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

Assented to 2003-11-07

PART 2

AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT

Marginal note:R.S., c. F-11

3. Section 3 of the Financial Administration Act is amended by adding the following after subsection (6):

  • Marginal note:Addition to Schedule IV or V

    (7) The Governor in Council may, by order, add to Schedule IV or V the name of any portion of the federal public administration

    • (a) to which Part I of the Canada Labour Code does not apply; and

    • (b) in respect of which a minister of the Crown, the Treasury Board or the Governor in Council is authorized to establish or approve terms and conditions of employment.

  • Marginal note:Transfers between Schedules IV and V

    (8) The Governor in Council may, by order, delete the name of any portion of the federal public administration named in Schedule IV or V, in which case the Governor in Council must add the name of that portion to the other one of those two schedules, but the Governor in Council need not do so if that portion

    • (a) no longer has any employees; or

    • (b) is a corporation that has been excluded from the operation of Part I of the Canada Labour Code.

  • Marginal note:Application of Canada Labour Code

    (9) The exclusion of a corporation from the operation of Part I of the Canada Labour Code ceases to have effect if the corporation’s name is deleted from Schedule IV or V without a corresponding addition to the other one of those two schedules.

4. The Act is amended by adding the following before section 5:

Establishment
Marginal note:1991, c. 24, s. 50 (Sch. II, s. 2) (F)

5. Section 6 of the Act is replaced by the following:

Public Officers

Marginal note:Duties of President

  • 6. (1) The President of the Treasury Board holds office during pleasure and presides over meetings of the Treasury Board.

  • Marginal note:Secretary of the Treasury Board

    (2) The Governor in Council may appoint an officer called the Secretary of the Treasury Board to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department.

  • Marginal note:Comptroller General of Canada

    (3) The Governor in Council may appoint an officer called the Comptroller General of Canada to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department.

  • Marginal note:Delegation

    (4) The Treasury Board may delegate to the President of the Treasury Board, to the Secretary of the Treasury Board, to the Comptroller General of Canada or to the deputy head or chief executive officer of any portion of the federal public administration any of the powers or functions it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council. It may make the delegation subject to any terms and conditions that it considers appropriate.

  • Marginal note:Exception

    (5) Subsection (4) does not apply in respect of the Treasury Board’s power to delegate under that subsection or to its power to make regulations.

  • Marginal note:Sub-delegation

    (6) Any person to whom powers or functions are delegated under subsection (4) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any person under their jurisdiction.

  • Marginal note:Officers and employees

    (7) The other officers and employees that are necessary for the proper conduct of the business of the Treasury Board are to be appointed in the manner authorized by the Public Service Employment Act.