What's new

Good morning,

I am delighted to announce several full-time and part-time appointments to the Federal Public Sector Labour Relations and Employment Board that were made recently by the Governor in Council on the recommendation of the Minister of Democratic Institutions.

Full-time appointments

Patricia Harewood -

Appointed for a term of five years, effective March 13, 2023

Ms. Harewood spent over a decade in a variety of roles at one of the largest unions in the federal public sector, where she also served as a senior advisor on equity. Ms. Harewood brings to the Board extensive experience in human rights, labour law, negotiations, and dispute resolution.

Pierre Marc Champagne -

Appointed for a term of five years, effective March 13, 2023

Mr. Champagne joined the Legislative Services Branch of the Department of Justice in 2007 and, in 2009, the Treasury Board Secretariat’s Legal Services as senior counsel. He has represented the Government of Canada in many labour- and employment-law disputes before the Board and the Federal Courts.

Goretti Fukamusenge -

Appointed for a term of five years, effective March 13, 2023

Ms. Fukamusenge has extensive litigation and research experience in the fields of labour and employment law and human rights. She worked for one of the largest unions in Canada's federal public sector, providing legal advice and representation in mediation and arbitration.

Christopher Rootham -

Appointed for a term of five years, effective April 3, 2023

Mr. Rootham has over 20 years' experience in private practice, specializing in public sector employment and labour relations law. Mr. Rootham represented unions, individual employees, and other institutions in a variety of matters, including labour, employment, and constitutional law.

Part-time appointments

David Orfald –

Appointed for a term of three years, effective April 1, 2023

Prior to being appointed as a part-time Board member, Mr. Orfald had been a full-time Board member of our Board since 2018. Previously, he played progressively senior staff management roles for one of the largest unions in Canada’s federal public sector over a period of 20 years, including roles as Senior Research Officer and Director of the Collective Bargaining Branch.

Fazal Bhimji -

Appointed for a term of three years, effective February 2, 2023

Mr. Bhimji has been involved with conflict resolution since 1991. He is an arbitrator, a Provincial Court Mediator, and a member of several mediation rosters. He has handled hundreds of disputes as a mediator/arbitrator, including mediations forthe Federal Mediation and Conciliation Service.

David Jewitt -

Appointed for a term of three years, effective February 2, 2023

Mr. Jewitt has extensive experience in labour relations and human rights litigation and mediation in the public and private sectors. While in private practice, he litigated exclusively in the labour and human rights fields, presenting cases before labour tribunals and at all levels of the courts, up to the Supreme Court of Canada.

Please note that a more comprehensive biography for each Board member will be posted on the Board’s Board's website shortly.

Edith Bramwell
Chairperson
Federal Public Sector Labour Relations and Employment Board

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.

E-filing System Maintenance – Wednesday December 7

Please note that we are planning a system upgrade of our e-filing portal on Wednesday, December 7, 2022, from 6:30 am until 9:00 am. As such, the portal will not be available during that period.

Regulatory Timelines – Holidays

Holiday Period (2022-2023)

The Federal Public Sector Labour Relations and Employment Board (the Board) is suspending all regulatory timeframes for complaints, grievances and other matters before the Board from Friday, December 23, 2022, to Monday, January 2, 2023, inclusively. In other words, the days during the holiday period will NOT count for the purpose of calculating regulatory deadlines or for calculating the administrative timelines in staffing matters, such as the 5-day period to reply to requests. The calculation of time limits will resume on Tuesday, January 3, 2023.

Note that the suspension of regulatory timelines does not apply to the time limits to present a grievance to the employer and for it to provide a decision as established by sections 68 and 72 of the Federal Public Sector Labour Relations Regulations and by sections 62, 64 and 65 of the Parliamentary Employment and Staff Relations Regulations. The time limits for these purposes established by a collective agreement are also not suspended.

Timelines set out in the Federal Public Sector Labour Relations Act (FPSLRA) (for instance, to file complaints under s. 190, such as duty of fair representation complaints, or complaints under s. 133 of the Canada Labour Code) remain in force and are not suspended.

Finally, unless otherwise stated, the suspension of regulatory timelines does not apply to filing deadlines set out in orders or directions of the Board.

The following examples illustrate how to calculate timeframes during the holiday period. Please note that this guidance tool has no legal status and does not provide legal advice. If you need legal advice, please contact a lawyer or other representative. In the event of any discrepancy between the legislation and the information contained here, the legislation will apply.

Example 1 (staffing complaint – Public Service Employment Act (PSEA))

The complainant’s allegations involving a staffing complaint are received on December 9, 2022, thus triggering the 15-day period for the deputy head’s reply. Since day 13 of the 15-day period is December 22nd, day 14 falls on the day following the holiday period, January 3, 2023. Therefore, the deputy head’s reply will be due on January 4, 2023 (day 15).

December 2022
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
					9	10 Day 1
11 Day 2	12 Day 3	13 Day 4	14 Day 5	15 Day 6	16 Day 7	17 Day 8
19 Day 9	19 Day 10	20 Day 11	21 Day 12	22 Day 13	23 X	24 X
25 X	26 X	27 X	28 X	29 X	30 X	31 X

January 2023
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
1 X	2 X	3 Day 14	4 Day 15

Example 2 (Reference to adjudication of an individual grievance – FPSLRA)

A copy of a notice of a reference to adjudication of an individual grievance is provided to the respondent on December 1, 2022, triggering the 30-day period for the respondent to file with the Board a copy of the decision that was made in respect of the grievance at each level of the applicable grievance process. Since day 21 is December 22, day 22 falls on the day following the holiday period, January 3, 2023. Therefore, the respondent’s response would be due on January 11, 2023 (day 30).

December 2022
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
				1	2 Day 1	3 Day 2
4 Day 3	5 Day 4	6 Day 5	7 Day 6	8 Day 7	9 Day 8	10 Day 9
11 Day 10	12 Day 11	13 Day 12	14 Day 13	15 Day 14	16 Day 15	17 Day 16
18 Day 17	19 Day 18	20 Day 29	21 Day 20	22 Day 21	23 X	24 X
25 X	26 X	27 X	28 X	29 X	30 X	31 X

January 2023
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
1 X	2 X	3 Day 22	4 Day 23	5 Day 24	6 Day 25	7 Day 26
8 Day 27	9 Day 28	10 Day 29	11 Day 30

Example 3 (Staffing – PSEA)

A Notification of Appointment or Proposal of Appointment (NAPA) has a notification date of December 8, 2022, and a complaint closing date of December 23, 2022. Since day 14 is December 22^nd, day 15 falls on the day following the holiday period, January 3, 2023. Therefore, the complainant would have until January 3, 2023 (day 15) to file their staffing complaint.

December 2022
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
				8	9 Day 1	10 Day 2
11 Day 3	12 Day 4	13 Day 5	14 Day 6	15 Day 7	16 Day 8	17 Day 9
18 Day 10	19 Day 11	20 Day 12	21 Day 13	22 Day 14	23 X	24 X
25 X	26 X	27 X	28 X	29 X	30 X	31 X

January 2023
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
1 X	2 X	3 Day 15

NATIONAL DAY OF MOURNING - NOTICE TO THE PARTIES AND STAKEHOLDERS

September 19, 2022, was set aside by proclamation to be observed as a national day of mourning to honour the memory of Her late Majesty Queen Elizabeth the Second and therefore it is a holiday. Please take note of the holiday and make the necessary adjustments to the timelines applicable to your matter in accordance with s.7 of the Public Service Staffing Complaints Regulations, s. 10 of the Federal Public Sector Labour Relations Regulations or s.2(2) of the Parliamentary Employment and Staff Relations Regulations.

Any hearings previously scheduled for September 19, 2022, have been rescheduled to September 20, 2022.

E-FILING TRAINING SESSION

Mandatory e-filing and training :

As some of you know, the FPSLREB launched its e-filing portal in 2019. It was first available to present staffing complaint forms and was then expanded for the referral to adjudication of an individua grievance pursuant to section 209(1)a) the FPSLRA in early 2020.

As a next step, the transmission of those two types of requests through the e-filing portal will become mandatory as of October 17, 2022. There will be a six (6) month grace period where the FPSLREB will accept forms filed by other means. However, such requests will not be processed until it is officially filed through our e-filing portal.

To help its stakeholders prepare for mandatory e-filing of individual grievance referrals and staffing complaints, the FPSLREB will offer support in the form of 2 videoconference presentations on Wednesday, June 22, 2022 at 2:00 p.m. (English) and 2:30 p.m. (French) to administrative employees usually responsible for the filing of grievance referrals and staffing complaints.

To register for either of the June 22 training sessions, please email training.formation@fpslreb-crtespf.gc.ca and specify your name, email, and which session you would like to attend.

Requests for clarification can be sent to training.formation@fpslreb-crtespf.gc.ca.

Appointment of full-time and part-time Board Members

It has been three years since the Federal Public Sector Labour Relations and Employment Board carried out a consultation in accordance with section 6 of the Federal Public Sector Labour Relations and Employment Board Act which provides that every member, other than the Chairperson or a Vice-chairperson, must be appointed from among eligible persons whose names are on a list prepared by the Chairperson after consultation with the employers and the bargaining agents.

In order to maintain an appropriate balance in the composition of the Board as mandated by subsection 6(3) of the Act, I am seeking your participation in the process of establishing this list by requesting you to submit for consideration the names of any eligible and qualified persons whom you recommend for appointment as full-time or part-time FPSLREB Board Members. There are presently three full-time vacancies, and there is the possibility of further part-time appointments.

Eligibility for appointment is referenced at section 5 of the FPSLREBA, 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. It is important for the Board’s composition to reflect the diversity of the Canadian population as a whole.

We also wish to advise that, in considering the eligibility requirements for a FPSLREB Member, whether full-time or part-time, it should be kept in mind that while involved in the full range of the Board’s activities, a Member’s duties will primarily be performed in the area of adjudication of Board matters, grievances, staffing complaints, and human rights complaints, as well as alternate dispute resolution processes. This may involve extensive travel to different locations across Canada.

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.

If you wish to submit your name for consideration to the Chairperson of the FPSLREB, it is important for any candidate to confirm in their covering letter that they meet the eligibility requirements set out in the FPSLREBA and that they would be willing to accept an appointment, if selected. In addition, an up-to-date curriculum vitae should be provided for each candidate who wishes to put their name forward, as well as an indication of whether the candidate wishes to be considered for a full-time or part-time position or for both full-time and part-time positions. Please send your curriculum vitae and other relevant information to communications.web@tribunal.gc.ca. The review of the cv’s submitted will begin on December 15, 2021.

National Day for Truth and Reconciliation

NOTICE TO THE PARTIES AND STAKEHOLDERS

Section 35(1) of the Interpretation Act (R.S.C., 1985, c. I-21) was recently amended to include the National Day for Truth and Reconciliation, which is observed on September 30 as a holiday. Accordingly, by legislative reference, the day is also recognized as a holiday under the Federal Courts Rules (SOR/98-106).

The National Day for Truth and Reconciliation provides an opportunity for all Canadians to acknowledge the legacy of residential schools. This recognition might take many forms; for example, taking the time to reflect and gain a deeper understanding of the history of residential schools or participating in a community event.

Any hearings previously scheduled for September 30 will be rescheduled.

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:

October 4, 2021 at 2pm EDT in French
October 7, 2021 at 2pm EDT in English
October 18, 2021 at 2pm EDT in English
November 15, 2021 at 2pm EST in English
November 25, 2021 at 2pm 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. Depending on the number of participants registered, you may be placed on a waiting list to attend a future session.

New Appointments at the Board

We are pleased to announce the appointments of a new Chairperson and two new Vice-Chairpersons:

Edith Bramwell has been appointed as Chairperson of the Board for a term of five years, effective April 26, 2021.
Marie-Claire Perrault has been appointed as Vice-Chairperson of the Board for a term of five years, effective April 30, 2021.
Amélie Lavictoire has been appointed as Vice-Chairperson of the Board for a term of five years, effective July 5, 2021.

We are also delighted to announce several full-time and part-time appointments:

New full-time Board members:

Caroline Engmann and Ian R. Mackenzie, have each been appointed for a term of five years, effective September 13, 2021, and September 28, 2021, respectively.

New part-time Board members:

Leslie Reaume, Guy Grégoire and David P. Olsen, have each been appointed for a term of three years, effective August 4, 2021.

Please click here to know more about the full composition of the Board.

Mediation by Videoconference: Reflections on the FPSLREB Experience

March 30, 2021, at 1:30 p.m. EST

The webinar will be held using the Zoom platform with simultaneous interpretation available.

Since the onset of the Covid-19 pandemic, the FPSLREB has been required to adjust its operations including its approach towards conducting mediation processes to comply with public health measures. In-person mediations have been curtailed and the FPSLREB has turned to online platforms to assist parties in resolving their disputes.

The 90-minute panel discussion will examine the shift to conducting mediations by means of videoconference over the past year. Panel members will discuss their experience participating in videoconference mediation and address a series of questions related to:

the challenges associated with mediating by videoconference
adjustments they have made in preparing for mediation
best practices to make the process work
how technology may impact resolution
the future of videoconference mediation

Panel Composition

Tom Clairmont, A\Director, Mediation & Dispute Resolution Services, FPSLREB
Tracey O’Brien, Mediator & Dispute Resolution Officer, FPSLREB
Sherrill Robinson-Wilson, Alternative Dispute Resolution Officer, PSAC
Jackie Setoguchi, Corporate Labour Relations Advisor, CFIA

Please click here to register free of charge.

Deadline for registration is Friday, March 26th.

Upon registering, participants will receive a confirmation email including instructions for joining the discussion.

Messages from the Board in response to the COVID-19 pandemic

December 14, 2020 - Notice from the Chairperson of the Board: In-person hearings

December 14, 2020

Notice from the Chairperson of the Board: In-person hearings

As the Government of Canada’s Chief Human Resources Officer stated recently, the number of positive cases of COVID-19 continues to rise quickly in many parts of Canada, and governments and public health authorities are responding with measures reflecting regional and local circumstances and needs.

In light of the current situation, the FPSLREB is continuing to suspend its usual practice of holding in-person hearings. All hearings will proceed by alternate means (e.g. videoconferencing, written submissions, etc.) until further notice.

The FPSLREB may consider requests from the parties that an in-person hearing is necessary in specific cases. If the FPSLREB determines that the matter must proceed by in-person hearing, it will not set hearing dates. The matter will be set aside until the FPSLREB decides that in-person hearings can be held safely.

Catherine Ebbs, Chairperson
Federal Public Sector Labour Relations and Employment Board

November 19, 2020 - Reopening of the Board’s offices and mail services

November 19, 2020

Reopening of the Board’s offices and mail services

Because of the COVID-19 pandemic, the Board’s offices were closed to the public, and mail delivery was restricted, throughout the summer.

Please note thatthe Board’s offices have reopened and that mail delivery has resumed. If you wish to communicate with the Board by mail, please use the following address:

Federal Public Sector Labour Relations and Employment Board
P.O. Box 1525, Station B
Ottawa, Ontario
K1P 5V2

You may also communicate with the Board by email or fax:

Email: director.directeur@fpslreb-crtespf.gc.ca
Fax: (613) 990-1849

July 9, 2020 - Post-Suspension Period Timelines

July 9, 2020

Post-Suspension Period Timelines

On March 20, 2020, the Chairperson of the Federal Public Sector Labour Relations and Employment Board (“the Board”) directed that all regulatory timeframes for complaints, grievances and Board matters were suspended due to the COVID-19 situation. The suspension period ended on July 5, 2020.

During the suspension period, the Board informally acknowledged receipt of any grievances or complaints it received and forwarded copies to the other parties. With the lifting of the suspension period, the Board has begun sending formal acknowledgments of receipt as well as notifications to other parties, together with detailed instructions as to the timelines for these cases, in accordance with its normal practice.

Given the volume of grievances and complaints received during the suspension period, the Board will be issuing the acknowledgments of receipt and notifications on a staggered basis over the next few weeks. The timelines set out in these cases will consequently be adjusted accordingly.

June 30, 2020 - Updated notice from the Chairperson of the Board – End of Suspension of Regulatory Timelines

June 30, 2020

Updated notice from the Chairperson of the Board – End of Suspension of Regulatory Timelines

On May 5, 2020, an order was issued declaring the regulatory timelines were suspended until July 5, 2020.

In consideration of the most recent guidance received from our provincial and federal authorities, the Federal Public Sector Labour Relations and Employment Board is in the process of resuming some of its regular activities.

Accordingly, the previous order will not be extended and as a result, the suspension of all regulatory timeframes will end on July 5, 2020. The calculation of these timelines will resume on July 6, 2020 (please see the tables for a more detailed explanation).

As a reminder, the process the Board will follow regarding hearing schedules was set out in a notice on June 8, 2020.

The Board’s office remains closed to the public and mail delivery is still restricted. Accordingly, please continue to file documents with the Board by electronic means, as follows:

By email to: director.directeur@fpslreb-crtespf.gc.ca; or
by fax to: (613) 990-1849

If you are unable to file documents electronically or if you are encountering any difficulties, please call 1-866-931-3454.

Catherine Ebbs, Chairperson
Federal Public Sector Labour Relations
and Employment Board

June 8, 2020 - Hearing Schedule

June 8, 2020

Hearing Schedule

Since March 2020, Board hearings have been postponed. The following outlines the process the Board will follow as of August 1, 2020. This process will ensure an effective approach to resuming Board activities while being mindful of the capacities of the Board Registry and the various parties affected.

The Board will issue an August 2020 schedule of cases, which will be composed of the cases from March 2020 that were postponed.
The Board will issue a September 2020 schedule of cases, which will be composed of the cases from April 2020 that were postponed.
Members with cases on the August and September 2020 schedules will review the case files and provide directions to the Registrar (for example, remove from schedule because matter will proceed by written submissions, keep on the schedule, remove from schedule because member wishes to have a case management conference with the parties). All cases will have a planned next step.
For the October 2020 schedule, members will review their cases assigned from the May, June and July schedules. They will then submit their directions on these cases to the Registrar. Cases for which assigned members request a hearing will be placed on the October or November schedule given the volume of cases for the schedule. Again, all cases will have a planned next step.

June 8, 2020 - Videoconferencing

June 8, 2020

Videoconferencing

In light of the Government of Canada's response to the COVID-19 pandemic, including physical distancing measures and the elimination of nonessential travel, as well as the Board's postponement of all in-person hearings for March through July 2020; and in anticipation that the current public health measures will be lifted slowly, the Board recognizes that it and the parties will continue to face limitations in carrying out a full schedule of in-person hearings for the foreseeable future. The Board has determined that greater use of videoconferencing is required to fulfil its mandate.

The FPSLREB has decided on an interim basis to adopt the use of the Zoom Professional platform or other appropriate platforms to conduct case conferences, mediations and hearings by videoconference. The decision to use videoconferencing shall be at the discretion of the panel of the Board or mediator assigned to a particular proceeding.

May 5, 2020 - Updated Notice from the Chairperson of the Board – COVID-19

May 5, 2020

Updated Notice from the Chairperson of the Board – COVID-19

As highlighted in my previous notices with respect to the impact of COVID-19 on the Board’s operations, the safety and health of everyone involved in matters coming before it are a priority. There have been developments since then, so I am issuing this new directive concerning the Board’s operations:

Hearings that were scheduled to be conducted in person from now to July 31, 2020, are postponed; they will be rescheduled later. However, subject to any restrictions imposed by public authorities, the Board may consider requests made by the parties on consent to commence or continue with in-person hearings before July 31, 2020.
During this period, Board members and mediators may contact the parties in these and other cases to explore options for moving forward, including by teleconference, written submissions, or other means acceptable to all the parties. The Board is exploring the feasibility of videoconferencing. Further information about it will be provided in due course.
On March 20, 2020, an order was issued declaring that all regulatory timeframes are suspended until May 31, 2020. In other words, the days during this period would not count for the purpose of calculating regulatory deadlines. The calculation of time limits was to resume on June 1, 2020. With respect to grievances, the suspension applied to the time limits set out in the Federal Public Sector Labour Relations Regulations and in the Parliamentary Employment and Staff Relations Regulations, to present a grievance to the employer and for it to provide a decision. However, any time limits for these purposes established by collective agreement were not suspended.
On May 5, 2020, a new order was issued declaring that all regulatory time frames will be suspended from June 1 to July 5, 2020, inclusively, meaning that the days during this period will also not count for the purpose of calculating regulatory deadlines. The calculation of these timelines will resume on July 6, 2020 (please see the tables for a more detailed explanation). However, the order now specifies that the suspension of regulatory timelines does not apply to the time limits established by the Federal Public Sector Labour Relations Regulations and by the Parliamentary Employment and Staff Relations Regulations, to present a grievance to the employer and for it to provide a decision. As with the order of March 20, 2020, the time limits for these purposes established by collective agreement are not suspended.
Timelines set out in the Federal Public Sector Labour Relations Act (for instance, to file complaints under s. 190, such as duty of fair representation complaints, or complaints under s. 133 of the Canada Labour Code) remain in force and are not suspended. Please note that the Federal Public Sector Labour Relations Regulations were recently amended to enable parties to file documents by email, which makes it easier for them to present such complaints and other initiating documents to the Board (see the What's New notice dated March 18, 2020, for more information).
Until further notice, all incoming mail will be kept on hold by the postal service and it will not be delivered to the Board. Therefore, it is recommended to communicate with the Board by email at mail.courrier@fpslreb-crtespf.gc.ca.
The Board will continue to actively monitor this situation as it evolves. Parties are encouraged to regularly check the Board's website for updates and information on the restoration of its regular operations. The Board is committed to being as flexible as reasonably possible in helping the public deal with this extraordinary situation and the hardship it is causing.
The Board appreciates the patience and understanding of the parties and their representatives in these challenging times.

Catherine Ebbs
_______________________________________

March 25, 2020 - Update: COVID-19

March 25, 2020

Update: COVID-19

Please note that until further notice, all incoming mail will be kept on hold by the postal service and will not be delivered to the Board. You are encouraged where possible to communicate with the Board by email instead at mail.courrier@fpslreb-crtespf.gc.ca.

March 20, 2020 - Notice from the Chairperson of the Board

March 20, 2020

Notice from the Chairperson of the Board

Update: COVID-19 and recent amendments to the Federal Public Sector Labour Relations Regulations

As was already indicated in an earlier notice posted on the Board’s website regarding the impacts of COVID-19 on the Board’s operations, the safety and health of everyone involved in hearings and mediation processes are a priority. Since issuing that notice, which declared that hearings until April 3, 2020, were postponed, the circumstances relating to the virus and the measures being taken to deal with it have evolved significantly.

Accordingly, I am now issuing a new directive concerning the operations of the Board:

All Board activities previously scheduled to occur between March 20 and May 29, 2020, including hearings, exchange of document lists, mediations, and the filing of written submissions, as well as telephone conferences, are postponed to a date to be determined later.
However, parties may submit on consent a request that a matter proceed by teleconference or written submission, which will be considered and ruled upon.
Of course, during this period, the parties may continue to work with Board mediators to assist them in resolving matters in whatever format is acceptable to all concerned, other than in-person meetings.
All regulatory timeframes for complaints, grievances and board matters between March 20 and May 31, 2020*, inclusively are suspended (see Chairperson’s Order dated March 20, 2020 ). In other words, the days during this period will NOT count for the purpose of calculating regulatory deadlines. The calculation of time limits will resume on June 1, 2020, (please see tables for a more detailed explanation of these calculations).
* Please note that the version of this communique that was originally posted stated erroneously that all regulatory timeframes were suspended until May 29. However, the Chairperson's Order states that the timeframes are suspended until May 31, 2020, inclusively.
The Board cannot suspend timelines set out in the Federal Public Sector Labour Relations Act itself (for instance, to file complaints under s. 190 of the Act – such as duty of fair representation complaints or complaints under s.133 of the Canada Labour Code). However, as explained below, amendments to the Federal Public Sector Labour Relations Regulations came into force on March 18, 2020, enabling parties to file documents by email, which makes it easier for them to present such complaints to the Board.
Please note that all mail will be retained until further notice.
The Board will continue to actively monitor this situation as it evolves. Parties are encouraged to regularly check the Board’s website for updates and information regarding the restoration of its regular operations. The Board is committed to being as flexible as reasonably possible in assisting the public to deal with this extraordinary situation and the hardship it is causing
The Board appreciates the patience and understanding of parties and their representatives in these challenging times.

Amendments to the Federal Public Sector Labour Relations Regulations (“Regulations”)

As is indicated on the Board’s website, amendments to the Regulations came into force on March 18, 2020. The changes brought about by these amendments are summarized in the What’s New section of the Board’s website. The amendments themselves can be viewed in the notice published in the Canada Gazette, Part II.

One of the key changes to the Regulations is that 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 includes initiating documents such as referrals of grievances to adjudication and unfair labour practices complaints.

In light of the current COVID 19 situation, parties are encouraged to take advantage of this new, simpler method to present initiating documents under the Federal Public Sector Labour Relations Act when possible. The forms for these and other Board proceedings are available on the Board’s website and once completed, they can be scanned and emailed to director.directeur@fpslreb-crtespf.gc.ca. The Board will be updating the forms shortly to a fillable format that will enable filing without the necessity to print and scan them for sending.

Please note that the filing of hard copies is no longer required in many cases (see the amendments to the Regulations in the Canada Gazette, Part II for further details). However, please ensure that any required documentation is attached to the email (for example, in the case of a referral to adjudication of an individual grievance, a copy of the grievance is required).

Catherine Ebbs
_______________________________________
Chairperson
Federal Public Sector Labour Relations and Employment Board

March 16, 2020 - Notice from the Chairperson of the Board

March 16, 2020

Notice from the Chairperson of the Board

The safety and health of everyone involved in our hearings and mediation processes are a priority for us. In order to mitigate the impacts of COVID-19, the Chairperson of the Federal Public Sector Labour Relations and Employment Board has decided that all in-person hearings and mediation sessions scheduled between March 16 and April 3, 2020, will be postponed.

Hearings and case conferences that are already scheduled to proceed by way of telephone conference during that period will proceed as scheduled, unless a request is made to adjourn.

We will monitor the situation closely as it evolves. Should circumstances dictate the postponement of hearing and mediation dates scheduled beyond April 3rd, the parties in the affected matters will be similarly advised. The rescheduling of hearings will be a priority for the Board as soon as it is considered appropriate. Mediators will work with parties to reschedule sessions as soon as possible.

Please note that the current situation could also have an impact on the timeframes specified in the regulations for complaints, grievances and board matters. Any new information in that regard will be published if and when necessary.

The Board is committed to being as flexible as possible in assisting the parties and the public to deal with this situation. Please don't hesitate to contact us should you have any further questions.

Regulatory timelines – Holidays

Holiday Period (2020-2021)

The Federal Public Sector Labour Relations and Employment Board (the Board) is suspending all regulatory timeframes for complaints, grievances and other matters before the Board from Thursday, December 24, 2020, to Sunday, January 3, 2021, inclusively. In other words, the days during the holiday period will NOT count for the purpose of calculating regulatory deadlines or for calculating the administrative timelines in staffing matters, such as the 5-day period to reply to requests. The calculation of time limits will resume on Monday, January 4, 2021.

Note that the suspension of regulatory timelines does not apply to the time limits to present a grievance to the employer and for it to provide a decision established by the Federal Public Sector Labour Relations Regulations and by the Parliamentary Employment and Staff Relations Regulations. The time limits for these purposes established by collective agreement are also not suspended.

Example 1 (staffing complaint – Public Service Employment Act (PSEA))

The complainant’s allegations involving a staffing complaint are received on December 11, 2020, thus triggering the 15-day period for the deputy head’s reply. Since day 12 of the 15-day period is December 23^rd, day 13 falls on the day following the holiday period, January 4, 2021. Therefore, the deputy head’s reply will be due on January 6, 2021 (day 15).

December 2020
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
					11	12 Day 1
13 Day 2	14 Day 3	15 Day 4	16 Day 5	17 Day 6	18 Day 7	19 Day 8
20 Day 9	21 Day 10	22 Day 11	23 Day 12	24 X	25 X	26 X
27 X	28 X	29 X	30 X	31 X

January 2021
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
					1 X	2 X
3 X	4 Day 13	5 Day 14	6 Day 15

Example 2 (Reference to adjudication of an individual grievance – FPSLRA)

A copy of a notice of a reference to adjudication of an individual grievance is provided to the respondent on December 1, 2020, triggering the 30-day period for the respondent to file with the Board a copy of the decision that was made in respect of the grievance at each level of the applicable grievance process. Since day 22 is December 23^rd, day 23 falls on the day following the holiday period, January 4, 2021. Therefore, the respondent’s response would be due on January 11, 2021 (day 30).

December 2020
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
		1	2 Day 1	3 Day 2	4 Day 3	5 Day 4
6 Day 5	7 Day 6	8 Day 7	9 Day 8	10 Day 9	11 Day 10	12 Day 11
13 Day 12	14 Day 13	15 Day 14	16 Day 15	17 Day 16	18 Day 17	19 Day 18
20 Day 29	21 Day 20	22 Day 21	23 Day 22	24 X	25 X	26 X
27 X	28 X	29 X	30 X	31 X

January 2021
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
					1 X	2 X
3 X	4 Day 23	5 Day 24	6 Day 25	7 Day 26	8 Day 27	9 Day 28
10 Day 29	11 Day 30

Example 3 (Staffing – PSEA)

A Notification of Appointment or Proposal of Appointment (NAPA) has a notification date of December 16, 2020, and a complaint closing date of December 31, 2020. Since day 7 is December 23^rd, day 8 falls on the day following the holiday period, January 4, 2021. Therefore, the complainant would have until January 11, 2021 (day 15) to file his or her staffing complaint.

December 2020
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
			16	17 Day 1	18 Day 2	19 Day 3
20 Day 4	21 Day 5	22 Day 6	23 Day 7	24 X	25 X	26 X
27 X	28 X	29 X	30 X	31 X

January 2021
Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
					1 X	2 X
3 X	4 Day 8	5 Day 9	6 Day 10	7 Day 11	8 Day 12	9 Day 13
10 Day 14	11 Day 15

March 18, 2020

Regulations Amending the Federal Public Sector Labour Relations Regulations

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.

October 21, 2019

Training Initiative by the Federal Public Sector Labour Relations and Employment Board

The Federal Public Sector Labour Relations and Employment Board (FPSLREB or “the Board”) is pleased to announce its training initiative to support harmonious labour and employment relations in the federal public sector.

As part of the Board’s mandate to resolve labour relations disputes and staffing complaints, the Board will offer courses designed to assist human resources and bargaining agent representatives in processes before the Board.

The training includes the following courses, of varying lengths:

Participating in Mediation at the Board: to assist parties in learning the basic skills of interest-based negotiation in the context of mediation at the Board. This interactive course allows parties to practice techniques to feel more comfortable participating in mediation to resolve their differences.
An Overview of the Board’s Mandate, Processes and Jurisprudence in Labour Relations Matters: to provide an understanding of the Board’s mandate relating to labour relations in the federal public sector, the procedures in place and an overview of some of its decisions on the matter.
An Overview of the Board’s Mandate, Processes and Jurisprudence in Staffing-Related Matters: to provide an understanding of the Board’s mandate relating to staffing complaints, the procedures in place and an overview of some of its decisions on the matter.

For more information about these courses, including dates and locations, please click here for the mediation training and here for the training in processes and jurisprudence. I encourage you to share this information within your organization.

Sincerely,

Virginia Adamson,
Executive Director and General Counsel