Public Service Modernization Act (S.C. 2003, c. 22)
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Assented to 2003-11-07
PART 6CONSEQUENTIAL AMENDMENTS
Division 1Consequential Amendments Arising from the Enactment of the Public Service Labour Relations Act in Part 1 and the Amendments to the Financial Administration Act in Part 2
Terminology Changes
Marginal note:Replacement of “Public Service”
225. The expression “Public Service” is replaced by the expression “public service” wherever it occurs in the English version of the following provisions, other than in the expressions “Public Service corporation”, “Public Service Employment Act”, “Public Service Pension Fund” and “Public Service Superannuation Act”:
(a) subsection 55(3) of the Access to Information Act;
(b) subsection 34(2) of the Aeronautics Act;
(c) subsection 4(2) of the Auditor General Act;
(d) section 11 of the Canada Council for the Arts Act;
(e) subsection 45(1) of the Canada Deposit Insurance Corporation Act;
(f) section 117 of the Canada Labour Code;
(g) subsection 25(4) of the Canada-Newfoundland Atlantic Accord Implementation Act;
(h) subsection 26(4) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act;
(i) paragraphs 4(a) to (e) and 5(a) and subsections 9(2) and 11(2) of the Canada School of Public Service Act;
(j) subsections 12(1) and (2) of the Canada Transportation Act;
(k) subsection 23(2) of the Canadian Centre for Occupational Health and Safety Act;
(l) the definitions “pay” and “Public Service” in subsection 2(1), subsections 43(1) and 46(1) and paragraph 62(4)(a) of the Canadian Forces Superannuation Act;
(m) subsections 10(1) and (2) of the Canadian International Trade Tribunal Act;
(n) subsection 9(1) of the Canadian Radio-television and Telecommunications Commission Act;
(o) subsections 5(2) and 9(2) of the Canadian Security Intelligence Service Act;
(p) subsection 4(8) of the Canadian Transportation Accident Investigation and Safety Board Act;
(q) subsection 2(4) of the Civil Air Navigation Services Commercialization Act;
(r) subsection 26(3) of the Competition Act;
(s) paragraph 66(7)(a) and subsection 66.4(2) of the Copyright Act;
(t) subsections 153(2) and (4) and 163(2) of the Corrections and Conditional Release Act;
(u) subsection 8(2) of the Energy Supplies Emergency Act;
(v) subsections 10(2) and 30(3) of the Expropriation Act;
(w) subsection 12(5) of the Federal Court Act;
(x) section 7 of the Fisheries Prices Support Act;
(y) subsection 10(1) of the Freshwater Fish Marketing Act;
(z) paragraph 35.1(1)(a) of the Garnishment, Attachment and Pension Diversion Act;
(z.1) subsections 5(3) to (5) of the Government Corporations Operation Act;
(z.2) subsection 39(1) of the Hazardous Materials Information Review Act;
(z.3) section 158 of the Immigration and Refugee Protection Act;
(z.4) subsection 23(3) of the International Centre for Human Rights and Democratic Development Act;
(z.5) subsections 18(1) and (2) of the International Development Research Centre Act;
(z.6) paragraph 89(2)(a) of the Marine Liability Act;
(z.7) subsection 24(3) of the Museums Act;
(z.8) subsection 13(1) of the National Arts Centre Act;
(z.9) paragraphs 29.16(9)(a) and 250.1(10)(a) of the National Defence Act;
(z.10) subsection 9(2) of the National Energy Board Act;
(z.11) subsection 15(4) of the North American Free Trade Agreement Implementation Act;
(z.12) subsection 12(3) of the Northern Pipeline Act;
(z.13) section 53 of the Official Languages Act;
(z.14) section 82 of the Parliamentary Employment and Staff Relations Act;
(z.15) subsection 94(2) of the Patent Act;
(z.16) subsection 34(3) of the Pension Benefits Standards Act, 1985;
(z.17) subsection 54(3) of the Privacy Act;
(z.18) paragraph 10(1)(b) of the Public Sector Pension Investment Board Act;
(z.19) in the Public Service Superannuation Act,
(i) paragraph (a) of the definition “salary” in subsection 3(1),
(ii) subsections 3(2) and (5),
(iii) subsection 4(1),
(iv) subsection 5(1),
(v) subsections 5.1(1) and (2),
(vi) subsection 5.3(1),
(vii) subsections 5.5(1) and (3),
(viii) clauses 6(1)(a)(iii)(B) to (E) and (b)(iii)(B), (F), (I.1), (K) and (L),
(ix) paragraph 7(1)(d) and subsection 7(1.1),
(x) subsections 8(1), (2) and (7),
(xi) the definition “cash termination allowance” in subsection 10(1), paragraph 10(5)(c) and subsections 10(7) and (8),
(xii) subparagraph 11(1)(b)(iii), paragraph (a) of the definition “Average Maximum Pensionable Earnings” in subsection 11(3) and subsections 11(4), (5) and (7) to (9),
(xiii) subsections 12(1) to (3) and (8),
(xiv) subsections 13(1), (3), (4), (5) and (6),
(xv) subsection 13.01(1),
(xvi) subsection 13.1(4),
(xvii) subsection 16(1),
(xviii) subsections 17(1) to (3),
(xix) paragraph 20(1)(b),
(xx) section 21,
(xxi) subsections 22(1) and (2),
(xxii) section 23,
(xxiii) section 24.2,
(xxiv) subsection 26(2) and paragraphs 26(6)(a) and (7)(a),
(xxv) sections 28 to 30,
(xxvi) subsections 31(1) and (2),
(xxvii) subsections 35(4) and (5),
(xxviii) section 36,
(xxix) subsections 38(1) and (3),
(xxx) subsections 40(2) to (4) and (11) to (13),
(xxxi) subsections 40.1(1) and (2),
(xxxii) subsections 40.2(2), (3) and (9),
(xxxiii) paragraphs 42(1)(d), (h), (q), (w), (y), (z), (aa) and (bb) and subsections 42(2), (5), (10) and (11),
(xxxiv) paragraphs 42.1(1)(u), (v.1) and (v.5),
(xxxv) the definitions “basic benefit”, “immediate annual allowance” and “salary” in subsection 47(1),
(xxxvi) section 48,
(xxxvii) section 50,
(xxxviii) subsections 51(1) and (2),
(xxxix) subsection 52(1),
(xl) section 53,
(xli) subsection 54(2),
(xlii) paragraph 56(1)(c),
(xliii) subsections 62(1), (3) and (4), and
(xliv) paragraph 69(3)(a);
(z.20) subsection 18(2) of the Royal Canadian Mint Act;
(z.21) the definitions “pay” and “Public Service” in subsection 3(1) and subsections 3(3) and 24(1) and (4) of the Royal Canadian Mounted Police Superannuation Act;
(z.22) subsection 77.24(4) of the Special Import Measures Act;
(z.23) paragraph 11(1)(d) and subsection 11(4) of the Special Retirement Arrangements Act;
(z.24) subsection 17(1) of the Standards Council of Canada Act;
(z.25) section 15 of the Status of the Artist Act;
(z.26) subsection 10(2) of the Transportation Appeal Tribunal of Canada Act;
(z.27) subsection 11(2) of the Veterans Review and Appeal Board Act; and
(z.28) the definition “Administrator” in section 2 of the Weather Modification Information Act.
226. The amendments made by this Part to replace the expressions “public service of Canada” and “Public Service” by the expressions “federal public administration” and “public service”, respectively, are to be considered as terminology changes only and are not to be held to operate as new law.
Division 2Consequential Amendments Arising from Part 3
Subdivision aConsequential Amendments Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3
R.S., c. A-17Auditor General Act
Marginal note:1992, c. 54, s. 79; s. 92 of this Act
227. Section 15 of the Auditor General Act is replaced by the following:
Marginal note:Officers, etc.
15. (1) The officers and employees that are necessary to enable the Auditor General to perform his or her duties are to be appointed in accordance with the Public Service Employment Act and, subject to subsections (2) to (5), the provisions of that Act apply to those offices and employees.
Marginal note:Public Service Employment Act — employer and deputy head
(2) The Auditor General may exercise the powers and perform the functions of the employer and deputy head under the Public Service Employment Act within the meaning of those terms in subsection 2(1) of that Act.
Marginal note:Public Service Employment Act — Commission
(3) The Auditor General may, in the manner and subject to the terms and conditions that the Public Service Commission directs, exercise the powers and perform the functions of that Commission under the Public Service Employment Act, other than its powers and functions in relation to the hearing of allegations by a candidate under sections 118 and 119 of that Act and its power to make regulations.
Marginal note:Delegation
(4) The Auditor General may authorize any person employed in his or her office to exercise and perform, in any manner and subject to any terms and conditions that he or she directs, any of his or her powers and functions under subsections (2) and (3).
Marginal note:Sub-delegation
(5) Any person authorized under subsection (4) may, subject to and in accordance with the authorization, authorize one or more persons under that person’s jurisdiction to exercise any power or perform any function to which the authorization relates.
228. The Act is amended by adding the following after section 16.1:
Marginal note:Contract for professional services
16.2 Subject to any other Act of Parliament or regulations made under any Act of Parliament, but without the approval of the Treasury Board, the Auditor General may, within the total dollar limitations established for his or her office in appropriation Acts, contract for professional services.
1999, c. 17Canada Customs and Revenue Agency Act
229. Subsection 55(1) of the Canada Customs and Revenue Agency Act is replaced by the following:
Marginal note:Mobility to departments
55. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of the Agency must be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act.
230. Section 57 of the Act is replaced by the following:
Marginal note:Political activities
57. Part 7 of the Public Service Employment Act applies to the Commissioner, Deputy Commissioner and employees of the Agency. For the purposes of that Part, the Commissioner and Deputy Commissioner are deemed to be deputy heads as defined in subsection 2(1) of that Act and the employees of the Agency are deemed to be employees as defined in that subsection.
1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act
231. The portion of subsection 25(4) of the Canada-Newfoundland Atlantic Accord Implementation Act before paragraph (a) is replaced by the following:
Marginal note:Mobility of staff
(4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act,
1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
232. The portion of subsection 26(4) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act before paragraph (a) is replaced by the following:
Marginal note:Mobility of staff
(4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act,
2000, c. 6Canadian Institutes of Health Research Act
233. Section 24 of the Canadian Institutes of Health Research Act is replaced by the following:
Marginal note:Part 7 of the Public Service Employment Act
24. For the purposes of Part 7 of the Public Service Employment Act, the President is deemed to be a deputy head as defined in subsection 2(1) of that Act and an employee of the CIHR is deemed to be an employee as defined in subsection 2(1) of that Act.
R.S., c. C-23Canadian Security Intelligence Service Act
234. Subparagraph 8(1)(b)(ii) of the Canadian Security Intelligence Service Act is replaced by the following:
(ii) to exercise the powers and perform the functions assigned to the Public Service Commission by or pursuant to the Public Service Employment Act.
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