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

Assented to 2003-11-07

PART 3PUBLIC SERVICE EMPLOYMENT ACT

Division 2R.S., c. P-33Amendments to the Public Service Employment Act

18. Subsection 36(1) of the Act is amended by adding the word “and” at the end of paragraph (a), by striking out the word “and” at the end of paragraph (b) and by repealing paragraph (c).

19. The Act is amended by adding the following after section 48:

PART VPUBLIC SERVICE STAFFING TRIBUNAL

Establishment

Marginal note:Tribunal established

  • 49. (1) A tribunal is established, to be called the Public Service Staffing Tribunal, consisting of between five and seven permanent members appointed by the Governor in Council and any temporary members that are appointed under section 51.

  • Marginal note:Eligibility

    (2) In order to be eligible to hold office as a member, a person must

  • Marginal note:Full-time or part-time

    (3) Members shall be appointed on a full-time or part-time basis.

  • Marginal note:Chairperson and Vice-Chairperson

    (4) The Governor in Council shall designate a full-time permanent member to be Chairperson of the Tribunal and a full-time or part-time permanent member to be its Vice-Chairperson.

  • Marginal note:Residence of Chairperson

    (5) The Chairperson shall reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance of it specified by the Governor in Council.

  • Marginal note:Oath or affirmation

    (6) Before commencing his or her functions, a person appointed as a member of the Tribunal shall take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:

    I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgement, skill and ability, execute and perform the office of member (or Chairperson or Vice-Chairperson) of the Public Service Staffing Tribunal.

Marginal note:Tenure

  • 50. (1) A permanent member of the Tribunal holds office during good behaviour for a term not exceeding five years, but may be removed for cause by the Governor in Council.

  • Marginal note:Reappointment

    (2) A permanent member is eligible to be reappointed.

Marginal note:Temporary members

  • 51. (1) The Governor in Council may appoint temporary members of the Tribunal whenever, in the Governor in Council’s opinion, the workload of the Tribunal so requires.

  • Marginal note:Tenure

    (2) A temporary member of the Tribunal holds office during good behaviour for a term not exceeding two years, but may be removed for cause by the Governor in Council.

  • Marginal note:Reappointment

    (3) A temporary member is eligible to be reappointed.

Marginal note:Carrying out functions

52. Members shall not accept or hold any office or employment or carry on any activity inconsistent with their functions, and full-time members shall devote the whole of their time to the performance of their functions.

Marginal note:Remuneration

  • 53. (1) A member shall be paid the remuneration fixed by the Governor in Council.

  • Marginal note:Expenses

    (2) Members are entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.

  • Marginal note:Application of Public Service Superannuation Act

    (3) Full-time members are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act.

  • Marginal note:Application of other Acts

    (4) All members are deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act.

Marginal note:Offices

  • 54. (1) The head office of the Tribunal shall be in the National Capital Region described in the schedule to the National Capital Act and the Tribunal may, with the approval of the Governor in Council, establish any regional offices that it considers necessary to carry out its mandate.

  • Marginal note:Services and facilities

    (2) In executing its mandate, the Tribunal may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the operation of the Tribunal.

Marginal note:Chief executive officer

  • 55. (1) The Chairperson of the Tribunal is its chief executive officer and has supervision over and direction of the work of the Tribunal.

  • Marginal note:Delegation by Chairperson

    (2) The Chairperson may authorize the Vice-Chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s functions.

  • Marginal note:Absence of Chairperson

    (3) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, the Vice-Chairperson shall act as the Chairperson and, while so acting, has all the powers and shall perform all the duties of the Chairperson.

  • Marginal note:Acting Chairperson

    (4) If both the Chairperson and the Vice-Chairperson are absent or unable to act or if both of their offices are vacant, the minister designated by the Governor in Council for the purpose of this section may authorize a permanent member or other qualified person to act as Chairperson for a period not exceeding 60 days and the Governor in Council may authorize a permanent member or other qualified person to act as Chairperson for any longer period.

Marginal note:Human resources

  • 56. (1) The Chairperson of the Tribunal may employ persons for the proper conduct of the Tribunal’s work, fix their period of employment, establish their probationary periods, reject them on probation and lay them off.

  • Marginal note:Experts and advisers

    (2) The Chairperson may retain on a temporary basis the services of mediators and other experts or persons having technical or special knowledge to assist the Tribunal in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration.

  • Marginal note:Application of Public Service Superannuation Act

    (3) Persons retained under subsection (2) are not employed in the Public Service for the purposes of the Public Service Superannuation Act.

20. The Act is amended by adding the following after section 56, as enacted by section 19 of this Act:

Marginal note:Political activities

57. Sections 32 to 34 apply to persons employed by the Tribunal as if they were employees as defined in subsection 2(1).

PART 41991, c. 16AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT

21. The long title of the Canadian Centre for Management Development Act is replaced by the following:

An Act respecting the Canada School of Public Service

22. Section 1 of the Act is replaced by the following:

Marginal note:Short title

1. This Act may be cited as the Canada School of Public Service Act.

  • 23. (1) The definitions “Centre” and “Principal” in section 2 of the Act are repealed.

  • (2) The definition “Board” in section 2 of the Act is replaced by the following:

    “Board”

    « conseil »

    “Board” means the Board of Governors of the School constituted by section 7;

  • (3) Section 2 of the Act is amended by adding the following in alphabetical order:

    “President”

    « président »

    “President” means the President of the School appointed under subsection 13(1);

    “School”

    « École »

    “School” means the Canada School of Public Service continued under subsection 3(1).

24. The heading before section 3 and sections 3 and 4 of the Act are replaced by the following:

CONTINUATION

Marginal note:Continuation

  • 3. (1) The Canadian Centre for Management Development, established by subsection 3(1) of the Canadian Centre for Management Development Act, is continued as a corporation under the name of the Canada School of Public Service.

  • Marginal note:Principal office

    (2) The principal office of the School shall be in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note:Crown agent

    (3) The School is an agent of Her Majesty in right of Canada.

OBJECTS AND POWERS

Marginal note:Objects

4. The objects of the School are

  • (a) to encourage pride and excellence in the Public Service and to foster in managers and other Public Service employees a sense of the purposes, values and traditions of the Public Service;

  • (b) to help ensure that those managers have the analytical, creative, advisory, administrative and other managerial skills and knowledge necessary to develop and implement policy, respond to change, including changes in the social, cultural, racial and linguistic character of Canadian society, and manage government programs, services and personnel efficiently, effectively and equitably;

  • (c) to help managers and other Public Service employees to develop successful cooperative relationships at all levels through leadership, motivation, effective internal communications and the encouragement of innovation, high-quality service to the public and skills development;

  • (d) to develop within the Public Service and to attract to the Public Service, through the School’s programs and studies, persons who are of high calibre and who reflect the diversity of Canadian society, and to support their growth and development as public sector managers and employees committed to the service of Canada;

  • (e) to formulate and provide training, orientation and development programs for public sector managers and employees, particularly for those in the Public Service;

  • (f) to assist deputy heads in meeting the learning needs of their organization, including by way of delivering training and development programs;

  • (g) to study and conduct research into the theory and practice of public sector management and public administration; and

  • (h) to encourage a greater awareness in Canada of issues related to public sector management, public administration and the role and functions of government and to involve a broad range of individuals and institutions in the School’s pursuit of excellence in public administration.

Marginal note:2001, c. 4, s. 68(1)

  • 25. (1) The portion of section 5 of the Act before paragraph (b) is replaced by the following:

    Marginal note:Powers

    5. In carrying out its objects, the School has the capacity of a natural person and may

    • (a) acquire, manage, maintain, design and operate training, orientation and development programs for public sector managers and employees, particularly for those in the Public Service, and acquire personal and movable property;

  • (2) Paragraph 5(b) of the English version of the Act is replaced by the following:

    • (b) assist departments, boards and agencies of the Government of Canada through programs, studies and documentation developed at the School;

  • (3) Paragraph 5(d) of the Act is replaced by the following:

    • (d) contribute funds for the pursuit of research or other activities related to the theory and practice of public sector management and public administration;

  • (4) Paragraph 5(f) of the Act is replaced by the following:

    • (f) license, sell or otherwise make available any copyright, trade-mark or other similar property right held, controlled or administered by the School;

  • (5) Paragraph 5(g) of the English version of the Act is replaced by the following:

    • (g) enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the name of the School;

  • (6) Paragraph 5(i) of the English version of the Act is replaced by the following:

    • (i) do all things necessary or incidental to the attainment of the objects of the School.

26. Sections 6 and 7 of the Act are replaced by the following:

Marginal note:Government facilities

6. In carrying out its objects and exercising its powers, the School shall make use of any available services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the operation of the School.

ORGANIZATION

Marginal note:Board of Governors

7. The School shall have a Board of Governors composed of not more than fifteen governors, including a Chair and three ex officio governors.

27. Subsection 8(1) of the Act is replaced by the following:

Marginal note:Appointment

  • 8. (1) The governors of the School, other than the Chair and ex officio governors, shall be appointed by the Governor in Council to hold office during pleasure for terms not exceeding three years, their terms being staggered so that not more than one half of their terms will expire in any year.

28. Subsection 10(3) of the Act is replaced by the following:

  • Marginal note:Ex officio governors

    (3) The Secretary of the Treasury Board, the President of the Public Service Commission and the President of the School are ex officio governors.

29. Section 12 of the Act is replaced by the following:

Marginal note:Meetings

12. The Board is responsible for the conduct and management of the affairs of the School and shall meet at least twice during each fiscal year at the time and place determined by the Chair.

30. The headings before section 13 and sections 13 and 14 of the Act are replaced by the following:

OFFICERS AND EMPLOYEES

President

Marginal note:Appointment

  • 13. (1) The Governor in Council shall, after consultation by the Minister with the Board, appoint an officer, to be called the President of the School, to hold office for a term not exceeding five years, and the President has the rank and status of a deputy minister.

  • Marginal note:Chief executive officer

    (2) The President is the chief executive officer of the School and has supervision over and direction of the work and staff of the School.

  • Marginal note:Programs and studies

    (3) In exercising supervision over the School and direction of its programs, the President shall take into consideration the policies of the Government of Canada as well as the learning, training and development needs and priorities of the Public Service as determined by the Treasury Board.

  • Marginal note:Acting President

    (4) In the event of a vacancy in the office of President, the Board may appoint a senior officer of the School to act as President, but the term of such an appointment shall not exceed ninety days except with the approval of the Governor in Council.

Marginal note:Reappointment

14. On the expiration of any term of office, the President is eligible to be reappointed for a further term.

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