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

Assented to 2003-11-07

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. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

183. The headings before section 9 of the English version of the Act are replaced by the following:

Division IPublic Service Labour Relations Board

Public Service Labour Relations Act Provisions

184. The portion of section 9 of the Act before paragraph (a) is replaced by the following:

Marginal note:Application of Public Service Labour Relations Act

9. Unless otherwise provided in this Part, the provisions the Public Service Labour Relations Act respecting the Public Service Labour Relations Board apply also in respect of this Part except that, for the purpose of that application,

185. Section 11 of the Act is replaced by the following:

Marginal note:Delegation by Board

  • 11. (1) The Board may authorize the Chairperson to exercise any of its powers or perform any of its functions, other than the power to make regulations of general application under section 12.

  • Marginal note:Delegation by Chairperson

    (2) The Chairperson may authorize a Vice-Chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s functions, including powers or functions delegated to the Chairperson by the Board.

Marginal note:1999, c. 26, s. 18

186. Section 53.1 of the Act is repealed.

Marginal note:Replacement of “Chairman”

  • 187. (1) The English version of the Act is amended by replacing every reference to “Chairman” with a reference to “Chairperson” in the following provisions:

    • (a) the definition “conciliator” in section 3;

    • (b) sections 40 and 41;

    • (c) subsection 49(1); and

    • (d) paragraph 66(3)(b).

  • Marginal note:Replacement of “chairman”

    (2) The English version of the Act is amended by replacing every reference to “chairman” with a reference to “chairperson” in paragraph 65(1)(a) and subsection 68(3).

R.S., c. P-6Pension Act

Marginal note:2000, c. 34, s. 39

188. Paragraph 87(3)(a) of the Pension Act is replaced by the following:

  • (a) a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act, or

R.S., c. P-21Privacy Act

189. The reference to “Public Service Staff Relations Board” in the schedule to the Privacy Act is replaced by a reference to “Public Service Labour Relations Board”.

2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

190. Subsection 49(3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

  • Marginal note:Human resources management

    (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply to the Centre, and the Director may

    • (a) determine the organization of and classify the positions in the Centre;

    • (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign to them their duties;

    • (c) notwithstanding section 112 of the Public Service Labour Relations Act, in accordance with the mandate approved by the Treasury Board, fix the remuneration of the employees of the Centre; and

    • (d) provide for any other matters that the Director considers necessary for effective human resources management in the Centre.

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.

R.S., c. P-33Public 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.

194. Subsection 6(6) of the Act is replaced by the following:

  • Marginal note:Acting deputy head

    (6) In the absence of the deputy head, the person designated by the deputy head to act in his or her absence or, if no person has been so designated or there is no deputy head, the person designated by the person who under the Financial Administration Act is the appropriate Minister with respect to the department in, or other portion of, the federal public administration named in Schedule IV or V to that Act, or any other person that may be designated by the Governor in Council, has the powers, functions and duties of the deputy head.

Marginal note:1992, c. 54, s. 11; 1999, c. 31, s. 182(E)

195. Subsection 12(5) of the English version of the Act is replaced by the following:

  • Marginal note:Consultation

    (5) The Commission shall, on request or where, in the opinion of the Commission, consultation is necessary or desirable, consult with representatives of the Treasury Board or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act with respect to the standards that may be established by the Commission under subsection (1) or the principles governing promotion, lay-off or priorities of entitlement to appointment.

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