GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Parks Canada Agency Act — P-0.4 23
Fees for services and use of facilities 23 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees or the manner of calculating the fees to be paid for a service or the use of a facility provided by the Agency. Amount not to exceed cost (2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.
Parks Canada Agency Act — P-0.4 24
Fees for products, rights and privileges 24 The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees or the manner of calculating fees in respect of products, rights or privileges provided by the Agency.
Parks Canada Agency Act — P-0.4 25
Consultation 25 (1) Before fixing a fee under section 23 or 24, the Minister must consult with any persons and organizations that the Minister considers to be interested in the matter. Publication (2) The Minister must publish any fee fixed under section 23 or 24 in the Canada Gazette within thirty days after fixing it. Reference to Scrutiny Committee (3) A fee fixed under section 23 or 24 stands permanently referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.
Parks Canada Agency Act — P-0.4 26
Regulations 26 The Treasury Board may make regulations for the purposes of sections 23 and 24.
Parks Canada Agency Act — P-0.4 27
Collection of fees 27 The Agency may enter into an agreement with any person respecting the collection of fees fixed under this Act or any other Act under which the Agency provides services, facilities, products, rights or privileges and, notwithstanding subsections 17(1) and (4) of the Financial Administration Act , authorizing that person to withhold amounts from those fees.
Parks Canada Agency Act — P-0.4 28
Remission of fees 28 The Minister may remit or refund all or part of a fee fixed under section 23 or 24 or under any other Act under which the Agency provides services, facilities, products, rights or privileges, and the interest on it.
Parks Canada Agency Act — P-0.4 29
Recovery of fees and costs 29 The Agency may recover, as a debt due to Her Majesty, any fee or charge fixed under this or any other Act, any costs incurred by the Agency, and any interest on those fees, charges or costs, that relate to providing a service, facility, product, right or privilege by the Agency under this or any other Act.
Parks Canada Agency Act — P-0.4 30
Delegation 30 The Minister may delegate to the Agency any power, duty or function conferred on the Minister under sections 23 to 25 and 28.
Parks Canada Agency Act — P-0.4 31
Report — heritage areas and programs 31 At least every five years, the Chief Executive Officer shall provide the Minister with a report, to be tabled in each House of Parliament, on the state of national parks, national historic sites, national marine conservation areas and other protected heritage areas and heritage protection programs, and on the Agency’s performance in carrying out its responsibilities under section 6. 1998, c. 31, s. 31; 2002, c. 18, s. 39; 2012, c. 19, s. 318
Parks Canada Agency Act — P-0.4 32.
Management plans 32. (1) In addition to the duties in relation to management plans under the Canada National Parks Act and the Canada National Marine Conservation Areas Act , the Chief Executive Officer shall, within five years after the establishment of a national historic site or other protected heritage area, other than the Rouge National Urban Park, or within five years after the coming into force of this section, whichever is later, provide the Minister with a management plan for that national historic site or other protected heritage area in respect of any matter that the Minister deems appropriate, including, but not limited to, commemorative and ecological integrity, resource protection or visitor use, and that plan shall be tabled in each House of Parliament. Review of management plans by Minister (2) The Minister shall review the management plan for each national historic site or other protected heritage area at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament. 1998, c. 31, s. 32; 2000, c. 32, s. 59; 2002, c. 18, s. 40; 2012, c. 19, s. 319; 2015, c. 10, s. 58
Parks Canada Agency Act — P-0.4 35
Report on human resources regime 35 (1) The Chief Executive Officer must, at least every five years, have prepared by a person or body, other than the Agency or any of its officers or employees, a report on the consistency of its human resources regime with the values and principles that are to govern the management of its human resources. Available to the public (2) The report prepared under subsection (1) shall be made available to the public.
Parks Canada Agency Act — P-0.4 36.1
Official Languages Act applies 36.1 For greater certainty, the Official Languages Act applies to the Agency and the Agency has the duty, under section 25 of that Act, to ensure that, where services are provided or made available by another person or organization on its behalf, any member of the public in Canada or elsewhere can communicate with and obtain those services from that person or organization in either official language, in any case where those services, if provided by the Agency, would be required under Part IV of the Official Languages Act to be provided in either official language.
Parks Canada Agency Act — P-0.4 37
Appropriation Act 37 The provisions made by any appropriation Act for the fiscal year in which this section comes into force or a subsequent fiscal year, based on the Estimates for that year, to defray the charges and expenses of the public service of Canada within the Parks Canada Sector of the Department of Canadian Heritage in relation to any matter for which the Agency is responsible by virtue of this Act are deemed to be an amount appropriated for defraying the charges and expenses of the Agency in the amount that the Treasury Board may, on the recommendation of the Minister, determine.
Parks Canada Agency Act — P-0.4 38
Definitions 38 The definitions in this section apply in sections 39 to 45. designated position has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act . ( poste désigné ) employee means a person whose employment in the Department of Canadian Heritage is terminated under paragraph 11(2)(g.1) of the Financial Administration Act and who is appointed to the Agency following an offer of employment made by the Agency as a result of a transfer of any work, undertaking or business from the Department of Canadian Heritage to the Agency. ( employé ) grievance has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act . ( grief )
Parks Canada Agency Act — P-0.4
designated position has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act . ( poste désigné )
Parks Canada Agency Act — P-0.4
employee means a person whose employment in the Department of Canadian Heritage is terminated under paragraph 11(2)(g.1) of the Financial Administration Act and who is appointed to the Agency following an offer of employment made by the Agency as a result of a transfer of any work, undertaking or business from the Department of Canadian Heritage to the Agency. ( employé )
Parks Canada Agency Act — P-0.4
grievance has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act . ( grief )
Parks Canada Agency Act — P-0.4 39
Pending competitions and appointments 39 A competition being conducted or an appointment being or about to be made under the Public Service Employment Act in respect of a position within the Department of Canadian Heritage the duties and functions of which are assigned to a position within the Agency, may continue to be conducted or made as if the Agency were a department for the purposes of that Act.
Parks Canada Agency Act — P-0.4 40
Pending appeals 40 (1) An appeal made under section 21 of the Public Service Employment Act by any person against an appointment to a position within the Department of Canadian Heritage the duties and functions of which are assigned to a position within the Agency, and not finally disposed of on the assignment, must be dealt with and disposed of in accordance with that Act as if the Agency were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act. Other recourse (2) Any recourse commenced by an employee under the Public Service Employment Act that has not been finally dealt with on the appointment of the employee to the Agency must be dealt with and disposed of in accordance with that Act as if the Agency were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act.
Parks Canada Agency Act — P-0.4 41
Employees on probation 41 (1) Every employee who was considered to be on probation under section 28 of the Public Service Employment Act immediately before being appointed to the Agency continues on probation with the Agency until the end of any period established by the Public Service Commission by regulation for that employee or a class of persons of which that employee is a member. Rejection (2) Subsection 28(2) of the Public Service Employment Act applies to an employee of the Agency who is on probation but the reference to deputy head in that subsection is to be read as a reference to the Chief Executive Officer.
Parks Canada Agency Act — P-0.4 42
Designated positions 42 If an employee, immediately before being appointed to the Agency, occupied a position that was a designated position in the Department of Canadian Heritage, that employee is, on appointment to the Agency, deemed to occupy a designated position in the Agency.
Parks Canada Agency Act — P-0.4 43
Pending grievances 43 (1) Any grievance commenced by an employee under the Public Service Staff Relations Act that has not been finally dealt with on the appointment of the employee to the Agency, must be dealt with and disposed of in accordance with that Act as if the employee’s employment in the Department of Canadian Heritage had not been terminated. Implementation of decision (2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of or payment of money to a person must be implemented by the Agency as soon as practicable.
Parks Canada Agency Act — P-0.4 44
Successor rights 44 For the purpose of section 48.1 of the Public Service Staff Relations Act , the Governor in Council may fix the date on which the Parks Canada Sector and any other portion of the Department of Canadian Heritage are deemed to be severed from the Department and to become a part of the Agency, and that date is to be used for the purposes of subsections 48.1(3), (6) and (7) of that Act.
Parks Canada Agency Act — P-0.4 Coming into force
Coming into force * 62 This Act or any of its provisions, or any provision of an Act enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act, other than sections 19 to 22, 51, 55, 56 and 61.01, in force December 21, 1998, sections 19 to 22, 51, 55, 56 and 61.01 in force April 1, 1999, see SI/99-4.]
Parliamentary Employment and Staff Relations Act — P-1.3 1
Short title 1 This Act may be cited as the Parliamentary Employment and Staff Relations Act .
Parliamentary Employment and Staff Relations Act — P-1.3 2
Generally 2 Subject to this Act, this Act applies to and in respect of every person employed by, and applies to and in respect of, (a) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, and (b) a Member of Parliament who, in that capacity, employs that 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, and, except as provided in this Act, nothing in any other Act of Parliament that provides for matters similar to those provided for under this Act and nothing done thereunder, whether before or after the coming into force of this section, shall apply to or in respect of or have any force or effect in relation to the institutions and persons described in this section. R.S., 1985, c. 33 (2nd Supp.), s. 2; 2004, c. 7, s. 32; 2006, c. 9, s. 30; 2015, c. 36, s. 140; 2017, c. 20, s. 175
Parliamentary Employment and Staff Relations Act — P-1.3 2.1
Accessible Canada Act 2.1 For greater certainty, a person who is referred to in section 2 and who is not entitled to present a grievance under section 62 may file a complaint under subsection 94 (1) of the Accessible Canada Act with respect to a contravention of an applicable provision of regulations made under subsection 117 (1) of that Act if the person has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — that contravention. 2019, c. 10, s. 154
Parliamentary Employment and Staff Relations Act — P-1.3
adjudicator means, subject to subsection 66(4), a member of the Board assigned to hear and determine a grievance referred to adjudication and includes, where the context permits, a board of adjudication established under section 65 and an adjudicator named in a collective agreement for the purposes of that agreement; ( arbitre )
Parliamentary Employment and Staff Relations Act — P-1.3
arbitral award means an award made by the Board or an arbitrator appointed under section 49 in respect of a dispute; ( décision arbitrale )
Parliamentary Employment and Staff Relations Act — P-1.3 (a)
bargaining agent means an employee organization (a) that has been certified by the Board as bargaining agent for a bargaining unit, and (b) the certification of which has not been revoked; ( agent négociateur )
Parliamentary Employment and Staff Relations Act — P-1.3
bargaining unit means a group of two or more employees that is determined, in accordance with this Part, to constitute a unit of employees appropriate for collective bargaining; ( unité de négociation )
Parliamentary Employment and Staff Relations Act — P-1.3
Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act ; ( Commission )
Parliamentary Employment and Staff Relations Act — P-1.3
Chairman [Repealed, 2003, c. 22, s. 182]
Parliamentary Employment and Staff Relations Act — P-1.3
Chairperson means the Chairperson of the Board; ( président )
Parliamentary Employment and Staff Relations Act — P-1.3
collective agreement means an agreement in writing entered into under this Part between an employer, on the one hand, and a bargaining agent, on the other hand, containing provisions respecting terms and conditions of employment and related matters; ( convention collective )
Parliamentary Employment and Staff Relations Act — P-1.3
conciliator means a person appointed by the Chairperson under section 40 to assist the parties to collective bargaining in reaching agreement; ( conciliateur )
Parliamentary Employment and Staff Relations Act — P-1.3
Deputy Chairman [Repealed, 2003, c. 22, s. 182]
Parliamentary Employment and Staff Relations Act — P-1.3
dispute means a dispute or difference arising in connection with the conclusion, renewal or revision of a collective agreement, in respect of which arbitration is requested pursuant to section 50; ( différend )
Parliamentary Employment and Staff Relations Act — P-1.3 (a)
employee means a person employed by an employer, other than (a) a person appointed by the Governor in Council, (b) a person not ordinarily required to work more than seven hundred hours in a calendar year or one-third of the normal period for persons doing similar work, whichever is greater, (c) a person employed on a casual or temporary basis, unless the person has been so employed for a period of six months or more, (d) a person employed in a managerial or confidential capacity, or (e) a person excluded from the application of this Part by section 4, and for the purposes of this definition a person does not cease to be employed by an employer by reason only of the person’s discharge contrary to this Part or any other Act of Parliament; ( employé )
Parliamentary Employment and Staff Relations Act — P-1.3
employee organization means any organization of employees the purposes of which include the regulation of relations between an employer and its employees for the purposes of this Part and includes, unless the context otherwise requires, a council of employee organizations; ( organisation syndicale )
Parliamentary Employment and Staff Relations Act — P-1.3 (a)
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, (d) the office of the Senate Ethics Officer as represented by the 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, or (g) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer; ( employeur )
Parliamentary Employment and Staff Relations Act — P-1.3 (a)
grievance means a complaint in writing presented in accordance with this Part by an employee on his own behalf or on behalf of the employee and one or more other employees, except that (a) for the purposes of any of the provisions of this Part respecting grievances, a reference to an “employee” includes a person who would be an employee but for the fact that the person is a person employed in a managerial or confidential capacity, and (b) for the purposes of any of the provisions of this Part respecting grievances with respect to action resulting in termination or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s termination or suspension, the person was a person employed in a managerial or confidential capacity; ( grief )
Parliamentary Employment and Staff Relations Act — P-1.3
member , in respect of a member of the Board, includes a full-time member and a part-time member; ( commissaire )
Parliamentary Employment and Staff Relations Act — P-1.3 (a)
parties means (a) in relation to collective bargaining, arbitration or a dispute, an employer and a bargaining agent, and (b) in relation to a grievance, an employer and the employee who presented the grievance; ( parties )
Parliamentary Employment and Staff Relations Act — P-1.3 (a)
person employed in a managerial or confidential capacity means any person who (a) is employed in a position confidential to the person occupying the recognized position of Speaker of the Senate, Speaker of the House of Commons, Clerk of the Senate, Clerk of the House of Commons, Administrator of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of either House, (b) is employed as parliamentary counsel in either House or as legal counsel to a committee of either or both Houses, or (c) is employed by an employer and, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board, or, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in prescribed manner by the employer or by the Board on objection thereto by the bargaining agent, to be a person (i) who has executive duties and responsibilities in relation to the development and administration of employer programs, (ii) whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer, (iii) who is required by reason of the duties and responsibilities of that person to deal formally on behalf of the employer with a grievance presented in accordance with the grievance process provided by this Part, (iv) who is employed in a position confidential to any person described in paragraph (b) or subparagraph (i), (ii) or (iii), or (v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who, in the opinion of the Board, should not be included in a bargaining unit by reason of his duties and responsibilities to the employer; ( personne occupant un poste de direction ou de confiance )
Parliamentary Employment and Staff Relations Act — P-1.3
prescribed means prescribed by regulation of the Board; ( règlement et réglementaire )
Parliamentary Employment and Staff Relations Act — P-1.3
strike includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down of work or other concerted activity on the part of employees designed to restrict or limit output; ( grève )
Parliamentary Employment and Staff Relations Act — P-1.3
Vice-Chairman [Repealed, 2003, c. 22, s. 182]
Parliamentary Employment and Staff Relations Act — P-1.3
Vice-Chairperson means a Vice-Chairperson of the Board. ( vice-président )
Parliamentary Employment and Staff Relations Act — P-1.3 4
Rights, etc., not affected 4 (1) Nothing in this Part abrogates or derogates from any of the privileges, immunities and powers referred to in section 4 of the Parliament of Canada Act . Non-application to certain persons (2) This Part does not apply to or in respect of (a) the staff of any member of the Queen’s Privy Council for Canada holding the office of a minister of the Crown; (b) the staff of the member of the Senate occupying the recognized position of (i) Leader of the Government in the Senate, (ii) Leader of the Opposition in the Senate, (iii) Government Whip in the Senate, or (iv) Opposition Whip in the Senate; (c) the staff of the member of the House of Commons occupying the recognized position of (i) Leader of the Opposition in the House of Commons, (ii) Chief Government Whip in the House of Commons, or (iii) Chief Opposition Whip in the House of Commons; (d) the staff of the member of the House of Commons occupying the recognized position of Leader or Whip of a party that has a recognized membership of twelve or more persons in the House of Commons; (e) the staff of any other individual Member of Parliament; (f) the staff employed to provide research or associated services to the caucus members of a political party represented in Parliament; or (g) persons employed on a temporary basis by a committee of one or both Houses of Parliament.
Parliamentary Employment and Staff Relations Act — P-1.3 5
Employment rights 5 (1) The purpose of this Part is to provide to certain persons employed in Parliamentary service collective bargaining and other rights in respect of their employment. Right of membership in employee organization (2) Every employee may be a member of an employee organization and may participate in the lawful activities of the employee organization of which the employee is a member. Right of employer (3) Nothing in this Part shall be construed to affect the right or authority of an employer to determine the organization of the employer and to assign duties and classify positions of employment.