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A-455-78
Luc Doyon (Applicant) v.
Public Service Staff Relations Board and Patrice Garant (Respondents)
and
The Queen (Mis -en-cause)
Court of Appeal, Pratte and Le Dain JJ. and Hyde D.J.—Montreal, January 10, 1979.
Judicial review Public Service Member of Public Service Staff Relations Board in capacity of adjudicator amending, pursuant to s. 25 of the Public Service Staff Rela tions Act, earlier decision rendered by him that had upheld applicant's grievance Whether or not s. 25 confers on an adjudicator the power to amend his decisions Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28 Public Service Staff Relations Act, R.S.C. 1970, c. P-35, s. 25.
APPLICATION for judicial review. COUNSEL:
P. Lesage for applicant.
No one for respondents.
J. C. Demers for mis -en-cause.
SOLICITORS:
Trudel, Nadeau, Létourneau, Lesage & Cleary, Montreal, for applicant.
Public Service Staff Relations Board, Ottawa, for Public Service Staff Relations Board.
Deputy Attorney General of Canada for mis -en-cause.
The following is the English version of the reasons for judgment delivered orally by
PRATTE J.: In accordance with section 28 of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, applicant is challenging a decision rendered on August 25, 1978 by a member of the Public Ser vice Staff Relations Board. In this decision Mr. Garant amended another decision rendered by him on July 10, 1978 in the capacity of an adjudicator under the Public Service Staff Relations Act, R.S.C. 1970, c. P-35, in which he had upheld a
grievance submitted by applicant and referred to adjudication pursuant to section 91.
Mr. Garant amended his decision because he assumed, like the parties appearing before him, that section 25 1 of the Public Service Staff Rela tions Act confers on an adjudicator the power to amend his decisions. In my opinion, that is an incorrect assumption.
Section 2 of the Public Service Staff Relations Act gives the following definitions of "adjudica- tor" and "Board":
"adjudicator" means a member assigned to hear and determine a reference to adjudication and includes, where the context permits, a board of adjudication established under section 93 and an adjudicator named in a collective agreement for the purposes of that agreement;
"Board" means the Public Service Staff Relations Board estab lished under section 11;
These two definitions clearly demonstrate that an adjudicator should not be seen as synonymous with the Board. The only relationship between the two would seem to be that the adjudicator is often a member of the Board and that, under sections 92 et seq., the Board plays an administrative role in the reference of grievances to adjudication.
Section 25 confers on the Board the power to rescind and vary its decisions; however, it confers this power only on the Board, not on the adjudica tors, and only with respect to the decisions of the Board itself. As an adjudicator may not be regard ed as synonymous with the Board, I consider that it is impossible to say that decisions made by an adjudicator are subject to amendment under sec tion 25. Contrary to the argument made by coun sel for the respondents, it cannot be inferred that decisions of adjudicators are decisions of the Board
' This provision reads as follows:
25. The Board may review, rescind, amend, alter or vary any decision or order made by it, or may rehear any applica tion before making an order in respect thereof, except that any rights acquired by virtue of any decision or order that is so reviewed, rescinded, amended, altered or varied shall not be altered or extinguished with effect from a day earlier than the day on which such review, rescission, amendment, altera tion or variation is made.
merely from the fact that the adjudicators are most often members of the Board.
For these reasons, I would allow the application and quash the decision a quo.
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LE DAIN J. concurred.
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HYDE D.J. concurred.
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