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

Act current to 2016-08-15 and last amended on 2014-01-01. Previous Versions

Public Service Modernization Act

S.C. 2003, c. 22

Assented to 2003-11-07

An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts

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

Marginal note:Short title

 This Act may be cited as the Public Service Modernization Act.

PART 1Public Service Labour Relations Act

 The Public Service Labour Relations Act is enacted as follows:

[See Public Service Labour Relations Act]

PART 2Amendments to the Financial Administration Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

PART 3Public Service Employment Act

DIVISION 1Enactment of Act

 The Public Service Employment Act is enacted as follows:

[See Public Service Employment Act]

Marginal note:Schedule to the Public Service Employment Act

 The schedule to the Public Service Employment Act enacted by section 12 of this Act is set out in Schedule 2 to this Act.

DIVISION 2Amendments to the Public Service Employment Act

 [Amendment]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Repealed before coming into force, 2008, c. 20, s. 3]

 [Amendment]

 [Repealed before coming into force, 2008, c. 20, s. 3]

PART 4Amendments to the Canadian Centre for Management Development Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

PART 5Transitional

DIVISION 1Transitional Provisions Arising from the Enactment of the Public Service Labour Relations Act in Part 1

Interpretation

 [Transitional provision]

Public Service Staff Relations Board

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

Bargaining Agents and Bargaining Units

 [Transitional provision]

 [Transitional provision]

Managerial or Confidential Position

 [Transitional provision]

Choice of Process for Dispute Resolution

 [Transitional provision]

Collective Agreements and Arbitral Awards

 [Transitional provision]

 [Transitional provision]

Conciliators and Fact Finders

 [Transitional provision]

 [Transitional provision]

Alternate Dispute Resolution Process

 [Transitional provision]

Arbitration

 [Transitional provision]

Designations, Conciliation and Prohibitions

 [Transitional provision]

Complaints

 [Transitional provision]

 [Transitional provision]

Grievances

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

DIVISION 2Transitional Provision Arising from the Amendments to the Financial Administration Act in Part 2

 [Transitional provision]

DIVISION 3Transitional Provisions Arising from Part 3

 [Transitional provision]

SUBDIVISION ATransitional Provisions Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

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

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Repealed before coming into force, 2008, c. 20, s. 3]

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

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

PART 6Consequential Amendments

DIVISION 1Consequential Amendments Arising from the Enactment of the Public Service Labour Relations Act in Part 1 and the Amendments to the Financial Administration Act in Part 2

Access to Information Act

 [Amendment]

Aeronautics Act

 [Amendment]

Auditor General Act

 [Amendment]

 [Amendment]

 [Amendment]

Bank of Canada Act

 [Amendment]

 [Amendment]

Canada Customs and Revenue Agency Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Canada Elections Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Canada Evidence Act

 [Amendment]

 [Amendment]

Canada Grain Act

 [Amendment]

Canada Labour Code

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Canada Marine Act

 [Amendment]

 [Amendment]

Canada Mortgage and Housing Corporation Act

 [Amendment]

 [Amendment]

Canada-Newfoundland Atlantic Accord Implementation Act

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Canada Oil and Gas Operations Act

 [Amendment]

 [Amendment]

Canada Pension Plan

 [Amendment]

 [Amendment]

Canada Petroleum Resources Act

 [Amendment]

Canada School of Public Service Act

 [Amendment]

 [Amendment]

 [Amendment]

Canadian Commercial Corporation Act

 [Amendment]

Canadian Food Inspection Agency Act

 [Amendment]

Canadian Forces Superannuation Act

 [Amendment]

Canadian Human Rights Act

 [Amendment]

Canadian Institutes of Health Research Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Canadian Payments Act

 [Amendment]

Canadian Security Intelligence Service Act

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Canadian Space Agency Act

 [Amendment]

Children’s Special Allowances Act

 [Amendment]

Citizenship Act

 [Amendment]

Civil Air Navigation Services Commercialization Act

 [Amendment]

 [Amendment]

Cooperative Energy Act

 [Amendment]

 [Amendment]

Copyright Act

 [Amendment]

Corrections and Conditional Release Act

 [Amendment]

Courts Administration Service Act

 [Amendment]

 [Amendment]

Defence Production Act

 [Amendment]

 [Amendment]

Department of Human Resources Development Act

 [Amendment]

Department of Veterans Affairs Act

 [Amendment]

Diplomatic Service (Special) Superannuation Act

 [Amendment]

Employment Equity Act

 [Amendment]

 [Amendment]

 [Amendment]

Farm Products Agencies Act

 [Amendment]

Federal Court Act

 [Amendment]

Financial Administration Act

 [Amendment]

Financial Consumer Agency of Canada Act

 [Amendment]

 [Amendment]

Hazardous Materials Information Review Act

 [Amendment]

Immigration and Refugee Protection Act

 [Amendment]

 [Amendment]

Inquiries Act

 [Amendment]

National Film Act

 [Amendment]

Non-smokers’ Health Act

 [Amendment]

Office of the Superintendent of Financial Institutions Act

 [Amendment]

Old Age Security Act

 [Amendment]

 [Amendment]

Parks Canada Agency Act

 [Amendment]

 [Amendment]

Parliamentary Employment and Staff Relations Act

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

Pension Act

 [Amendment]

Privacy Act

 [Amendment]

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

 [Amendment]

 [Amendment]

Public Service Employment Act

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Public Service Rearrangement and Transfer of Duties Act

 [Amendment]

 [Amendment]

Public Service Superannuation Act

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Publication of Statutes Act

 [Amendment]

Royal Canadian Mounted Police Act

 [Amendment]

 [Amendment]

Royal Canadian Mounted Police Superannuation Act

 [Amendment]

Saguenay-St. Lawrence Marine Park Act

 [Amendment]

Status of the Artist Act

 [Amendment]

 [Amendment]

War Veterans Allowance Act

 [Amendment]

Terminology Changes

 [Amendments]

 [Amendments]

 [Amendments]

 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

Auditor General Act

 [Amendment]

 [Amendment]

Canada Customs and Revenue Agency Act

 [Amendment]

 [Amendment]

Canada-Newfoundland Atlantic Accord Implementation Act

 [Amendment]

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

 [Amendment]

Canadian Institutes of Health Research Act

 [Amendment]

Canadian Security Intelligence Service Act

 [Amendment]

Canadian Space Agency Act

 [Amendment]

Employment Equity Act

 [Amendment]

 [Amendment]

 [Amendment]

Financial Administration Act

 [Amendment]

National Film Act

 [Amendment]

Parks Canada Agency Act

 [Amendment]

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

 [Amendment]

Public Service Labour Relations Act

 [Amendment]

Referendum Act

 [Amendment]

Veterans Benefit Act

 [Amendment]

SUBDIVISION BConsequential Amendments Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3

Access to Information Act

 [Amendment]

Financial Administration Act

 [Amendment]

Privacy Act

 [Amendment]

Public Service Staff Relations Act

 [Amendment]

Public Service Superannuation Act

 [Amendment]

DIVISION 3Consequential Amendments Arising from the Amendments to the Canadian Centre for Management Development Act in Part 4

Access to Information Act

 [Amendment]

 [Amendment]

Financial Administration Act

 [Amendment]

 [Amendment]

Privacy Act

 [Amendment]

 [Amendment]

Public Service Staff Relations Act

 [Amendment]

 [Amendment]

Public Service Superannuation Act

 [Amendment]

 [Amendment]

Revolving Funds Act

 [Amendment]

PART 7Coordinating Amendments

Public Service Modernization Act

 [Amendment]

 [Amendment]

Financial Administration Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Public Service Employment Act

 [Amendment]

 [Amendment]

Public Service Employment Act

 [Amendment]

 [Amendment]

Public Service Labour Relations Act

 [Amendment]

 [Amendment]

 [Amendment]

Yukon Act

 [Amendment]

Bill C-2

 [Amendment]

Bill C-6

 [Amendment]

Bill C-12

 [Amendment]

Bill C-13

 [Amendment]

Bill C-17

 [Amendment]

Bill C-18

 [Amendment]

Bill C-19

 [Amendment]

PART 8Repeals

 [Repeal]

 [Repeal]

PART 9Coming into Force

Marginal note:Coming into force
  • Footnote * (1) Subject to subsection (2), the provisions of this Act, other than sections 1 and 262 to 285, or the provisions of any Act enacted by this Act, come into force on a day or days fixed by order of the Governor in Council.

  • Marginal note:Part 2 of the Public Service Labour Relations Act

    (2) Part 2 of the Public Service Labour Relations Act, as enacted by section 2 of this Act, or any provision of that Part, comes into force on a day or days to be fixed by order of the Governor in Council, made on the recommendation of the Minister, within the meaning of subsection 2(1) of that Act, after consultation with the Chairperson of the Public Service Labour Relations Board appointed under section 12 of that Act.

    • Return to footnote *[Note: Sections 1 and 262 to 285 in force on assent November 7, 2003; sections 14 and 19, the definitions amended Act, former Act, former Commission and new Commission in section 68 and sections 77 to 83 and 246 to 250 in force November 20, 2003, see SI/2003-178; sections 21 to 35, 85 to 87 and 251 to 261 in force April 1, 2004, see SI/2004-42; section 5 in force December 1, 2004, see SI/2004-159; preamble, sections 1 to 3 and Part 1, as enacted by section 2, in force April 1, 2005, see SI/2005-22; Part 2, as enacted by section 2, other than subparagraph 209(1)(c)(ii), paragraph 211(b) and section 231, in force April 1, 2005, see SI/2005-23; Parts 3 and 4, as enacted by section 2, sections 36 to 66 and 88 to 226 in force April 1, 2005, see SI/2005-24; sections 3, 4, 6 to 11 and 67 in force April 1, 2005, see SI/2005-25; sections 12 and 13, the definition of new Act in section 68, sections 69 to 76 and 227 to 245 in force December 31, 2005, see SI/2005-122; subparagraph 209(1)(c)(ii), paragraph 211(b) and section 231, as enacted by section 2, in force December 31, 2005, see SI/2005-123; sections 15 to 18, 20 and 84 repealed before coming into force, see 2008, c. 20, s. 3.]

SCHEDULE 1

[Amendment]

SCHEDULE 2(Section 13)

[See Public Service Employment Act]

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