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Parliamentary Employment and Staff Relations Act

Version of section 88 from 2019-07-29 to 2024-04-01:


Marginal note:Application

  •  (1) Part II of the Canada Labour Code, other than subsections 134(2) and (3) and sections 152 and 153, applies to and in respect of an employer and employees, in the same manner and to the same extent as if the employer were a federal work, undertaking or business and the employees were employees to and in respect of which that Part applies except that, for the purpose of that application,

    • (a) any reference in that Part to

      • (i) “arbitration” is to be read as a reference to adjudication within the meaning of Part I of this Act,

      • (ii) “Board” and “collective agreement” are to be read as references to those expressions as defined in section 3 of this Act,

      • (iii) “employee” and “employer” are to be read as references to those expressions as defined in subsection 87(1) of this Act, and

      • (iv) “trade union” is to be read as a reference to an employee organization as defined in section 3 of this Act;

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

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

  • Marginal note:Application to other persons

    (2) This Part also applies to any person who is not an employee but who performs for an employer activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer.

  • Marginal note:Canadian Human Rights Act

    (3) For greater certainty, subject to section 2, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act.

  • R.S., 1985, c. 33 (2nd Supp.), s. 88
  • 2017, c. 20, s. 394
  • 2018, c. 22, s. 21

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