Public Service Modernization Act (S.C. 2003, c. 22)
Full Document:
Assented to 2003-11-07
Marginal note:1996, c. 18, s. 9; 1998, c. 26, s. 23(F)
109. (1) The portion of section 47.1 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Where notice to bargain collectively given prior to deletion
47.1 Where, before the deletion or severance referred to in subsection 47(1), notice to bargain collectively has been given in respect of a collective agreement or arbitral award binding on employees of a corporation or business who, immediately before the deletion or severance, were part of the federal public administration,
Marginal note:1996, c. 18, s. 9
(2) Paragraph 47.1(a) of the Act is replaced by the following:
(a) the terms and conditions of employment contained in a collective agreement or arbitral award that, by virtue of section 107 of the Public Service Labour Relations Act, are continued in force immediately before the date of the deletion or severance or that were last continued in force before that date, in respect of those employees shall continue or resume in force on and after that date and shall be observed by the corporation or business, as employer, the bargaining agent for those employees and those employees until the requirements of paragraphs 89(1)(a) to (d) have been met, unless the employer and the bargaining agent agree otherwise;
Marginal note:2000, c. 20, s. 4
110. Subsection 123(2) of the Act is replaced by the following:
Marginal note:Application to federal public administration
(2) This Part applies to the federal public administration and to persons employed in the federal public administration to the extent provided for under Part 3 of the Public Service Labour Relations Act.
Marginal note:2000, c. 20, s. 15
111. Subsection 149(2) of the English version of the Act is replaced by the following:
Marginal note:Officers and senior officials, etc.
(2) If a corporation or a department in, or other portion of, the federal public administration to which this Part applies commits an offence under this Part, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation or department in, or portion of, the federal public administration has been prosecuted or convicted:
(a) any officer, director, agent or mandatary of the corporation;
(b) any senior official in the department in, or portion of, the federal public administration; or
(c) any other person exercising managerial or supervisory functions in the corporation or department in, or portion of, the federal public administration.
Marginal note:1996, c. 18, s. 10
112. Paragraphs 189(2)(a) and (b) of the Act are replaced by the following:
(a) any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act that is deleted from one of those Schedules and that is established as or becomes a part of a corporation or any federal work, undertaking or business to which this Part applies; or
(b) a portion of the federal public administration included in a portion of the federal public administration so specified in one of those Schedules that is severed from the portion in which it was included and that is established as or becomes a part of such a corporation or federal work, undertaking or business.
1998, c. 10Canada Marine Act
113. Paragraph 16(c) of the English version of the Canada Marine Act is replaced by the following:
(c) a Senator or a member of Parliament or an officer or employee of the federal public administration, including an officer or employee in a federal Crown corporation;
114. Subsection 136(2) of the Act is replaced by the following:
Marginal note:Government Employees Compensation Act
(2) For the purposes of the Government Employees Compensation Act, the employees referred to in subsection (1) are deemed to be employees in the federal public administration.
R.S., c. C-7Canada Mortgage and Housing Corporation Act
115. Subsection 6(6) of the English version of the Canada Mortgage and Housing Corporation Act is replaced by the following:
Marginal note:Substitute directors
(6) Where a director is a member of the federal public administration, the Governor in Council may authorize another member of the federal public administration to act as director in the director’s stead and that member of the federal public administration while so acting is deemed to be a director.
116. Paragraph 8(1)(d) of the English version of the Act is replaced by the following:
(d) 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 a salary is payable out of public moneys, but nothing in this paragraph prohibits such a person from holding office while performing temporary services for the Government of Canada or of a province.
1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act
117. The definition “Public Service of Canada” in subsection 11(2) of the English version of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:
“Public Service of Canada”
« administration fédérale »
“Public Service of Canada” has the meaning given the expression “public service” in the Public Service Labour Relations Act, and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of subsection (1) as part of the Public Service of Canada.
118. (1) Subsection 25(3) of the Act is replaced by the following:
Marginal note:Presumption
(3) Except as provided in subsection (4), every person employed pursuant to subsection (1) is deemed not to be employed in the federal public administration or the public service of the Province.
(2) Subsection 25(5) of the English version of the Act is replaced by the following:
Definition of “public service”
(5) In this section, “public service” has the same meaning as in the Public Service Labour Relations Act.
119. Subsection 141(1) of the English version of the Act is replaced by the following:
Marginal note:Oil and Gas Committee
141. (1) The Board may, for the purposes of this Part and Part III of the Provincial Act, establish a committee to be known as the Oil and Gas Committee, consisting of not more than five members, not more than three of whom may be employees in the federal public administration or the public service of the Province.
120. Subsection 142(4) of the Act is replaced by the following:
Marginal note:Remuneration
(4) The members of the Committee who are not employees in the federal public administration or the public service of the Province shall be paid such remuneration as may be authorized by the Board.
121. Subsection 144(1) of the Act is replaced by the following:
Marginal note:Quorum
144. (1) A majority of the members, including one member who is not an employee in the federal public administration or the public service of the Province, constitutes a quorum of the Committee.
1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
122. The definition “Public Service of Canada” in subsection 11(1) of the English version of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:
“Public Service of Canada”
« administration fédérale »
“Public Service of Canada” has the meaning given the expression “public service” in the Public Service Labour Relations Act, and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of this section as part of the Public Service of Canada.
123. (1) Subsection 26(3) of the Act is replaced by the following:
Marginal note:Presumption
(3) Except as provided in subsection (4), no person employed pursuant to subsection (1) shall, by virtue of that employment, be considered to be employed in the federal public administration or the public service of the Province.
(2) Subsection 26(5) of the English version of the Act is replaced by the following:
Definition of “public service”
(5) In this section, “public service” has the same meaning as in the Public Service Labour Relations Act.
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