grievance to which subsection (1) applies. Formal disciplinary action 55. (1) A hearing initiated under subsection 43(1) of the Royal Canadian Mounted Police Act before the coming into force of section 27 may be continued as though section 27 had not come into force and the provisions of the Royal Canadian Mounted Police Act, other than section 45.15, as they read immediately before that coming into force, continue to apply in respect of any decision made in respect of the matter to which the hearing relates, including any appeal of that decision. Royal Canadian Mounted Police External Review Committee (2) In an appeal to which subsection (1) applies, subsection 45.16(1) of the Royal Canadian Mounted Police Act, as that subsection read immediately before the coming into force of section 27, applies in respect of any findings or recommendations set out in the report, if any, of the Royal Canadian Mounted Police External Review Committee, or its Chairman, only if the report had been received by the Commissioner of the Royal Canadian Mounted Police before that coming into force. Application of rules and regulations (3) Rules and regulations made under the Royal Canadian Mounted Police Act, as they read immediately before the coming into force of section 27, continue to apply in respect of any decision made in respect of the matter to which a hearing referred to in subsection (1) relates, including any appeal of that decision, except that (a) subsection 59(1) of the Royal Canadian Mounted Police Regulations, 1988 is to be read without the words “who shall forward the recommendation through the Minister to the Governor in Council for a determination”; and (b) the references to “Governor in Council” in subsection 59(2) of the Royal Canadian Mounted Police Regulations, 1988 are to be read as “Commissioner of the Royal Canadian Mounted Police”. Suspension (4) If, before the coming into force of section 27, a hearing was initiated under subsection 43(1) of the Royal Canadian Mounted Police Act in respect of a member of the Royal Canadian Mounted Police who was suspended under section 12.1 of that Act, the member continues to be suspended until his or her employment is terminated or the member is reinstated. Application of rules and regulations (5) Rules and regulations made under the Royal Canadian Mounted Police Act, as they read immediately before the coming into force of section 27, continue to apply in respect of any suspension to which subsection (4) relates. Discharge on grounds of unsuitability 56. (1) If a notice was served under subsection 45.19(1) of the Royal Canadian Mounted Police Act before the coming into force of section 28, sections 45.19 to 45.24, 45.26 and 45.27 of that Act, as they read immediately before that coming into force, continue to apply in respect of the matter to which the notice relates, including any appeal of any decision made in respect of that matter. Royal Canadian Mounted Police External Review Committee (2) In an appeal to which subsection (1) applies, subsection 45.26(1) of the Royal Canadian Mounted Police Act, as that subsection read immediately before the coming into force of section 28, applies in respect of any findings or recommendations set out in the report, if any, of the Royal Canadian Mounted Police External Review Committee, or its Chairman, only if the report had been received by the Commissioner of the Royal Canadian Mounted Police before that coming into force. Application of rules and regulations (3) Rules and regulations made under the Royal Canadian Mounted Police Act, as they read immediately before the coming into force of section 28, continue to apply in respect of any decision made in respect of the matter to which the notice relates, including any appeal of that decision, except that (a) subsection 61(1) of the Royal Canadian Mounted Police Regulations, 1988 is to be read without the words “who shall forward the recommendation through the Minister to the Governor in Council for a determination”; and (b) the references to “Governor in Council” in subsection 61(2) of the Royal Canadian Mounted Police Regulations, 1988 are to be read as “Commissioner of the Royal Canadian Mounted Police”. Administrative discharge 57. (1) If a notice was served under subsection 20(1) of the Royal Canadian Mounted Police Regulations, 1988 before the coming into force of section 23, sections 19 to 34 of those Regulations, as those sections read immediately before that coming into force, continue to apply in respect of the matter to which the notice relates, including any appeal of any decision made in respect of that matter. Application of rules and regulations (2) Rules and regulations made under the Royal Canadian Mounted Police Act, as they read immediately before the coming into force of section 23, continue to apply in respect of any decision made in respect of the matter to which the notice relates, including any appeal of that decision. Grievance of administrative discharge (3) If the ground for discharge is one specified in paragraph 19(a), (c), (f) or (i) of the Royal Canadian Mounted Police Regulations, 1988, a decision made under subsection 20(9) or section 21 of those Regulations may, after the coming into force of section 23, be grieved under Part III of the Royal Canadian Mounted Police Act as though section 23 had not come into force and, if it is, the grievance is deemed to have been presented before that coming into force and section 54 applies as a consequence. Voluntary resignation 58. The voluntary resignation of any member of the Royal Canadian Mounted Police that had not been accepted before the coming into force of section 23 may be accepted by the Commissioner of the Royal Canadian Mounted Police or any person designated by the Commissioner and, if it is accepted, the resignation of the member is final and irrevocable on that acceptance. Discharge of deceased member 59. A member of the Royal Canadian Mounted Police who died before the coming into force of section 23 and who had not been discharged from the Royal Canadian Mounted Police before that coming into force is deemed to have been so discharged immediately before that coming into force. Coordinating Amendments Bill C-38 60. (1) Subsections (2) to (25) apply if Bill C-38, introduced in the 3rd session of the 40th Parliament and entitled the Ensuring the Effective Review of RCMP Civilian Complaints Act (in this section referred to as the “other Act”), receives royal assent. (2) If subsection 2(1) of the other Act comes into force before subsection 12(2) of this Act, then that subsection 12(2) is repealed. (3) If subsection 12(2) of this Act comes into force before subsection 2(1) of the other Act, then that subsection 2(1) is repealed. (4) If subsection 2(1) of the other Act comes into force on the same day as subsection 12(2) of this Act, then that subsection 2(1) is deemed to have come into force before that subsection 12(2) and subsection (2) applies as a consequence. (5) On the first day on which both section 3 of the other Act and section 13 of this Act are in force, subsection 5(2) of the Royal Canadian Mounted Police Act is replaced by the following: Delegation (2) The Commissioner may delegate to any member, subject to any terms and conditions that the Commissioner specifies, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under subsections 45.38(4) and 45.39(10). (6) On the first day on which both subsection 4(2) of the other Act and subsection 25(1) of this Act are in force, paragraph 24.1(6)(b) of the Royal Canadian Mounted Police Act is replaced by the following: (b) any answer or statement made in response to a question described in subsection 40(1) or 45.63(2); (7) If section 27 of this Act comes into force before section 5 of the other Act, then that section 5 is repealed. (8) If section 5 of the other Act comes into force on the same day as section 27 of this Act, then that section 5 is deemed to have come into force before that section 27. (9) If section 27 of this Act comes into force before section 6 of the other Act, then that section 6 is repealed. (10) If section 6 of the other Act comes into force on the same day as section 27 of this Act, then that section 6 is deemed to have come into force before that section 27. (11) If section 7 of the other Act comes into force before section 29 of this Act, then that section 29 is repealed. (12) If section 7 of the other Act comes into force on the same day as section 29 of this Act, then that section 29 is deemed to have come into force before that section 7. (13) If section 7 of the other Act comes into force before section 30 of this Act, then that section 30 is repealed. (14) If section 7 of the other Act comes into force on the same day as section 30 of this Act, then that section 30 is deemed to have come into force before that section 7. (15) On the first day on which both section 45.55 of the Royal Canadian Mounted Police Act, as enacted by section 8 of the other Act, and section 27 of this Act are in force, that section 45.55 is amended by adding the following after subsection (4): Notification of complainant (5) If representations have been disclosed under subsection (3) with respect to the impact of the conduct of a member, the person who made the representations shall be notified of the disciplinary action, if any, taken against the member. The notification is to be made as soon as possible (a) after the taking of a decision that there will be no disciplinary action; or (b) after the later of (i) the disposition of any grievance related to the disciplinary action presented under the Royal Canadian Mounted Police Labour Relations Modernization Act and of any adjudication of that grievance under that Act, and (ii) the expiry of the time within which a grievance related to the disciplinary action may be presented under that Act or a reference to adjudication of such a griev- ance may be made. (16) On the first day on which both paragraph 45.63(4)(a) of the Royal Canadian Mounted Police Act, as enacted by section 8 of the other Act, and section 26 of this Act are in force, that paragraph 45.63(4)(a) is replaced by the following: (a) any answer or statement made in response to a question described in subsection 24.1(7) or 40(1); (17) On the first day on which both section 45.71 of the Royal Canadian Mounted Police Act, as enacted by section 8 of the other Act, and subsection 12(1) of this Act are in force, (a) subsection 45.71(3) of the Royal Canadian Mounted Police Act is repealed; and (b) section 45.71 of the Royal Canadian Mounted Police Act is amended by adding the following after subsection (10): Definitions (11) The following definitions apply in this section. “appropriate officer”« officier compétent » “appropriate officer”means the officer that the Commissioner may designate for the purpose of this section in respect of a complaint. “parties”« partie » “parties” means the appropriate officer, the member or other person whose conduct is the subject matter of a complaint and the complainant. (18) On the first day on which both section 9 of the other Act and subsection 31(1) of this Act are in force, subsections 46(1) and (1.1) of the Royal Canadian Mounted Police Act are replaced by the following: Definition of “board” — sections 47 to 47.3 46. (1) In this section and sections 47 to 47.3, “board” means a board of inquiry appointed under section 24.1 and, in sections 47.2 and 47.3, includes the Commission. (19) If section 10 of the other Act comes into force before section 32 of this Act, then, on the day on which that section 32 comes into force, paragraph 47.1(1)(a) of the Royal Canadian Mounted Police Act is replaced by the following: (a) in any proceeding before a board; or (20) If section 32 of this Act comes into force before section 10 of the other Act, then that section 10 is replaced by the following: 10. Paragraph 47.1(1)(a) of the Act is replaced by the following: (a) in any proceeding before a board; or (21) If section 10 of the other Act comes into force on the same day as section 32 of this Act, then that section 10 is deemed to have come into force before that section 32 and subsection (19) applies as a consequence. (22) On the first day on which both section 11 of the other Act and section 35 of this Act are in force, subsection 50(1) of the Royal Canadian Mounted Police Act is replaced by the following: Attendance of witnesses, etc. 50. (1) Every person is guilty of an offence punishable on summary conviction who (a) on being duly summoned as a witness or otherwise under section 24.1 or Part VII, makes default in attending; (b) being in attendance as a witness in any proceeding under section 24.1 or Part VII, (i) refuses to take an oath or solemn affirmation required of that person, (ii) refuses to produce any document or thing under that person’s control and required to be produced by that person, or (iii) refuses to answer any question that requires an answer; (c) at any proceeding under section 24.1 or Part VII, uses insulting or threatening language or causes any interference or disturbance; or (d) prints observations or uses words (i) that are likely to injure the reputation of a member of a board of inquiry appointed under section 24.1, the Commission or a witness in any proceedings before it by exposing that member or witness to contempt, insult or ridicule, or (ii) that are designed to dissuade a witness in any proceedings before that board from testifying. (23) If section 12 of the other Act comes into force before sections 36 of this Act, then that section 36 is repealed. (24) If section 36 of this Act comes into force before section 12 of the other Act, then that section 12 is repealed. (25) If section 12 of the other Act and section 36 of this Act come into force on the same day, then that section 12 is deemed to have come into force before that section 36 and subsection (23) applies as a consequence. PART 3 PERSONS DEEMED TO BE APPOINTED UNDER THE PUBLIC SERVICE EMPLOYMENT ACT Deemed appointment 61. (1) Every member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, who, on the date fixed by the Treasury Board and published in the Canada Gazette, does not form part of any category determined by the Treasury Board under paragraph 20.1(a) of the Royal Canadian Mounted Police Act is deemed, as of that date, to be a person appointed under the Public Service Employment Act and ceases to be a member, as defined in that subsection 2(1). Probation (2) Section 61 of the Public Service Employment Act does not apply to a person to whom subsection (1) applies if the person was not on probation under the Royal Canadian Mounted Police Act immediately before the date referred to in subsection (1). If the person was on probation under that Act immediately before that date, the person is deemed to be on probation under that section 61 for the remainder of the probationary period the person would have been under but for this section. PART 4 COMING INTO FORCE Order in council 62. (1) The provisions of this Act, other than sections 10 and 11, subsection 12(4) and section 60, come into force on a day to be fixed by order of the Governor in Council. Subsection 61(1) (2) Subsection 12(4) comes into force on the date referred to in subsection 61(1). Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada