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

RELATED PROVISIONS

• — 2013, c. 40, s. 438

  • Continuation of proceedings

    438 Every proceeding commenced under the Parliamentary Employment and Staff Relations Act before the day on which subsection 366(1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.

• — 2017, c. 12, s. 15

  • Parliamentary Employment and Staff Relations Act — existing applications

    15 If the Public Service Labour Relations and Employment Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 5 comes into force, received an application for certification referred to in paragraph 25(2)(a) of the Parliamentary Employment and Staff Relations Act or an application for a declaration made under subsection 29(1) or (3) of that Act, and the application has not been finally disposed of before that coming into force, that application is to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.

• — 2017, c. 20, s. 131

  • Definitions

    • 131 (1) The following definitions apply in sections 132 to 156.

      commencement day

      commencement day means the day on which section 128 comes into force. (date de référence)

      new Parliamentary Budget Officer

      new Parliamentary Budget Officer means the Parliamentary Budget Officer appointed under subsection 79.1(1) of the Parliament of Canada Act as enacted by section 128. (nouveau directeur parlementaire du budget)

    • Terminology — Parliamentary Employment and Staff Relations Act

      (2) Unless the context requires otherwise, words and expressions used in sections 133 to 150 have the same meaning as in section 3 of the Parliamentary Employment and Staff Relations Act.

• — 2017, c. 20, s. 135

  • Application for certification

    135 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 134(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.

• — 2017, c. 20, s. 137

  • Application for leave to give notice to bargain collectively

    • 137 (1) Either of the parties to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 136(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 136(1)(c).

• — 2017, c. 20, s. 138

  • No application within specified period

    • 138 (1) If no application for an order under subsection 136(1) is made within the period specified in subsection 136(2), the office of the new Parliamentary Budget Officer or any bargaining agent bound by a collective agreement or arbitral award that is continued in force under subsection 134(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 on the 151st day after the commencement day and ending on the 240th day after that day.

• — 2017, c. 20, s. 140

  • Duty to observe terms and conditions

    140 If a notice to bargain collectively is given before the commencement day, then, unless the office of the new Parliamentary Budget Officer 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 office of the new Parliamentary Budget Officer, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the commencement day until

    • (a) the expiry of the 150th day following that day, if no application is made under paragraph 141(a); or

    • (b) if such an application is made, the day on which the notice referred to in paragraph 141(b) is given.

• — 2017, c. 20, s. 141

  • Application and notice to bargain collectively

    141 If a notice to bargain collectively is given before the commencement day,

    • (a) on application by the office of the new Parliamentary Budget Officer or by the bargaining agent, made during the period beginning on the 120th day after the commencement day and ending on the 150th day after that day, the Board must make an order determining

      • (i) whether the employees of the office of the new Parliamentary Budget Officer 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 office of the new Parliamentary Budget Officer 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.

• — 2017, c. 20, s. 146

  • Application of Parliamentary Employment and Staff Relations Act

    • 146 (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 135 to 138, 141 and 144;

      • (b) an order made by the Board under any of sections 136 to 138 and 141;

      • (c) a determination of the Board made under any of sections 136, 141 and 144 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 134(1); and

      • (e) collective bargaining that is commenced after the receipt of a notice referred to in section 137 or 138 or paragraph 141(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 135 to 145, 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 134 to 145 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.

• — 2017, c. 20, s. 148

  • Complaints

    148 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 commencement day, continue to apply in respect of any complaint made under that Division before that day that relates to the portion of the Library of Parliament that supported the Parliamentary Budget Officer.

• — 2017, c. 20, s. 149

  • Grievances

    • 149 (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 commencement day, continue to apply in respect of any grievance presented under that Division before that day by an employee of the Library of Parliament occupying a position in the portion of the Library of Parliament that supported the Parliamentary Budget Officer.

    • 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 office of the new Parliamentary Budget Officer as soon as feasible.

• — 2017, c. 20, s. 150

  • Matter referred to Board

    150 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 commencement day, continue to apply in respect of any matter referred to the Board under that Division before that day that relates to the portion of the Library of Parliament that supported the Parliamentary Budget Officer.