GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Parliament of Canada Act — P-1 101
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.
Parliament of Canada Act — P-1 102
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.
Parliament of Canada Act — P-1 103
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.
Parliament of Canada Act — P-1 104
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).
Parliament of Canada Act — P-1 105
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.
Parliament of Canada Act — P-1 106
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).
Parliament of Canada Act — P-1 107
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.
Parliament of Canada Act — P-1 108
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.
Parliament of Canada Act — P-1 109
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.
Parliament of Canada Act — P-1 110
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.
Parliament of Canada Act — P-1 111
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.
Parliament of Canada Act — P-1 112
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 .
Parliament of Canada Act — P-1 113
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.
Parliament of Canada Act — P-1 114
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.
Parliament of Canada Act — P-1 115
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.
Parliament of Canada Act — P-1 116
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.
Parliament of Canada Act — P-1 117
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.
Parliament of Canada Act — P-1 118
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.
Parliament of Canada Act — P-1 119
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.
Parliament of Canada Act — P-1 120
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.
Parliament of Canada Act — P-1 121
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.
Parliament of Canada Act — P-1 122
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.
Parliament of Canada Act — P-1 131
Definitions 131 (1) The following definitions apply in sections 132 to 156 . commencement day means the day on which section 128 comes into force. ( date de référence ) 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 .
Parliament of Canada Act — P-1
commencement day means the day on which section 128 comes into force. ( date de référence )
Parliament of Canada Act — P-1
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 )
Parliament of Canada Act — P-1 132
Parliamentary Budget Officer 132 The person occupying the position of Parliamentary Budget Officer immediately before the commencement day is deemed to have been appointed under subsection 79.1(1) of the Parliament of Canada Act as enacted by section 128 . Despite subsection 79.1(2) of that Act as enacted by section 128 , that person’s term of office is equal to the remainder of the term for which he or she was appointed under subsection 79.1(2) of that Act as it read immediately before the commencement day.
Parliament of Canada Act — P-1 133
Persons who occupy a position 133 (1) Every person who occupies a position in the portion of the Library of Parliament that immediately before the commencement day supported the Parliamentary Budget Officer occupies on the commencement day their position in the office of the new Parliamentary Budget Officer. No change in status (2) Nothing in subsection (1) is to be construed as affecting the status of any person who, immediately before the commencement day, occupies a position within the Library of Parliament, except that the person, beginning on that day, occupies their position in the office of the new Parliamentary Budget Officer.
Parliament of Canada Act — P-1 134
Collective agreements or arbitral awards continued 134 (1) Subject to sections 135 to 146 , every collective agreement or arbitral award that applies to an employee who occupies a position in the portion of the Library of Parliament that immediately before the commencement day supported the Parliamentary Budget Officer 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 office of the new Parliamentary Budget Officer, 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 office of the new Parliamentary Budget Officer in the bargaining unit in respect of which that bargaining agent has been certified. Parties may amend (3) Nothing in subsections (1) and (2) prohibits the office of the new Parliamentary Budget Officer 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.
Parliament of Canada Act — P-1 135
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.
Parliament of Canada Act — P-1 136
Power of Board 136 (1) If a collective agreement or arbitral award is continued in force under subsection 134 (1), the Board must, by order, on application by the office of the new Parliamentary Budget Officer or any bargaining agent affected by the establishment of the office of the new Parliamentary Budget Officer, (a) determine whether the employees of the office of the new Parliamentary Budget Officer 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 office of the new Parliamentary Budget Officer, 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 must be made (2) The application may be made only during the period beginning on the 120th day after the commencement day and ending on the 150th day after that day.
Parliament of Canada Act — P-1 137
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).
Parliament of Canada Act — P-1 138
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.
Parliament of Canada Act — P-1 139
Notice to bargain given before conversion 139 A notice to bargain collectively that was given before the commencement day does not bind the office of the new Parliamentary Budget Officer and a new notice to bargain collectively may be given only in the circumstances set out in paragraph 141 (b).
Parliament of Canada Act — P-1 140
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.
Parliament of Canada Act — P-1 141
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.
Parliament of Canada Act — P-1 142
Inquiry and votes 142 Before making an order under subsection 136 (1) or paragraph 141 (a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order.