Bill C-10 questions and answers

Transitional provisions

Is the new Public Sector Equitable Compensation Act in force?

No, not yet. The Public Sector Equitable Compensation Act is included in Part 11 of the Budget Implementation Act, 2009, which received royal asset on March 12, 2009. However, the Public Sector Equitable Compensation Act will not come into force until it is proclaimed by order of the Governor in Council. No order has been issued, and therefore, the Act is not yet in force. It is expected that the Act will be proclaimed in force after its implementing regulations have been drafted, which could take several months. It is the Governor in Council’s responsibility to draft the Act’s regulations.

What is the Public Service Labour Relations Board’s role under this new Act?

When it comes into force, the Public Sector Equitable Compensation Act will amend the Board’s mandate by adding that its adjudication services, mediation services and compensation analysis and research services will be provided in accordance with that new Act, in addition to the Public Service Labour Relations Act. The Board will have jurisdiction to deal with complaints from employees alleging that the employer, or the employer and the bargaining agent in the case of unionized employees, are not complying with the provisions of the new Act.

I have a pay equity complaint that is currently at the Canadian Human Rights Commission (CHRC). What happens to that?

The Budget Implementation Act, 2009 provides that complaints that are before the Canadian Human Rights Commission relating to complaints under section 7 (employment) or 10 (policy or discriminatory practice) and all complaints relating to section 11 (equal wages) of the Canadian Human Rights Act are to be referred, without delay, to the PSLRB.

The PSLRB will acknowledge receipt of the files to the parties when this transfer has occurred and advise the parties of the next steps as required by the transitional provisions of the legislation.

What powers will the PSLRB have to handle my complaint?

Section 396 of the Budget Implementation Act, 2009 provides that the Public Service Labour Relations Board (the PSLRB) has the power (in addition to its powers under the Public Service Labour Relations Act) to interpret and apply section 7, 10 and 11 of the Canadian Human Rights Act, and the Equal Wages Guidelines, 1986.

It also has the power to make any order that a member or panel may make under section 53 of the Canadian Human Rights Act. There are limitations on the monetary remedies it can make.

What will they do when they get my complaint?

Section 396 of the Budget Implementation Act, 2009 prescribes that the Board will review each complaint in a summary way to first determine if it is trivial, frivolous or vexatious, or was made in bad faith.

If not, it will refer the complaint to the employer that was the subject of the complaint (or the employer and bargaining agent of the employees who filed the complaint), as it considers appropriate, and will offer the parties assistance in resolving the complaint (such as mediation).

The parties will have approximately 6 months to try to resolve the matter and can have extensions of time, if required.

If resolution is not achieved, the complaint will be scheduled for hearing.