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

Marginal note:Rights, etc., not affected

• 4. (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.

Marginal note:Employment rights

• 5. (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.

Marginal note:Employer participation in employee organization

• 6. (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.