Parliament of Canada Act (R.S.C., 1985, c. P-1)
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Act current to 2024-10-30 and last amended on 2024-06-20. Previous Versions
RELATED PROVISIONS
— 2001, c. 20, s. 30
Amendments apply to members who make an election and to future members
Footnote *30 (1) The provisions of the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act, as amended by this Act, apply
(a) to any member of the Senate or the House of Commons who files an election in writing with the Clerk of that House, within 90 days after the day on which this section comes into force, to have them apply to the member; and
(b) to any person who becomes a member of the Senate or the House of Commons after the day on which this section comes into force.
Return to footnote *[Note: Section 30 in force 15 June, 2001, see SI/2001-82.]
Failure to elect
Footnote *(2) The provisions amended or repealed by this Act, other than paragraph 80(1)(a) of the Parliament of Canada Act as enacted by section 13, apply to any member who fails to make an election under paragraph (1)(a) as they read immediately before the day on which this section comes into force.
Return to footnote *[Note: Section 30 in force 15 June, 2001, see SI/2001-82.]
Deemed election
(3) A member who dies before making an election under paragraph (1)(a) is deemed to have elected immediately before the member’s death to have the provisions referred to in subsection (1) apply to the member.
Election irrevocable
(4) An election under paragraph (1)(a) is irrevocable.
— 2004, c. 16, s. 24.1
Retroactive coming into force
24.1 Despite Order in Council P.C. 2003-1118 of July 24, 2003 and registered as SI/2003-142, paragraphs 60(g) and (h) of the Parliament of Canada Act, as enacted by subsection 10(2) of An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act, being chapter 16 of the Statutes of Canada, 2003, are deemed to have come into force on January 1, 2001.
— 2006, c. 9, s. 3
Positions
3 (1) An employee who occupies a position in the office of the Ethics Commissioner immediately before the day on which section 81 of the Parliament of Canada Act, as enacted by section 28 of this Act, comes into force continues in that position, except that from that day the employee occupies that position in the office of the Conflict of Interest and Ethics Commissioner.
Transfer of appropriation
(2) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the office of the Ethics Commissioner that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the office of the Conflict of Interest and Ethics Commissioner.
References
(3) Every reference to the Ethics Commissioner in any deed, contract, agreement, instrument or other document executed by that person is to be read as a reference to the Conflict of Interest and Ethics Commissioner, unless the context otherwise requires.
Continuation of proccedings
(4) Any action, suit or other legal or administrative proceeding to which the Ethics Commissioner is a party that is pending on the coming into force of this section may be continued by or against the Conflict of Interest and Ethics Commissioner in a similar manner and to the same extent as it would have been continued by or against the Ethics Commissioner.
Transfer of data
(5) All information that, on the day on which this section comes into force, is in the possession or control of the Ethics Commissioner relating to the exercise of his or her powers, duties and functions under the Parliament of Canada Act is, as of that day, under the control of the Conflict of Interest and Ethics Commissioner.
Jurisdiction of the Commissioner
(6) The Conflict of Interest and Ethics Commissioner has, with respect to persons subject to and obligations established by The Conflict of Interest and Post-Employment Code for Public Office Holders, as issued from time to time, the same powers, duties and functions that the Ethics Counsellor or Ethics Commissioner had in relation to those persons and obligations. In addition, the Conflict of Interest and Ethics Commissioner has all the powers, duties and functions of the Commissioner under the Conflict of Interest Act in relation to those persons and obligations.
Exception
(7) Subsection (6) does not apply to any person or obligation in respect of which the Ethics Counsellor or Ethics Commissioner had reached a final decision.
Request from parliamentarian
(8) A member of the Senate or House of Commons may, with respect to persons subject to and obligations established by The Conflict of Interest and Post-Employment Code for Public Office Holders, as issued from time to time, make a request to the Conflict of Interest and Ethics Commissioner in accordance with section 44 of the Conflict of Interest Act.
— 2015, c. 36, s. 99
Definition of Service
99 (1) In sections 100 to 122, Service means the office to be called the Parliamentary Protective Service that is established by subsection 79.52(1) of the Parliament of Canada Act.
Definitions — Parliamentary Employment and Staff Relations Act
(2) In sections 100 to 122, arbitral award, bargaining agent, bargaining unit, Board, collective agreement, employee, employee organization, grievance and parties have the same meanings as in section 3 of the Parliamentary Employment and Staff Relations Act, unless the context requires otherwise.
— 2015, c. 36, s. 100
Persons who occupy a position
100 (1) All of the persons who occupy a position within the Senate Protective Service or within the House of Commons Protective Service immediately before the day on which this Division comes into force occupy their position within the Service on that day.
No change in status
(2) Nothing in subsection (1) is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupied a position within the Senate Protective Service or within the House of Commons Protective Service, except that the person, beginning on that day, occupies their position within the Service.
— 2015, c. 36, s. 101
Collective agreements or arbitral awards continued
101 (1) Subject to sections 102 to 113, every collective agreement or arbitral award that applies to an employee who, immediately before the day on which this Division comes into force, occupied a position within the Senate Protective Service or within the House of Commons Protective Service, and that is in force immediately before that day continues in force until its term expires.
Binding effect
(2) A collective agreement or arbitral award continued in force under subsection (1) is binding on
(a) the Service, as if it were the employer referred to in the collective agreement or arbitral award;
(b) the bargaining agent that is a party to the collective agreement or arbitral award; and
(c) the employees of the Service in the bargaining unit in respect of which that bargaining agent has been certified.
Definition of employer
(3) In subsection (2), employer means the Senate as represented by any committee or person that the Senate by its rules or orders designates for the purposes of Part I of the Parliamentary Employment and Staff Relations Act, or the House of Commons as represented by any committee or person that the House of Commons by its orders designates for the purposes of that Part.
Parties may amend
(4) Nothing in subsections (1) and (2) prohibits the Service and the bargaining agent from amending any provision of a collective agreement continued in force under subsection (1), other than a provision relating to its term.
— 2015, c. 36, s. 102
Application for certification
102 Any employee organization may apply to the Board for certification as the bargaining agent for the employees bound by a collective agreement or arbitral award that is continued in force under subsection 101(1), but it may do so only during the period in which an application for certification is authorized to be made under section 21 of the Parliamentary Employment and Staff Relations Act in respect of those employees.
— 2015, c. 36, s. 103
Power of Board
103 (1) Whenever a collective agreement or arbitral award is continued in force under subsection 101(1), the Board must, by order, on application by the Service or any bargaining agent affected by the establishment of the Service,
(a) determine whether the employees of the Service who are bound by the collective agreement or arbitral award constitute one or more units appropriate for collective bargaining;
(b) determine which employee organization is to be the bargaining agent for the employees in each such unit; and
(c) in respect of each collective agreement or arbitral award that binds employees of the Service, determine whether the collective agreement or arbitral award is to remain in force and, if it is to remain in force, determine whether it is to remain in force until the expiry of its term or until an earlier date that the Board may fix.
When application may be made
(2) The application may be made only during the period beginning 120 days after the day on which this Division comes into force and ending 150 days after that day.
— 2015, c. 36, s. 104
Application for leave to give notice to bargain collectively
104 (1) Either of the parties to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 103(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 37 of the Parliamentary Employment and Staff Relations Act, a notice to bargain collectively.
When application may be made
(2) The application must be made within 90 days after the day on which the order is made under paragraph 103(1)(c).
— 2015, c. 36, s. 105
No application within specified period
105 (1) If no application for an order under subsection 103(1) is made within the period specified in subsection 103(2), the Service or any bargaining agent bound by a collective agreement or arbitral award that is continued in force under subsection 101(1) may apply to the Board for an order granting leave to give to the other party, under section 37 of the Parliamentary Employment and Staff Relations Act, a notice to bargain collectively.
When application may be made
(2) The application may be made only during the period beginning 151 days after the day on which this Division comes into force and ending 240 days after that day.
— 2015, c. 36, s. 106
Notice to bargain given before conversion
106 A notice to bargain collectively that was given before the day on which this Division comes into force does not bind the Service and a new notice to bargain collectively may be given only in the circumstances set out in paragraph 108(b).
— 2015, c. 36, s. 107
Duty to observe terms and conditions
107 If a notice to bargain collectively is given before the day on which this Division comes into force, then, unless the Service and the bargaining agent agree otherwise, the terms and conditions of employment continued in force under section 39 of the Parliamentary Employment and Staff Relations Act are binding on the Service, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the day on which this Division comes into force until
(a) the expiry of 150 days following that day, if no application is made under paragraph 108(a); or
(b) if such an application is made, the day on which the notice referred to in paragraph 108(b) is given.
— 2015, c. 36, s. 108
Application and notice to bargain
108 If a notice to bargain collectively is given before the day on which this Division comes into force,
(a) on application by the Service or bargaining agent, made during the period beginning 120 days after the day on which this Division comes into force and ending 150 days after that day, the Board must make an order determining
(i) whether the employees of the Service who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and
(ii) which employee organization is to be the bargaining agent for the employees in each such unit; and
(b) if the Board makes the determinations under paragraph (a), the Service or the bargaining agent may, by notice given under section 37 of the Parliamentary Employment and Staff Relations Act, require the other to commence collective bargaining for the purpose of entering into a collective agreement.
— 2015, c. 36, s. 109
Inquiry and votes
109 Before making an order under subsection 103(1) or paragraph 108(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order.
— 2015, c. 36, s. 110
Consideration of classification
110 (1) For the purposes of paragraphs 103(1)(a) and 108(a), in determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the Service’s classification of persons and positions, including the occupational groups or subgroups established by it.
Unit co-extensive with occupational groups
(2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the Service, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining.
— 2015, c. 36, s. 111
Determination of questions of membership in bargaining units
111 On application by the Service or the employee organization affected by the establishment of the Service, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board under paragraph 103(1)(a) or 108(a) to constitute a unit appropriate for collective bargaining, or is included in any other unit.
— 2015, c. 36, s. 112
Employer participation
112 (1) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 103(1)(b) or 108(a) if it is of the opinion that the Service, or a person acting on behalf of the Service, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit.
Discrimination
(2) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 103(1)(b) or 108(a) if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.
— 2015, c. 36, s. 113
Application of Parliamentary Employment and Staff Relations Act
113 (1) The provisions of Part I of the Parliamentary Employment and Staff Relations Act, and any rules or regulations made under that Act, apply to, or in respect of, the following and any matter related to the following:
(a) an application made to the Board under any of sections 102 to 105, 108 and 111;
(b) an order made by the Board under any of sections 103 to 105 and 108;
(c) a determination of the Board made under any of sections 103, 108 and 111 and a bargaining unit, bargaining agent or employee or class of employees that is the subject of such a determination;
(d) a collective agreement or arbitral award that is continued in force under subsection 101(1); and
(e) collective bargaining that is commenced after the receipt of a notice referred to in section 104 or 105 or paragraph 108(b) and a collective agreement that is entered into following such collective bargaining.
Powers, duties and functions of Board
(2) The Board has, for the purposes of performing its duties and functions under any of sections 102 to 112, the powers conferred on it under Part I of the Parliamentary Employment and Staff Relations Act, and it must perform the duties and functions imposed on it under that Part in respect of those powers.
Inconsistency
(3) In the event of any inconsistency between sections 101 to 112 and the provisions of Part I of the Parliamentary Employment and Staff Relations Act, or anything issued, made or established under that Act, those sections prevail to the extent of the inconsistency.
— 2015, c. 36, s. 114
Persons not represented
114 The terms and conditions of employment of persons who are not represented by a bargaining agent or who are excluded from a bargaining unit and who, on the day on which this Division comes into force, occupy their position within the Service continue to apply until new terms and conditions of employment for those persons are established.
— 2015, c. 36, s. 115
Complaints
115 The provisions of Division I of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the day on which this Division comes into force, continue to apply in respect of any complaint made under that Division before that day that relates to the Senate Protective Service or the House of Commons Protective Service.
— 2015, c. 36, s. 116
Grievances
116 (1) The provisions of Division IV of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the day on which this Division comes into force, continue to apply in respect of any grievance presented under that Division before that day by an employee of the Senate Protective Service or the House of Commons Protective Service.
Implementation of decision
(2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of an employee or the payment of money to an employee must be implemented by the Service as soon as feasible.
— 2015, c. 36, s. 117
Matter referred to Board
117 The provisions of Division IV of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the day on which this Division comes into force, continue to apply in respect of any matter referred to the Board under that Division before that day that relates to the Senate Protective Service or the House of Commons Protective Service.
— 2015, c. 36, s. 118
References — Service
118 Every reference to the Senate Protective Service or the House of Commons Protective Service in any deed, contract, agreement, arrangement or other similar document is, beginning on the day on which this Division comes into force, to be read as a reference to the Service unless the context otherwise requires.
— 2015, c. 36, s. 119
Commencement of legal proceedings
119 Every action, suit or other legal or administrative proceeding in respect of an obligation or liability incurred in relation to the Senate Protective Service or the House of Commons Protective Service may, beginning on the day on which this Division comes into force, be brought against the Service.
— 2015, c. 36, s. 120
Continuation of legal or administrative proceedings
120 Any action, suit or other legal or administrative proceeding relating to the Senate Protective Service or the House of Commons Protective Service to which a representative of the Senate Protective Service or of the House of Commons Protective Service, as the case may be, is a party that is pending immediately before the day on which this Division comes into force may be continued by or against the Service in the same manner and to the same extent as it could have been continued by or against that representative.
— 2015, c. 36, s. 121
Transfer of appropriations — Senate or House of Commons
121 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this Division comes into force to defray the expenditures of the Senate in relation to the Senate Protective Service or of the House of Commons in relation to the House of Commons Protective Service and that is unexpended on the day on which that Division comes into force is deemed to be an amount appropriated to defray the expenditures of the Service.
— 2015, c. 36, s. 122
Transfer of appropriations — RCMP
122 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this Division comes into force to defray the expenditures of the Royal Canadian Mounted Police related to its guarding and protecting the grounds of Parliament Hill that are designated by the Minister of Public Safety and Emergency Preparedness and that is unexpended on the day on which that Division comes into force is deemed to be an amount appropriated to defray the expenditures of the Service.
— 2017, c. 20, s. 131
Definitions
131 (1) The following definitions apply in sections 132 to 156.
- commencement day
commencement day means the day on which section 128 comes into force. (date de référence)
- new Parliamentary Budget Officer
new Parliamentary Budget Officer means the Parliamentary Budget Officer appointed under subsection 79.1(1) of the Parliament of Canada Act as enacted by section 128. (nouveau directeur parlementaire du budget)
Terminology — Parliamentary Employment and Staff Relations Act
(2) Unless the context requires otherwise, words and expressions used in sections 133 to 150 have the same meaning as in section 3 of the Parliamentary Employment and Staff Relations Act.
— 2017, c. 20, s. 132
Parliamentary Budget Officer
132 The person occupying the position of Parliamentary Budget Officer immediately before the commencement day is deemed to have been appointed under subsection 79.1(1) of the Parliament of Canada Act as enacted by section 128. Despite subsection 79.1(2) of that Act as enacted by section 128, that person’s term of office is equal to the remainder of the term for which he or she was appointed under subsection 79.1(2) of that Act as it read immediately before the commencement day.
— 2017, c. 20, s. 133
Persons who occupy a position
133 (1) Every person who occupies a position in the portion of the Library of Parliament that immediately before the commencement day supported the Parliamentary Budget Officer occupies on the commencement day their position in the office of the new Parliamentary Budget Officer.
No change in status
(2) Nothing in subsection (1) is to be construed as affecting the status of any person who, immediately before the commencement day, occupies a position within the Library of Parliament, except that the person, beginning on that day, occupies their position in the office of the new Parliamentary Budget Officer.
— 2017, c. 20, s. 134
Collective agreements or arbitral awards continued
134 (1) Subject to sections 135 to 146, every collective agreement or arbitral award that applies to an employee who occupies a position in the portion of the Library of Parliament that immediately before the commencement day supported the Parliamentary Budget Officer and that is in force immediately before that day continues in force until its term expires.
Binding effect
(2) A collective agreement or arbitral award continued in force under subsection (1) is binding on
(a) the office of the new Parliamentary Budget Officer, as if it were the employer referred to in the collective agreement or arbitral award;
(b) the bargaining agent that is a party to the collective agreement or arbitral award; and
(c) the employees of the office of the new Parliamentary Budget Officer in the bargaining unit in respect of which that bargaining agent has been certified.
Parties may amend
(3) Nothing in subsections (1) and (2) prohibits the office of the new Parliamentary Budget Officer and the bargaining agent from amending any provision of a collective agreement continued in force under subsection (1), other than a provision relating to its term.
— 2017, c. 20, s. 135
Application for certification
135 Any employee organization may apply to the Board for certification as the bargaining agent for the employees bound by a collective agreement or arbitral award that is continued in force under subsection 134(1), but it may do so only during the period in which an application for certification is authorized to be made under section 21 of the Parliamentary Employment and Staff Relations Act in respect of those employees.
— 2017, c. 20, s. 136
Power of Board
136 (1) If a collective agreement or arbitral award is continued in force under subsection 134(1), the Board must, by order, on application by the office of the new Parliamentary Budget Officer or any bargaining agent affected by the establishment of the office of the new Parliamentary Budget Officer,
(a) determine whether the employees of the office of the new Parliamentary Budget Officer who are bound by the collective agreement or arbitral award constitute one or more units appropriate for collective bargaining;
(b) determine which employee organization is to be the bargaining agent for the employees in each such unit; and
(c) in respect of each collective agreement or arbitral award that binds employees of the office of the new Parliamentary Budget Officer, determine whether the collective agreement or arbitral award is to remain in force and, if it is to remain in force, determine whether it is to remain in force until the expiry of its term or until an earlier date that the Board may fix.
When application must be made
(2) The application may be made only during the period beginning on the 120th day after the commencement day and ending on the 150th day after that day.
— 2017, c. 20, s. 137
Application for leave to give notice to bargain collectively
137 (1) Either of the parties to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 136(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 37 of the Parliamentary Employment and Staff Relations Act, a notice to bargain collectively.
When application may be made
(2) The application must be made within 90 days after the day on which the order is made under paragraph 136(1)(c).
— 2017, c. 20, s. 138
No application within specified period
138 (1) If no application for an order under subsection 136(1) is made within the period specified in subsection 136(2), the office of the new Parliamentary Budget Officer or any bargaining agent bound by a collective agreement or arbitral award that is continued in force under subsection 134(1) may apply to the Board for an order granting leave to give to the other party, under section 37 of the Parliamentary Employment and Staff Relations Act, a notice to bargain collectively.
When application may be made
(2) The application may be made only during the period beginning on the 151st day after the commencement day and ending on the 240th day after that day.
— 2017, c. 20, s. 139
Notice to bargain given before conversion
139 A notice to bargain collectively that was given before the commencement day does not bind the office of the new Parliamentary Budget Officer and a new notice to bargain collectively may be given only in the circumstances set out in paragraph 141(b).
— 2017, c. 20, s. 140
Duty to observe terms and conditions
140 If a notice to bargain collectively is given before the commencement day, then, unless the office of the new Parliamentary Budget Officer and the bargaining agent agree otherwise, the terms and conditions of employment continued in force under section 39 of the Parliamentary Employment and Staff Relations Act are binding on the office of the new Parliamentary Budget Officer, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the commencement day until
(a) the expiry of the 150th day following that day, if no application is made under paragraph 141(a); or
(b) if such an application is made, the day on which the notice referred to in paragraph 141(b) is given.
— 2017, c. 20, s. 141
Application and notice to bargain collectively
141 If a notice to bargain collectively is given before the commencement day,
(a) on application by the office of the new Parliamentary Budget Officer or by the bargaining agent, made during the period beginning on the 120th day after the commencement day and ending on the 150th day after that day, the Board must make an order determining
(i) whether the employees of the office of the new Parliamentary Budget Officer who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and
(ii) which employee organization is to be the bargaining agent for the employees in each such unit; and
(b) if the Board makes the determinations under paragraph (a), the office of the new Parliamentary Budget Officer or the bargaining agent may, by notice given under section 37 of the Parliamentary Employment and Staff Relations Act, require the other to commence collective bargaining for the purpose of entering into a collective agreement.
— 2017, c. 20, s. 142
Inquiry and votes
142 Before making an order under subsection 136(1) or paragraph 141(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order.
— 2017, c. 20, s. 143
Consideration of classification
143 (1) For the purposes of paragraphs 136(1)(a) and 141(a), in determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the office of the new Parliamentary Budget Officer’s classification of persons and positions, including the occupational groups or subgroups established by it.
Unit co-extensive with occupational groups
(2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the office of the new Parliamentary Budget Officer, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining.
— 2017, c. 20, s. 144
Determination of questions of membership in bargaining units
144 On application by the office of the new Parliamentary Budget Officer or the employee organization affected by the establishment of that office, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board under paragraph 136(1)(a) or 141(a) to constitute a unit appropriate for collective bargaining, or is included in any other unit.
— 2017, c. 20, s. 145
Employer participation
145 (1) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 136(1)(b) or 141(a) if it is of the opinion that the office of the new Parliamentary Budget Officer, or a person acting on behalf of that office, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit.
Discrimination
(2) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 136(1)(b) or 141(a) if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.
— 2017, c. 20, s. 146
Application of Parliamentary Employment and Staff Relations Act
146 (1) The provisions of Part I of the Parliamentary Employment and Staff Relations Act, and any rules or regulations made under that Act, apply to, or in respect of, the following and any matter related to the following:
(a) an application made to the Board under any of sections 135 to 138, 141 and 144;
(b) an order made by the Board under any of sections 136 to 138 and 141;
(c) a determination of the Board made under any of sections 136, 141 and 144 and a bargaining unit, bargaining agent or employee or class of employees that is the subject of such a determination;
(d) a collective agreement or arbitral award that is continued in force under subsection 134(1); and
(e) collective bargaining that is commenced after the receipt of a notice referred to in section 137 or 138 or paragraph 141(b) and a collective agreement that is entered into following such collective bargaining.
Powers, duties and functions of Board
(2) The Board has, for the purposes of performing its duties and functions under any of sections 135 to 145, the powers conferred on it under Part I of the Parliamentary Employment and Staff Relations Act, and it must perform the duties and functions imposed on it under that Part in respect of those powers.
Inconsistency
(3) In the event of any inconsistency between sections 134 to 145 and the provisions of Part I of the Parliamentary Employment and Staff Relations Act, or anything issued, made or established under that Act, those sections prevail to the extent of the inconsistency.
— 2017, c. 20, s. 147
Persons not represented
147 The terms and conditions of employment of persons who are not represented by a bargaining agent or who are excluded from a bargaining unit and who, on the commencement day, occupy their position within the office of the new Parliamentary Budget Officer continue to apply until new terms and conditions of employment for those persons are established.
— 2017, c. 20, s. 148
Complaints
148 The provisions of Division I of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any complaint made under that Division before that day that relates to the portion of the Library of Parliament that supported the Parliamentary Budget Officer.
— 2017, c. 20, s. 149
Grievances
149 (1) The provisions of Division IV of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any grievance presented under that Division before that day by an employee of the Library of Parliament occupying a position in the portion of the Library of Parliament that supported the Parliamentary Budget Officer.
Implementation of decision
(2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of an employee or the payment of money to an employee must be implemented by the office of the new Parliamentary Budget Officer as soon as feasible.
— 2017, c. 20, s. 150
Matter referred to Board
150 The provisions of Division IV of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any matter referred to the Board under that Division before that day that relates to the portion of the Library of Parliament that supported the Parliamentary Budget Officer.
— 2017, c. 20, s. 151
References — Parliamentary Budget Officer
151 Every reference to the Parliamentary Budget Officer in any deed, contract, agreement, arrangement or other similar document is, beginning on the commencement day, to be read as a reference to the new Parliamentary Budget Officer unless the context requires otherwise.
— 2017, c. 20, s. 152
Commencement of legal or administrative proceedings
152 Every action, suit or other legal or administrative proceeding in respect of an obligation or liability incurred in relation to the portion of the Library of Parliament that supported the Parliamentary Budget Officer may, beginning on the commencement day, be brought against the new Parliamentary Budget Officer.
— 2017, c. 20, s. 153
Continuation of legal or administrative proceedings
153 Any action, suit or other legal or administrative proceeding to which the Parliamentary Budget Officer is a party that is pending on the commencement day may be continued by or against the new Parliamentary Budget Officer in the same manner and to the same extent as it could have been continued by or against the Parliamentary Budget Officer.
— 2017, c. 20, s. 154
Transfer of appropriation
154 Any amount that is appropriated by an Act of Parliament for the fiscal year in which section 128 comes into force to defray the expenditures of the Library of Parliament in relation to the Parliamentary Budget Officer and that is unexpended on the commencement day is deemed to be an amount appropriated to defray the expenditures of the office of the new Parliamentary Budget Officer.
— 2017, c. 20, s. 155
Transfer of data
155 All information that, immediately before the commencement day, is in the possession or under the control of the Parliamentary Budget Officer and that relates to the exercise or performance of his or her powers, duties and functions under the Parliament of Canada Act is, as of that day, under the control of the new Parliamentary Budget Officer.
— 2017, c. 20, s. 156
Completion of work
156 The new Parliamentary Budget Officer may complete any work that was started before the commencement day by the Parliamentary Budget Officer under section 79.2 of the Parliament of Canada Act as it read immediately before that day.
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