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

Act current to 2021-10-07 and last amended on 2021-08-31. Previous Versions

PART IStaff Relations (continued)

DIVISION VGeneral (continued)

Oaths and Solemn Affirmations

Marginal note:Oath or solemn affirmation to be taken

 A person appointed under this Part shall, before entering on his duties, take an oath or solemn affirmation in the form prescribed in the schedule before any person authorized by the Governor in Council to take the oath or solemn affirmation.

Provision of Facilities and Staff

Marginal note:Facilities and staff

 The Chief Administrator of the Administrative Tribunals Support Service of Canada shall provide an arbitrator appointed under section 49 and an adjudicator with the staff, the quarters and the other facilities that are necessary to enable the arbitrator or adjudicator to carry out their respective functions under this Part.

  • R.S., 1985, c. 33 (2nd Supp.), s. 81
  • 2014, c. 20, s. 481

Superannuation

Marginal note:Application of Public Service Superannuation Act

 Unless the Governor in Council otherwise orders in any case or class of cases, a person appointed under this Part shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • R.S., 1985, c. 33 (2nd Supp.), s. 82
  • 2003, c. 22, s. 225(E)

 [Repealed, 2014, c. 20, s. 481]

Report to Parliament

Marginal note:Annual report

 As soon as possible after the end of each year, the Board shall prepare a report on the administration of this Part during that year and shall cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House sits after the report has been prepared.

PART IIStandard Hours, Wages, Leave, Etc.

Interpretation

The following provision is not in force.

Marginal note:Definition of employer

 In this Part, employer means

  • (a) the Senate as represented by such committee or person as the Senate by its rules or orders designates for the purposes of this Part;

  • (b) the House of Commons as represented by such committee or person as the House of Commons by its orders designates for the purposes of this Part;

  • (c) the Library of Parliament as represented by the Parliamentary Librarian acting, subject to subsection 74(1) of the Parliament of Canada Act, on behalf of both Houses of Parliament;

  • (c.1) the office of the Senate Ethics Officer as represented by the Ethics Officer;

  • (c.2) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;

  • (c.3) the Parliamentary Protective Service as represented by the Director of the Parliamentary Protective Service on behalf of the Speakers of the two Houses of Parliament;

  • (c.4) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer; or

  • (d) a Member of Parliament who, in that capacity, employs any person or has the direction or control of staff employed to provide research or associated services to the caucus members of a political party represented in Parliament.

  • R.S., 1985, c. 33 (2nd Supp.), s. 85
  • 2004, c. 7, s. 34
  • 2006, c. 9, s. 32
  • 2015, c. 36, s. 142
  • 2017, c. 20, s. 177

Canada Labour Code (Part III)

The following provision is not in force.

Marginal note:Application

 Part III of the Canada Labour Code applies to and in respect of an employer and persons employed by the employer in the same manner and to the same extent as if the employer were the federal work, undertaking or business and the persons were the employees to and in respect of which the provisions of that Part apply except that, for the purpose of that application, any reference in that Part to

  • (a) a “collective agreement” shall be read as a reference to a collective agreement within the meaning of section 3 of this Act; and

  • (b) a “trade union” shall be read as a reference to an employee organization within the meaning of section 3 of this Act.

PART II.1Pay Equity

Marginal note:Definitions

 The following definitions apply in this Part.

bargaining agent

bargaining agent has the same meaning as in section 3. (agent négociateur)

Board

Board has the same meaning as in section 3. (Commission)

employee

employee means a person employed by an employer and includes the person occupying the recognized position of Clerk of the Senate, Clerk of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of the House of Commons. (employé)

employer

employer means

  • (a) the Senate as represented by any committee or person that the Senate by its rules or orders designates for the purposes of this Part;

  • (b) the House of Commons as represented by any committee or person that the House of Commons by its orders designates for the purposes of this Part;

  • (c) the Library of Parliament as represented by the Parliamentary Librarian acting, subject to subsection 74(1) of the Parliament of Canada Act, on behalf of both Houses of Parliament;

  • (d) the office of the Senate Ethics Officer as represented by the Senate Ethics Officer;

  • (e) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;

  • (f) the Parliamentary Protective Service as represented by the Director of the Parliamentary Protective Service on behalf of the Speakers of the two Houses of Parliament;

  • (g) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer;

  • (h) a member of the House of Commons who employs one or more persons or who has the direction or control of staff employed to provide research or associated services to the caucus members of a political party represented in the House of Commons;

  • (i) in the case of a person occupying the recognized position of Clerk of the Senate, Clerk of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of the House of Commons, the Senate or the House of Commons, as the case may be, as represented by the committee or person described in paragraph (a) or (b); or

  • (j) any other person who is recognized as an employer in regulations made under subsection 19.5(1) of the Parliament of Canada Act or by-laws made under section 52.5 of that Act. (employeur)

Pay Equity Commissioner

Pay Equity Commissioner means the Pay Equity Commissioner appointed under subsection 26(1) of the Canadian Human Rights Act. (Commissaire à l’équité salariale)

Marginal note:Powers, privileges and immunities

 For greater certainty, nothing in this Part is to be construed as limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members or as authorizing the exercise of a power or the performance of a function or duty by virtue of this Part if the exercise of that power or the performance of that function or duty would interfere, directly or indirectly, with the business of the Senate or the House of Commons.

Marginal note:Application — Pay Equity Act

  •  (1) The Pay Equity Act, other than sections 125 to 127, 129, 130, 132, 134, 137 to 146 and 180, applies with respect to the employer, in the same manner and to the same extent as if the employer were an employer referred to in paragraph 3(2)(a) of that Act except that, for the purpose of that application,

    • (a) any reference in that Act to

      • (i) bargaining agent, employee or employer is to be read as a reference to that expression as defined in section 86.1 of this Act,

      • (ii) “Tribunal” is to be read as a reference to the Board as defined in section 3 of this Act, and

      • (iii) “violation” is to be read as a reference to a “contravention”;

    • (b) Part I of this Act applies, with any modifications that the circumstances require, in respect of matters brought before the Board under the Pay Equity Act to the extent necessary to give effect to that purpose; and

    • (c) matters brought before the Board under the Pay Equity Act may be heard and determined only by a member as defined in section 3 of this Act.

  • Marginal note:Record keeping

    (2) Despite subsection (1), sections 90 and 91 of the Pay Equity Act apply with respect to an employer, in the same manner and to the same extent as if the employer were an employer referred to in paragraph 3(2)(e) of that Act except that, for the purpose of that application, any reference to employer in those sections is to be read as a reference to that term as defined in section 86.1 of this Act.

 
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