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

Assented to 2003-11-07

 Subsections 11(1) and (2) of the Act are replaced by the following:

Marginal note:Responsibility for human resources management
  • 11. (1) In respect of persons appointed under sections 8 and 10, the Commissioner is authorized to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraphs 7(1)(b) and (e) and section 11.1 of the Financial Administration Act, and those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations.

  • Marginal note:Delegation of powers

    (2) The Commissioner may authorize any person employed in the federal public administration to exercise and perform, in any manner and subject to any terms and conditions that the Commissioner directs, any of the powers and functions of the Commissioner in relation to human resources management in the public service and may, from time to time as the Commissioner sees fit, revise or rescind and reinstate the authority so granted.

R.S., c. 24 (3rd Supp.), Part IIIHazardous Materials Information Review Act

 Subsection 39(2) of the English version of the Hazardous Materials Information Review Act is replaced by the following:

2001, c. 27Immigration and Refugee Protection Act

 Subparagraphs 28(2)(a)(iii) and (iv) of the English version of the Immigration and Refugee Protection Act are replaced by the following:

  • (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,

  • (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

 Paragraph 153(1)(f) of the Act is replaced by the following:

R.S., c. I-11Inquiries Act

 Section 6 of the Inquiries Act is replaced by the following:

Marginal note:Appointment of commissioners

6. The minister presiding over any department in the federal public administration may appoint, under the authority of the Governor in Council, a commissioner or commissioners to investigate and report on the state and management of the business, or any part of the business, of the department, either in the inside or outside service thereof, and the conduct of any person in that service, so far as the same relates to the official duties of the person.

R.S., c. N-8National Film Act

 Subsection 13(1) of the English version of the National Film Act is replaced by the following:

Marginal note:Plan of organization
  • 13. (1) The Board may, with the approval of the Treasury Board obtained on the recommendation of the Minister, formulate a plan of organization for the establishment and classification of the continuing positions necessary for the proper functioning of the Board and the establishment of rates of compensation for each class of position, having regard to the rates of compensation and conditions of employment for comparable positions outside the federal public administration and in other branches of the federal public administration.

R.S., c. 15 (4th Supp.)Non-smokers’ Health Act

Marginal note:1989, c. 7, s. 1

 Paragraphs (a) and (b) of the definition “employer” in subsection 2(1) of the Non-smokers’ Health Act are replaced by the following:

  • (a) the Treasury Board, in relation to employees in any portion of the federal public administration specified in Schedule I or IV to the Financial Administration Act,

  • (b) a separate agency named in Schedule V to the Financial Administration Act, in relation to employees of that separate agency,

R.S., c. 18 (3rd Supp.), Part IOffice of the Superintendent of Financial Institutions Act

 Section 13 of the Office of the Superintendent of Financial Institutions Act is replaced by the following:

Marginal note:Responsibility for human resources management

13. In respect of persons appointed under section 11, the Superintendent is authorized to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraphs 7(1)(b) and (e) and section 11.1 of the Financial Administration Act, and those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations.

R.S., c. O-9Old Age Security Act

Marginal note:1997, c. 40, s. 102

 The definition “federal institution” in subsection 33(1) of the Old Age Security Act 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. 24

 Subsection 38(2) of the Act is replaced by the following:

  • Marginal note:Acceptance of oaths, etc.

    (2) The Minister may accept, for the purposes of the administration of this Act or the regulations, 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.

1998, c. 31Parks Canada Agency Act

 Subsection 13(3) of the Parks Canada Agency Act is replaced by the following:

  • Marginal note:Human resources management

    (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply with respect to the Agency and the Chief Executive Officer may

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

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

    • (c) provide for any other matters that the Chief Executive Officer considers necessary for effective human resources management in the Agency.

 Section 15 of the Act is replaced by the following:

Marginal note:Negotiation of collective agreements

15. Notwithstanding section 112 of the Public Service Labour Relations Act, the Chief Executive Officer may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees that is applicable to employees in that bargaining unit.

R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

  •  (1) The definition “Deputy Chairman” in section 3 of the Parliamentary Employment and Staff Relations Act is repealed.

  • (2) The definitions “Chairman” and “Vice-Chairman” in section 3 of the English version of the Act are repealed.

  • (3) The definition “Board” in section 3 of the Act is replaced by the following:

    “Board”

    « Commission »

    “Board” means the Public Service Labour Relations Board established under section 12 of the Public Service Labour Relations Act;

  • (4) The definition vice-président in section 3 of the French version of the Act is replaced by the following:

    « vice-président »

    “Vice-Chairperson”

    vice-président Un vice-président de la Commission.

  • (5) Section 3 of the English version of the Act is amended by adding the following in alphabetical order:

    “Chairperson”

    « président »

    “Chairperson” means the Chairperson of the Board.

    “Vice-Chairperson”

    « vice-président »

    “Vice-Chairperson” means a Vice-Chairperson of the Board.

 

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