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

Assented to 2003-11-07

Subdivision b

Transitional Provisions Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3

Marginal note:Cessation of office

77. The President and members of the former Commission cease to hold office on the day on which subsection 3(1) of the amended Act comes into force.

Marginal note:Policies, delegation instruments, etc.

78. The regulations, policies, directives, instruments of delegation and other instruments issued by the former Commission before the day on which subsection 3(1) of the amended Act comes into force are deemed to be those of the new Commission on that day.

Marginal note:Status of Commission employees

79. Subject to subsections 87(2) and (3) of this Act, nothing in the amended Act affects the status of any person who was an employee of the former Commission immediately before the day on which subsection 3(1) of the amended Act comes into force, except that, as of that day, the person is an employee of the new Commission.

Marginal note:Rights and obligations transferred

80. All rights and property held by or in the name of or in trust for the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission.

Marginal note:References

81. Every reference to the former Commission in a deed, contract or other document executed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context otherwise requires.

Marginal note:Transfer of appropriations

82. Any amount appropriated, for the fiscal year that includes the day on which subsection 3(1) of the amended Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Commission and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Commission.

Marginal note:Continuation of legal proceedings

83. Any action, suit or other proceeding, to which the former Commission is a party, that is pending in any court on the day on which subsection 3(1) of the amended Act comes into force may be continued by or against the new Commission in the like manner and to the same extent as it could have been continued by or against the former Commission.

Marginal note:Inquiry

84. Any inquiry commenced under section 34 of the former Act that has not been completed on the coming into force of section 33.3 of the amended Act must be dealt with and disposed of in accordance with the former Act.

Division 4

Transitional Provisions Arising from the Amendments to the Canadian Centre for Management Development Act in Part 4

Marginal note:References

  • 85. (1) Every reference to the Canadian Centre for Management Development in any deed, contract, agreement, instrument or other document executed by the Canadian Centre for Management Development in its own name is to be read as a reference to the Canada School of Public Service, unless the context otherwise requires.

  • Marginal note:References — Principal

    (2) Every reference to the Principal of the Canadian Centre for Management Development in a document referred to in subsection (1) is to be read as a reference to the President of the Canada School of Public Service, unless the context otherwise requires.

  • Marginal note:Continuation of rights and property

    (3) All rights and property of the Canadian Centre for Management Development continue to be the rights and property of the Canada School of Public Service.

  • Marginal note:Continuation of obligations and liabilities

    (4) All obligations and liabilities of the Canadian Centre for Management Development continue to be the obligations and liabilities of the Canada School of Public Service.

  • Marginal note:Continuation of proceedings

    (5) Any action, suit or other legal or administrative proceeding to which the Canadian Centre for Management Development is a party that is pending on the coming into force of this section may be continued by or against the Canada School of Public Service in a similar manner and to the same extent as it would have been continued by or against the Canadian Centre for Management Development.