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An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (S.C. 2018, c. 22)

Assented to 2018-10-25

PART 1R.S., c. L-2Canada Labour Code (continued)

Transitional Provision

Marginal note:Requests received before coming into force

 A request for an exemption under subsection 135(3) of the Canada Labour Code, as it read on the day before the day on which section 7 comes into force, that is received by the Minister before the day on which that section comes into force is to be dealt with in accordance with subsections 135(3) to (5) of that Act as they read on the day before the day on which that section comes into force. If the request is approved on or after the day on which that section comes into force, the exemption may be granted for a period of not more than one year.

Coordinating Amendments

Marginal note:2017, c. 20

  •  (1) In this section, other Act means the Budget Implementation Act, 2017, No. 1.

  • (2) If section 347 of the other Act comes into force before section 13 of this Act, then that section 13 is replaced by the following:

    13 Section 145.1 of the Act is replaced by the following:

    Marginal note:Powers, duties and functions

    145.1 For the purposes of sections 146 to 146.5, the Board has all of the powers, duties and functions of the Minister under this Part, except for those referred to in section 130, subsections 135(6), 137.1(1) to (2.1) and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1), (2) and (4) and 144(1), section 146.01, subsection 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2).

  • (3) If section 13 of this Act comes into force before section 347 of the other Act, then, on the day on which that section 347 comes into force, section 145.1 of the Canada Labour Code is replaced by the following:

    Marginal note:Powers, duties and functions

    145.1 For the purposes of sections 146 to 146.5, the Board has all of the powers, duties and functions of the Minister under this Part, except for those referred to in section 130, subsections 135(6), 137.1(1) to (2.1) and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1), (2) and (4) and 144(1), section 146.01, subsection 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2).

  • (4) If section 347 of the other Act comes into force on the same day as section 13 of this Act, then that section 13 is deemed to have come into force before that section 347 and subsection (3) applies as a consequence.

Coming into Force

Marginal note:Order in council

  •  (1) Sections 0.1 to 16 and 18 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (2) Section 17 comes into force on a day to be fixed by order of the Governor in Council but that day must not be earlier than the day on which section 377 of the Budget Implementation Act, 2017, No. 1 comes into force.

PART 2R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

Amendments to the Act

 Part III of the Parliamentary Employment and Staff Relations Act is replaced by the following:

PART IIIOccupational Health and Safety

Interpretation

Marginal note:Definitions

  • 87 (1) The following definitions apply in this Part.

    Board

    Board has the same meaning as in section 3. (Commission)

    employee

    employee means a person employed by an employer and includes the person occupying the recognized position of Clerk of the Senate, Clerk of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of the House of Commons. (employé)

    employer

    employer means

    • (a) the Senate as represented by any committee or person that the Senate by its rules or orders designates for the purposes of this Part;

    • (b) the House of Commons as represented by any committee or person that the House of Commons by its orders designates for the purposes of this Part;

    • (c) the Library of Parliament as represented by the Parliamentary Librarian acting, subject to subsection 74(1) of the Parliament of Canada Act, on behalf of both Houses of Parliament;

    • (d) the office of the Senate Ethics Officer as represented by the Senate Ethics Officer;

    • (e) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;

    • (f) the Parliamentary Protective Service as represented by the Director of the Parliamentary Protective Service on behalf of the Speakers of the two Houses of Parliament;

    • (g) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer;

    • (h) a member of the House of Commons who employs one or more persons or who has the direction or control of staff employed to provide research or associated services to the caucus members of a political party represented in the House of Commons;

    • (i) in the case of a person occupying the recognized position of Clerk of the Senate, Clerk of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of the House of Commons, the Senate or the House of Commons, as the case may be, as represented by the committee or person described in paragraph (a) or (b); or

    • (j) any other person who is recognized as an employer in regulations made under subsection 19.5(1) of the Parliament of Canada Act or by-laws made under section 52.5 of that Act. (employeur)

  • Marginal note:Meaning of employer

    (2) The definition employer in subsection (1) includes any person who acts on behalf of an employer.

Canada Labour Code (Part II)

Marginal note:Application

  • 88 (1) Part II of the Canada Labour Code, other than subsections 134(2) and (3) and sections 152 and 153, applies to and in respect of an employer and employees, in the same manner and to the same extent as if the employer were a federal work, undertaking or business and the employees were employees to and in respect of which that Part applies except that, for the purpose of that application,

    • (a) any reference in that Part to

      • (i) “arbitration” is to be read as a reference to adjudication within the meaning of Part I of this Act,

      • (ii) “Board” and “collective agreement” are to be read as references to those expressions as defined in section 3 of this Act,

      • (iii) “employee” and “employer” are to be read as references to those expressions as defined in subsection 87(1) of this Act, and

      • (iv) “trade union” is to be read as a reference to an employee organization as defined in section 3 of this Act;

    • (b) Part I of this Act applies, with any modifications that the circumstances require, in respect of matters brought before the Board under Part II of the Canada Labour Code to the extent necessary to give effect to that purpose; and

    • (c) matters brought before the Board under Part II of the Canada Labour Code may be heard and determined only by a member as defined in section 3 of this Act.

  • Marginal note:Application to other persons

    (2) This Part also applies to any person who is not an employee but who performs for an employer activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer.

  • Marginal note:Canadian Human Rights Act

    (3) For greater certainty, subject to section 2, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act.

Marginal note:Deputy Minister of Labour

  • 88.01 (1) For the purposes of this Part, the Deputy Minister of Labour shall exercise the powers and perform the duties and functions of the Minister of Labour under this Part and under Part II of the Canada Labour Code involving a member of the Senate or their staff or a member of the House of Commons or their employees.

  • Marginal note:Tabling of directions

    (2) If the Deputy Minister of Labour exercises the powers or performs the duties and functions set out in section 88.3 or paragraph 88.4(b), he or she shall provide the direction referred to in that section or that paragraph to the Speaker of the Senate or the Speaker of the House of Commons, or both, who shall each table the direction in the House over which he or she presides.

Marginal note:Minister to notify Speakers

88.1 The Minister of Labour shall notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of the Minister’s intention to enter, under subsection 141(1) of the Canada Labour Code, a work place controlled by an employer. The Minister shall also notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after the Minister

  • (a) commences an investigation under Part II of that Act in relation to an employer or an employee; or

  • (b) issues a direction to an employer or an employee under that Part.

Marginal note:Board to notify Speakers

  • 88.2 (1) The Board shall notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after

    • (a) the Board receives a complaint under subsection 133(1) of the Canada Labour Code in relation to an employer; or

    • (b) an appeal of a direction issued to an employer or an employee is brought under subsection 146(1) of the Canada Labour Code.

  • Marginal note:Power of Speakers

    (2) If the Speaker of the Senate or the Speaker of the House of Commons is notified that an appeal has been brought,

    • (a) the Board shall, at the Speaker’s request, provide to the Speaker a copy of any document that is filed with the Board in the appeal and that is necessary to enable the Speaker to present evidence and make representations under paragraph (b); and

    • (b) the Speaker may present evidence and make representations to the Board in the appeal.

Marginal note:Direction of Minister not complied with

88.3 The Minister of Labour shall cause to be tabled in the Senate or the House of Commons, or both, a direction that is issued to an employer or an employee under Part II of the Canada Labour Code if the direction is not complied with within the period provided for in the direction and it is not appealed within the period provided for in that Part. The Minister shall cause the direction to be tabled within a reasonable time after the later of the expiry of the period for compliance and the expiry of the appeal period.

Marginal note:Exceptional circumstances

88.4 If the Minister of Labour considers that exceptional circumstances require that immediate action be taken to prevent a contravention of Part II of the Canada Labour Code by an employer or an employee,

  • (a) the Minister shall provide a copy of any direction issued to an employer or an employee under that Part to the Speaker of the Senate or the Speaker of the House of Commons, or both; and

  • (b) despite section 88.3, the Minister may, before the expiry of the appeal period, cause to be tabled a direction referred to in paragraph (a) in the Senate or the House of Commons, or both, if that direction is not complied with within the period provided for in the direction.

Marginal note:Order, decision or direction of Board not complied with

88.5 The Board shall, at the request of the Minister of Labour or any person affected by an order or decision made or a direction issued with respect to an employer or an employee by the Board under Part II of the Canada Labour Code, cause the order, decision or direction to be tabled in the Senate or the House of Commons, or both, if it is not complied with within the period provided for in the order, decision or direction. The Board shall cause the order, decision or direction to be tabled within a reasonable time after receiving the request.

Marginal note:Powers, privileges and immunities

88.6 For greater certainty, nothing in this Part shall be construed as limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members or as authorizing the exercise of a power or the performance of a function or duty by virtue of this Part if the exercise of that power or the performance of that function or duty would interfere, directly or indirectly, with the business of the Senate or the House of Commons.

Marginal note:Annual report — Board

88.7 The Board shall, as soon as possible after the end of each year, submit a report for that year on its activities under this Part and under Part II of the Canada Labour Code, as it applies to employers and employees, to the Minister designated as the Minister for the purposes of the Federal Public Sector Labour Relations and Employment Board Act. The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.

Marginal note:Five-year review

  • 88.8 (1) Five years after the day on which this Part comes into force and every five years after that, the Minister designated as the Minister for the purposes of this Act shall commence a review of the application, in relation to harassment and violence, of the provisions of this Part. At the conclusion of the review, the Minister shall prepare a report on the review.

  • Marginal note:Report to be tabled

    (2) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.

 
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