Canada School of Public Service Act (S.C. 1991, c. 16)

Act current to 2016-09-18 and last amended on 2012-06-29. Previous Versions

Canada School of Public Service Act

S.C. 1991, c. 16

Assented to 1991-03-27

An Act respecting the Canada School of Public Service

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Canada School of Public Service Act.

  • 1991, c. 16, s. 1;
  • 2003, c. 22, s. 22.

Interpretation

Marginal note:Definitions

 In this Act,

Board

Board[Repealed, 2012, c. 19, s. 516]

Centre

Centre[Repealed, 2003, c. 22, s. 23]

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)

President

président

President means the President of the School appointed under subsection 13(1); (président)

Principal

Principal[Repealed, 2003, c. 22, s. 23]

public sector

public sector[Repealed, 2012, c. 19, s. 516]

public service

fonction publique

public service has the meaning given that expression in the Public Service Labour Relations Act; (fonction publique)

School

École

School means the Canada School of Public Service continued under subsection 3(1). (École)

  • 1991, c. 16, s. 2;
  • 2003, c. 22, ss. 23, 132(E);
  • 2010, c. 12, s. 1671;
  • 2012, c. 19, s. 516.

Continuation

Marginal note:Continuation
  •  (1) The Canadian Centre for Management Development, established by subsection 3(1) of the Canadian Centre for Management Development Act, is continued as a corporation under the name of the Canada School of Public Service.

  • Marginal note:Principal office

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

  • Marginal note:Crown agent

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

  • 1991, c. 16, s. 3;
  • 2003, c. 22, s. 24.
Marginal note:Minister responsible

 The Minister is responsible for and has the overall direction of the School.

  • 2012, c. 19, s. 517.

Objects and Powers

Marginal note:Objects

 The objects of the School are

  • (a) to encourage pride and excellence in the public service and to foster in managers and other public service employees a sense of the purposes, values and traditions of the public service;

  • (b) to help ensure that those managers 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 and other public service employees to develop successful cooperative relationships 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 School’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 and employees committed to the service of Canada;

  • (e) to formulate and provide training, orientation and development programs for public sector managers and employees, particularly for those in the public service;

  • (f) to assist deputy heads in meeting the learning needs of their organization, including by way of delivering training and development programs;

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

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

  • 1991, c. 16, s. 4;
  • 2003, c. 22, ss. 24, 225(E).
Marginal note:Powers

 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;

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

  • (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 and public administration;

  • (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 similar property right held, controlled or administered by the School;

  • (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;

  • (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 things necessary or incidental to the attainment of the objects of the School.

  • 1991, c. 16, s. 5;
  • 2001, c. 4, s. 68;
  • 2003, c. 22, ss. 25, 225(E).
Marginal note:Government facilities

 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.

  • 1991, c. 16, s. 6;
  • 2003, c. 22, s. 26.

 [Repealed, 2012, c. 19, s. 518]

 [Repealed, 2012, c. 19, s. 518]

 [Repealed, 2012, c. 19, s. 518]

 [Repealed, 2012, c. 19, s. 518]

 [Repealed, 2012, c. 19, s. 518]

 [Repealed, 2012, c. 19, s. 518]

Officers and Employees

President

Marginal note:Appointment
  •  (1) The Governor in Council shall 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 School’s chief executive officer and has the management and control of it.

  • Marginal note:Exercise of powers

    (3) In exercising his or her powers of management and control, the President shall take into consideration the policies of the Government of Canada as well as the policies with respect to learning, training and developmental needs and priorities that are established by the Treasury Board under paragraph 11.1(1)(f) of the Financial Administration Act.

  • Marginal note:Acting President

    (4) In the event of a vacancy in the office of President, the Minister may appoint a senior officer of the School to act as President, but the term of such an appointment shall not exceed 90 days except with the Governor in Council’s approval.

  • 1991, c. 16, s. 13;
  • 2003, c. 22, ss. 30, 132.1;
  • 2012, c. 19, s. 519.
Marginal note:Reappointment

 On the expiration of any term of office, the President is eligible to be reappointed for a further term.

  • 1991, c. 16, s. 14;
  • 2003, c. 22, s. 30.

Other Officers and Employees

Marginal note:Appointments under Public Service Employment Act
  •  (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.

  • Marginal note:Act not applicable

    (3) The Public Service Labour 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 federal public administration 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.

  • 1991, c. 16, s. 15;
  • 2003, c. 22, ss. 31, 133(E).

Teaching and Research Services

Marginal note:Contracts

 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.

  • 1991, c. 16, s. 16;
  • 2003, c. 22, s. 32.

 [Repealed, 2012, c. 19, s. 520]

Fees

Marginal note:Setting amount of fees
  •  (1) The President may, with the Treasury Board’s approval, 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.

  • 1991, c. 16, s. 18;
  • 2001, c. 4, s. 69(F);
  • 2003, c. 22, s. 32;
  • 2012, c. 19, s. 521.

Review and Report

Marginal note:Annual report
  •  (1) The Minister shall, as soon as feasible after the end of each fiscal year but no later than the end of the calendar year in which that fiscal year ends, cause to be laid before each House of Parliament a report of the operations of the School for that fiscal year.

  • Marginal note:Reports required by Treasury Board

    (2) The obligation imposed by subsection (1) may be satisfied by the tabling of any reports of the School’s operations required by the Treasury Board that contain the information required by that subsection.

  • Marginal note:Review and report

    (3) The President shall, before December 1, 2006 and within every five years after that date, cause a review and report to be made of the School’s activities and organization.

  • 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.

  • 1991, c. 16, s. 19;
  • 2003, c. 22, s. 34;
  • 2012, c. 19, s. 522.

 [Repealed, 2003, c. 22, s. 35]

Consequential Amendments

 [Amendments]

Coming into Force

Marginal note:Coming into force

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

RELATED PROVISIONS

  • — 2003, c. 22, s. 85

      • 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.

      • 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.

      • 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.

      • 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.

      • 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.

  • — 2003, c. 22, s. 86

    • 86 The governors of the Canadian Centre for Management Development who, immediately before the coming into force of this section, held office under subsection 8(1) of the Canadian Centre for Management Development Act continue in office as governors of the Canada School of Public Service for the remainder of the term for which they were appointed.

  • — 2003, c. 22, s. 87

      • 87 (1) Nothing in Part 4 of this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of that Part, occupied a position in the Canadian Centre for Management Development, except that the employee shall occupy that position in the Canada School of Public Service.

      • Transitional — TDC employees

        (2) Each person employed in the Public Service Commission in the administrative unit known as “Training and Development Canada” assumes, on the coming into force of this section, a position in the Canada School of Public Service.

      • Transfer by Governor in Council

        (3) The Governor in Council may, by order made on the recommendation of the Treasury Board after consultation with the Public Service Commission and the Canada School of Public Service, within one year after the coming into force of this section, transfer an employee of the Public Service Commission to the Canada School of Public Service if the Governor in Council is of the opinion that

        • (a) the employee is carrying out powers, duties and functions that are in whole or in part in support of or related to the powers, duties and functions of persons referred to in subsection (2); and

        • (b) it is in the best interests of the Public Service to do so.

      • Status unchanged

        (4) Nothing in subsections (2) and (3) shall be construed as affecting the status of

        • (a) a person referred to in subsection (2) who, immediately before the coming into force of that subsection, occupied a position in Training and Development Canada; and

        • (b) an employee transferred by an order made under subsection (3).

AMENDMENTS NOT IN FORCE

  • — 2014, c. 20, s. 366(1)

    • Replacement of “trade-mark” in other Acts
      • 366 (1) Unless the context requires otherwise, “trade-mark”, “trade-marks”, “Trade-mark”, “Trade-marks”, “trade mark” and “trade marks” are replaced by “trademark”, “trademarks”, “Trademark” or “Trademarks”, as the case may be, in the English version of any Act of Parliament, other than this Act and the Trademarks Act.

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