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Public Service Modernization Act (S.C. 2003, c. 22)

Assented to 2003-11-07

PART 6CONSEQUENTIAL AMENDMENTS

R.S., c. P-21Privacy Act

189. The reference to “Public Service Staff Relations Board” in the schedule to the Privacy Act is replaced by a reference to “Public Service Labour Relations Board”.

2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

190. Subsection 49(3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

  • Marginal note:Human resources management

    (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply to the Centre, and the Director may

    • (a) determine the organization of and classify the positions in the Centre;

    • (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign to them their duties;

    • (c) notwithstanding section 112 of the Public Service Labour Relations Act, in accordance with the mandate approved by the Treasury Board, fix the remuneration of the employees of the Centre; and

    • (d) provide for any other matters that the Director considers necessary for effective human resources management in the Centre.

191. Section 51 of the Act is replaced by the following:

Marginal note:Authority to provide services

51. When a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to another department in or portion of the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Centre if it considers it appropriate to do so.

R.S., c. P-33Public Service Employment Act

192. The long title of the Public Service Employment Act is replaced by the following:

An Act respecting employment in the public service

  • 193. (1) The definition “department” in subsection 2(1) of the Act is replaced by the following:

    “department”

    « ministère »

    “department” means

    • (a) a department named in Schedule I to the Financial Administration Act,

    • (b) any other portion of the federal public administration named in Schedule IV or V to that Act that is designated by the Governor in Council as a department for the purposes of this Act, and

    • (c) any part of a portion of the federal public administration named in Schedule I, IV or V to that Act that is designated by the Governor in Council as a department for the purposes of this Act;

  • (2) Paragraphs (b) and (c) of the definition “deputy head” in subsection 2(1) of the Act are replaced by the following:

    • (b) in relation to any portion or part of a portion of the federal public administration designated under the definition “department”, the person that the Governor in Council may designate as the deputy head for the purposes of this Act, and

    • (c) in relation to any portion of the federal public administration named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive right and authority to appoint persons, its chief executive officer or, if there is no chief executive officer, the person that the Governor in Council may designate as the deputy head for the purposes of this Act;

  • (3) The definition “Public Service” in subsection 2(1) of the English version of the Act is replaced by the following:

    “public service”

    « fonction publique »

    “public service” has the same meaning as in the Public Service Labour Relations Act.

  • Marginal note:1992, c. 54, s. 2(3)

    (4) Subsection 2(2) of the English version of the Act is replaced by the following:

    • Marginal note:Presumption

      (2) For the purpose of being eligible to enter competitions and for the purposes of section 11, persons not otherwise employed in the public service who are employees in any portion of the federal public administration designated pursuant to subsection 37(2) are deemed to be persons employed in the public service.

  • (5) Subsection 2(3) of the Act is replaced by the following:

    • Marginal note:References

      (3) Unless the context otherwise requires,

      • (a) a reference in this Act to a deputy head in relation to an employee shall be construed as a reference to the deputy head of the department or the deputy head in relation to the portion of the federal public administration named in Schedule IV or V to the Financial Administration Act, as the case may be, in which the employee is employed; and

      • (b) a reference in this Act to a deputy head in relation to a department or other portion of the federal public administration named in Schedule IV or V to the Financial Administration Act is to be construed as a reference to the deputy head of that department or the deputy head in relation to that portion of the federal public administration, as the case may be, to which the context extends.

  • Marginal note:1992, c. 54, s. 2(4)

    (6) Subsection 2(5) of the Act is replaced by the following:

    • Marginal note:References

      (5) A reference in subsection (4), section 5.1, subsections 12(5), 17(1.1), 34.2(1) and 34.3(1) and (3) and section 37.1 to the Treasury Board or the public service shall, in the case of any portion of the federal public administration named in Schedule V to the Financial Administration Act for which appointments are made in accordance with this Act, be construed, respectively, as a reference to the separate agency concerned within the meaning of that Act and as a reference to that portion of the federal public administration.

194. Subsection 6(6) of the Act is replaced by the following:

  • Marginal note:Acting deputy head

    (6) In the absence of the deputy head, the person designated by the deputy head to act in his or her absence or, if no person has been so designated or there is no deputy head, the person designated by the person who under the Financial Administration Act is the appropriate Minister with respect to the department in, or other portion of, the federal public administration named in Schedule IV or V to that Act, or any other person that may be designated by the Governor in Council, has the powers, functions and duties of the deputy head.

Marginal note:1992, c. 54, s. 11; 1999, c. 31, s. 182(E)

195. Subsection 12(5) of the English version of the Act is replaced by the following:

  • Marginal note:Consultation

    (5) The Commission shall, on request or where, in the opinion of the Commission, consultation is necessary or desirable, consult with representatives of the Treasury Board or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act with respect to the standards that may be established by the Commission under subsection (1) or the principles governing promotion, lay-off or priorities of entitlement to appointment.

196. Section 20 of the Act is replaced by the following:

Marginal note:Language

20. Employees appointed to serve in the public service shall be qualified in the knowledge and use of the English or French language or both, to the extent that the Commission considers necessary in order that the functions of the department, portion or part of the public service in which they are employed can be performed adequately and effective service can be provided to the public.

Marginal note:1996, c. 18, s. 15

197. Subsection 21(5) of the Act is replaced by the following:

  • Marginal note:Exception

    (5) Section 10 and the rights of appeal provided by this section do not apply to appointments made under subsection 29(1.1) or (3), section 29.1 or subsection 30(1) or (2) or 39(3) or any regulations made under paragraph 35(2)(a).

Marginal note:1992, c. 54, s. 16

198. Section 21.1 of the Act is replaced by the following:

Marginal note:Appeal to Federal Court of Appeal

21.1 Notwithstanding the Federal Court Act, an application to the Federal Court — Trial Division for relief under section 18 or 18.1 of that Act against a decision of a board established under subsection 21(1) or (1.1) shall be transferred to the Federal Court of Appeal if the parties to that application so agree or if the Federal Court of Appeal, on application by any of those parties, so orders on the basis that the sound administration of that part of the public service over which the deputy head concerned has jurisdiction would be unduly prejudiced by delay if the matter were heard and determined by the Federal Court — Trial Division and subject to an appeal to the Federal Court of Appeal.

Marginal note:1992, c. 54, s. 16

199. Subsection 21.2(2) of the Act is replaced by the following:

  • Marginal note:Restriction

    (2) No person appointed under subsection (1) may work in any particular department, or in any portion of the federal public administration named in Schedule IV or V to the Financial Administration Act, on more than one hundred and twenty-five days in any year.

Marginal note:1996, c. 18, s. 16

200. Subsection 29(1) of the Act is replaced by the following:

Marginal note:Laying off employees

  • 29. (1) Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside those portions of the federal public administration named in Schedule I, IV or V to the Financial Administration Act, otherwise than where the employment of the employee is terminated in the circumstances referred to in paragraph 12(1)(f) of that Act, the deputy head, in accordance with the regulations of the Commission, may lay off the employee.

201. The Act is amended by adding the following after section 29:

Marginal note:Appointments

29.1 A person employed in the public service who does not accept an offer of employment made in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act that is a reasonable job offer within the meaning of any agreement respecting work force adjustment, or who accepts an offer of employment that is not a reasonable job offer within that meaning, is entitled to be appointed to a position and to enter any competition in respect of a position as if the person had been laid off in accordance with section 29.

202. Paragraph 36(1)(b) of the Act is replaced by the following:

  • (b) notwithstanding any other Act, applying all or any of the provisions of this Act that do not otherwise apply, including the provisions relating to appointments, to any portion or part of any portion of the federal public administration named in Schedule I, IV or V to the Financial Administration Act; and

Marginal note:1992, c. 54, s. 24

203. Subsection 37(2) of the English version of the Act is replaced by the following:

  • Marginal note:Designation

    (2) The Governor in Council, on the recommendation of the Commission, may designate any portion of the federal public administration for the purposes of subsection 2(2).

Marginal note:1992, c. 54, s. 25

204. Subsection 37.1(3) of the English version of the Act is replaced by the following:

  • Marginal note:Consultation

    (3) The Treasury Board shall, on request or where, in its opinion, consultation is necessary or desirable, consult with representatives of the Commission or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act with respect to any regulations that may be made under this section.

Marginal note:1995, c. 17, s. 10

205. Subsection 37.3(3) of the Act is replaced by the following:

  • Definition of “Public Service”

    (3) In this section, “Public Service” means the departments and other portions of the federal public administration named in Schedule IV to the Financial Administration Act.

206. The English version of the Act is amended by replacing the expression “Public Service” with the expression “public service” in the following provisions:

  • (a) the definitions “closed competition”, “employee” and “open competition” in subsection 2(1);

  • (b) subsection 3(7);

  • (c) paragraphs 5(a), (b) and (f);

  • (d) subsections 5.1(1), (2), (4) and (5);

  • (e) subsections 6(2) and (3);

  • (f) section 8;

  • (g) subsection 10(1);

  • (h) section 11;

  • (i) subsection 12(1);

  • (j) subsection 17(5);

  • (k) section 19;

  • (l) subsections 21(1.1) and (2.1);

  • (m) subsections 21.2(1) and (4);

  • (n) section 23;

  • (o) section 26;

  • (p) subsection 28(1);

  • (q) subsections 29(1.1), (3) and (5);

  • (r) subsections 30(1) to (4);

  • (s) subsection 33(3);

  • (t) subsection 34.1(1);

  • (u) paragraphs 35(2)(a), (c), (d) and (e);

  • (v) section 37.2;

  • (w) subsections 39(3), (4) and (5);

  • (x) section 40.1;

  • (y) subsection 41(1);

  • (z) section 43;

  • (z.1) section 47.1; and

  • (z.2) Schedule III.

R.S., c. P-34Public Service Rearrangement and Transfer of Duties Act

207. Paragraph 2(a) of the Public Service Rearrangement and Transfer of Duties Act is replaced by the following:

  • (a) transfer any powers, duties or functions or the control or supervision of any portion of the federal public administration from one minister to another, or from one department in, or portion of, the federal public administration to another; or

208. Section 3 of the Act is replaced by the following:

Marginal note:Duties and powers of minister and department

3. Where under this Act, or under any other lawful authority, any power, duty or function, or the control or supervision of any portion of the federal public administration, is transferred from one minister to another, or from one department in, or portion of, the federal public administration to another, the minister, department, or portion to whom or which the power, duty, function, control or supervision is transferred, and the appropriate officers of that department or portion, shall, in relation thereto, be substituted for and have and carry out the respective powers and duties that formerly belonged to or were to be carried out by the minister, department or portion and the respective officers of the department or portion from whom or which the power, duty, function, control or supervision is so transferred.

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