Public Service Modernization Act (S.C. 2003, c. 22)
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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. P-36Public Service Superannuation Act
211. (1) Paragraph 42(1)(ii) of the English version of the Act is replaced by the following:
(ii) determining, for greater certainty, the portions of the federal public administration and the positions in the federal public administration that form or did form part of the public service or Civil Service, and providing for the amendment of Schedule I for that purpose by the addition to Part II or III of that Schedule of any of those portions;
(2) Paragraph 42(9)(b) of the English version of the Act is replaced by the following:
(b) providing, except in the case of a person who has ceased to be employed in the public service, for which case the regulations may otherwise provide, that this Part shall apply as though the period were a period of service in a portion of the federal public administration that was added to Schedule I on a day specified in the regulations.
212. The heading of Part II of Schedule I to the English version of the Act is replaced by the following:
Portions of the federal public administration declared for greater certainty to be part of the public service
213. The reference to “Public Service Staff Relations Board” in Part II of Schedule I to the Act is replaced by a reference to “Public Service Labour Relations Board”.
214. The heading of Part III of Schedule I to the English version of the Act is replaced by the following:
Boards, Commissions, Corporations and portions of the Federal Public Administration deemed to have formed part of the Public Service
R.S., c. S-21Publication of Statutes Act
215. Section 7 of the English version of the Publication of Statutes Act is replaced by the following:
Marginal note:Certified copies of Acts
7. The Clerk of the Parliaments shall furnish certified copies of any of the Acts mentioned in section 3 to any department of the federal public administration or the public service of any province or to any person applying for a copy, and on every certified copy shall, before delivering it, receive a fee of two dollars, in addition to the cost of the printed copy, if a printed copy is furnished, or in addition to a fee of ten cents for every hundred words in the copy, if the copy furnished is not printed.
R.S., c. R-10Royal Canadian Mounted Police Act
Marginal note:R.S., c. 8 (2nd Supp.), s. 16
216. Subsection 25(9) of the English version of the Royal Canadian Mounted Police Act is replaced by the following:
Marginal note:Benefits of full-time members
(9) The full-time members of the Committee are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Marginal note:R.S., c. 8 (2nd Supp.), s. 16
217. Subsection 45.29(12) of the English version of the Act is replaced by the following:
Marginal note:Benefits of full-time members
(12) The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
R.S., c. R-11Royal Canadian Mounted Police Superannuation Act
218. Clause 6(b)(ii)(G) of the English version of the Royal Canadian Mounted Police Superannuation Act is replaced by the following:
(G) any period of service during which he was employed in the public service on a full-time basis and was in receipt of salary, if he or she elects, within one year of becoming a contributor under this Part, to pay for that service, and any period of service with any board, commission, corporation or portion of the federal public administration that is added to Schedule I to the Public Service Superannuation Act after April 1, 1960, during which he or she was employed on a full-time basis and was in receipt of salary, if he or she elects, within one year of such addition, to pay for that service,
1997, c. 37Saguenay-St. Lawrence Marine Park Act
219. Paragraph 23(4)(b) of the English version of the Saguenay-St. Lawrence Marine Park Act is replaced by the following:
(b) anything seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, is forfeited to Her Majesty in right of Canada or in right of Quebec, depending on whether the peace officer, park warden or enforcement officer who completed the ticket is a member of the federal public administration or the public service of Quebec.
1992, c. 33Status of the Artist Act
220. Paragraph 9(3)(a) of the English version of the Status of the Artist Act is replaced by the following:
(a) employees, within the meaning of the Public Service Labour Relations Act, including those determined to be employees by the Public Service Labour Relations Board, and members of a bargaining unit that is certified by that Board; or
221. Subsection 12(2) of the English version of the Act is replaced by the following:
Marginal note:Members deemed public servants
(2) The full-time members of the Tribunal are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act.
R.S., c. W-3War Veterans Allowance Act
Marginal note:2000, c. 34, s. 82
222. Paragraph 29(3)(a) of the War Veterans Allowance 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
Terminology Changes
Marginal note:Replacement of “Public Service Staff Relations Act”
223. Every reference to the Public Service Staff Relations Act is replaced by a reference to the Public Service Labour Relations Act in the English version of the following provisions:
(a) paragraph 47.1(b) of the Canada Labour Code;
(b) section 138 of the Canada Marine Act;
(c) subsection 16(3) of the Canadian Space Agency Act;
(d) subsection 13(2) of the Parks Canada Agency Act; and
(e) subsection 49(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
Marginal note:Replacement of “public service of Canada”
224. The expression “public service of Canada” is replaced by the expression “federal public administration” wherever it occurs in the English version of the following provisions:
(a) subsections 55(4) and 57(4) of the Access to Information Act;
(b) subsection 2(3) of the Airport Transfer (Miscellaneous Matters) Act;
(c) section 27 of the Asia-Pacific Foundation of Canada Act;
(d) section 12 of the Auditor General Act;
(e) subsection 17(2) of the British Columbia Treaty Commission Act;
(f) subsection 17(4) of the Budget Implementation Act, 1997;
(g) subsection 16(4) of the Budget Implementation Act, 1998;
(h) subsections 5(2) and 13(1) of the Business Development Bank of Canada Act;
(i) subsections 4.2(1) and 6(4) and paragraph 7(a) of the Canada Agricultural Products Act;
(j) section 12 of the Canada Council for the Arts Act;
(k) sections 21 and 66 of the Canada Customs and Revenue Agency Act;
(l) paragraph 5(1.1)(a) and subsections 44(1) and 45(2) of the Canada Deposit Insurance Corporation Act;
(m) subsection 17(4) of the Canada Foundation for Sustainable Development Technology Act;
(n) subsections 21(1) to (3), paragraphs 22(a) and 35(2)(b) and (3)(b), subsection 36(2) and paragraph 37(a) of the Canada Grain Act;
(o) section 12.05, subsections 47(3) and (6), sections 47.2, 116 and 119, subsection 120(1), paragraph 120(2)(c) and subsection 120(3) of the Canada Labour Code;
(p) subsection 6(7), the portion of subsection 8(1) before paragraph (a) and subsections 8(2) and (3) of the Canada Mortgage and Housing Corporation Act;
(q) section 19 and subsection 23(2) of the Canada National Parks Act;
(r) subsections 6(1) and 7(3) and (4) of the Canada Oil and Gas Operations Act;
(s) subsection 3(3) of the Canada Pension Plan Investment Board Act;
(t) subsections 6(5) and 13(1), (3) and (4) of the Canada Post Corporation Act;
(u) subsection 529(3) and section 532 of the Canada Shipping Act;
(v) subsection 10(5), paragraph 27(4)(a) and subsection 126(2) of the Canada Shipping Act, 2001;
(w) subsections 12(3) and 157.1(2) of the Canada Transportation Act;
(x) subsection 16(1) of the Canada Water Act;
(y) paragraph 11.3(2)(a) and subparagraph 19(4)(b)(i) of the Canada Wildlife Act;
(z) section 19 of the Canadian Association of Former Parliamentarians Act;
(z.1) subsections 23(1) and (3) of the Canadian Centre for Occupational Health and Safety Act;
(z.2) section 26 of the Canadian Centre on Substance Abuse Act;
(z.3) subsection 3.1(2) of the Canadian Commercial Corporation Act;
(z.4) section 16 of the Canadian Food Inspection Agency Act;
(z.5) subsection 17(1) of the Canadian Heritage Languages Institute Act;
(z.6) subsections 28(1) and 48.6(3) of the Canadian Human Rights Act;
(z.7) paragraph 13(b), subsection 22(2) and section 28 of the Canadian Institutes of Health Research Act;
(z.8) subsection 45(1) and section 49 of the Canadian International Trade Tribunal Act;
(z.9) subsection 6(3) of the Canadian Polar Commission Act;
(z.10) subsection 17(2) of the Canadian Race Relations Foundation Act;
(z.11) subsection 9(2) of the Canadian Radio-television and Telecommunications Commission Act;
(z.12) paragraphs 19(2)(d) and 29(e) of the Canadian Security Intelligence Service Act;
(z.13) section 25 of the Canadian Tourism Commission Act;
(z.14) subsection 4(9) of the Canadian Transportation Accident Investigation and Safety Board Act;
(z.15) subsection 30(2) of the Cape Breton Development Corporation Act;
(z.16) the definition “National Authority” in subsection 2(1), subsection 3(1) and paragraph 11(a) of the Chemical Weapons Convention Implementation Act;
(z.17) section 5 of the Civil Service Insurance Act;
(z.18) subsection 104.1(15) of the Competition Act;
(z.19) subsection 6(3) of the Competition Tribunal Act;
(z.20) paragraph 66(7)(b) of the Copyright Act;
(z.21) subsection 163(3) of the Corrections and Conditional Release Act;
(z.22) subsection 162(3) of the Cree-Naskapi (of Quebec) Act;
(z.23) paragraph 117.07(2)(g) of the Criminal Code;
(z.24) section 9 of the Department of Foreign Affairs and International Trade Act;
(z.25) subsections 14(2) and 19(2) of the Department of Human Resources Development Act;
(z.26) subsection 16(2) of the Department of Industry Act;
(z.27) paragraph 7(1)(a) and section 12 of the Department of Public Works and Government Services Act;
(z.28) section 6.8 of the Department of Veterans Affairs Act;
(z.29) section 8 of the Diplomatic Service (Special) Superannuation Act;
(z.30) section 12 of the Electoral Boundaries Readjustment Act;
(z.31) section 43 of the Employment Equity Act;
(z.32) subsection 8(1) of the Energy Supplies Emergency Act;
(z.33) subsection 41(2) of the Enterprise Cape Breton Corporation Act;
(z.34) section 5 and subsection 9(1) of the Export Development Act;
(z.35) subsection 5(1) and section 26 of the Farm Products Agencies Act;
(z.36) paragraph (b) of the definition “department” in section 2 of the Federal Real Property and Federal Immovables Act;
(z.37) paragraph (a.1) of the definition “appropriate Minister”, paragraph (a.1) of the definition “department” and the definition “public officer” in section 2, paragraph 3(1)(a), subsections 3(1.1) to (1.3), paragraphs 7(1)(a) and (b) and 10(b) and (f), section 28, subsections 30(4) and 34(1), the heading of column I in Schedule I.1 and the reference to “Registrar of the Supreme Court of Canada and that portion of the public service of Canada appointed under subsection 12(2) of the Supreme Court Act” in column I of Schedule I.1 to the Financial Administration Act;
(z.38) subparagraph 85(1)(a)(iii) and clause 117(l)(i)(C) of the Firearms Act;
(z.39) subsection 10(2) and section 11 of the Freshwater Fish Marketing Act;
(z.40) subsection 5(6) of the Government Corporations Operation Act;
(z.41) section 16 of the Government Employees Compensation Act;
(z.42) subsections 23(2) and (5) of the International Centre for Human Rights and Democratic Development Act;
(z.43) the definition “public officer” in subsection 2(1) of the Interpretation Act;
(z.44) subsections 26.1(10), 26.2(2), 75(2) and 76(5) and section 78 of the Judges Act;
(z.45) section 78 of the Judges Act, as enacted by section 110 of the Courts Administration Services Act;
(z.46) subsection 6(6) of the Labour Adjustment Benefits Act;
(z.47) section 17 of the Law Commission of Canada Act;
(z.48) section 19 of the Mackenzie Valley Resource Management Act;
(z.49) paragraph 9(2)(a) and subparagraph 19(4)(b)(i) of the Migratory Birds Convention Act, 1994;
(z.50) section 2, subsections 11(1) and (2) and section 12 of the Ministries and Ministers of State Act;
(z.51) subsections 24(2) and (5) of the Museums Act;
(z.52) subsection 3(1) of the National Archives of Canada Act;
(z.53) subsection 13(2) and section 14 of the National Arts Centre Act;
(z.54) paragraph (a.1) of the definition “department” in section 2 of the National Capital Act;
(z.55) paragraphs 29.16(9)(c), 250.1(10)(c) and 271(1)(a) to (c) and subsection 273.62(1) of the National Defence Act;
(z.56) subsection 9(5) of the National Energy Board Act;
(z.57) section 6 of the National Film Act;
(z.58) section 21 of the National Round Table on the Environment and the Economy Act;
(z.59) subsections 12(4) and 19(1) of the Northern Pipeline Act;
(z.60) section 11 of the Northwest Territories Waters Act;
(z.61) subsection 16(3) of the Nuclear Safety and Control Act;
(z.62) subsection 64(3) of the Nunavut Act;
(z.63) paragraph 39.3(2)(a) and subparagraph 39.12(4)(b)(i) of the Oceans Act;
(z.64) section 9 of the Parks Canada Agency Act;
(z.65) subsection 41(2) of the Parliament of Canada Act;
(z.66) section 53 of the Parliamentary Employment and Staff Relations Act;
(z.67) paragraph (a.1) of the definition “department” in subsection 2(1) and subsection 11.1(5) of the Payments in Lieu of Taxes Act;
(z.68) paragraphs 75(1)(b) and 109(2)(c) and section 109.3 of the Pension Act;
(z.69) subsection 16(2) of the Pilotage Act;
(z.70) sections 44 and 67 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
(z.71) section 3 of the Public Officers Act;
(z.72) subsection 3(3) of the Public Sector Pension Investment Board Act;
(z.73) the long title of the Public Service Rearrangement and Transfer of Duties Act;
(z.74) clause 6(1)(b)(iii)(H) of the Public Service Superannuation Act;
(z.75) subsection 18(1) of the Royal Canadian Mint Act;
(z.76) the definition “department” in subsection 8(1), paragraph (a) of the definition “person permanently bound to secrecy” in subsection 8(1) and section 9 of the Security of Information Act;
(z.77) subsection 84(1) and section 88.1 of the Special Import Measures Act;
(z.78) paragraph 3(a), subsection 9(4), section 16 and subsections 17(2) and (3) of the Standards Council of Canada Act;
(z.79) subsection 5(2) of the Statistics Act;
(z.80) section 63 of the Status of the Artist Act;
(z.81) paragraph 39(3)(b) of the Telecommunications Act;
(z.82) section 6 of the Telefilm Canada Act;
(z.83) subsection 7(3) of the Transportation Appeal Tribunal of Canada Act;
(z.84) subsection 11(1) of the Veterans Review and Appeal Board Act;
(z.85) section 36.1 of the War Veterans Allowance Act;
(z.86) subsection 15(3) of the Yukon Surface Rights Board Act; and
(z.87) section 11 of the Yukon Waters Act.
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