Public Service Modernization Act (S.C. 2003, c. 22)
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Assented to 2003-11-07
R.S., c. F-11Financial Administration Act
264. On the later of the coming into force of section 109 of the Courts Administration Services Act and subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act,
(a) paragraphs (b) and (c) of the definition “deputy head” in subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act, are replaced by the following:
(b) in relation to any portion of the federal public administration named in Schedule IV, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person who occupies the position designated under subsection (2) in respect of that portion;
(c) in relation to a separate agency, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person who occupies the position designated under subsection (2) in respect of that separate agency; and
(b) subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act, is amended by adding the following in alphabetical order:
“statutory deputy head”
« administrateur général au titre de la loi »
“statutory deputy head” means any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head.
265. If subsection 2(1) of the Transportation Appeal Tribunal of Canada Act comes into force before the day on which the section 11 of this Act comes into force, then, on the day on which section 11 of this Act comes into force, Schedule IV to the Financial Administration Act is amended by
(a) striking out the following:
Civil Aviation Tribunal
Tribunal de l’aviation civile
(b) adding the following in alphabetical order:
Transportation Appeal Tribunal of Canada
Tribunal d’appel des transports du Canada
266. If section 11 of this Act comes into force before the day on which subsection 2(1) of the Transportation Appeal Tribunal of Canada Act (the “other Act”) comes into force, then, on the day on which subsection 2(1) of the other Act comes into force
(a) Schedule IV to the Financial Administration Act is amended by striking out the following:
Civil Aviation Tribunal
Tribunal de l’aviation civile
(b) Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:
Transportation Appeal Tribunal of Canada
Tribunal d’appel des transports du Canada
(c) the heading before section 62 and sections 62 and 63 of the other Act are repealed.
267. If section 3 of the Courts Administration Service Act comes into force before the day on which the section 11 of this Act comes into force, then, on the day on which section 11 of this Act comes into force, Schedule IV to the Financial Administration Act is amended
(a) by striking out the following:
Staff of the Federal Court
Personnel de la Cour fédérale
Tax Court of Canada
Cour canadienne de l’impôt
(b) by adding the following in alphabetical order:
Courts Administration Service
Service administratif des tribunaux judiciaires
268. If section 11 of this Act comes into force before the day on which section 3 of the Courts Administration Service Act (the “other Act”) comes into force, then, on the day on which section 3 of the other Act comes into force,
(a) Schedule IV to the Financial Administration Act is amended by striking out the following:
Staff of the Federal Court
Personnel de la Cour fédérale
Tax Court of Canada
Cour canadienne de l’impôt
(b) Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:
Courts Administration Service
Service administratif des tribunaux judiciaires
(c) sections 166 and 167 of the other Act are repealed.
R.S., c. P-33Public Service Employment Act
269. If section 164 of the Courts Administration Services Act comes into force before the day on which the definition “public service” in subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of this Act, comes into force, then, on the later of the coming into force of section 164 of the Courts Administration Services Act and section 198 of this Act, section 21.1 of the Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985, is replaced by the following:
Marginal note:Appeal to Federal Court of Appeal
21.1 Despite the Federal Courts Act, an application to the Federal Court for relief under section 18 or 18.1 of that Act against a decision of a board established under subsection 21(1) or (1.1) shall be transferred to the Federal Court of Appeal if the parties to the application so agree or if the Federal Court of Appeal, on application by any of those parties, so orders on the basis that the sound administration of that part of the public service over which the deputy head concerned has jurisdiction would be unduly prejudiced by delay if the matter were heard and determined by the Federal Court and subject to an appeal to the Federal Court of Appeal.
270. On the later of the coming into force of section 17 of this Act and section 10 of the Yukon Act, being chapter 7 of the Statutes of Canada, 2002, the definition “territorial election” in subsection 32(1) of the Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985, as enacted by section 17 of this Act, is replaced by the following:
“territorial election”
« élection territoriale »
“territorial election” means an election to the Council of the Northwest Territories or the Legislative Assembly of Yukon or of Nunavut.
Section 12 of this ActPublic Service Employment Act
271. On the later of the coming into force of section 109 of the Courts Administration Services Act and subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of this Act,
(a) paragraph (c) of the definition “deputy head” in subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following:
(c) in relation to any organization named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive authority to make appointments, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person designated by the Governor in Council as its deputy head for the purposes of this Act.
(b) subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of this Act, is amended by adding the following in alphabetical order:
“statutory deputy head”
« administrateur général au titre de la loi »
“statutory deputy head” means any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head.
272. On the later of the day on which this Act receives Royal Assent and the day on which section 10 of the Yukon Act, being chapter 7 of the Statutes of Canada, 2002, comes into force, the definition “territorial election” in subsection 111(1) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following:
“territorial election”
« élection territoriale »
“territorial election” means an election to the Council of the Northwest Territories or the Legislative Assembly of Yukon or of Nunavut.
Section 2 of this ActPublic Service Labour Relations Act
273. On the later of the day on which this Act receives royal assent and the day on which section 17 of the Yukon Act, being chapter 7 of the Statutes of Canada, 2002, comes into force, subsection 18(2) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, is replaced by the following:
Marginal note:Exception
(2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut with powers and functions similar to those of the Board.
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