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

Assented to 2003-11-07

124. Subsection 145(1) of the English version of the Act is replaced by the following:

Marginal note:Oil and Gas Committee

  • 145. (1) The Board may, for the purposes of this Act and 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.

125. Subsection 146(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.

126. Subsection 148(1) of the Act is replaced by the following:

Marginal note:Quorum

  • 148. (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.

R.S., c. O-7Canada Oil and Gas Operations Act

127. Subsection 9(1) of the English version of the Canada Oil and Gas Operations Act is replaced by the following:

Marginal note:Quorum

  • 9. (1) A majority of the members, including one member who is not an employee in the federal public administration, constitutes a quorum of the Committee.

Marginal note:1992, c. 35, s. 26

128. Subsection 28(1.1) of the Act is replaced by the following:

  • Marginal note:Mandatory inquiry

    (1.1) Where a spill or debris or an accident or incident related to any activity to which this Act applies occurs or is found in any area to which this Act applies and is serious, as defined by regulation, the Minister shall direct that an inquiry referred to in subsection (1) be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and shall ensure that the person who conducts the inquiry is not employed in a part of the federal public administration for which the Minister is responsible.

R.S., c. C-8Canada Pension Plan

Marginal note:1997, c. 40, s. 88

129. The definition “federal institution” in subsection 104(1) of the Canada Pension Plan is replaced by the following:

“federal institution”

« institution fédérale »

“federal institution” means a department or any other body referred to in Schedule I, I.1, II or III to the Financial Administration Act.

Marginal note:1995, c. 33, s. 44(3)

130. The portion of subsection 106(2) of the Act after paragraph (b) is replaced by the following:

may accept any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits.

R.S., c. 36 (2nd Supp.)Canada Petroleum Resources Act

131. Subsection 78(3) of the English version of the Canada Petroleum Resources Act is replaced by the following:

  • Marginal note:Selection of members from federal public administration and industry

    (3) Members of the Board are to be selected for appointment pursuant to subsection (2) from the federal public administration or the public service of any province or from among persons nominated by interest owners.

1991, c. 16; s. 22 of this ActCanada School of Public Service Act

132. The definition “Public Service” in section 2 of the English version of the Canada School of Public Service Act is replaced by the following:

“public service”

« fonction publique »

“public service” has the meaning given that expression in the Public Service Labour Relations Act.

Marginal note:Section 30 of this Act

132.1 Subsection 13(3) of the Act is replaced by the following:

  • Marginal note:Programs and studies

    (3) In exercising supervision over the School and direction of its programs, the President shall take into consideration the policies of the Government of Canada as well as the policies with respect to learning, training and development needs and priorities that are established by the Treasury Board under paragraph 11.1(1)(f) of the Financial Administration Act.

Marginal note:Subsection 31(2) of this Act

133. Subsections 15(3) and (4) of the English version of the Act are replaced by the following:

R.S., c. C-14Canadian Commercial Corporation Act

134. Section 14 of the English version of the Canadian Commercial Corporation Act is replaced by the following:

Marginal note:Former employee

  • 14. (1) Where a person who was an employee in the public service immediately before that person’s employment under this Act is retired from employment under this Act, that person may, in accordance with the Public Service Employment Act, be assigned to a position in the public service of the class from which that person was so retired or for which that person is qualified.

  • Marginal note:Employee benefits continued

    (2) A person employed under this Act, who immediately prior to that employment held a position in the public service or was an employee within the meaning of the Public Service Employment Act, continues to retain and is eligible for all the benefits, except salary as an employee in the public service, that that person would have been eligible to receive had that person remained an employee in the public service.

1997, c. 6Canadian Food Inspection Agency Act

135. Section 12 of the Canadian Food Inspection Agency Act is replaced by the following:

Marginal note:Separate agency

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

R.S., c. C-17Canadian Forces Superannuation Act

136. Clause 6(b)(ii)(A) of the English version of the Canadian Forces Superannuation Act is replaced by the following:

  • (A) 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 elects, within one year of becoming a contributor under this Act, to pay for that service, and any period of service with any board, commission, corporation in, or portion of, the federal public administration that is added to Schedule I to the Public Service Superannuation Act on or after March 1, 1960, during which he was employed on a full-time basis and was in receipt of salary, if he elects, within one year of such addition, to pay for that service,

R.S., c. H-6Canadian Human Rights Act

137. Section 38 of the English version of the Canadian Human Rights Act is replaced by the following:

Marginal note:Superannuation, etc.

38. The full-time members of the Commission 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.

2000, c. 6Canadian Institutes of Health Research Act

138. Paragraph 12(b) of the English version of the Canadian Institutes of Health Research Act is replaced by the following:

139. Subsection 17(2) of the Act is replaced by the following:

  • Marginal note:Right of employer

    (2) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply with respect to the CIHR and the Governing Council may

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

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

    • (c) provide for any other matters that the Governing Council considers necessary for effective human resources management in the CIHR.

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