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

Assented to 2003-11-07

 The amendments made by this Part to replace the expressions “public service of Canada” and “Public Service” by the expressions “federal public administration” and “public service”, respectively, are to be considered as terminology changes only and are not to be held to operate as new law.

Division 2Consequential Amendments Arising from Part 3

Subdivision aConsequential Amendments Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3

R.S., c. A-17Auditor General Act

Marginal note:1992, c. 54, s. 79; s. 92 of this Act

 Section 15 of the Auditor General Act is replaced by the following:

Marginal note:Officers, etc.
  • 15. (1) The officers and employees that are necessary to enable the Auditor General to perform his or her duties are to be appointed in accordance with the Public Service Employment Act and, subject to subsections (2) to (5), the provisions of that Act apply to those offices and employees.

  • Marginal note:Public Service Employment Act — employer and deputy head

    (2) The Auditor General may exercise the powers and perform the functions of the employer and deputy head under the Public Service Employment Act within the meaning of those terms in subsection 2(1) of that Act.

  • Marginal note:Public Service Employment Act — Commission

    (3) The Auditor General may, in the manner and subject to the terms and conditions that the Public Service Commission directs, exercise the powers and perform the functions of that Commission under the Public Service Employment Act, other than its powers and functions in relation to the hearing of allegations by a candidate under sections 118 and 119 of that Act and its power to make regulations.

  • Marginal note:Delegation

    (4) The Auditor General may authorize any person employed in his or her office to exercise and perform, in any manner and subject to any terms and conditions that he or she directs, any of his or her powers and functions under subsections (2) and (3).

  • Marginal note:Sub-delegation

    (5) Any person authorized under subsection (4) may, subject to and in accordance with the authorization, authorize one or more persons under that person’s jurisdiction to exercise any power or perform any function to which the authorization relates.

 The Act is amended by adding the following after section 16.1:

Marginal note:Contract for professional services

16.2 Subject to any other Act of Parliament or regulations made under any Act of Parliament, but without the approval of the Treasury Board, the Auditor General may, within the total dollar limitations established for his or her office in appropriation Acts, contract for professional services.

1999, c. 17Canada Customs and Revenue Agency Act

 Subsection 55(1) of the Canada Customs and Revenue Agency Act is replaced by the following:

Marginal note:Mobility to departments
  • 55. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of the Agency must be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act.