Parks Canada Agency Act (S.C. 1998, c. 31)

Transitional

Marginal note:Appropriation Act

37 The provisions made by any appropriation Act for the fiscal year in which this section comes into force or a subsequent fiscal year, based on the Estimates for that year, to defray the charges and expenses of the public service of Canada within the Parks Canada Sector of the Department of Canadian Heritage in relation to any matter for which the Agency is responsible by virtue of this Act are deemed to be an amount appropriated for defraying the charges and expenses of the Agency in the amount that the Treasury Board may, on the recommendation of the Minister, determine.

Marginal note:Definitions

38 The definitions in this section apply in sections 39 to 45.

designated position

designated position has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act. (poste désigné)

employee

employee means a person whose employment in the Department of Canadian Heritage is terminated under paragraph 11(2)(g.1) of the Financial Administration Act and who is appointed to the Agency following an offer of employment made by the Agency as a result of a transfer of any work, undertaking or business from the Department of Canadian Heritage to the Agency. (employé)

grievance

grievance has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act. (grief)

Marginal note:Pending competitions and appointments

39 A competition being conducted or an appointment being or about to be made under the Public Service Employment Act in respect of a position within the Department of Canadian Heritage the duties and functions of which are assigned to a position within the Agency, may continue to be conducted or made as if the Agency were a department for the purposes of that Act.

Marginal note:Pending appeals

• 40 (1) An appeal made under section 21 of the Public Service Employment Act by any person against an appointment to a position within the Department of Canadian Heritage the duties and functions of which are assigned to a position within the Agency, and not finally disposed of on the assignment, must be dealt with and disposed of in accordance with that Act as if the Agency were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act.

• Marginal note:Other recourse

  (2) Any recourse commenced by an employee under the Public Service Employment Act that has not been finally dealt with on the appointment of the employee to the Agency must be dealt with and disposed of in accordance with that Act as if the Agency were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act.

Marginal note:Employees on probation

• 41 (1) Every employee who was considered to be on probation under section 28 of the Public Service Employment Act immediately before being appointed to the Agency continues on probation with the Agency until the end of any period established by the Public Service Commission by regulation for that employee or a class of persons of which that employee is a member.

• Marginal note:Rejection

  (2) Subsection 28(2) of the Public Service Employment Act applies to an employee of the Agency who is on probation but the reference to deputy head in that subsection is to be read as a reference to the Chief Executive Officer.

Marginal note:Designated positions

42 If an employee, immediately before being appointed to the Agency, occupied a position that was a designated position in the Department of Canadian Heritage, that employee is, on appointment to the Agency, deemed to occupy a designated position in the Agency.

Marginal note:Pending grievances

• 43 (1) Any grievance commenced by an employee under the Public Service Staff Relations Act that has not been finally dealt with on the appointment of the employee to the Agency, must be dealt with and disposed of in accordance with that Act as if the employee’s employment in the Department of Canadian Heritage had not been terminated.

• Marginal note:Implementation of decision

  (2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of or payment of money to a person must be implemented by the Agency as soon as practicable.

Marginal note:Successor rights

44 For the purpose of section 48.1 of the Public Service Staff Relations Act, the Governor in Council may fix the date on which the Parks Canada Sector and any other portion of the Department of Canadian Heritage are deemed to be severed from the Department and to become a part of the Agency, and that date is to be used for the purposes of subsections 48.1(3), (6) and (7) of that Act.

45 [Repealed, 2000, c. 32, s. 60]

Consequential Amendments

46 to 61.01 [Amendments]

Conditional Amendment

61.1 [Amendment]

Coming into Force

Marginal note:Coming into force

Footnote ^*62 This Act or any of its provisions, or any provision of an Act enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act, other than sections 19 to 22, 51, 55, 56 and 61.01, in force December 21, 1998, sections 19 to 22, 51, 55, 56 and 61.01 in force April 1, 1999, see SI/99-4.]