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

Assented to 2003-11-07

PART 5TRANSITIONAL

Division 4Transitional Provisions Arising from the Amendments to the Canadian Centre for Management Development Act in Part 4

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

R.S., c. A-1Access to Information Act

88. The reference to “Public Service Staff Relations Board” under the heading “Other Government Institutions” in Schedule I to the Access to Information Act is replaced by a reference to “Public Service Labour Relations Board”.

R.S., c. A-2Aeronautics Act

Marginal note:R.S., c. 33 (1st Supp.), s. 1

89. Subsection 9(1) of the Aeronautics Act is replaced by the following:

Marginal note:Regulations establishing compensation payable for death or injury

  • 9. (1) The Governor in Council may make regulations establishing the compensation to be paid and the persons to whom and the manner in which such compensation shall be payable for the death or injury of any person employed in the federal public administration or employed under the direction of any department in the federal public administration that results directly from a flight undertaken by that person in the course of duty in the federal public administration.

R.S, c. A-17Auditor General Act

90. Subsection 13(1) of the English version of the Auditor General Act is replaced by the following:

Marginal note:Access to information

  • 13. (1) Except as provided by any other Act of Parliament that expressly refers to this subsection, the Auditor General is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and he or she is also entitled to require and receive from members of the federal public administration any information, reports and explanations that he or she considers necessary for that purpose.

91. Subsection 15(4) of the Act is repealed.

92. Section 16 of the Act is replaced by the following:

Marginal note:Responsibility for human resources management

16. The Auditor General is authorized, in respect of persons appointed in his or her office, to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraph 7(1)(e) and section 11.1 of the Financial Administration Act, as well as those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations.

Marginal note:Delegation

  • 16.1 (1) 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 in relation to human resources management.

  • Marginal note:Sub-delegation

    (2) Any person authorized under subsection (1) 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.

R.S., c. B-2Bank of Canada Act

93. Paragraph 6(4)(c) of the English version of the Bank of Canada Act is replaced by the following:

  • (c) is employed in any capacity in the federal public administration or the public service of a province or holds any office or position for which any salary or other remuneration is payable out of public moneys;

94. Paragraph 10(4)(b) of the English version of the Act is replaced by the following:

  • (b) is employed, on a full-time basis, in any capacity in the federal public administration or the public service of a province or holds any office or position, other than as a part-time member of any board or advisory body of an agency or department of the government of Canada or a province, for which any salary or other remuneration is payable out of public moneys, except that a director may perform temporary services for the government of Canada or a province for which that director may be reimbursed actual travel and living expenses; or

1999, c. 17Canada Customs and Revenue Agency Act

95. Paragraph 16(2)(c) of the English version of the Canada Customs and Revenue Agency Act is replaced by the following;

  • (c) is employed on a full-time basis in the federal public administration or the public service of a province or territory.

96. Paragraph 30(1)(d) of the Act is replaced by the following:

  • (d) human resources management, including the determination of the terms and conditions of employment of persons employed by the Agency.

97. Section 50 of the Act is replaced by the following:

Marginal note:Separate agency

50. The Agency is a separate agency under the Public Service Labour Relations Act.

98. The portion of subsection 51(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Human resources management

  • 51. (1) The Agency may, in the exercise of its responsibilities in relation to human resources management,

99. Subsection 58(1) of the Act is replaced by the following:

Marginal note:Authority to enter into collective agreements

  • 58. (1) Notwithstanding section 112 of the Public Service Labour Relations Act, the Agency has sole authority to enter into a collective agreement with the bargaining agent for a bargaining unit composed of Agency employees, applicable to employees in that bargaining unit.

2000, c. 9Canada Elections Act

100. Paragraph 11(b) of the Canada Elections Act is replaced by the following:

  • (b) an elector who is an employee in the federal public administration or the public service of a province and who is posted outside Canada;

101. Subsection 15(3) of the English version of the Act is replaced by the following:

102. Subsection 19(2) of the English version of the Act is replaced by the following:

103. Paragraph 222(2)(a) of the Act is replaced by the following:

  • (a) employed outside Canada in the federal public administration or the public service of a province;

R.S., c. C-5Canada Evidence Act

104. Subsections 26(1) to (3) of the English version of the Canada Evidence Act are replaced by the following:

Marginal note:Books kept in offices under Government of Canada

  • 26. (1) A copy of any entry in any book kept in any office or department of the Government of Canada, or in any commission, board or other branch in the federal public administration, shall be admitted as evidence of that entry, and of the matters, transactions and accounts therein recorded, if it is proved by the oath or affidavit of an officer of the office or department, commission, board or other branch in the federal public administration that the book was, at the time of the making of the entry, one of the ordinary books kept in the office, department, commission, board or other branch in the federal public administration, that the entry was made in the usual and ordinary course of business of the office, department, commission, board or other branch in the federal public administration and that the copy is a true copy thereof.

  • Marginal note:Proof of non-issue of licence or document

    (2) Where by any Act of Parliament or regulation made under an Act of Parliament provision is made for the issue by a department, commission, board or other branch in the federal public administration of a licence requisite to the doing or having of any act or thing or for the issue of any other document, an affidavit of an officer of the department, commission, board or other branch in the federal public administration, sworn before any commissioner or other person authorized to take affidavits, setting out that he or she has charge of the appropriate records and that after careful examination and search of those records he or she has been unable to find in any given case that any such licence or other document has been issued, shall be admitted in evidence as proof, in the absence of evidence to the contrary, that in that case no licence or other document has been issued.

  • Marginal note:Proof of mailing departmental matter

    (3) Where by any Act of Parliament or regulation made under an Act of Parliament provision is made for sending by mail any request for information, notice or demand by a department or other branch in the federal public administration, an affidavit of an officer of the department or other branch in the federal public administration, sworn before any commissioner or other person authorized to take affidavits, setting out that he or she has charge of the appropriate records, that he or she has a knowledge of the facts in the particular case, that the request, notice or demand was sent by registered letter on a named date to the person or firm to whom it was addressed (indicating that address) and that he or she identifies as exhibits attached to the affidavit the post office certificate of registration of the letter and a true copy of the request, notice or demand, shall, on production and proof of the post office receipt for the delivery of the registered letter to the addressee, be admitted in evidence as proof, in the absence of evidence to the contrary, of the sending and of the request, notice or demand.

Marginal note:2001, c. 41, s. 44

105. Item 11 of the schedule to the Act is replaced by the following:

  • 11. The Public Service Labour Relations Board established by section 12 of the Public Service Labour Relations Act, for the purposes of a grievance process under that Act with respect to an employee of the Canadian Security Intelligence Service, with the exception of any information provided to the board by the employee

R.S., c. G-10Canada Grain Act

106. Subsection 5(2) of the English version of the Canada Grain Act is replaced by the following:

R.S., c. L-2Canada Labour Code

107. Subsection 5(3) of the Canada Labour Code is replaced by the following:

  • Marginal note:Addition of name to Schedule

    (3) Where the Governor in Council excludes any corporation from the operation of this Part, the Governor in Council shall, by order, add the name of that corporation to Schedule IV or V to the Financial Administration Act.

Marginal note:1996, c. 18, s. 9

108. Subsection 47(1) of the Act is replaced by the following:

Marginal note:Where portion as federal business

  • 47. (1) Where the name of any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act is deleted and that portion of the federal public administration is established as or becomes a part of a corporation or business to which this Part applies, or where a portion of the federal public administration included in another portion of the federal public administration specified in those Schedules is severed from the portion in which it was included and established as or becomes a part of such a corporation or business,

    • (a) a collective agreement or arbitral award that applies to any employees in that portion of the federal public administration and that is in force at the time the portion of the federal public administration is established as or becomes a part of such a corporation or business continues in force, subject to subsections (3) to (7), until its term expires; and

    • (b) the Public Service Labour Relations Act applies in all respects to the interpretation and application of the collective agreement or arbitral award.

Marginal note:1996, c. 18, s. 9; 1998, c. 26, s. 23(F)

  • 109. (1) The portion of section 47.1 of the English version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Where notice to bargain collectively given prior to deletion

    47.1 Where, before the deletion or severance referred to in subsection 47(1), notice to bargain collectively has been given in respect of a collective agreement or arbitral award binding on employees of a corporation or business who, immediately before the deletion or severance, were part of the federal public administration,

  • Marginal note:1996, c. 18, s. 9

    (2) Paragraph 47.1(a) of the Act is replaced by the following:

    • (a) the terms and conditions of employment contained in a collective agreement or arbitral award that, by virtue of section 107 of the Public Service Labour Relations Act, are continued in force immediately before the date of the deletion or severance or that were last continued in force before that date, in respect of those employees shall continue or resume in force on and after that date and shall be observed by the corporation or business, as employer, the bargaining agent for those employees and those employees until the requirements of paragraphs 89(1)(a) to (d) have been met, unless the employer and the bargaining agent agree otherwise;

Marginal note:2000, c. 20, s. 4

110. Subsection 123(2) of the Act is replaced by the following:

  • Marginal note:Application to federal public administration

    (2) This Part applies to the federal public administration and to persons employed in the federal public administration to the extent provided for under Part 3 of the Public Service Labour Relations Act.

Marginal note:2000, c. 20, s. 15

111. Subsection 149(2) of the English version of the Act is replaced by the following:

  • Marginal note:Officers and senior officials, etc.

    (2) If a corporation or a department in, or other portion of, the federal public administration to which this Part applies commits an offence under this Part, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation or department in, or portion of, the federal public administration has been prosecuted or convicted:

    • (a) any officer, director, agent or mandatary of the corporation;

    • (b) any senior official in the department in, or portion of, the federal public administration; or

    • (c) any other person exercising managerial or supervisory functions in the corporation or department in, or portion of, the federal public administration.

Marginal note:1996, c. 18, s. 10

112. Paragraphs 189(2)(a) and (b) of the Act are replaced by the following:

  • (a) any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act that is deleted from one of those Schedules and that is established as or becomes a part of a corporation or any federal work, undertaking or business to which this Part applies; or

  • (b) a portion of the federal public administration included in a portion of the federal public administration so specified in one of those Schedules that is severed from the portion in which it was included and that is established as or becomes a part of such a corporation or federal work, undertaking or business.

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