S-218
Second Session, Fortieth Parliament,
57 Elizabeth II, 2009
SENATE OF CANADA
BILL S-218
An Act to amend the Parliamentary Employment and Staff Relations Act
first reading, January 29, 2009
THE HONOURABLE SENATOR JOYAL, P.C.
3810516
SUMMARY
This enactment amends the Parliamentary Employment and Staff Relations Act to provide for notice to be given to the Canadian Human Rights Commission when a grievance referred to adjudication raises an issue involving the interpretation or application of the Canadian Human Rights Act.
This enactment also sets out the powers of an adjudicator named under the Parliamentary Employment and Staff Relations Act to interpret and apply the Canadian Human Rights Act.
It also repeals a non-derogation provision relating to the Parliament of Canada Act.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57 Elizabeth II, 2009
senate of canada
BILL S-218
An Act to amend the Parliamentary Employment and Staff Relations Act
R.S., c. 33 (2nd Supp.)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Subsection 4(1) of the Parliamentary Employment and Staff Relations Act is repealed.
2. The Act is amended by adding the following after section 63:
Notice to Canadian Human Rights Commission
63.1 (1) Where a grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party shall, in the manner prescribed, give notice of the issue to the Canadian Human Rights Commission.
Standing of Commission
(2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).
3. The Act is amended by adding the following after section 66.1:
Powers of adjudicator
66.2 An adjudicator may, in relation to any matter referred to adjudication,
(a) interpret and apply the Canadian Human Rights Act, whether or not there is a conflict between that Act and the collective agreement, if any; and
(b) give relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act.
4. Subsection 71(1) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(f) the manner of giving notice of an issue to the Canadian Human Rights Commission under this Division.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada
Explanatory Notes
Parliamentary Employment and Staff Relations Act
Clause 1: Existing text of subsection 4(1):
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.
Clauses 2 and 3: New.
Clause 4: Relevant portion of subsection 71(1):
71. (1) The Board may make regulations in relation to the procedure for the presenting of grievances, including regulations respecting