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

Assented to 2003-11-07

191. Section 51 of the Act is replaced by the following:

Marginal note:Authority to provide services

51. When a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to another department in or portion of the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Centre if it considers it appropriate to do so.

Marginal note:R.S., c. P-33

Public Service Employment Act

192. The long title of the Public Service Employment Act is replaced by the following:

An Act respecting employment in the public service

  • 193. (1) The definition “department” in subsection 2(1) of the Act is replaced by the following:

    “department”

    « ministère »

    “department” means

    • (a) a department named in Schedule I to the Financial Administration Act,

    • (b) any other portion of the federal public administration named in Schedule IV or V to that Act that is designated by the Governor in Council as a department for the purposes of this Act, and

    • (c) any part of a portion of the federal public administration named in Schedule I, IV or V to that Act that is designated by the Governor in Council as a department for the purposes of this Act;

  • (2) Paragraphs (b) and (c) of the definition “deputy head” in subsection 2(1) of the Act are replaced by the following:

    • (b) in relation to any portion or part of a portion of the federal public administration designated under the definition “department”, the person that the Governor in Council may designate as the deputy head for the purposes of this Act, and

    • (c) in relation to any portion of the federal public administration named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive right and authority to appoint persons, its chief executive officer or, if there is no chief executive officer, the person that the Governor in Council may designate as the deputy head for the purposes of this Act;

  • (3) The definition “Public Service” in subsection 2(1) of the English version of the Act is replaced by the following:

    “public service”

    « fonction publique »

    “public service” has the same meaning as in the Public Service Labour Relations Act.

  • Marginal note:1992, c. 54, s. 2(3)

    (4) Subsection 2(2) of the English version of the Act is replaced by the following:

    • Marginal note:Presumption

      (2) For the purpose of being eligible to enter competitions and for the purposes of section 11, persons not otherwise employed in the public service who are employees in any portion of the federal public administration designated pursuant to subsection 37(2) are deemed to be persons employed in the public service.

  • (5) Subsection 2(3) of the Act is replaced by the following:

    • Marginal note:References

      (3) Unless the context otherwise requires,

      • (a) a reference in this Act to a deputy head in relation to an employee shall be construed as a reference to the deputy head of the department or the deputy head in relation to the portion of the federal public administration named in Schedule IV or V to the Financial Administration Act, as the case may be, in which the employee is employed; and

      • (b) a reference in this Act to a deputy head in relation to a department or other portion of the federal public administration named in Schedule IV or V to the Financial Administration Act is to be construed as a reference to the deputy head of that department or the deputy head in relation to that portion of the federal public administration, as the case may be, to which the context extends.

  • Marginal note:1992, c. 54, s. 2(4)

    (6) Subsection 2(5) of the Act is replaced by the following:

    • Marginal note:References

      (5) A reference in subsection (4), section 5.1, subsections 12(5), 17(1.1), 34.2(1) and 34.3(1) and (3) and section 37.1 to the Treasury Board or the public service shall, in the case of any portion of the federal public administration named in Schedule V to the Financial Administration Act for which appointments are made in accordance with this Act, be construed, respectively, as a reference to the separate agency concerned within the meaning of that Act and as a reference to that portion of the federal public administration.