Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

129 The definition parliamentary precinct in section 79.51 of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

130 Form 3 in the schedule to the Act is replaced by the following:

Transitional Provisions

Marginal note: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)

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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).

Marginal note: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.

• Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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.