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

• (c) is employed in any capacity in the federal public administration or the public service of a province or holds any office or position for which any salary or other remuneration is payable out of public moneys;

• (b) is employed, on a full-time basis, in any capacity in the federal public administration or the public service of a province or holds any office or position, other than as a part-time member of any board or advisory body of an agency or department of the government of Canada or a province, for which any salary or other remuneration is payable out of public moneys, except that a director may perform temporary services for the government of Canada or a province for which that director may be reimbursed actual travel and living expenses; or

• (c) is employed on a full-time basis in the federal public administration or the public service of a province or territory.

• (d) human resources management, including the determination of the terms and conditions of employment of persons employed by the Agency.

Marginal note:Separate agency

50. The Agency is a separate agency under the Public Service Labour Relations Act.

Marginal note:Human resources management

• 51. (1) The Agency may, in the exercise of its responsibilities in relation to human resources management,

Marginal note:Authority to enter into collective agreements

• 58. (1) Notwithstanding section 112 of the Public Service Labour Relations Act, the Agency has sole authority to enter into a collective agreement with the bargaining agent for a bargaining unit composed of Agency employees, applicable to employees in that bargaining unit.

• (b) an elector who is an employee in the federal public administration or the public service of a province and who is posted outside Canada;

• Marginal note:Superannuation and compensation

  (3) The Chief Electoral Officer is 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:Superannuation and compensation

  (2) The Assistant Chief Electoral Officer is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and is deemed 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.

• (a) employed outside Canada in the federal public administration or the public service of a province;

Marginal note:Books kept in offices under Government of Canada

• 26. (1) A copy of any entry in any book kept in any office or department of the Government of Canada, or in any commission, board or other branch in the federal public administration, shall be admitted as evidence of that entry, and of the matters, transactions and accounts therein recorded, if it is proved by the oath or affidavit of an officer of the office or department, commission, board or other branch in the federal public administration that the book was, at the time of the making of the entry, one of the ordinary books kept in the office, department, commission, board or other branch in the federal public administration, that the entry was made in the usual and ordinary course of business of the office, department, commission, board or other branch in the federal public administration and that the copy is a true copy thereof.

• Marginal note:Proof of non-issue of licence or document

  (2) Where by any Act of Parliament or regulation made under an Act of Parliament provision is made for the issue by a department, commission, board or other branch in the federal public administration of a licence requisite to the doing or having of any act or thing or for the issue of any other document, an affidavit of an officer of the department, commission, board or other branch in the federal public administration, sworn before any commissioner or other person authorized to take affidavits, setting out that he or she has charge of the appropriate records and that after careful examination and search of those records he or she has been unable to find in any given case that any such licence or other document has been issued, shall be admitted in evidence as proof, in the absence of evidence to the contrary, that in that case no licence or other document has been issued.

• Marginal note:Proof of mailing departmental matter

  (3) Where by any Act of Parliament or regulation made under an Act of Parliament provision is made for sending by mail any request for information, notice or demand by a department or other branch in the federal public administration, an affidavit of an officer of the department or other branch in the federal public administration, sworn before any commissioner or other person authorized to take affidavits, setting out that he or she has charge of the appropriate records, that he or she has a knowledge of the facts in the particular case, that the request, notice or demand was sent by registered letter on a named date to the person or firm to whom it was addressed (indicating that address) and that he or she identifies as exhibits attached to the affidavit the post office certificate of registration of the letter and a true copy of the request, notice or demand, shall, on production and proof of the post office receipt for the delivery of the registered letter to the addressee, be admitted in evidence as proof, in the absence of evidence to the contrary, of the sending and of the request, notice or demand.

• 11. The Public Service Labour Relations Board established by section 12 of the Public Service Labour Relations Act, for the purposes of a grievance process under that Act with respect to an employee of the Canadian Security Intelligence Service, with the exception of any information provided to the board by the employee

• Marginal note:Superannuation and compensation

  (2) The commissioners are deemed to be persons 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:Addition of name to Schedule

  (3) Where the Governor in Council excludes any corporation from the operation of this Part, the Governor in Council shall, by order, add the name of that corporation to Schedule IV or V to the Financial Administration Act.

Marginal note:Where portion as federal business

• 47. (1) Where the name of any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act is deleted and that portion of the federal public administration is established as or becomes a part of a corporation or business to which this Part applies, or where a portion of the federal public administration included in another portion of the federal public administration specified in those Schedules is severed from the portion in which it was included and established as or becomes a part of such a corporation or business,

  • (a) a collective agreement or arbitral award that applies to any employees in that portion of the federal public administration and that is in force at the time the portion of the federal public administration is established as or becomes a part of such a corporation or business continues in force, subject to subsections (3) to (7), until its term expires; and

  • (b) the Public Service Labour Relations Act applies in all respects to the interpretation and application of the collective agreement or arbitral award.