Frequently Asked Questions - Essential Services in the Core Public Administration

Q1. What are essential services?

A1. The Government of Canada must ensure that Canadians have access to essential services in the event of a strike. Subsection 4(1) of the Public Service Labour Relations Act defines an essential service as: "a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public," that is to say where there are reasonable grounds for accepting the probability, or even the possibility, that human life or public safety would suffer if a work stoppage interrupted the duties of these employees.

Examples of government services that may be considered essential are:

income and social security;
law enforcement;
border safety and security;
national security;
correctional services;
accident safety investigations;
marine safety; or
search and rescue.

Employees occupying positions that provide essential services for the safety or security of the public are prohibited by law from participating in a strike.

For more information on essential services, please consult: Essential Agreements.

Q2. Who decides which positions provide essential services and how?

A2. The employer has the exclusive right to determine the level at which an essential service is to be provided to the public. Once this is determined, representatives from the bargaining agent and the departmental labour relations sector, with advice and guidance from Treasury Board of Canada Secretariat, will review management's proposals and determine the number and types of positions necessary to provide essential services to Canadians in the event of a strike.

Should an impasse occur, the Public Service Labour Relations Board becomes the neutral arbiter, and its decision is final and binding on both parties.

For more information and guidelines on essential services agreements, please consult: Essential Services and Strike Management.

Q3. Do essential services agreements have to be renegotiated with every new round of collective bargaining?

A3. With the coming into force of the Public Service Labour Relations Act in 2005, the essential services agreements, once established, will remain in effect for this and future rounds of collective bargaining. Although the agreement will not be completely renegotiated with each round, parties will be able to request amendments from round to round.

Q4. What happens to an employee whose position is determined to provide an essential service?

A4. Departments must inform the employee that the position that he/she occupies has been determined to provide an essential service and that he/she is prohibited from participating in a strike.

It should be noted that, in the event of a strike, employees occupying positions that provide an essential service continue to be entitled to their usual terms and conditions of employment, including overtime.

Q5. Does that mean that employees who occupy positions that provide essential services can cross the picket lines to work?

A5. Employees occupying positions that provide essential services must report to work as the legislation prohibits them from participating in a strike. The new legislation further stipulates that no one shall impede or attempt to impede access to the workplace by employees occupying positions that provide essential services.

Q6. How do essential services agreements affect services to Canadians?

A6. Essential services agreements are concluded to guarantee that Canadians' safety and security are ensured at all times, in the event of a strike by employees of the federal core public administration (please refer to Question 1).

Q7. Does the Government of Canada consider the issuing of pension, disability or employment insurance cheques as essential services?

A7. Generally speaking, all monies owed to Canadians that represent their sole and major source of income are deemed essential services.

Q8. Where do I go if essential services are not provided?

A8. In this situation, you should contact the appropriate government department that is responsible for providing the essential service.

Definitions:

Bargaining agent:

an employee organization that is certified by the Public Service Labour Relations Board to represent employees in a bargaining unit.

Collective agreement:

an agreement in writing, entered into by the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters.

Core public administration:

the departments named in Schedule I and IV of the Financial Administration Act.

Employer:

Her Majesty in right of Canada as represented by

the Treasury Board, in the case of a department and agencies named in Schedule I and IV of the Financial Administration Act; and
the separate agency, in the case of a portion of the federal public administration named in Schedule V of the Financial Administration Act.

Essential service:

means a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public.

Services:

should be identified as essential when there are reasonable grounds for accepting the probability, or even the possibility, that human life or public safety would suffer if the work of employees in these services was interrupted.

Strike:

a cessation of work or a refusal to work or to continue to work or a slow-down of work or any other concerted activity by unionized employees that is designed to restrict or limit output.