Practice Note 04 - Determine which Act applies

On April 1, 2005, the new Public Service Labour Relations Act (the Act) came into force and replaced the Public Service Staff Relations Act (the former Act). As a result, the Public Service Labour Relations Board (the Board) replaced the former Public Service Staff Relations Board.

On the same date, the Board adopted the new Public Service Labour Relations Board Regulations (the Regulations), which replaced the former P.S.S.R.B. Regulations and Rules of Procedure, 1993. 

The Public Service Modernization Act (PSMA) contains transitional provisions relating to the coming into force of the Act.

Therefore, this practice note serves as a notice regarding changes related to which Act applies when referring a grievance to adjudication at the Board.

Determining which Act applies

As stated in section 61 of the Public Service Modernization Act, certain grievances will still be dealt with under the former Act after April 1, 2005, even though the new Act will be in force. They are: 

• Grievances that were presented prior to April 1 2005 that are not finally dealt with by April 1 2005.

Grievances that were presented on or after April 1 2005 will be dealt with in accordance with the provisions of the new Act.

Please consult practice notes 5 through 8 for more details related to grievances under the new Act.

The assistance of all parties, intervenors and interested persons in assuring that the transition from the Public Service Staff Relations Act to the Public Service Labour Relations Act is done in an efficient manner would be greatly appreciated.

Dated this 1st day of April 2005

Amended May 25, 2005

Disclaimer

This is one of a series of practice notes prepared by the Board's operations staff. This is not an official document and is not binding on the Board. The practice notes are designed to provide general information to parties so that they may have a better understanding of the Board's processes. Therefore, these practice notes are not a substitute for legal advice.