Canada (Attorney General) v. Professional Institute of the Public Service of Canada

Canada (Attorney General) v. Professional Institute of the Public Service of Canada Court (s) Database Federal Court of Appeal Decisions Date 2016-04-06 Neutral citation 2016 FCA 104 File numbers A-364-15 Decision Content Date: 20160406 Docket: A‑364‑15 Citation: 2016 FCA 104 [ENGLISH TRANSLATION] CORAM: SCOTT J.A. BOIVIN J.A. DE MONTIGNY J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA Respondent Heard at Ottawa, Ontario, on April 6, 2016. Judgment delivered at Ottawa, Ontario, on April 6, 2016. REASONS FOR JUDGMENT BY: SCOTT J.A. Date: 20160406 Docket: A­364­15 Citation: 2016 FCA 104 CORAM: SCOTT J.A. BOIVIN J.A. DE MONTIGNY J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA Respondent REASONS FOR JUDGEMENT (Judgement delivered from the bench at Ottawa, Ontario, on April 6, 2016.) SCOTT J.A. [1] Despite the submissions provided by counsel for the applicant to the effect that the grievance adjudicator from the Public Service Labour Relations Board (PSLRB) made several errors in the decision rendered on July 22, 2015, we are not convinced that our intervention is warranted. [2] In our opinion, the arbitrator did not commit a reviewable error in concluding that article 22 of the collective agreement between the Canada Revenue Agency (the “Employer”) and the Professional Institute of the Public Service of Canada required the Employer to reimburse employees for professional liability insurance fees that they had to pay to maintain their membership in the Ordre des comptables professionnels agrées du Québec (CPA). [3] While considering the standard of reasonableness and according deference as required by the case law (Delios v. Canada (Attorney General), 2015 FCA 117), we all agree that the arbitrator’s decision falls within the range of possible, acceptable outcomes, because the underlying reasons are based on a reasonable interpretation of the language of article 22.01 of the collective agreement. The arbitrator may have well concluded that the mandatory requirement imposed on CPA members to pay professional liability insurance fees more specifically met the second of the three conditions imposed by clause 22.01a) of the collective agreement, i.e. that the membership fees constituted the “payment of annual membership fees in one (1) of either the Canadian Institute of Chartered Accountants (CA), the Society of Management Accountants (CMA), Canadian Chartered Professional Accountant (CPA), or the Certified General Accountants Association (CGA), and to one (1) of their respective provincial organizations.” [4] Since we are unable to identify any error made by the arbitrator, the application for judicial review will be dismissed with costs fixed at $2,500.00, including taxes and disbursements. “A.F. Scott” J.A. Certified true translation Francois Brunet, Revisor FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A‑364‑15 STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: April 6, 2016 REASONS FOR JUDGMENT OF THE COURT BY: SCOTT J.A. BOIVIN J.A. DE MONTIGNY J.A. DELIVERED FROM THE BENCH BY: SCOTT J.A. APPEARANCES: Michel Girard For the applicant ATTORNEY GENERAL OF CANADA Lise Leduc For the respondent PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario For the applicant ATTORNEY GENERAL OF CANADA GOLDBLATT PARTNERS LLP Ottawa, Ontario For the respondent PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA