Public Service Modernization Act (S.C. 2003, c. 22)
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Assented to 2003-11-07
PART 6CONSEQUENTIAL AMENDMENTS
Division 2Consequential Amendments Arising from Part 3
1990, c. 13Canadian Space Agency Act
235. Subsection 16(4) of the Canadian Space Agency Act is replaced by the following:
Marginal note:Acts and regulations applicable
(4) Each person employed in the Agency pursuant to subsection (2) is deemed to be an employee for the purposes of the Government Employees Compensation Act, to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act, and to be employed in the public service for the purposes of the Public Service Superannuation Act.
1995, c. 44Employment Equity Act
236. Subsections 4(5) and (6) of the English version of the Employment Equity Act are replaced by the following:
Marginal note:Deemed employer
(5) Every portion of the public sector referred to in paragraphs (1)(c) and (d) is deemed to be an employer for the purposes of this Act in relation to employees employed in that portion except that, with respect to any of those portions for which the Public Service Commission exercises any power or performs any function under the Public Service Employment Act, the Public Service Commission and that portion are responsible for carrying out the obligations of an employer under this Act.
Marginal note:References to employer
(6) In this Act, a reference to an employer is deemed, in relation to those portions of the public sector referred to in
(a) paragraph (1)(b), to be a reference to the Treasury Board and the Public Service Commission, each acting within the scope of its powers and functions under the Financial Administration Act and the Public Service Employment Act; and
(b) paragraphs (1)(c) and (d) for which the Public Service Commission exercises any power or performs any function under the Public Service Employment Act, to be a reference to the employer and the Public Service Commission.
237. (1) Paragraph 6(b) of the Act is replaced by the following:
(b) to hire or promote persons who do not meet the essential qualifications for the work to be performed;
(2) Paragraph 6(c) of the English version of the Act is replaced by the following:
(c) with respect to the public sector, to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit; or
238. (1) Paragraph 33(1)(b) of the Act is replaced by the following:
(b) require an employer to hire or promote persons who do not meet the essential qualifications for the work to be performed;
(2) Paragraph 33(1)(c) of the English version of the Act is replaced by the following:
(c) with respect to the public sector, require an employer to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit, or impose on the Public Service Commission an obligation to exercise its discretion regarding exclusion orders or regulations;
R.S., c. F-11Financial Administration Act
Marginal note:Section 8 of this Act
239. Subsection 12.4(2) of the Financial Administration Act is replaced by the following:
Marginal note:Consolidation of reports
(2) The President of the Treasury Board may, in respect of any fiscal year, prepare a single report concerning the matters referred to in subsection (1) and those referred to in subsections 21(1) and (2) of the Employment Equity Act or those referred to in section 28 of the Public Service Employment Act if he or she considers it appropriate to do so.
R.S., c. N-8National Film Act
240. Subsection 13(3) of the National Film Act is replaced by the following:
Marginal note:Appointment of employees
(3) Subject to the plan of organization approved under this section, the Board may appoint persons for a term or during pleasure to fill the positions established by the plan, prescribe their conditions of employment and provide for their promotion, salary and salary increases, but the provisions of the Public Service Employment Act relating to political activities and, where applicable, the condition of employment relating to payment of gratuity on death pursuant to the Financial Administration Act apply to the persons appointed under this section.
1998, c. 31Parks Canada Agency Act
241. Subsection 14(1) of the Parks Canada Agency Act is replaced by the following:
Marginal note:Political activities
14. (1) For the purposes of Part 7 of the Public Service Employment Act, the Chief Executive Officer is deemed to be a deputy head, and an employee is deemed to be an employee, within the meaning of subsection 2(1) of that Act.
2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act
242. Section 50 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
Marginal note:Political activities
50. Part 7 of the Public Service Employment Act applies to the Director and employees of the Centre. For the purposes of that Part, the Director is deemed to be a deputy head, and the employees are deemed to be employees, as defined in subsection 2(1) of that Act.
Section 2 of this ActPublic Service Labour Relations Act
243. Subsection 2(4) of the Public Service Labour Relations Act is replaced by the following:
Marginal note:Casual employment
(4) For the purposes of paragraph (f) of the definition “employee” in subsection (1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right to make appointments is employed on a casual basis if the person was appointed under section 50 of the Public Service Employment Act.
1992, c. 30Referendum Act
244. Subsection 32(2) of the Referendum Act is replaced by the following:
Marginal note:Participation not precluded
(2) Part 7 of the Public Service Employment Act is not to be construed or applied so as to restrict the right of a public servant to participate fully in respect of a referendum.
R.S.C. 1970, c. V-2Veterans Benefit Act
Marginal note:2000, c. 34, s. 57(1)
245. (1) The portion of subsection 9(1) of the Veterans Benefit Act before paragraph (a) is replaced by the following:
Marginal note:Korean War veterans
9. (1) Paragraph 39(1)(b) of the Public Service Employment Act applies to every person not described in subsection (2) who
Marginal note:2000, c. 34, s. 57(2)
(2) The portion of subsection 9(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Korean War veterans pensioned for disability
(2) Paragraph 39(1)(a) of the Public Service Employment Act applies to every person who
Subdivision bConsequential Amendments Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3
R.S., c. A-1Access to Information Act
246. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Public Service Staffing Tribunal
Tribunal de la dotation de la fonction publique
R.S., c. F-11Financial Administration Act
247. Schedule I.1 to the Financial Administration Act is amended by adding, in alphabetical order in column I, a reference to
Public Service Staffing Tribunal
Tribunal de la dotation de la fonction publique
and a corresponding reference in column II to the “President of the Queen’s Privy Council for Canada”.
R.S., c. P-21Privacy Act
248. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Public Service Staffing Tribunal
Tribunal de la dotation de la fonction publique
R.S., c. P-35Public Service Staff Relations Act
249. Part I of Schedule I to the Public Service Staff Relations Act is amended by adding the following in alphabetical order:
Public Service Staffing Tribunal
Tribunal de la dotation de la fonction publique
R.S., c. P-36Public Service Superannuation Act
250. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:
Public Service Staffing Tribunal
Tribunal de la dotation de la fonction publique
Division 3Consequential Amendments Arising from the Amendments to the Canadian Centre for Management Development Act in Part 4
R.S., c. A-1Access to Information Act
Marginal note:1991, c. 16, s. 21
251. Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:
Canadian Centre for Management Development
Centre canadien de gestion
252. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Canada School of Public Service
École de la fonction publique du Canada
R.S., c. F-11Financial Administration Act
Marginal note:1991, c. 16, s. 22
253. Schedule II to the Financial Administration Act is amended by striking out the following:
Canadian Centre for Management Development
Centre canadien de gestion
254. Schedule II to the Act is amended by adding the following in alphabetical order:
Canada School of Public Service
École de la fonction publique du Canada
R.S., c. P-21Privacy Act
Marginal note:1991, c. 16, s. 23
255. The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:
Canadian Centre for Management Development
Centre canadien de gestion
256. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Canada School of Public Service
École de la fonction publique du Canada
R.S., c. P-35Public Service Staff Relations Act
Marginal note:1991, c. 16, s. 24
257. Part I of Schedule I to the Public Service Staff Relations Act is amended by striking out the following:
Canadian Centre for Management Development
Centre canadien de gestion
258. Part I of Schedule I to the Act is amended by adding the following in alphabetical order:
Canada School of Public Service
École de la fonction publique du Canada
R.S., c. P-36Public Service Superannuation Act
Marginal note:1991, c. 16, s. 25
259. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:
Canadian Centre for Management Development
Centre canadien de gestion
260. Part I of Schedule I to the Act is amended by adding the following in alphabetical order:
Canada School of Public Service
École de la fonction publique du Canada
R.S., c. R-8Revolving Funds Act
Marginal note:2002, c. 5, Sch. 1 (PSC), vote 121b
261. Section 7 of the Revolving Funds Act is repealed.
PART 7COORDINATING AMENDMENTS
Public Service Modernization Act
262. If section 14 of the Courts Administration Services Act (the “other Act”) comes into force before the day on which section 167 of this Act comes into force, then on the later of the day on which this Act receives Royal Assent and the day on which section 14 of the other Act comes into force, section 167 of this Act and the heading before it are replaced by the following:
Marginal note:R.S., c. F-7; 2002, c. 7, s. 14
Federal Courts Act
Marginal note:1990, c. 8, s. 8
167. Paragraph 28(1)(i) of the English version of the Federal Courts Act is replaced by the following:
(i) the Public Service Labour Relations Board established by the Public Service Labour Relations Act;
263. If section 14 of the Courts Administration Services Act (the “other Act”) comes into force before paragraph 225(w) of this Act, then on the later of the day on which this Act receives Royal Assent and the day on which section 14 of the other Act comes into force, paragraph 225(w) of this Act is replaced by the following:
(w) subsection 12(5) of the Federal Courts Act;
R.S., c. F-11Financial Administration Act
264. On the later of the coming into force of section 109 of the Courts Administration Services Act and subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act,
(a) paragraphs (b) and (c) of the definition “deputy head” in subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act, are replaced by the following:
(b) in relation to any portion of the federal public administration named in Schedule IV, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person who occupies the position designated under subsection (2) in respect of that portion;
(c) in relation to a separate agency, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person who occupies the position designated under subsection (2) in respect of that separate agency; and
(b) subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act, is amended by adding the following in alphabetical order:
“statutory deputy head”
« administrateur général au titre de la loi »
“statutory deputy head” means any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head.
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