Finance committee  As I mentioned earlier, the initial process would involve a consultation period with the bargaining agent in question, but beyond that it would be judicial review.

Finance committee  It's in what would be section 119 of the PSLRA, clause 305 of the bill.

Finance committee  No, it's exactly what is in the definition.

Finance committee  Yes. It reads:The employer has the exclusive right to determine whether any service, facility or activity of the Government of Canada is essential because it is or will be necessary for the safety or security of the public or a segment of the public.

Finance committee  Certainly. Currently the notice to bargain period is four months. Right now the average period it takes to negotiate a collective agreement is anywhere from 18 months to two years, and sometimes longer. As a consequence, you have in many instances in negotiations, huge periods o

Finance committee  Currently there is no requirement that reasons be provided for the decisions of arbitration boards or conciliation...public interest commission reports, rather. As a consequence, what was really meant by the decision is sometimes an issue between the parties. The real intent her

Finance committee  That's correct.

Finance committee  Excluded, off the top of my head, no. I can tell you that there is one example of a service that is considered essential, and that would be, for example, our correctional service officers.

Finance committee  Under the proposed legislation, the employer has the exclusive right to make that decision.

Finance committee  To make that decision of what's essential and the positions that would be designated to perform that essential service. If there is a challenge to be made, there is a possibility, if they so desire, to refer it for judicial review. Part of the process we've entered into is to r

Finance committee  The check is that the law, the definition, hasn't changed, and it has to be for the safety and security of the public.

Finance committee  Not per se, no.

Finance committee  Well, it's the same as what was there before.

Finance committee  Well, specifically there is a statutory right to strike, but the right to strike as far as that goes is certainly not new in the public service. The designation of employees for purposes of safety and security of the public as an essential service has been a feature of legislatio

Finance committee  The ability is inherent in the law itself, in that the definition of safety and what is essential has not changed. The definition has just been moved from the definitions section into the section that particularly deals with ESA, and it has to be for the safety and security of th