Bill C-435

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First Reading

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	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	House of Commons of Canada
	BILL C-435
	An Act to amend the Parliamentary Employment and Staff Relations Act (members' staff)
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. ( 1) The definition ``employee'' in section 3 of the Parliamentary Employment and Staff Relations Act is amended by striking out the word ``or'' at the end of paragraph (d), by adding the word ``or'' at the end of paragraph (e) and by adding the following after paragraph (e):
	(f) a person who is an employee as defined in section 2 of the Public Service Staff Relations Act.
	(2) The definition ``employer'' in section 3 of the Act is amended by striking out the word ``or'' at the end of paragraph (b), by adding the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):
	(d) a member of the Senate or House of Commons, in relation to employment of staff pursuant to this Act
	(i) to perform work for the member in the capacity of member of Parliament, including work in the member's constituency,
	(ii) to perform work for a member who is a minister of the Crown in relation to the minister's role as a member of Parliament, including work in the minister's constituency,
	(iii) to perform work for a member who is a leader, house leader or whip of a political party represented in Parliament, in relation to the functions of that position in Parliament, or
	(iv) to perform work for the caucus of a party;
	(3) Section 3 of the Act is amended by adding the following in alphabetical order:
``lockout'' « lock-out »	``lockout'' includes the closing of a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ a number of their employees, done to compel their employees, or to aid another employer to compel that other employer's employees, to agree to terms or conditions of employment;
	2. Subsection 4(2) of the Act is replaced by the following:
Non-applica- tion to certain staff	(2) This Part does not apply to or in respect of the staff of a member of the Queen's Privy Council for Canada holding the office of a minister of the Crown who are employed to serve the minister in relation to that office.
	3. The Act is amended by adding the following after section 77:
	Lockouts
No lockout	77.1 No employer shall cause a lockout of their employees.
Offences and punishment	77.2 Every employer who contravenes section 77.1 is guilty of an offence and liable on summary conviction, for each day that a lockout caused by them in contravention of that section subsists, to a fine not exceeding
	(a) five hundred dollars in the case of an employer who is an individual; or
	(b) five thousand dollars in the case of an employer other than an individual.
	4. Section 89 of the Act is replaced by the following:
Coming into force	89. Parts I, II and III of this Act or any of those Parts shall come into force on the earlier of
	(a) a day or days to be fixed by order of the Governor in Council; and
	(b) the day on which An Act to amend the Parliamentary Employment and Staff Relations Act (members' staff), receives royal assent.

Bill C-435

BILL C-435