Department of Public Works and Government Services Act (S.C. 1996, c. 16)

Act current to 2016-11-21 and last amended on 2013-06-26. Previous Versions

Department of Public Works and Government Services Act

S.C. 1996, c. 16

Assented to 1996-06-20

An Act to establish the Department of Public Works and Government Services and to amend and repeal certain Acts

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 Department of Public Works and Government Services Act.

Interpretation

Marginal note:Definitions

 In this Act,

appropriate minister

ministre compétent

appropriate minister has the same meaning as in section 2 of the Financial Administration Act; (ministre compétent)

Crown corporation

société d’État

Crown corporation has the same meaning as in section 2 of the Financial Administration Act; (société d’État)

department

ministère

department has the same meaning as in section 2 of the Financial Administration Act; (ministère)

federal immovable

immeuble fédéral

federal immovable has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act; (immeuble fédéral)

federal real property

bien réel fédéral

federal real property has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act; (bien réel fédéral)

Minister

Version anglaise seulement

Minister means the Minister of Public Works and Government Services; (Version anglaise seulement)

public work

ouvrage public ou travaux publics

public work means any work or property under the management or control of the Minister. (ouvrage public ou travaux publics)

  • 1996, c. 16, s. 2;
  • 2001, c. 4, s. 156;
  • 2007, c. 29, s. 151.

Establishment of the Department

Marginal note:Department established
  •  (1) There is hereby established a department of the Government of Canada called the Department of Public Works and Government Services over which the Minister of Public Works and Government Services appointed by commission under the Great Seal shall preside.

  • Marginal note:Minister

    (2) The Minister holds office during pleasure and has the management and direction of the Department.

  • Marginal note:Receiver General

    (3) The Minister is the Receiver General for Canada.

Marginal note:Deputy head
  •  (1) The Governor in Council may appoint an officer called the Deputy Minister of Public Works and Government Services to hold office during pleasure and to be the deputy head of the Department.

  • Marginal note:Deputy Receiver General

    (2) The Deputy Minister of Public Works and Government Services is the Deputy Receiver General.

Activities of the Department

Marginal note:Common service agency

 The Department shall operate as a common service agency for the Government of Canada, and its activities as a common service agency shall be directed mainly toward providing the departments, boards and agencies of the Government of Canada with services in support of their programs.

Powers, Duties and Functions of the Minister

Marginal note:Minister’s powers, duties and functions

 The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to

  • (a) the acquisition and provision of articles, supplies, machinery, equipment and other materiel for departments;

  • (b) the acquisition and provision of services for departments;

  • (c) the planning and organizing of the provision of materiel and services required by departments;

  • (d) the acquisition and provision of printing and publishing services for departments;

  • (e) the construction, maintenance and repair of public works, federal real property and federal immovables;

  • (f) the provision of accommodation and other facilities for departments;

  • (g) the planning and coordination of telecommunications services for departments, boards and agencies of the Government of Canada;

  • (h) the provision to departments of advice on or services related to architectural or engineering matters affecting any public work, federal real property or federal immovable; and

  • (i) the provision to departments, boards and agencies of the Government of Canada of translation and related services.

  • 1996, c. 16, s. 6;
  • 2001, c. 4, s. 157.
Marginal note:Exercise of powers, etc.
  •  (1) In exercising the powers or performing the duties or functions assigned to the Minister under this or any other Act of Parliament, the Minister shall

    • (a) investigate and develop services for increasing the efficiency and economy of the federal public administration and for enhancing integrity and efficiency in the contracting process;

    • (b) acquire materiel and services in accordance with any applicable regulations relating to government contracts;

    • (c) plan and organize the provision of materiel and related services to departments including the preparation of specifications and standards, the cataloguing of materiel, the determination of aggregate requirements for materiel, the assuring of quality of materiel, and the maintenance, distribution, storage and disposal of materiel and other activities associated with the management of materiel; and

    • (d) provide such other services as the Governor in Council may direct.

  • Marginal note:Limitation

    (2) Notwithstanding paragraph (1)(c), the Minister’s power to manage materiel, as distinct from its acquisition, does not extend to the management, in an exclusively military supply system, of materiel essential for the conduct of military missions.

  • 1996, c. 16, s. 7;
  • 2003, c. 22, s. 224(E).
Marginal note:Delegation
  •  (1) The Minister may delegate any of the Minister’s powers, duties or functions under this Act to an appropriate minister for any period and under any terms and conditions that the Minister considers suitable.

  • Marginal note:Delegation

    (2) The Minister may, with respect to a department over which the Minister does not preside but for which the Minister is the appropriate minister, delegate any of the Minister’s powers, duties or functions under this Act, for any period and under any terms and conditions that the Minister considers suitable, to the chief executive of that department.

  • Marginal note:Subdelegation

    (3) The appropriate minister for a department may, subject to and in accordance with the delegation under subsection (1), subdelegate to the chief executive of that department, for any period and under any terms and conditions that the appropriate minister considers suitable, any of the powers, duties or functions that were delegated to the appropriate minister under that subsection.

  • Marginal note:Subdelegation

    (4) The chief executive of a department may, subject to and in accordance with the delegation under subsection (2) or the subdelegation under subsection (3), subdelegate to any person under his or her jurisdiction, for any period and under any terms and conditions that the chief executive considers suitable, any of the powers, duties or functions that were delegated or subdelegated to him or her under that subsection.

  • Definition of chief executive

    (5) In this section, chief executive

    • (a) with respect to a department named in Part I of Schedule VI to the Financial Administration Act, means its deputy minister;

    • (b) with respect to a department named in Part II or III of that Schedule, means the person occupying the position set out opposite that name; and

    • (c) with respect to a department that is not named in that Schedule, means the chief executive officer, deputy head or the person who occupies any other similar position, however called, in that department.

  • 1996, c. 16, s. 8;
  • 2007, c. 29, s. 152.
 
Date modified: