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

Marginal note:Orders not subject to review by court

• 72. (1) Except as provided in this Part, every order, award, direction, decision, declaration or ruling of the Board, an arbitrator appointed under section 49 or an adjudicator is final and shall not be questioned or reviewed in any court.

• Marginal note:No review by injunction, etc.

  (2) No order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board, an arbitrator appointed under section 49 or an adjudicator in any of the proceedings of the Board, arbitrator or adjudicator.

Marginal note:Participation by employee in strike

73. No employee shall participate in a strike.

Marginal note:Declaration or authorization of strike

74. No employee organization shall declare or authorize a strike of employees and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of a strike of employees or the participation of employees in a strike, the effect of which is or would be to involve the participation of an employee in a strike in contravention of section 73.

Marginal note:Offences and punishment; employee

• 75. (1) Every employee who contravenes section 73 is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred dollars.

• Marginal note:Idem; officer or representative

  (2) Every officer or representative of an employee organization who contravenes section 74 is guilty of an offence and liable on summary conviction to a fine not exceeding three hundred dollars.

• Marginal note:Idem; employee organization

  (3) Every employee organization that contravenes section 74 is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred and fifty dollars for each day that any strike declared or authorized by it in contravention of that section is or continues in effect.

Marginal note:Prosecution of employee organization

76. A prosecution for an offence referred to in section 75 may be brought against an employee organization and in the name of that organization, and for the purposes of any such prosecution an employee organization shall be deemed to be a person and any act or thing done or omitted by an officer or representative of an employee organization within the scope of his authority to act on behalf of the employee organization shall be deemed to be an act or thing done or omitted by the employee organization.

Marginal note:Consent

77. No prosecution arising out of an alleged failure by any person to observe any prohibition contained in section 6, 7 or 8 and no prosecution for an offence referred to in section 75 shall be instituted except with the consent of the Board.