Parliament of Canada Act (R.S.C., 1985, c. P-1)

Act current to 2015-08-30 and last amended on 2015-06-23. 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.

      • 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        Footnote *(2) The provisions amended or repealed by this Act, other than paragraph 80(1)(a) of the Parliament of Canada Act as enacted by section 13, apply to any member who fails to make an election under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.

      • 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.