GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Parliamentary Employment and Staff Relations Act — P-1.3 88.7
Annual report — Board 88.7 The Board shall, as soon as possible after the end of each year, submit a report for that year on its activities under this Part and under Part II of the Canada Labour Code , as it applies to employers and employees, to the Minister designated as the Minister for the purposes of the Federal Public Sector Labour Relations and Employment Board Act . The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it. 2018, c. 22, s. 21
Parliamentary Employment and Staff Relations Act — P-1.3 88.8
Five-year review 88.8 (1) Five years after the day on which this Part comes into force and every five years after that, the Minister designated as the Minister for the purposes of this Act shall commence a review of the application, in relation to harassment and violence, of the provisions of this Part. At the conclusion of the review, the Minister shall prepare a report on the review. Report to be tabled (2) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed. 2018, c. 22, s. 21
Parliamentary Employment and Staff Relations Act — P-1.3 Coming into force
Coming into force * 89 Parts I, II and III of this Act or any of those Parts shall come into force on a day or days to be fixed by proclamation. * [Note: Part I in force December 24, 1986, see SI/87-21; Part III in force July 29, 2019, see SI/2019-89.]
Parliamentary Employment and Staff Relations Act — P-1.3
I, , solemnly and sincerely swear (or affirm) that I will faithfully and honestly and to the best of my skill and knowledge fulfil the duties which devolve upon me under Part I of the Parliamentary Employment and Staff Relations Act by reason of my duties as .
Parliamentary Employment and Staff Relations Act — P-1.3 438
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.
Parliamentary Employment and Staff Relations Act — P-1.3 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.
Parliamentary Employment and Staff Relations Act — P-1.3 131
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 .
Parliamentary Employment and Staff Relations Act — P-1.3
commencement day means the day on which section 128 comes into force. ( date de référence )
Parliamentary Employment and Staff Relations Act — P-1.3
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 )
Parliamentary Employment and Staff Relations Act — P-1.3 135
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.
Parliamentary Employment and Staff Relations Act — P-1.3 137
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).
Parliamentary Employment and Staff Relations Act — P-1.3 138
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.
Parliamentary Employment and Staff Relations Act — P-1.3 140
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.
Parliamentary Employment and Staff Relations Act — P-1.3 141
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.
Parliamentary Employment and Staff Relations Act — P-1.3 146
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.
Parliamentary Employment and Staff Relations Act — P-1.3 148
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.
Parliamentary Employment and Staff Relations Act — P-1.3 149
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.
Parliamentary Employment and Staff Relations Act — P-1.3 150
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.
Parliament of Canada Act — P-1 1
Short title 1 This Act may be cited as the Parliament of Canada Act .
Parliament of Canada Act — P-1 2
Demise of the Crown 2 Parliament shall not determine or be dissolved by the demise of the Crown and, notwithstanding the demise, shall continue, and may meet, convene and sit, proceed and act, in the same manner as if that demise had not happened. R.S., c. S-8, s. 2
Parliament of Canada Act — P-1 3
Prerogative saved 3 Nothing in section 2 alters or abridges the power of the Crown to prorogue or dissolve Parliament. R.S., c. S-8, s. 3
Parliament of Canada Act — P-1 4
Parliamentary privileges, immunities and powers 4 The Senate and the House of Commons, respectively, and the members thereof hold, enjoy and exercise (a) such and the like privileges, immunities and powers as, at the time of the passing of the Constitution Act, 1867 , were held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof, in so far as is consistent with that Act; and (b) such privileges, immunities and powers as are defined by Act of the Parliament of Canada, not exceeding those, at the time of the passing of the Act, held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof. R.S., c. S-8, s. 4
Parliament of Canada Act — P-1 5
Judicial notice 5 The privileges, immunities and powers held, enjoyed and exercised in accordance with section 4 are part of the general and public law of Canada and it is not necessary to plead them but they shall, in all courts in Canada, and by and before all judges, be taken notice of judicially. R.S., c. S-8, s. 5
Parliament of Canada Act — P-1 6
Printed copy of journals 6 On any inquiry concerning the privileges, immunities and powers of the Senate and the House of Commons or of any member of either House, any copy of the journals of either House, printed or purported to be printed by order thereof, shall be admitted as evidence of the journals by all courts, justices and others, without proof that the copy was printed by order of either House. R.S., c. S-8, s. 6
Parliament of Canada Act — P-1 7
Proceedings based on published report 7 (1) Where any person is a defendant in any civil or criminal proceedings that are commenced or prosecuted in a court in any manner for, on account of or in respect of the publication of any report, paper, votes or proceedings, by that person or the servant of that person, by or under the authority of the Senate or the House of Commons, that person may bring before the court or any judge thereof, after twenty-four hours notice of intention to do so given in accordance with subsection (2), a certificate (a) given under the hand of the Speaker or the Clerk of the Senate or the House of Commons, and (b) stating that the report, paper, votes or proceedings were published by that person or servant, by order or under the authority of the Senate or the House of Commons, together with an affidavit verifying the certificate. Notice of intention (2) The notice of intention referred to in subsection (1) shall be given to the plaintiff or prosecutor in the civil or criminal proceedings or to the attorney or solicitor of the plaintiff or prosecutor. Stay of proceedings (3) On the bringing of a certificate before a court or judge in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act. R.S., c. S-8, s. 7
Parliament of Canada Act — P-1 8
Proof of correctness of copy 8 (1) Where any civil or criminal proceedings are commenced or prosecuted in a court for, on account of or in respect of the publication of any copy of a report, paper, votes or proceedings referred to in subsection 7(1), the defendant, at any stage of the proceedings, may bring before the court, or any judge thereof, the report, paper, votes or proceedings and the copy, together with an affidavit verifying the report, paper, votes or proceedings and the correctness of the copy. Stay of proceedings (2) On the bringing before a court or any judge thereof of any report, paper, votes or proceedings and a copy thereof with affidavit in accordance with subsection (1), the court or judge shall immediately stay the civil or criminal proceedings, and those proceedings and every writ or process issued therein shall be deemed to be finally determined and superseded by virtue of this Act. R.S., c. S-8, s. 8
Parliament of Canada Act — P-1 9
Proof in action for printing extract or abstract 9 In any civil or criminal proceedings commenced or prosecuted for printing an extract from or abstract of any report, paper, votes or proceedings referred to in subsection 7(1), the report, paper, votes or proceedings may be given in evidence and it may be shown that the extract or abstract was published in good faith and without malice and, if such is the opinion of the jury, a verdict of not guilty shall be entered for the defendant. R.S., c. S-8, s. 9
Parliament of Canada Act — P-1 10
Examination of witnesses under oath 10 (1) The Senate or the House of Commons may administer an oath to any witness examined at the bar of the Senate or the House. Examination before committee (2) The Senate or the House of Commons may order witnesses to be examined on oath before any committee. Committee may administer oath (3) Any committee of the Senate or the House of Commons may administer an oath to any witness examined before the committee. R.S., c. S-8, ss. 25 to 27
Parliament of Canada Act — P-1 11
Affirmation 11 (1) Where any witness to be examined under this Part conscientiously objects to take an oath, the witness may make a solemn affirmation and declaration. Effect of affirmation (2) Any solemn affirmation and declaration made under subsection (1) has the same force and effect, and entails the same consequences, as an oath taken in the usual form. R.S., c. S-8, ss. 28, 29
Parliament of Canada Act — P-1 12
Perjury 12 Any person examined under this Part who wilfully gives false evidence is liable to such punishment as may be imposed for perjury. R.S., c. S-8, s. 31
Parliament of Canada Act — P-1 13
Administering of oaths and affirmations 13 (1) Any oath or solemn affirmation and declaration under this Part may be administered by (a) the Speaker of the Senate or the House of Commons; (b) the chairman of any committee of the Senate or the House of Commons; or (c) such person or persons as may be appointed for that purpose either by the Speaker of the Senate or by the Speaker of the House of Commons or by standing or other order of the Senate or the House. Form (2) Every oath and solemn affirmation and declaration under this Part shall be in the Forms 1 and 2 in the schedule. R.S., c. S-8, ss. 30, 32
Parliament of Canada Act — P-1 16
Receiving prohibited compensation 16 (1) No member of the Senate shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the member or another person, (a) in relation to any bill, proceeding, contract, claim, controversy, charge, accusation, arrest or other matter before the Senate or the House of Commons or a committee of either House; or (b) for the purpose of influencing or attempting to influence any member of either House. Offence and punishment (2) Every member of the Senate who contravenes subsection (1) is guilty of an offence and liable to a fine of not less than one thousand dollars and not more than four thousand dollars. Offering prohibited compensation (3) Every person who gives, offers or promises to any member of the Senate any compensation for services described in subsection (1), rendered or to be rendered, is guilty of an indictable offence and liable to imprisonment for a term not exceeding one year and to a fine of not less than five hundred dollars and not more than two thousand dollars. R.S., c. S-8, s. 23
Parliament of Canada Act — P-1 17
Speaker leaving the chair 17 Whenever the Speaker of the Senate, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the Senate on any day, the Speaker may call on any senator to take the chair and preside as Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day. R.S., c. S-14, s. 2
Parliament of Canada Act — P-1 18
Unavoidable absence 18 Whenever the Senate is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Senate may choose any senator to preside as Speaker during such absence and that senator thereupon has and shall execute all the powers, privileges and duties of Speaker until the Speaker resumes the chair or another Speaker is appointed by the Governor General. R.S., c. S-14, s. 3
Parliament of Canada Act — P-1 19
Validity of acts 19 Every act done by any senator acting pursuant to section 17 or 18 has the same effect and validity as if the act had been done by the Speaker. R.S., c. S-14, s. 4
Parliament of Canada Act — P-1 19.1
Committee 19.1 (1) In this section and sections 19.2 to 19.9, Committee means the Standing Senate Committee on Internal Economy, Budgets and Administration established by the Senate under its rules. Intersessional authority (2) During a period of prorogation or dissolution of Parliament and until the members of a successor Committee are appointed by the Senate, the Committee continues to exist for the purposes of this Act and, subject to subsection (3), every member of the Committee, while still a senator, remains a member of the Committee as if there had been no prorogation or dissolution. Composition of Committee (3) The Leader of the Government in the Senate or Government Representative in the Senate, or his or her nominee, the Leader of the Opposition in the Senate, or his or her nominee, and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate, or his or her nominee, may, in accordance with the rules of the Senate, change the membership of the Committee from time to time, including during periods of prorogation or dissolution. Senate control (4) In exercising its functions and powers under this Act, the Committee is subject to the rules, direction and control of the Senate. Emergencies (5) Where the Chairman of the Committee deems that there is an emergency, the Committee’s Sub-committee on Agenda and Procedure may exercise any power of the Committee under this Act. Report of decision (6) The Chairman of the Committee shall report to the Committee any decision made under subsection (5) at the meeting of the Committee immediately following the decision. 1991, c. 20, s. 1 2022, c. 10, s. 238
Parliament of Canada Act — P-1 19.2
Capacity of Committee 19.2 (1) In exercising the powers and carrying out the functions conferred upon it pursuant to this Act, the Committee has the capacity of a natural person and may (a) enter into contracts, memoranda of understanding or other arrangements in the name of the Senate or in the name of the Committee; and (b) do all such things as are necessary or incidental to the exercising of its powers or the carrying out of its functions. Immunity (2) Where a member of the Committee participates in the exercise of the powers or the carrying out of the functions of the Committee, the member shall not be held personally liable for the actions of the Committee. 1991, c. 20, s. 1
Parliament of Canada Act — P-1 19.3
Function of Committee inter alia 19.3 Subject to subsection 19.1(4), the Committee may act on all financial and administrative matters respecting (a) the Senate, its premises, its services and its staff; and (b) the members of the Senate. 1991, c. 20, s. 1
Parliament of Canada Act — P-1 19.4
Main Estimate to be prepared 19.4 Prior to each fiscal year the Committee shall cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the charges and expenses of the Senate and of the members thereof during the fiscal year. 1991, c. 20, s. 1