Short Title

Marginal note:Short title

1 This Act may be cited as the Canadian Centre for Management Development Act.

Interpretation

Marginal note:Definitions

2 In this Act,

Board

conseil

Board means the Board of Governors of the Centre constituted by section 7; (conseil)

Centre

Centre

Centre means the Canadian Centre for Management Development established by section 3; (Centre)

Minister

ministre

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

Principal

directeur

Principal means the Principal of the Centre appointed under subsection 13(1); (directeur)

Public Service

fonction publique

Public Service has the meaning given that expression in the Public Service Staff Relations Act. (fonction publique)

Establishment of the Centre

Marginal note:Establishment

• 3 (1) There is hereby established a corporation to be known as the Canadian Centre for Management Development.

• Marginal note:Principal office

  (2) The principal office of the Centre shall be in the National Capital Region described in the schedule to the National Capital Act.

• Marginal note:Crown agent

  (3) The Centre is an agent of Her Majesty in right of Canada.

Objects and Powers of the Centre

Marginal note:Objects

4 The objects of the Centre are

• (a) to encourage pride and excellence in the management of the Public Service and to foster among Public Service managers a sense of the purposes, values and traditions of the Public Service;

• (b) to help ensure that managers in the Public Service have the analytical, creative, advisory, administrative and other managerial skills and knowledge necessary to develop and implement policy, respond to change, including changes in the social, cultural, racial and linguistic character of Canadian society, and manage government programs, services and personnel efficiently, effectively and equitably;

• (c) to help managers in the Public Service develop a successful cooperative relationship with staff members at all levels through leadership, motivation, effective internal communications and the encouragement of innovation, high-quality service to the public and skills development;

• (d) to develop within the Public Service and to attract to the Public Service, through the Centre’s programs and studies, persons who are of high calibre and who reflect the diversity of Canadian society, and to support their growth and development as public sector managers committed to the service of Canada;

• (e) to formulate and provide training, orientation and development programs for managers in the public sector and particularly for senior managers in the Public Service;

• (f) to study and conduct research into the theory and practice of public sector management; and

• (g) to encourage a greater awareness in Canada of issues related to public sector management and the role and functions of government and to involve a broad range of individuals and institutions in the Centre’s pursuit of excellence in public administration.

Marginal note:Powers

5 In carrying out its objects, the Centre has the capacity of a natural person and may

• (a) acquire, manage, maintain, design and operate programs for management development and acquire personal and movable property;

• (b) assist departments, boards and agencies of the Government of Canada through programs, studies and documentation developed at the Centre;

• (c) cooperate with other persons and bodies engaged in management and personnel development;

• (d) contribute funds for the pursuit of research or other activities related to the theory and practice of public sector management;

• (e) provide services and facilities to any person or government, and charge fees therefor as provided by section 18;

• (f) license, sell or otherwise make available any copyright, trade-mark or other like property right held, controlled or administered by the Centre;

• (g) enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the name of the Centre;

• (h) acquire any money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of the property subject to the terms, if any, on which the gift or bequest was made; and

• (i) do all such things as are necessary or incidental to the attainment of the objects of the Centre.

Marginal note:Government facilities

6 In carrying out its objects and exercising its powers under this Act, the Centre shall make use of any available services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the operation of the Centre.

Organization

Marginal note:Constitution of Board of Governors

7 The Centre shall have a Board of Governors composed of not more than fifteen governors, including a Chair and three ex officio governors.

Marginal note:Appointment

• 8 (1) The governors of the Centre, other than the Chair and ex officio governors, shall be appointed by the Governor in Council to hold office during pleasure for terms not exceeding three years, their terms being staggered so that not more than four terms will expire in any year.

• Marginal note:Reappointment

  (2) A governor appointed pursuant to subsection (1), on the expiration of a first or any subsequent term of office, is eligible to be reappointed for a further term.

Marginal note:Consultation

• 9 (1) Appointments to the Board subsequent to the first appointments shall only be made following consultation by the Minister with the Board.

• Marginal note:Representation

  (2) Appointments under section 8 shall be made so that, of the governors other than the Chair, there are equal numbers of persons who are employed in the Public Service and persons who are not so employed.

Marginal note:Chair

• 10 (1) The Clerk of the Privy Council and Secretary to the Cabinet is Chair of the Board of Governors.

• Marginal note:Acting Chair

  (2) In the event of a vacancy in the office of Chair, the Board may appoint a person to act as Chair, but the term of such an appointment shall not exceed ninety days except with the approval of the Governor in Council.

• Marginal note:Ex officio governors

  (3) The Secretary of the Treasury Board, the Chairman of the Public Service Commission and the Principal of the Centre are ex officio governors.

Marginal note:Expenses

• 11 (1) The governors are entitled to be paid such travel and living expenses incurred by them in connection with the work of the Board away from their ordinary places of residence as may be fixed by the Governor in Council.

• Marginal note:Remuneration

  (2) The governors who are not employed in the Public Service may be paid such remuneration as the Governor in Council may fix for their attendance at meetings of the Board or for work performed for it.

Marginal note:Meetings

12 The Board is responsible for the conduct and management of the affairs of the Centre and shall meet at least twice during each fiscal year at the time and places determined by the Chair.

Officers and Employees

Principal

Marginal note:Appointment

• 13 (1) The Governor in Council shall, after consultation by the Minister with the Board, appoint an officer, to be called the Principal of the Centre, to hold office for a term not exceeding five years, and the Principal shall have the rank and status of a deputy minister.

• Marginal note:Chief executive officer

  (2) The Principal is the chief executive officer of the Centre and has supervision over and direction of the work and staff of the Centre.

• Marginal note:Programs and studies

  (3) In exercising supervision over the Centre and direction of its programs, the Principal shall take into consideration the policies of the Government of Canada as well as its management training needs and priorities as determined by the Treasury Board in accordance with subsection 11(2) of the Financial Administration Act.

• Marginal note:Acting Principal

  (4) In the event of a vacancy in the office of Principal, the Board may appoint a senior officer of the Centre to act as Principal, but the term of such an appointment shall not exceed ninety days except with the approval of the Governor in Council.

Marginal note:Reappointment

14 The Principal, on the expiration of a first or any subsequent term of office, is eligible to be reappointed for a further term.

Other Officers and Employees

Marginal note:Appointments under Public Service Employment Act

• 15 (1) Such officers and employees as are necessary for the conduct of the work of the Centre shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Other appointments

  (2) Notwithstanding subsection (1), the Principal may, on behalf of the Centre, appoint and employ teaching and research staff and may, with the approval of the Treasury Board, establish the terms and conditions of their employment, including their remuneration.

• Marginal note:Act not applicable

  (3) The Public Service Staff Relations Act does not apply to any person employed by the Centre pursuant to subsection (2).

• Marginal note:Acts and regulations applicable

  (4) Each person employed by the Centre pursuant to subsection (2) shall be deemed to be an employee for the purposes of the Government Employees Compensation Act, to be employed in the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act, and to be employed in the Public Service for the purposes of the Public Service Superannuation Act.

Teaching and Research Services

Marginal note:Contracts

16 The Principal may enter into contracts for the provision of teaching and research services to the Centre and for other professional services connected with the management of the programs of the Centre.

By-laws

Marginal note:By-laws

17 The Board may make by-laws respecting the conduct and management of the affairs of the Centre, including the exercise of its powers under section 5, and may by such by-laws establish an executive committee and delegate thereto any of its powers or functions.

Fees

Marginal note:Setting amount of fees

• 18 (1) The Board may, with the approval of the Treasury Board and subject to such terms and conditions as the Treasury Board may impose, prescribe the fees or the manner of determining the fees

  • (a) to be charged for any service or for the use of any facility provided by the Centre; or

  • (b) to be charged by the Centre when selling, licensing the use of or otherwise making available any copyright, trade-mark or other like property right held, controlled or administered by the Centre.

• Marginal note:Offset

  (2) The Principal may, subject to any conditions imposed by the Treasury Board, apply any fee charged in a fiscal year against the costs incurred in that year in connection with the operation of the Centre.

Annual Report

Marginal note:Annual report

• 19 (1) Within four months after the end of each fiscal year, the Board shall submit to the Minister a report on the operations of the Centre.

• Marginal note:Tabling in Parliament

  (2) The Minister shall cause a copy of the report to be laid before each House of Parliament within the first fifteen sitting days of that House after the Minister has received the report.

• Marginal note:Review and report

  (3) Within one year after the fourth anniversary of the coming into force of this Act and every five years thereafter, the Board shall cause a review and report to be made of the activities and organization of the Centre.

• Marginal note:Tabling in Parliament

  (4) The Minister shall cause a copy of the report referred to in subsection (3) to be laid before each House of Parliament within the first thirty days that that House is sitting after the report is made.

Transitional

Marginal note:Employment continued

• 20 (1) Each person employed in the Canadian Centre for Management Development or seconded thereto from the Public Service Commission on the day preceding the day on which this Act comes into force assumes, on the day on which this Act comes into force, a position in the Centre of the same occupational nature and at the same level as the position occupied by the person on that preceding day.

• Marginal note:Deemed appointment

  (2) Each person referred to in subsection (1) shall be deemed to have been appointed to the position assumed by that person, on the day on which it is assumed, in accordance with the Public Service Employment Act.

• Marginal note:Probation

  (3) Notwithstanding section 28 of the Public Service Employment Act, no person deemed under subsection (2) to have been appointed is subject to probation unless the person was subject to probation on the day preceding the day of the deemed appointment, and any person who was so subject to probation continues subject thereto only for as long as would have been the case but for this section.

Consequential Amendments

21 to 25 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*26 This Act shall come into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force December 1, 1991, see SI/91-158.]