What's New

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:

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

October 18, 2019

Holiday Period (2019-2020)

The Federal Public Sector Labour Relations and Employment Board (the Board) will suspend all timeframes specified in the regulations for complaints, grievances and board matters during the holiday period between December 21, 2019, and January 5, 2020, inclusively. In other words, the days during the holiday period will NOT count for the purpose of calculating the deadlines specified in the regulations. The calculation of time limits will resume on January 6, 2020.

The following examples illustrate how to calculate timeframes during the holiday period:

Example 1

The complainant’s allegations involving a staffing complaint are received on December 9, 2019, thus triggering the 15-day period for the deputy head’s reply. Since day 11 of the 15-day period is December 20th, day 12 falls on the day following the holiday period, January 6, 2020. Therefore, the deputy head’s reply will be due on January 9, 2020 (day 15).

December 2019
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
18
Day 9
19
Day 10
20
Day 11
21
X
22
X
23
X
24
X
25
X
26
X
27
X
28
X
29
X
30
X
31
X
       
January 2020
      1
X
2
X
3
X
4
X
5
X
6
Day 12
7
Day 13
8
Day 14
9
Day 15
   

Example 2

A notice of a reference to adjudication is acknowledged on December 10, 2019, triggering the 15-day period for the respondent’s reply. Since day 10 is December 20th, day 11 falls on the day following the holiday period, January 6, 2020. Therefore, the respondent’s response would be due on January 10, 2020 (day 15).

December 2019
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
    10
11
Day 1
12
Day 2
13
Day 3
14
Day 4
15
Day 5
16
Day 6
17
Day 7
18
Day 8
19
Day 9
20
Day 10
21
X
22
X
23
X
24
X
25
X
26
X
27
X
28
X
29
X
30
X
31
X
       
January 2020
      1
X
2
X
3
X
4
X
5
X
6
Day 11
7
Day 12
8
Day 13
9
Day 14
10
Day 15
 

Example 3

A Notification of Appointment or Proposal of Appointment (NAPA) has a notification date of December 16, 2019, and a complaint closing date of December 31, 2019. Since day 4 is December 20th, day 5 falls on the day following the holiday period, January 6, 2020. Therefore, the complainant would have until January 16, 2020 (day 15) to file his or her staffing complaint.

December 2019
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
  16
17
Day 1
18
Day 2
19
Day 3
20
Day 4
21
x
22
X
23
X
24
X
25
X
26
X
27
X
28
X
29
X
30
X
31
X
       
January 2020
      1
X
2
X
3
X
4
X
5
X
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
   

September 10, 2019

As the Board moves forward on harmonizing its practices, there are a number of changes that will be made to how the Registry interacts with parties in order to streamline our services and further the modernization and harmonization of its practices. The following are some upcoming changes that will be noticed by the parties: the elimination of formal acknowledgements of administrative steps, the phasing out of the use of facsimile in correspondence as well as transitioning to a generic email for all case related correspondence. Below you will find details about these initiatives.

Elimination of Certain Formal Acknowledgements Letters in Specific Cases after initial letter of acknowledgement

The Board’s Registry will be shifting from its current practice of formally acknowledging all general correspondence that it receives on case files related filed or referred pursuant to the FPSLRA and PESRA. While it will always acknowledge receipt of initiating documents, it will no longer be formally acknowledging receipt of the following:

The parties are reminded of their obligation in accordance with section 7 of the Federal Public Sector Labour Relations Regulations, and that they are required to copy all parties on future subsequent documents filed with the Board. The above referenced general correspondence that has been sent to all parties in a case will no longer be acknowledged by the Registry. The case files will be updated accordingly, however the parties will no longer receive a formal acknowledgement from the Registry.

Of note, the Board’s Registry will continue to monitor all incoming correspondence diligently to uphold its standard of service and will use suitable discretion when necessary to determine whether a formal acknowledgement is necessary. An acknowledgement may be sent to the parties should the Registry decide it deemed necessary. This will be determined on a case by case basis.   

Elimination of the Use of the Facsimile in Correspondence from the Board

The Registry has begun to eliminate the use of the facsimile for sending correspondence to parties regarding case files. Wherever possible, the Board will communicate with parties to case files by email. The parties are still welcome to send incoming correspondence to the Board by facsimile should they wish to do so but are also encouraged to use email.

Use of generic email address for correspondence related to case files

The Registry will be changing the way it communicates with parties on case files as of October 1, 2019. From that date onward, all case related correspondence will be sent from a generic email address and no longer from officers’ personal email addresses. This will ensure that all emails received from parties during an officer’s absence are received and, if possible, actioned in a timely manner. While currently the email mail-courrier@fpslreb-crtespf.gc.ca is used, the Registry is moving to a single generic inbox for case related correspondence.

The email director.directeur@fpslreb-crtespf.gc.ca will be the designated contact point on all case related correspondence. 

Any questions concerning the above referenced changes can be forwarded directly to the Registry at this email address: director.directeur@fpslreb-crtespf.gc.ca

August 9, 2019

On Monday, July 29, 2019, Part III of the Parliamentary Employment and Staff Relations Act (“the Act”) came into force, along with other amendments to the Act. Part III deals with occupational health and safety. Under s. 88(1) of the Act, an applicable employee can now file a complaint with the Federal Public Sector Labour Relations and Employment Board (“the Board”) alleging that an employer has taken action against him or her in contravention of s. 147 of the Canada Labour Code. Furthermore, those employees can appeal ministerial decisions and directions with respect to Part II of the Canada Labour Code to the Board (see ss. 129(7) and 146(1) of the Canada Labour Code).

August 6, 2019

The Accessible Act Canada

On July 11, 2019, An Act to ensure a barrier-free Canada (the Accessible Canada Act) came into force (S.C. 2019, c. 10), creating new duties and functions for the Federal Public Sector Labour Relations and Employment Board (Board).

The objective of the Accessible Canada Act is to enhance the “full and equal” participation of all individuals (especially those living with disabilities) in society, through the identification, removal and prevention of barriers in areas under federal jurisdiction.

The Accessible Canada Act applies to the federally regulated private sector, which includes the banking, transportation and telecommunications sectors, as well as the Government of Canada, Crown corporations and Parliament. Under the Accessible Act Canada, these organizations will be required to develop and publish accessibility plans that describe how they will identify, remove and prevent barriers to accessibility. They will also be required to establish a mechanism for receiving and addressing feedback on accessibility from anyone who interacts with them. Finally, they will have to develop regular progress reports on the implementation of their plans and how they address any feedback they receive.

The Accessible Canada Act also establishes new structures and positions, including the Accessibility Commissioner, who will spearhead compliance and enforcement activities under the legislation, and the Canadian Accessibility Standards Development Organization, which will develop accessibility standards and regulations (Regulations) in collaboration with the disability community and industry.

Individuals who suffer physical or psychological harm, property damage or economic loss, or are otherwise adversely affected by a contravention of a provision of the Regulations once they are created will have recourse under the Accessible Canada Act. For most people, that recourse will be to file a complaint with the Accessibility Commissioner, who will investigate it. However, in the case of employees in the federal public sector and Parliamentary employees, if the contravention can be addressed through the labour grievance process, they will have the right to present and refer to the Board grievances about such contraventions. A new “stand-alone” grievance right is effectively created for these employees, which can be referred to the Board, whether or not any of the other existing bases for referral to adjudication are present, such as disciplinary action or termination of employment. This will be the only recourse about a contravention of the Regulations available to these employees.

Similarly, in the context of internal staffing matters in the federal public service, namely, appointments and layoffs, employees will be able to raise within their complaints any contraventions of the Regulations, and the Board will be entitled to interpret and apply the Accessible Canada Act in determining if the complaints are substantiated.

The Board also acquires an unprecedented appeal function of Accessibility Commissioner decisions as they relate to complaints from members of the public and some Parliamentary employees in matters associated with Parliamentary entities.

Furthermore, the Accessible Canada Act requires that the Board collaborate with other bodies responsible for its enforcement, including the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, and the Canadian Human Rights Commission. To meet this objective, these organizations have established the Council of Federal Accessibility Agencies.

July 12, 2019

I am delighted to announce several 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. The appointments came into effect on July 10, 2019.

Renaud Paquet, and Joanne Archibald have been appointed as part-time Board members for a term of three years, respectively.

Mr. Paquet has extensive experience as a negotiator, mediator and adjudicator. He was a full-time Board member of the Public Service Labour Relations Board from 2008 to 2014, and vice-chairperson of that same Board from 2010 to 2014.

Ms. Archibald is currently a member of the Alberta Human Rights Commission and was a full-time member of the Public Service Staffing Tribunal from 2010 to 2015. She has served as a mediator both within the public service and the Provincial Court of Alberta.

Catherine Ebbs, Chairperson

May 27, 2019

It is with great sadness that the Board informs you of the passing of Mr. Stephan J. Bertrand on Friday May 24th, 2019. Mr. Bertrand was a skilled arbitrator with many years of experience. He was a full-time member of the FPSLREB since December 30, 2010. Prior to joining the Board, Mr. Bertrand had, among other things, a distinguished career working as a lawyer in employment and labour law.

The Board gives its deepest condolences to the entire family of Mr. Bertrand.

The celebration of Mr. Bertrand’s life will be held on Saturday June 1st, 2019 at the Beechwood National Memorial Centre, 280 Beechwood Ave, to pay him final tribute. The family will receive condolences starting 3 p.m., and the celebration will start at 4:30 p.m.

https://www.beechwoodottawa.ca/en/services/stephane-bertrand-0

Catherine Ebbs, Chairperson

Effective June 1, 2019.

See the Board’s new Postponement Policy of Hearings (the Policy). The Policy replaces all previous postponement policies of the Board. It applies to all legislative frameworks of the Board. The Policy also constitutes an important part of the Board’s renewed case management strategy.

February 25, 2019

Please note that the FPSLREB has launched its e-filing service for staffing complaints (Form 1 only). As a result, the current complaint form is no longer available. A printable version of the form is still available on our Forms page.

Please ensure that any link to Form 1 on your website is updated accordingly.

October 24, 2018

Holiday Period (2018-2019)

The Federal Public Sector Labour Relations and Employment Board (the Board) will suspend all regulatory timeframes for complaints, grievances and board matters between December 22, 2018, and January 2, 2019, inclusively. In other words, the days during the holiday period will NOT count for the purpose of calculating regulatory deadlines. The calculation of time limits will resume on January 3, 2019.

The following examples illustrate how to calculate timeframes during the holiday period:

Example 1

The complainant’s allegations involving a staffing complaint are received on December 7, 2018, thus triggering the 15-day period for the deputy head’s reply. Since day 14 of the 15-day period is December 21st, day 15 would fall on the day following the holiday period, January 3, 2019. Therefore, the deputy head’s reply will be due on January 3, 2019 (day 15).

December 2018
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
          7
8
Day 1
9
Day 2
10
Day 3
11
Day 4
12
Day 5
13
Day 6
14
Day 7
15
Day 8
16
Day 9
17
Day 10
18
Day 11
19
Day 12
20
Day 13
21
Day 14
22
X
23
X
24
X
25
X
26
X
27
X
28
X
29
X
30
X
31
X
         
January 2019
    1
X
2
X
3
Day 15
   

Example 2

A notice of a reference to adjudication is acknowledged on December 13, 2018, triggering the 15-day period for the respondent’s reply. Since day 8 is December 21st, day 9 would fall on the day following the holiday period, January 3, 2019. Therefore, the respondent’s response would be due on January 9, 2019 (day 15).

December 2018
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
        13
14
Day 1
15
Day 2
16
Day 3
17
Day 4
18
Day 5
19
Day 6
20
Day 7
21
Day 8
22
X
23
X
24
X
25
X
26
X
27
X
28
X
29
X
30
X
31
X
         
January 2019
    1
X
2
X
3
Day 9
4
Day 10
5
Day 11
6
Day 12
7
Day 13
8
Day 14
9
Day 15
     

Example 3

A Notification of Appointment or Proposal of Appointment (NAPA) has a notification date of December 18, 2018, and a complaint closing date of January 2, 2019. Since day 3 is December 21st, day 4 would fall on the day following the holiday period, January 3, 2019. Therefore, the complainant would have until January 14, 2019 (day 15) to file his or her staffing complaint.

December 2018
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
    18
19
Day 1
20
Day 2
21
Day 2
22
X
23
X
24
X
25
X
26
X
27
X
28
X
29
X
30
X
31
X
         
January 2019
    1
X
2
X
3
Day 4
4
Day 5
5
Day 6
6
Day 7
7
Day 8
8
Day 9
9
Day 10
10
Day 11
11
Day 12
12
Day 13
13
Day 14
14
Day 15
         

June 29, 2018

The following practice direction was suspended in 2015 and, with some modifications, will now be in effect as of September 4, 2018, for all matters scheduled after September 1, 2018.

Adobe Logo  Pre-hearing Exchange of Document Lists

June 22, 2017

On Monday, June 19, 2017, 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), came into force.

This new law changes the name of the Public Service Labour Relations and Employment Board to Federal Public Sector Labour Relations and Employment Board. It also changes the title of the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and the Public Service Labour Relations Regulations, to Federal Public Sector Labour Relations Act, Federal Public Sector Labour Relations and Employment Board Act and Federal Public Sector Labour Relations Regulations, respectively.

This new law also amends the Public Service Labour Relations Act to provide for a labour relations regime for members of the Royal Canadian Mounted Police and reservists. It provides a process for an employee organization to acquire collective bargaining rights for members and reservists and includes provisions that regulate collective bargaining, arbitration, unfair labour practices and grievances. It also amends the Royal Canadian Mounted Police Act to bar grievances related to the interpretation and application of a collective agreement or arbitral award, which are to be filed in accordance with the Public Service Labour Relations Act.

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), came into force on June 22, 2017.

This new law amends the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to restore the procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015.

In the coming days, our website will be modified to reflect these changes.