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Notice to the parties and stakeholders – National Day for Truth and Reconciliation

September 20, 2023

September 30, 2023, marks the National Day for Truth and Reconciliation. This day recognizes the tragic legacy of one of the cruellest aspects of colonization, and its continuing impact on the present day.

On this day, we mourn the multiple consequences of the residential school system, including forced assimilation, stolen children, broken families and cultural genocide. At the same time, we recognize and respect the tremendous resilience, strength and courage of indigenous peoples across Canada. And we renew our commitment to right relations with indigenous peoples.

The National Day for Truth and Reconciliation will be observed by the Board on Monday, October 2, 2023, to provide its members and staff time to acknowledge and commemorate the painful history and ongoing impacts of residential schools.

As such, all hearings and other case-related activities scheduled on Monday, October 2, 2023, will be rescheduled.

Message from the Chair

I am delighted to announce the following appointment to the Federal Public Sector Labour Relations and Employment Board that was made recently by the Governor in council on the recommendation of the Minister of Democratic Institutions:

Full-time appointment
Adrian Bieniasiewicz
Appointed for a term of five years, effective September 4, 2023

Mr. Bieniasiewicz began his career as a litigator at the Department of Justice, where he practised in the areas of labour and employment, human rights and general civil litigation. Prior to his appointment as a member of the FPSLREB, Mr. Bieniasiewicz served as senior counsel to two national appellate courts, the Federal Court of Appeal and the Court Martial Appeal Court of Canada.

Edith Bramwell
Chairperson
Federal Public Sector Labour Relations and Employment Board

Appointment of full-time and part-time Board Members

The Federal Public Sector Labour Relations and Employment Board (the Board) is carrying out a process for the appointment of full-time and part-time Board Members, in accordance with section 6 of the Federal Public Sector Labour Relations and Employment Board Act (the Act).

The duties of a Board Member are primarily performed in the area of adjudication of Board matters such as grievances, staffing complaints, and human rights complaints, as well as alternate dispute resolution processes. It may also involve extensive travel to different locations across Canada.

Eligibility for appointment is referenced at section 5 of the Act, which stipulates that, to be eligible to hold office as a member, a person must:

be a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
not hold any other office or employment under the employer;
not be a member or hold an office or employment under an employee organization that is a bargaining agent; and,
not accept or hold any other office or employment or carry on any activity that is inconsistent with the person’s duties or functions.

As per section 6(1.1) of the Act, the Chairperson must also take into account the need for the Board to have two members with knowledge of police organizations.

Full-time Board members are appointed by the GIC on the recommendation of the Minister for a term not exceeding five years. On appointment, a full-time Member is required to reside in the National Capital Region. Part-time members are appointed by the GIC on the recommendation of the Minister for a term not exceeding three years.

As stated in our 2021-22 Annual Report, the Board doesn’t just deal with cases — it deals with people. As such, it is imperative that its services are offered in an accessible, inclusive, timely, and transparent manner. It is important for the Board’s composition to reflect the diversity of the Canadian population as a whole.

Anyone who meets the above-mentioned requirements can submit its curriculum vitae as well as any other relevant information to communications.web@tribunal.gc.ca, no later than Friday, September 15, 2023. Please also indicate whether you wish to be considered for a full-time or part-time position or for both full-time and part-time positions.

Should you have any questions or concerns regarding the above, please do not hesitate to contact Jennifer Hamilton, Executive Director, Board Secretariat (Jennifer.hamilton@tribunal.gc.ca).

Introduction to Mediation at the Board

The Mediation and Dispute Resolution Services (MDRS) is offering virtual sessions to introduce parties to the mediation services at the Federal Public Sector Labour Relations and Employment Board (FPSLREB). These sessions will be held at various times as indicated below in both English and French. Sessions are interactive in nature, are 90 minutes in duration, and will be held using the Zoom platform.

Background:

This session was developed based on requests to provide customized training to stakeholders on mediation services at the FPSLREB, and how mediation may be applicable to various staffing, labour relations and collective bargaining situations and disputes. Mediators developed this session based on past experience in training and mediation sessions.

Objectives:

Acquaint participants with the Board’s mandate, stakeholder groups and role of the Mediation and Dispute Resolution Services within the Board
Discuss the use of mediation through practical examples of mediators and participants
Explore the benefits of mediation, roles of all participants in the process and the various steps of the FPSLREB mediation process

Dates:

September 15, 2023 at 1:30pm EDT in French
September 29, 2023 at 1:30pm EDT in English
October 10, 2023 at 1:30pm EDT in English
October 23, 2023 at 1:30pm EDT in French
November 10, 2023 at 1:30pm EST in English
November 24, 2023 at 1:30pm EST in French

Registration:

To register free of charge, please e-mail Training.Formation@fpslreb-crtespf.gc.ca indicating your choice of session along with your e-mail address and telephone number. Once registration is confirmed by the Mediation and Dispute Resolution Services team, participants will receive a confirmation email including instructions to join the session using the Zoom platform.

The number of participants per session is limited to 25. If sessions do not have sufficient attendance, the session may be cancelled or postponed. Depending on the number of participants registered, you may be placed on a waiting list to attend a future session.

Archived

E-Docs Portal – a document sharing portal

As part of the modernization of our information management processes, a document sharing portal has been developed to facilitate the exchange of information. The e-Docs Portal will allow you to share large documents without having to divide them into multiple submissions and to share them in real time during a hearing, as needed.

Starting in June 2023, all the parties before the Board will have the opportunity to submit their hearing documents via the e-Docs Portal. The transmission of documents through the Portal will become mandatory as of January 2024. Until then, there will be a grace period where the FPSLREB will accept hearing documents filed by emails should you experience issues with the Portal.

Further instructions as well as a naming convention guide will be posted on this web site in the coming weeks.

Parties to a hearing will also receive an email notification prior to the hearing reminding them to register to the Portal. A training document as well as the naming convention will be included in that email.

In order to help us improve the customer experience, please feel free to share your feedback on your experience with the portal to provide feedback on your experience, click here.

Settlement Conferences

The Federal Public Sector Labour Relations and Employment Board (FPSLREB) introduced in March 2022 a Settlement Conference Pilot Project as part of the Case Flow Initiative.

We are happy to announce that based on the success of the pilot, settlement conferences now officially form part of the Alternate Dispute Resolution (ADR) options offered at the FPSLREB. This will further enhance our commitment to improve access to justice and increase the use of different dispute resolution mechanisms. As such, parties can expect that files referred to the Board might be put on the Settlement Conference schedule. Parties can also contact mdrs-smrd@fpslreb-crtespf.gc.ca to jointly request that a file be added to the schedule.

Click here to learn more about settlement conferences.

For more information, click here.

New Virtual Session at the Board

Mediation and Dispute Resolution Services (MDRS) has launched a new virtual session to introduce parties to the mediation services at the Federal Public Sector Labour Relations and Employment Board (FPSLREB). This session was developed based on requests to provide customized training to stakeholders on mediation services at the FPSLREB, and how mediation may be applicable to various staffing, labour relations and collective bargaining situations and disputes.

For more information, click here.

Interim Guidelines on Hearing Mode Selection

The Board will shortly be providing a brief survey to stakeholder organizations, to canvas views on remote and in-person hearing options. New Guidelines on Hearing Mode Selection will be released in 2023.

In the interim, a party may, at any time, request that a case be heard in a different mode than the one in which it was scheduled.

Hearing mode proposals must be received no later than 45 days before the scheduled hearing. The Board member assigned to the case will determine whether the request can be granted. The proposal, if granted, may result in a postponement.

For the first quarter of 2023, the following categories of cases will generally be scheduled for in-person hearings:

Cases scheduled for more than two days of hearing in British Columbia, Alberta, the Yukon and the Northwest Territories
Termination cases
Cases with national security considerations

Special consideration will also be given to cases requiring simultaneous interpretation.

Amendments to the Public Service Staffing Complaints Regulations

This is to inform you that amendments have been made to the Public Service Staffing Complaints Regulations (SOR/2006-6, Regulations). The amendments came into force on November 22, 2022.

Description of key amendments

The following amendments to the Regulations were made to align the Regulations with various legislative changes, as well as address editorial and procedural issues to render Board proceedings more efficient.

Status Review

The Regulations were amended to include a new status review provision for “dormant cases” to enable the Board to better manage its caseload.

Definition

The definitions of “signature” and “contact information” have also been added to reflect the requirements of electronic filing.

The definition of “respondent” has been added to better distinguish between cases where the Public Service Commission is considered a respondent and those where it is an “other party,” as well as to simplify any references throughout the Regulations to deputy heads as responding parties.

Informal and expeditious proceeding

This guidance as to how the Board conducts its proceedings is extended to all staffing proceedings before it.

Extension of timelines

The Regulations are amended to give the Board more latitude to extend timelines.

Reply to allegations

A provision is added to address a respondent’s failure to reply to the allegations.

Accessible Canada Act

Consequential amendments to the Regulations are required to reflect the coming into force of the Accessible Canada Act, by adding provisions for providing notice to the Accessibility Commissioner.

Gender neutral wording

Gender neutral wording is adopted for the English version of the Regulations.

Housekeeping issues

Amendments are made to the English and French terminology to better align the English and French versions of the Regulations.

The specific sections related to these changes as well as additional information can be found in the Canada Gazette, Part II. Justice will update its Justice Laws Website in due course with an updated version of the Regulations.

Orientation Sessions on Videoconference Mediation

The Mediation and Dispute Resolution Services has launched a new orientation session to help parties effectively participate in videoconference mediation. These sessions will be held at various times as indicated below in both English and French. Sessions are interactive in nature, are 90 minutes in duration, and will be held using the Zoom platform.

Background:

Since the onset of the COVID-19 pandemic, the FPSLREB has been required to adjust how it conducts its business, including its approach towards conducting mediation processes to comply with public health measures. As such, the FPSLREB has turned to online platforms to assist parties in the resolution of their disputes.

Objectives:

Acquaint participants with the various aspects of videoconference mediation at the FPSLREB
Discuss special techniques to participate effectively in the mediation process, and
Help participants develop their approach to the online mediation process

Dates:

Dates to be determined

Registration:

The number of participants per session is limited to 25. Depending on the number of participants registered, you may be placed on a waiting list to attend a future session.

Regulations Amending the Federal Public Sector Labour Relations Regulations

March 18, 2020

As of March 18, 2020, portions of the regulations relating to the matters arising before the Federal Public Sector Labour Relations and Employment Board (the Board) have been amended to reflect a number of changes brought about by the coming into force of An Act to amend the Canada Labour code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act (S.C. 2017, c. 12; Bill C-4), An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures (S.C. 2017, c. 9; Bill C-7),and An Act to amend the Federal Public Sector Labour Relations Act and other Acts (S.C. 2018, c. 24; Bill C-62). Some amendments were also made for reasons related to modernization and housekeeping.

Key amendments consist of the following:

Status review

A new status review provision for “dormant cases” has been included to enable the Board to better manage its caseload.

Electronic filing

Parties will now be allowed to send or file documents by electronic means, as well as by the existing means of mail, fax and hand delivery. This change entails amending many provisions of the Regulations to require parties to provide their electronic mail addresses.

Deadline

The 4:00 p.m. deadline, Ottawa time, has been removed, and clarifications have been added with respect to when documents are deemed to have been received by the Board.

Forms

The forms were previously set out in the Schedule to the Regulations. While they continue to exist, the Board now has more flexibility to alter the forms’ content without having to go through a complex regulatory amendment process. The information that a party must provide in a given matter is now set out specifically in the Regulations rather than in the forms that are currently found in the Schedule.

Requirement to file multiple copies

It is no longer required to file multiple copies of documents. Where needed, the requirement will be stated on the online forms instead.

Royal Canadian Mounted Police (RCMP)

The RCMP is now included in the procedures for applications for certification and revocation.

Definition

The definition of “day” has been added to the Regulations for added clarity given the introduction of electronic filing. The definitions of “signature” and “contact information” have also been added to reflect the requirements of electronic filing.

Dispute resolution

The definition of « initiating documents » has been amended to include applications for an essential services agreement, applications to amend an essentials services agreement, applications for the amendment or suspension of an essential services agreement in an emergency situation and applications for an extension of time under s.133 of the FPSLRA.

Given that s.158.1 of the FPSLRA was repealed as a result of the coming into force of Bill C-62, certain provisions of the Regulations were amended or repealed to reflect this legislative change. New provisions were also introduced, essentially restoring the dispute resolution provisions that existed before December 13, 2013.

Representation of grievor not included in bargaining unit

A new provision has been added to address the representation of a grievor who is not included in a bargaining unit.

Coming into force

The Regulations came into force on the day that they were registered, March 18, 2020.