Public Service Modernization Act (S.C. 2003, c. 22)
Full Document:
Assented to 2003-11-07
Marginal note:2001, c. 4, s. 68(1)
25. (1) The portion of section 5 of the Act before paragraph (b) is replaced by the following:
Marginal note:Powers
5. In carrying out its objects, the School has the capacity of a natural person and may
(a) acquire, manage, maintain, design and operate training, orientation and development programs for public sector managers and employees, particularly for those in the Public Service, and acquire personal and movable property;
(2) Paragraph 5(b) of the English version of the Act is replaced by the following:
(b) assist departments, boards and agencies of the Government of Canada through programs, studies and documentation developed at the School;
(3) Paragraph 5(d) of the Act is replaced by the following:
(d) contribute funds for the pursuit of research or other activities related to the theory and practice of public sector management and public administration;
(4) Paragraph 5(f) of the Act is replaced by the following:
(f) license, sell or otherwise make available any copyright, trade-mark or other similar property right held, controlled or administered by the School;
(5) Paragraph 5(g) of the English version of the Act is replaced by the following:
(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 School;
(6) Paragraph 5(i) of the English version of the Act is replaced by the following:
(i) do all things necessary or incidental to the attainment of the objects of the School.
26. Sections 6 and 7 of the Act are replaced by the following:
Marginal note:Government facilities
6. In carrying out its objects and exercising its powers, the School 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 School.
ORGANIZATION
Marginal note:Board of Governors
7. The School shall have a Board of Governors composed of not more than fifteen governors, including a Chair and three ex officio governors.
27. Subsection 8(1) of the Act is replaced by the following:
Marginal note:Appointment
8. (1) The governors of the School, 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 one half of their terms will expire in any year.
28. Subsection 10(3) of the Act is replaced by the following:
Marginal note:Ex officio governors
(3) The Secretary of the Treasury Board, the President of the Public Service Commission and the President of the School are ex officio governors.
29. Section 12 of the Act is replaced by the following:
Marginal note:Meetings
12. The Board is responsible for the conduct and management of the affairs of the School and shall meet at least twice during each fiscal year at the time and place determined by the Chair.
30. The headings before section 13 and sections 13 and 14 of the Act are replaced by the following:
OFFICERS AND EMPLOYEES
President
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 President of the School, to hold office for a term not exceeding five years, and the President has the rank and status of a deputy minister.
Marginal note:Chief executive officer
(2) The President is the chief executive officer of the School and has supervision over and direction of the work and staff of the School.
Marginal note:Programs and studies
(3) In exercising supervision over the School and direction of its programs, the President shall take into consideration the policies of the Government of Canada as well as the learning, training and development needs and priorities of the Public Service as determined by the Treasury Board.
Marginal note:Acting President
(4) In the event of a vacancy in the office of President, the Board may appoint a senior officer of the School to act as President, 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. On the expiration of any term of office, the President is eligible to be reappointed for a further term.
31. (1) Subsections 15(1) and (2) of the Act are replaced by the following:
Marginal note:Appointments under Public Service Employment Act
15. (1) The officers and employees necessary for the conduct of the work of the School shall be appointed in accordance with the Public Service Employment Act.
Marginal note:Other appointments
(2) Despite subsection (1), the President may, on behalf of the School, 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.
(2) Subsections 15(3) and (4) of the English version of the Act are replaced by the following:
Marginal note:Act not applicable
(3) The Public Service Staff Relations Act does not apply to any person employed by the School under subsection (2).
Marginal note:Acts and regulations applicable
(4) Each person employed by the School under subsection (2) is 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 under section 9 of the Aeronautics Act, and to be employed in the Public Service for the purposes of the Public Service Superannuation Act.
Marginal note:2001, c. 4, s. 69(F)
32. Sections 16 to 18 of the Act are replaced by the following:
Marginal note:Contracts
16. The President may enter into contracts for the provision of teaching and research services to the School and for other professional services connected with the management of the programs of the School.
BY-LAWS
Marginal note:Power to make by-laws
17. The Board may make by-laws respecting the conduct and management of the affairs of the School, including the exercise of its powers under section 5, and may by those by-laws establish an executive committee and delegate to that committee 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, 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 School; or
(b) to be charged by the School when selling, licensing the use of or otherwise making available any copyright, trade-mark or other similar property right held, controlled or administered by the School.
Marginal note:Offset
(2) Subject to any conditions imposed by the Treasury Board, the revenue from fees received by the School in a fiscal year through the conduct of its operations may be spent by the School for its purposes in that, or the next, fiscal year.
33. The heading before section 19 of the Act is replaced by the following:
REVIEW AND REPORT
34. (1) Subsection 19(1) of the Act is replaced by the following:
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 School.
(2) Subsection 19(3) of the Act is replaced by the following:
Marginal note:Review and report
(3) The Board shall, before December 1, 2006 and within every five years after that date, cause a review and report to be made of the activities and organization of the School.
35. Section 20 of the Act and the heading before it are repealed.
PART 5TRANSITIONAL
Division 1Transitional Provisions Arising from the Enactment of the Public Service Labour Relations Act in Part 1
Interpretation
Marginal note:Definitions
36. (1) The following definitions apply in this Division.
“Chairperson”
« président »
“Chairperson” means the Chairperson of the new Board.
“former Act”
« ancienne loi »
“former Act” means the Public Service Staff Relations Act, being chapter P-35 of the Revised Statutes of Canada, 1985.
“former Board”
« ancienne Commission »
“former Board” means the Public Service Staff Relations Board established by section 11 of the former Act.
“new Act”
« nouvelle loi »
“new Act” means the Public Service Labour Relations Act, enacted by section 2 of this Act.
“new Board”
« nouvelle Commission »
“new Board” means the Public Service Labour Relations Board established by section 12 of the new Act.
Marginal note:Meaning of other words
(2) Words and expressions used in this Division have the same meaning as in the former Act or the new Act, as the context requires.
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