Professional Institute of The Public Service of Canada v. Canada ( Treasury Board )
A-683-93
Robertson J.A.
20/10/94
6 pp.
Application for judicial review of PSSRB decision Board lacking jurisdiction under PSSRA, s. 23 to hear complaint Board's previous decision not complied with by Treasury Board -- Applicant making reference to Board under Act, s. 99 as to whether employer obligated to collect increase in membership dues in accordance with terms of applicable collective agreement -- Employer ordered to comply with obligation -- Unable to recover increase in dues from employees who had resigned, retired, transferred out of Public Service -- Board invoking lack of jurisdiction to hear complaint as s. 23(1)(c) limited to enforcement of decisions by adjudicators, not those of Board -- S. 99 decision of September 8, 1992 decision of Board, not that of adjudicator -- Board's decision unassailable -- S. 99 not incorporating provision relating to "enforcement" -- Allowing employer, union to refer matter to Board where obligation not enforceable through employee grievance -- Parliament's failure to make express provision for right of enforcement with respect to s. 99 decisions not necessarily gap in legislation -- Application dismissed -- Public Service Staff Relations Act, R.S.C., 1985, c. P-35, ss. 23(1)(c), 99 (as am. by S.C. 1992, c. 54, s. 72).