Public Service Modernization Act (S.C. 2003, c. 22)
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Assented to 2003-11-07
PART 7COORDINATING AMENDMENTS
R.S., c. F-11Financial Administration Act
265. If subsection 2(1) of the Transportation Appeal Tribunal of Canada Act comes into force before the day on which the section 11 of this Act comes into force, then, on the day on which section 11 of this Act comes into force, Schedule IV to the Financial Administration Act is amended by
(a) striking out the following:
Civil Aviation Tribunal
Tribunal de l’aviation civile
(b) adding the following in alphabetical order:
Transportation Appeal Tribunal of Canada
Tribunal d’appel des transports du Canada
266. If section 11 of this Act comes into force before the day on which subsection 2(1) of the Transportation Appeal Tribunal of Canada Act (the “other Act”) comes into force, then, on the day on which subsection 2(1) of the other Act comes into force
(a) Schedule IV to the Financial Administration Act is amended by striking out the following:
Civil Aviation Tribunal
Tribunal de l’aviation civile
(b) Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:
Transportation Appeal Tribunal of Canada
Tribunal d’appel des transports du Canada
(c) the heading before section 62 and sections 62 and 63 of the other Act are repealed.
267. If section 3 of the Courts Administration Service Act comes into force before the day on which the section 11 of this Act comes into force, then, on the day on which section 11 of this Act comes into force, Schedule IV to the Financial Administration Act is amended
(a) by striking out the following:
Staff of the Federal Court
Personnel de la Cour fédérale
Tax Court of Canada
Cour canadienne de l’impôt
(b) by adding the following in alphabetical order:
Courts Administration Service
Service administratif des tribunaux judiciaires
268. If section 11 of this Act comes into force before the day on which section 3 of the Courts Administration Service Act (the “other Act”) comes into force, then, on the day on which section 3 of the other Act comes into force,
(a) Schedule IV to the Financial Administration Act is amended by striking out the following:
Staff of the Federal Court
Personnel de la Cour fédérale
Tax Court of Canada
Cour canadienne de l’impôt
(b) Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:
Courts Administration Service
Service administratif des tribunaux judiciaires
(c) sections 166 and 167 of the other Act are repealed.
R.S., c. P-33Public Service Employment Act
269. If section 164 of the Courts Administration Services Act comes into force before the day on which the definition “public service” in subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of this Act, comes into force, then, on the later of the coming into force of section 164 of the Courts Administration Services Act and section 198 of this Act, section 21.1 of the Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985, is replaced by the following:
Marginal note:Appeal to Federal Court of Appeal
21.1 Despite the Federal Courts Act, an application to the Federal Court 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 the 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 and subject to an appeal to the Federal Court of Appeal.
270. On the later of the coming into force of section 17 of this Act and section 10 of the Yukon Act, being chapter 7 of the Statutes of Canada, 2002, the definition “territorial election” in subsection 32(1) of the Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985, as enacted by section 17 of this Act, is replaced by the following:
“territorial election”
« élection territoriale »
“territorial election” means an election to the Council of the Northwest Territories or the Legislative Assembly of Yukon or of Nunavut.
Section 12 of this ActPublic Service Employment Act
271. On the later of the coming into force of section 109 of the Courts Administration Services Act and subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of this Act,
(a) paragraph (c) of the definition “deputy head” in subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following:
(c) in relation to any organization named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive authority to make appointments, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person designated by the Governor in Council as its deputy head for the purposes of this Act.
(b) subsection 2(1) of the Public Service Employment Act, as enacted by section 12 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.
272. On the later of the day on which this Act receives Royal Assent and the day on which section 10 of the Yukon Act, being chapter 7 of the Statutes of Canada, 2002, comes into force, the definition “territorial election” in subsection 111(1) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following:
“territorial election”
« élection territoriale »
“territorial election” means an election to the Council of the Northwest Territories or the Legislative Assembly of Yukon or of Nunavut.
Section 2 of this ActPublic Service Labour Relations Act
273. On the later of the day on which this Act receives royal assent and the day on which section 17 of the Yukon Act, being chapter 7 of the Statutes of Canada, 2002, comes into force, subsection 18(2) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, is replaced by the following:
Marginal note:Exception
(2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut with powers and functions similar to those of the Board.
274. On the later of the day on which this Act receives royal assent and the day on which section 14 of the Courts Administration Service Act comes into force, subsection 51(1) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, is replaced by the following:
Marginal note:Orders not to be reviewed by court
51. (1) Subject to this Part, every order or decision of the Board is final and may not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
275. On the later of the day on which this Act receives royal assent and the day on which section 16 of the Courts Administration Service Act comes into force, paragraph 59(1)(a) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, is replaced by the following:
(a) the position is confidential to the Governor General, a Minister of the Crown, a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, or a deputy head;
2002, c. 7Yukon Act
276. If section 17 of this Act comes into force before section 1 of the Yukon Act (the “other Act”), being chapter 7 of the Statutes of Canada, 2002, then, on the day on which section 17 of this Act comes into force, the heading before section 229 and sections 229 and 230 of the other Act are repealed.
Bill C-2
277. If Bill C-2, introduced in the 2nd Session of the 37th Parliament and entitled the Yukon Environmental and Socio-economic Assessment Act (the “other Act”), receives royal assent, then, on the later of the coming into force of subsection 14(3) of the other Act and the coming into force of section 8 of this Act, subsection 14(3) of the English version of the other Act is replaced by the following:
Marginal note:Benefits
(3) The members of the Board and its employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
Bill C-6
278. (1) Subsections (2) to (9) apply if Bill C-6, introduced in the 2nd Session of the 37th Parliament and entitled the Specific Claims Resolution Act (the “other Act”), receives royal assent.
(2) On the later of the coming into force of subsection 8(7) of the other Act and the coming into force of section 8 of this Act, subsection 8(7) of the English version of the other Act is replaced by the following:
Marginal note:Compensation
(7) The Chief Executive Officer is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
(3) On the later of the coming into force of section 10 of the other Act and the coming into force of the definition “separate agency” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, section 10 of the other Act and the heading before it are replaced by the following:
Human Resources Management
Marginal note:Separate agency
10. The Centre is a separate agency under the Public Service Labour Relations Act.
(4) On the later of the coming into force of subsection 13(1) of the other Act and the coming into force of section 35 of the Public Service Employment Act, as enacted by section 12 of this Act, subsection 13(1) of the other Act is replaced by the following:
Marginal note:Mobility to departments
13. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes held, under the Public Service Employment Act, employees of the Centre 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.
(5) On the later of the coming into force of section 15 of the other Act and the coming into force of section 111 of the Public Service Employment Act, as enacted by section 12 of this Act, section 15 of the other Act is replaced by the following:
Marginal note:Political activities
15. Part 7 of the Public Service Employment Act applies to the Chief Executive Officer, commissioners, adjudicators and employees of the Centre as if the Chief Executive Officer, commissioners and adjudicators were deputy heads, and the employees were employees, as defined in subsection 2(1) of that Act.
(6) On the later of the coming into force of subsection 21(4) of the other Act and the coming into force of section 8 of this Act, subsection 21(4) of the English version of the other Act is replaced by the following:
Marginal note:Compensation
(4) Commissioners are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
(7) On the later of the coming into force of subsection 42(4) of the other Act and the coming into force of section 8 of this Act, subsection 42(4) of the English version of the other Act is replaced by the following:
Marginal note:Compensation
(4) Adjudicators are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
(8) If section 82 of the other Act is not in force on the day on which section 11 of this Act comes into force, then, on that day,
(a) the other Act is amended by adding the following after section 80:
80.1 Schedule V to the Act is amended by adding the following in alphabetical order:
Canadian Centre for the Independent Resolution of First Nations Specific Claims
Centre canadien du règlement indépendant des revendications particulières des premières nations
(b) section 82 of the other Act and the heading before it are repealed.
(9) If section 11 of this Act is not in force on the day on which section 82 of the other Act comes into force, then, on that day, Schedule V to the Financial Administration Act, as enacted by section 11 of this Act, is amended by adding the following in alphabetical order:
Canadian Centre for the Independent Resolution of First Nations Specific Claims
Centre canadien du règlement indépendant des revendications particulières des premières nations
Bill C-12
279. If Bill C-12, introduced in the 2nd Session of the 37th Parliament and entitled the Physical Activity and Sport Act (the “other Act”), receives royal assent, then, on the later of the day on which section 26 of the other Act comes into force and the day on which the definition “public service” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, comes into force, section 26 of the English version of the other Act is replaced by the following:
Marginal note:Status
26. Directors, officers and employees of the Centre are deemed not to be employees of the federal public administration and, for the purposes of the Public Service Superannuation Act, are deemed not to be employed in the public service.
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