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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 IStaff Relations (continued)

General

Application

Marginal note:Rights, etc., not affected

  •  (1) Nothing in this Part abrogates or derogates from any of the privileges, immunities and powers referred to in section 4 of the Parliament of Canada Act.

  • Marginal note:Non-application to certain persons

    (2) This Part does not apply to or in respect of

    • (a) the staff of any member of the Queen’s Privy Council for Canada holding the office of a minister of the Crown;

    • (b) the staff of the member of the Senate occupying the recognized position of

      • (i) Leader of the Government in the Senate,

      • (ii) Leader of the Opposition in the Senate,

      • (iii) Government Whip in the Senate, or

      • (iv) Opposition Whip in the Senate;

    • (c) the staff of the member of the House of Commons occupying the recognized position of

      • (i) Leader of the Opposition in the House of Commons,

      • (ii) Chief Government Whip in the House of Commons, or

      • (iii) Chief Opposition Whip in the House of Commons;

    • (d) the staff of the member of the House of Commons occupying the recognized position of Leader or Whip of a party that has a recognized membership of twelve or more persons in the House of Commons;

    • (e) the staff of any other individual Member of Parliament;

    • (f) the staff employed to provide research or associated services to the caucus members of a political party represented in Parliament; or

    • (g) persons employed on a temporary basis by a committee of one or both Houses of Parliament.

Rights

Marginal note:Employment rights

  •  (1) The purpose of this Part is to provide to certain persons employed in Parliamentary service collective bargaining and other rights in respect of their employment.

  • Marginal note:Right of membership in employee organization

    (2) Every employee may be a member of an employee organization and may participate in the lawful activities of the employee organization of which the employee is a member.

  • Marginal note:Right of employer

    (3) Nothing in this Part shall be construed to affect the right or authority of an employer to determine the organization of the employer and to assign duties and classify positions of employment.

Prohibitions

Marginal note:Employer participation in employee organization

  •  (1) No person who is employed in a managerial or confidential capacity, whether or not the person is acting on behalf of the employer, shall participate in or interfere with the formation or administration of an employee organization or the representation of employees by such an organization.

  • Marginal note:Discrimination against members and intimidation

    (2) Subject to subsection (3), no person shall

    • (a) refuse to employ, continue to employ or otherwise discriminate against any person in regard to employment or to any term or condition of employment, because the person is a member of an employee organization or was or is exercising any right under this Part;

    • (b) impose any condition on an appointment or in a contract of employment, or propose the imposition of any condition on an appointment or in a contract of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Part; or

    • (c) seek by intimidation, by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or any other penalty or by any other means to compel an employee

      • (i) to become, refrain from becoming or cease to be, or, except as otherwise provided in a collective agreement, to continue to be, a member of an employee organization, or

      • (ii) to refrain from exercising any other right under this Part.

  • Marginal note:Exception

    (3) No person shall be deemed to have contravened subsection (2) by reason of any act or thing done or omitted in relation to a person employed, or proposed to be employed, in a managerial or confidential capacity.

Marginal note:Discrimination against employee organization

  •  (1) Except in accordance with this Part or any regulation, collective agreement or arbitral award, no person employed in a managerial or confidential capacity, whether or not the person acts on behalf of an employer, shall discriminate against an employee organization.

  • Marginal note:Saving provision

    (2) Nothing in subsection (1) shall be construed to prevent a person employed in a managerial or confidential capacity from receiving representations from, or holding discussions with, the representatives of any employee organization.

Marginal note:Soliciting membership during working hours

 Except with the consent of the employer affected, no officer or representative of an employee organization shall attempt, on the employer’s premises during the working hours of an employee, to persuade the employee to become, refrain from becoming, continue to be or to cease to be a member of an employee organization.

DIVISION IFederal Public Sector Labour Relations and Employment Board

Application of Certain Acts

Marginal note:Application

 Unless otherwise provided in this Part, the provisions of the Federal Public Sector Labour Relations and Employment Board Act and the Federal Public Sector Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application,

  • (a) a reference to either of those Acts in any of those provisions shall be read as a reference to this Part; and

  • (b) words and expressions used in those provisions that are defined by this Part shall have the meaning given to them by this Part.

  • R.S., 1985, c. 33 (2nd Supp.), s. 9
  • 2003, c. 22, s. 184
  • 2013, c. 40, s. 426
  • 2017, c. 9, s. 46

Powers, Duties and Functions

Marginal note:Powers, duties and functions

 The Board shall administer this Part and shall exercise the powers and perform the duties and functions that are conferred or imposed on it by, or are incidental to the attainment of the objects of, this Part including the making of orders requiring compliance with this Part, with any regulation made under this Part or with any decision made in respect of a matter coming before the Board under this Part.

  • R.S., 1985, c. 33 (2nd Supp.), s. 10
  • 2013, c. 40, s. 426

 [Repealed, 2013, c. 40, s. 426]

Marginal note:Authority of Board to make regulations

  •  (1) The Board may make regulations of general application respecting

    • (a) the manner in which persons shall be designated by an employer, or by the Board on objection thereto by a bargaining agent, to be persons described in subparagraphs (c)(i) to (v) of the definition person employed in a managerial or confidential capacity in section 3;

    • (b) the determination of units of employees appropriate for collective bargaining;

    • (c) the certification of bargaining agents for bargaining units;

    • (d) the hearing or determination of any matter relating to or arising out of the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee notwithstanding the revocation;

    • (e) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or any employee included in the unit where there is any merger, amalgamation or transfer of jurisdiction between two or more such organizations;

    • (f) the establishment of rules of procedure for the hearings of an adjudicator;

    • (g) [Repealed, 2013, c. 40, s. 427]

    • (h) the circumstances in which evidence as to membership of employees in an employee organization may be received by the Board as evidence that any employees wish or do not wish to have that employee organization represent them as their bargaining agent;

    • (i) [Repealed, 2013, c. 40, s. 427]

    • (j) the authority vested in a council of employee organizations that shall be considered appropriate authority within the meaning of paragraph 19(2)(b); and

    • (k) any other matter that is incidental or conducive to the attainment of the objects of this Part.

  • Marginal note:When regulations effective

    (2) Regulations of general application made under subsection (1) have effect on publication in the Canada Gazette.

  • R.S., 1985, c. 33 (2nd Supp.), s. 12
  • 2013, c. 40, s. 427
 
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