Financial Administration Act (R.S.C., 1985, c. F-11)

Human Resources Management

Marginal note:Definitions

• 11 (1) The following definitions apply in this section and sections 11.1 to 13.

  core public administration

  core public administration means the departments named in Schedule I and the other portions of the federal public administration named in Schedule IV. (administration publique centrale)

  deputy head

  deputy head means

  • (a) in relation to a department named in Schedule I, its deputy minister;

  • (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

  • (d) in relation to any portion of the federal public administration designated for the purposes of paragraph (d) of the definition public service, its chief executive officer or, if there is no chief executive officer, the person who occupies the position designated under subsection (2) in respect of that portion. (administrateur général)

  public service

  public service means the several positions in or under

  • (a) the departments named in Schedule I;

  • (b) the other portions of the federal public administration named in Schedule IV;

  • (c) the separate agencies named in Schedule V; and

  • (d) any other portion of the federal public administration that may be designated by the Governor in Council for the purpose of this paragraph. (fonction publique)

  separate agency

  separate agency means a portion of the federal public administration named in Schedule V. (organisme distinct)

  statutory deputy head

  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. (administrateur général au titre de la loi)

• Marginal note:Designation of certain deputy heads

  (2) The Governor in Council may designate any position to be the position of deputy head in respect of

  • (a) any portion of the federal public administration named in Schedule IV or V for which there is no chief executive officer; and

  • (b) each portion of the federal public administration designated for the purpose of paragraph (d) of the definition public service in subsection (1) for which there is no chief executive officer.

Marginal note:Powers of the Treasury Board

• 11.1 (1) In the exercise of its human resources management responsibilities under paragraph 7(1)(e), the Treasury Board may

  • (a) determine the human resources requirements of the public service and provide for the allocation and effective utilization of human resources in the public service;

  • (b) provide for the classification of positions and persons employed in the public service;

  • (c) determine and regulate the pay to which persons employed in the public service are entitled for services rendered, the hours of work and leave of those persons and any related matters;

  • (d) determine and regulate the payments that may be made to persons employed in the public service by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;

  • (e) subject to the Employment Equity Act, establish policies and programs with respect to the implementation of employment equity in the public service;

  • (f) establish policies or issue directives respecting the exercise of the powers granted by this Act to deputy heads in the core public administration and the reporting by those deputy heads in respect of the exercise of those powers;

  • (g) establish policies or issue directives respecting

    • (i) the manner in which deputy heads in the core public administration may deal with grievances under the Federal Public Sector Labour Relations Act to which they are a party, and the manner in which they may deal with them if the grievances are referred to adjudication under subsection 209(1) or 238.25(1) of that Act, and

    • (ii) the reporting by those deputy heads in respect of those grievances;

  • (h) establish policies or issue directives respecting the disclosure by persons employed in the public service of information concerning wrongdoing in the public service and the protection from reprisal of persons who disclose such information in accordance with those policies or directives;

  • (i) establish policies or issue directives respecting the prevention of harassment in the workplace and the resolution of disputes relating to such harassment; and

  • (j) provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that it considers necessary for effective human resources management in the public service.

• Marginal note:Limitation

  (2) The powers of the Treasury Board in relation to any of the matters specified in subsection (1)

  • (a) do not extend to any matter that is expressly determined, fixed, provided for, regulated or established by any Act otherwise than by the conferring of powers in relation to those matters on any authority or person specified in that Act; and

  • (b) do not include or extend to

    • (i) any power specifically conferred on the Public Service Commission under the Public Service Employment Act,

    • (ii) any process of human resources selection required to be used under the Public Service Employment Act or authorized to be used by the Public Service Commission under that Act, or

    • (iii) any power specifically conferred on the Commissioner of the Royal Canadian Mounted Police under paragraph 20.2(1)(l) of the Royal Canadian Mounted Police Act.

Marginal note:Delegation by Governor in Council

• 11.2 (1) The Governor in Council may delegate to the minister of the Crown responsible for a separate agency, or to its deputy head, any of the powers or functions of the Governor in Council or the Treasury Board in relation to human resources management in that separate agency, subject to any terms and conditions that the Governor in Council directs.

• Marginal note:Sub-delegation

  (2) Any person to whom powers or functions are delegated under subsection (1) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any person under their jurisdiction.

Marginal note:Powers of deputy heads in core public administration

• 12 (1) Subject to paragraphs 11.1(1)(f) and (g), every deputy head in the core public administration may, with respect to the portion for which he or she is deputy head,

  • (a) determine the learning, training and development requirements of persons employed in the public service and fix the terms on which the learning, training and development may be carried out;

  • (b) provide for the awards that may be made to persons employed in the public service for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;

  • (c) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties;

  • (d) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of persons employed in the public service whose performance, in the opinion of the deputy head, is unsatisfactory;

  • (e) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of persons employed in the public service for reasons other than breaches of discipline or misconduct; and

  • (f) provide for the termination of employment of persons to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the core public administration to any body or corporation that is not part of the core public administration.

• Marginal note:Powers of other deputy heads

  (2) Subject to any terms and conditions that the Governor in Council may direct, every deputy head of a separate agency, and every deputy head designated under paragraph 11(2)(b), may, with respect to the portion of the federal public administration for which he or she is deputy head,

  • (a) determine the learning, training and development requirements of persons employed in the public service and fixing the terms on which the learning, training and development may be carried out;

  • (b) provide for the awards that may be made to persons employed in the public service for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;

  • (c) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties; and

  • (d) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of persons employed in the public service for reasons other than breaches of discipline or misconduct.

• Marginal note:For cause

  (3) Disciplinary action against, or the termination of employment or the demotion of, any person under paragraph (1)(c), (d) or (e) or (2)(c) or (d) may only be for cause.

Marginal note:Limitation

12.1 Section 11.1 and subsection 12(2) apply subject to the provisions of any Act of Parliament, or any regulation, order or other instrument made under the authority of an Act of Parliament, respecting the powers or functions of a separate agency.

Marginal note:Delegation by deputy head

• 12.2 (1) A deputy head may delegate to any person any of the deputy head’s powers or functions in relation to human resources management, subject to any terms and conditions that he or she directs.

• Marginal note:Sub-delegation

  (2) Any person to whom powers or functions are delegated under subsection (1) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any other person.

Marginal note:National Joint Council agreements

• 12.3 (1) Despite any other Act of Parliament, if the employment of an employee is terminated under paragraph 12(1)(f), agreements of the National Joint Council, other than agreements of the National Joint Council that are related to work force adjustment, cease to apply to the employee immediately before the termination of employment, unless the termination of employment was the result of the transfer of any work, undertaking or business from the core public administration to any body or corporation that is

  • (a) a separate agency; or

  • (b) another portion of the federal public administration designated by the Governor in Council for the purpose of paragraph (d) of the definition public service in subsection 11(1).

• Marginal note:Accrued benefits

  (2) Her Majesty in right of Canada, as represented by the Treasury Board, continues to be responsible for any obligation of Her Majesty in respect of benefits arising out of agreements of the National Joint Council that had accrued to employees of a body or corporation immediately before the date of the transfer referred to in subsection (1).

12.4 [Repealed, 2012, c. 19, s. 218]

Marginal note:Right or power of Governor in Council not affected

• 13 (1) Subject to subsection (2), nothing in this Act or any other Act of Parliament is to be construed as limiting or affecting the right or power of the Governor in Council to suspend or dismiss, on the basis of a security assessment, any person employed in the public service.

• Marginal note:Restriction

  (2) If a person has made a complaint with respect to a security assessment to the National Security and Intelligence Review Agency, that person may not be dismissed by the Governor in Council until after the completion of the investigation in relation to that complaint.

• Marginal note:Order to be conclusive proof

  (3) For the purpose of subsection (1), any order made by the Governor in Council is conclusive proof of the matters stated therein in relation to the suspension or dismissal of any person in the interest of the safety or security of Canada or any state allied or associated with Canada.

Department of Finance

Marginal note:Department established

14 There is hereby established a department of the Government of Canada called the Department of Finance over which the Minister of Finance appointed by commission under the Great Seal shall preside.

Marginal note:Minister

15 The Minister holds office during pleasure and has the management and direction of the Department, the management of the Consolidated Revenue Fund and the supervision, control and direction of all matters relating to the financial affairs of Canada not by law assigned to the Treasury Board or to any other minister.

Marginal note:Advisory and other committees

• 15.1 (1) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.

• Marginal note:Remuneration and expenses

  (2) Members of a committee may be paid for their services the remuneration and expenses that the Governor in Council may determine.

Marginal note:Deputy head

16 The Governor in Council may appoint an officer called the Deputy Minister of Finance to hold office during pleasure and to be the deputy head of the Department.