Public Service Modernization Act (S.C. 2003, c. 22)
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Assented to 2003-11-07
2002, c. 8Courts Administration Service Act
156. Section 3 of the English version of the Courts Administration Service Act is replaced by the following:
Marginal note:Establishment of Service
3. The Courts Administration Service (in this Act referred to as the “Service”), consisting of the Chief Administrator of the Service and employees of the Service, is hereby established as a portion of the federal public administration.
157. Subsection 6(2) of the English version of the Act is replaced by the following:
Marginal note:Compensation
(2) The Chief Administrator is deemed to be a person 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. D-1Defence Production Act
158. Subsection 10(1) of the English version of the Defence Production Act is replaced by the following:
Marginal note:Powers relating to all departments
10. (1) Subject to this Act, the Minister may exercise the powers conferred by this Act on the Minister in relation to defence supplies or defence projects required for the purposes of any department in, or portion of, the federal public administration.
Marginal note:2000, c. 31, s. 5
159. Paragraph 36(a) of the English version of the Act is replaced by the following:
(a) occupies a position in the federal public administration, including a position in a federal Crown corporation, or is employed by Her Majesty in right of a province, who acts in good faith in the course of their duties and employment; or
1996, c. 11Department of Human Resources Development Act
160. Paragraph 24(1)(d) of the Department of Human Resources Development Act is replaced by the following:
(d) is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and a person 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; and
R.S., c. V-1; 2000, c. 34, par. 95(a)(F)Department of Veterans Affairs Act
Marginal note:2000, c. 34, s. 14
161. Paragraph 6(2)(a) of the Department of Veterans Affairs 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. D-2Diplomatic Service (Special) Superannuation Act
162. Subsection 7(1) of the English version of the Diplomatic Service (Special) Superannuation Act is replaced by the following:
Marginal note:Service prior to Public Office
7. (1) A person who immediately prior to his appointment to a Public Office was employed in the federal public administration and was in receipt of a salary for that employment but was not a contributor under the Civil Service Superannuation Act or the Public Service Superannuation Act, or who immediately prior to his appointment to a Public Office was a judge of a superior, district or county court in Canada, may, for the purposes of this Act, count the whole or any part of his service in the federal public administration or as a judge, in this section called “prior service”, as service in a Public Office, if within one year after his appointment to the Public Office that person elects to contribute under this Act in respect of that prior service.
1995, c. 44Employment Equity Act
163. (1) Paragraphs 4(1)(b) and (c) of the Employment Equity Act are replaced by the following:
(b) the portions of the federal public administration set out in Schedule I or IV to the Financial Administration Act;
(c) the portions of the federal public administration set out in of Schedule V to the Financial Administration Act that employ one hundred or more employees; and
(2) Paragraphs 4(2)(b) and (c) of the Act are replaced by the following:
(b) the Royal Canadian Mounted Police is deemed not to be included in Schedule IV to the Financial Administration Act; and
(c) civilian employees appointed or employed in accordance with section 10 of the Royal Canadian Mounted Police Act are deemed to be included in Schedule IV to the Financial Administration Act.
(3) Subsection 4(4) of the Act is replaced by the following:
Marginal note:Responsibilities of Treasury Board and Public Service Commission
(4) The Treasury Board and the Public Service Commission, each acting within the scope of its powers, duties and functions under the Financial Administration Act and the Public Service Employment Act, are responsible for carrying out the obligations of an employer under this Act in relation to employees employed in those portions of the federal public administration referred to in paragraph (1)(b).
(4) Subsection 4(7) of the English version of the Act is replaced by the following:
Marginal note:Delegation by Treasury Board and Public Service Commission
(7) The Treasury Board and the Public Service Commission may, for the purpose of carrying out their obligations under this Act in relation to a portion of the federal public administration or other portion of the public sector referred to in subsection (1), authorize the chief executive officer or deputy head concerned to exercise, in relation to that portion, any of the powers and perform any of the functions of the Treasury Board or the Public Service Commission, as the case may be, referred to in this section.
164. Paragraph 8(4)(b) of the Act is replaced by the following:
(b) workforce adjustment measures established by the Treasury Board, including measures set out in agreements relating to workforce adjustment, or by the Public Service Commission or any other portion of the public sector referred to in paragraphs 4(1)(c) and (d).
165. (1) Subsection 21(1) of the Act is replaced by the following:
Marginal note:Report of Treasury Board
21. (1) The President of the Treasury Board shall, in each fiscal year, cause to be laid before each House of Parliament a report in respect of the state of employment equity in the portions of the federal public administration referred to in paragraph 4(1)(b) during the immediately preceding fiscal year.
(2) Subparagraphs 21(2)(a)(i) and (ii) of the English version of the Act are replaced by the following:
(i) the number of employees employed in each portion of the federal public administration referred to in paragraph 4(1)(b) and the number of persons who are members of each designated group so employed,
(ii) the total number of employees employed in all portions of the federal public administration referred to in paragraph 4(1)(b) in each province and in the National Capital Region and the number of persons who are members of each designated group so employed,
R.S., c. F-4; 1993, c. 3, s. 2Farm Products Agencies Act
166. Section 14 of the English version of the Farm Products Agencies Act is replaced by the following:
Marginal note:Superannuation
14. Any member of the Council who, under the terms of his appointment, is required to devote the whole of his time to the performance of his duties as a member 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.
R.S., c. F-7Federal Court Act
Marginal note:1990, c. 8, s. 8
167. Paragraph 28(1)(i) of the English version of the Federal Court Act is replaced by the following:
(i) the Public Service Labour Relations Board established by the Public Service Labour Relations Act;
R.S., c. F-11Financial Administration Act
168. The reference to “Public Service Staff Relations Board” in column I of Schedule I.1 to the Financial Administration Act is replaced by a reference to “Public Service Labour Relations Board”.
2001, c. 9Financial Consumer Agency of Canada Act
169. Subsection 4(7) of the English version of the Financial Consumer Agency of Canada Act is replaced by the following:
Marginal note:Deemed employment
(7) The Commissioner and any person appointed under subsection (4) 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.
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