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Parliamentary Employment and Staff Relations Act (R.S.C., 1985, c. 33 (2nd Supp.))

Act current to 2021-02-15 and last amended on 2021-01-01. Previous Versions

PART IIStandard Hours, Wages, Leave, Etc.

Interpretation

The following provision is not in force.

Marginal note:Definition of employer

 In this Part, employer means

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

  • (b) the House of Commons as represented by such committee or person as 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;

  • (c.1) the office of the Senate Ethics Officer as represented by the Ethics Officer;

  • (c.2) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;

  • (c.3) 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;

  • (c.4) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer; or

  • (d) a Member of Parliament who, in that capacity, employs any person or has the direction or control of staff employed to provide research or associated services to the caucus members of a political party represented in Parliament.

  • R.S., 1985, c. 33 (2nd Supp.), s. 85
  • 2004, c. 7, s. 34
  • 2006, c. 9, s. 32
  • 2015, c. 36, s. 142
  • 2017, c. 20, s. 177

Canada Labour Code (Part III)

The following provision is not in force.

Marginal note:Application

 Part III of the Canada Labour Code applies to and in respect of an employer and persons employed by the employer in the same manner and to the same extent as if the employer were the federal work, undertaking or business and the persons were the employees to and in respect of which the provisions of that Part apply except that, for the purpose of that application, any reference in that Part to

  • (a) a “collective agreement” shall be read as a reference to a collective agreement within the meaning of section 3 of this Act; and

  • (b) a “trade union” shall be read as a reference to an employee organization within the meaning of section 3 of this Act.

PART IIIOccupational Health and Safety

Interpretation

Marginal note:Definitions

  •  (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.

  • R.S., 1985, c. 33 (2nd Supp.), s. 87
  • 2018, c. 22, s. 21

Canada Labour Code (Part II)

Marginal note:Application

  •  (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.

  • R.S., 1985, c. 33 (2nd Supp.), s. 88
  • 2017, c. 20, s. 394
  • 2018, c. 22, s. 21

Marginal note:Deputy Minister of Labour

  •  (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.

  • 2018, c. 22, s. 21

Marginal note:Head to notify Speakers

 The Head, as defined in section 2 of the Canada Labour Code, shall notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of the Head’s intention to enter, under subsection 141(1) of the Canada Labour Code, a work place controlled by an employer. The Head shall also notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after the Head

  • (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.

  • 2018, c. 22, s. 21
  • 2018, c. 27, s. 623
 
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