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Main page on: Public Service Labour Relations Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/P-33.3/256477.html
Act current to September 15, 2006

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PART 4

GENERAL

Defects in Proceedings

241. (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 applicable grievance process is not a defect in form or a technical irregularity for the purposes of subsection (1).

Restriction on Admissibility of Evidence

242. Except in the case of a prosecution for perjury,

(a) testimony or proceedings before an arbitration board are not admissible in evidence in any court in Canada; and

(b) reports of a public interest commission, and testimony or proceedings before a public interest commission, are not admissible in evidence in any court in Canada.

Protection

243. Members of the Board, members of arbitration boards, members of public interest commissions, mediators, adjudicators, persons seized of referrals under subsection 182(1), persons employed by the Board and persons engaged under subsection 50(1) 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.

244. 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 or any of its members or of an adjudicator;

(b) notes or draft reports of a mediator, a public interest commission 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.

245. No criminal or civil proceedings lie against a member of the Board, a member of an arbitration board, a member of a public interest commission, a mediator, an adjudicator, a person seized of a referral under subsection 182(1), a person employed by the Board or a person engaged under subsection 50(1) 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

246. 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

247. (1) Members of arbitration boards, mediators, adjudicators, persons appointed under subsection 53(2) and persons seized of referrals under subsection 182(1) are entitled to be paid the remuneration and expenses that may be fixed by the Governor in Council.

Remuneration and expenses

(2) Members of public interest commissions are entitled to be paid the remuneration and expenses that may be fixed by the Minister.

Party to pay

(3) If a public interest commission consists of three members, the remuneration and expenses to be paid to the member of the commission nominated, or deemed to be nominated, by a party is to be paid by that party.

Witness Fees

248. A person who is summoned by the Board, an arbitration board, a public interest commission 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

249. The Board must provide members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(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

250. (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

251. (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

252. Five years after the day on which this section comes into force, the minister designated by the Governor in Council for the purposes of this section 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.






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