Letter to Minister Brison about Bill C-62

April 23, 2018

The Honourable Scott Brison
President of the Treasury Board
90 Elgin Street, 8^th Floor
Ottawa ON K1A0R5
By email: President@tbs-sct.gc.ca

Dear Minister Brison,

RE: Progress of Bill C-62 and Renewal of Interim Measures

I am writing you on behalf of the Professional Institute of the Public Service of Canada (“Institute”) to seek formal renewal of the interim measures that were put in place by the Government pending the repeal of Division 17 of Bill C-4 (Economic Action Plan 2013 Act, No. 2) (“Bill C-4”).

As you aware, the Institute’s legal challenge to Division 17 of Bill C-4 (Court File: 15-64317) was adjourned on the basis of the Government’s commitment to repeal Division 17 of Bill C-4 and its agreement to put in place interim measures in the meanwhile. On June 3, 2016, you wrote to all of the Heads of the Bargaining Agents (see attached) setting out the interim measures that the Government had agreed to put in place. As set out in your letter, these measures were “meant to reflect, to the extent possible, the spirit of the pre-Bill C-4 regime,” and included choice with respect to the dispute resolution method, clarification regarding the factors to apply at arbitration or conciliation, and a process for handling essential service designations. As well, these measures were “effective for the current round of bargaining and would cease once new legislation is passed.”

The Institute is presently preparing for the upcoming new round of bargaining. Unfortunately, Bill C-62: An Act to amend the Federal Public Sector Labour Relations Act and other Acts, the legislation which will repeal both the impugned provisions of Bill C-4 (regarding Essential Services and Dispute Resolution Processes) and C-59 (regarding Sick Leave and Disability Programs), is only at the committee stage and has not yet been passed by the House of Commons or Senate.

I am informed by the Institute’s senior representatives that their Treasury Board counterparts have assured them that the interim measures regarding choice of dispute resolution method, arbitration/conciliation factors, and essential services designations will continue to apply for the upcoming round of bargaining. However, the Institute is writing to request that on behalf of Treasury Board, you formally confirm in writing that all of the interim measures set out in your letter dated June 3, 2016 will apply for the new round of bargaining and will cease only once the new legislation is passed.

Thank you for your attention to this matter.

Sincerely,

Debi Daviau,
President, the Professional Institute of the Public Service of Canada

Published on 23 April 2018

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