Shared Services Canada Act (S.C. 2012, c. 19, s. 711)

Act current to 2016-05-12

Shared Services Canada Act

S.C. 2012, c. 19, s. 711

Assented to 2012-06-29

An Act to establish Shared Services Canada

[Enacted by section 711 of chapter 19 of the Statutes of Canada, 2012, in force on assent June 29, 2012.]
Preamble

Recognizing that

the Government of Canada wishes to stand­ardize and consolidate, within a single shared services entity, certain administrative services that support government institutions; and

doing so will enable those services to be provided more effectively and will support the efficient use of public money;

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

Short Title

Marginal note:Short title

 This Act may be cited as the Shared Services Canada Act.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

Crown corporation

société d’État

Crown corporation has the same meaning as in subsection 83(1) 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)

President

président

President means the President of Shared Services Canada appointed under subsection 10(1). (président)

Designation of Minister

Marginal note:Power of Governor in Council

 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

Establishment

Marginal note:Establishment

 A department is established, called Shared Services Canada, for the purpose of assisting the Minister in providing the services specified under section 6.

Marginal note:Minister

 The Minister presides over Shared Services Canada and has the management and direction of it.

Powers, Duties and Functions

Marginal note:Governor in Council

 The Governor in Council may specify

  • (a) the services that the Minister must provide through Shared Services Canada;

  • (b) the services that the Minister may provide through Shared Services Canada;

  • (c) the departments that must obtain a service that is specified under paragraph (a) exclusively from the Minister through Shared Services Canada and that are not permitted to meet their requirement for that service internally;

  • (d) the departments and Crown corporations to which the Minister is permitted to provide services through Shared Services Canada;

  • (e) the departments and Crown corporations to which the Minister is not permitted to provide services through Shared Services Canada; and

  • (f) terms and conditions respecting the provision of the specified services.

Marginal note:Minister

 The Minister may, for the purpose of providing services under this Act, exercise any of the powers, duties or functions that are set out in paragraph 6(a), (b), (c) or (g) of the Department of Public Works and Government Services Act in respect of departments and Crown corporations to which those services are provided.

Marginal note:Governor in Council’s approval

 The Minister may — with the Governor in Council’s approval, given on a general or a specific basis — provide the services that are specified under paragraph 6(a) or (b) through Shared Services Canada to any person, organization or government, including a foreign government.

Marginal note:Charging for services

 The Minister may, subject to any regulations that the Treasury Board makes for the purposes of this section, charge for the services that are provided under this Act.

Organization and Head Office

Marginal note:President
  •  (1) The Governor in Council is to appoint a President of Shared Services Canada to hold office during pleasure.

  • Marginal note:Executive Vice-president

    (2) The Governor in Council may appoint an Executive Vice-president of Shared Services Canada to hold office during pleasure.

Marginal note:President
  •  (1) The President is the deputy head of Shared Services Canada.

  • Marginal note:Executive Vice-president

    (2) The Executive Vice-president is to act as President if that office is vacant or if the President is absent or incapacitated.

Marginal note:Remuneration

 The President and the Executive Vice-president are to be paid the remuneration that is fixed by the Governor in Council.

Marginal note:Head office

 The head office of Shared Services Canada is to be in the National Capital Region that is described in the schedule to the National Capital Act.

Human Resources

Marginal note:Appointment of employees

 The employees that are necessary for the conduct of Shared Services Canada’s work are to be appointed in accordance with the Public Service Employment Act.

General

Marginal note:Access to Information Act

 For greater certainty, for the purposes of the Access to Information Act, the records of other government institutions as defined in that Act or of other organizations that are, on behalf of those institutions or organizations, contained in or carried on Shared Services Canada’s information technology systems are not under the control of Shared Services Canada.

Marginal note:Privacy Act

 For greater certainty, for the purposes of the Privacy Act, personal information that is collected by other government institutions as defined in that Act or by other organizations and that is, on behalf of those institutions or organizations, contained in or carried on Shared Services Canada’s information technology systems is not under the control of Shared Services Canada.

Transitional Provisions

Definitions

Marginal note:Definitions

 The following definitions apply in sections 18 to 20.

former department

ancien ministère

former department means the portion of the federal public administration known as Shared Services Canada. (ancien ministère)

new department

nouveau ministère

new department means Shared Services Canada as established by section 4. (nouveau ministère)

Former Department

Marginal note:President
  •  (1) The person occupying the position of President of the former department on the day on which this section comes into force becomes President of the new department on that day and is deemed to have been appointed under subsection 10(1).

  • Marginal note:Employees

    (2) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former department, except that the employee is, on the coming into force of this section, to occupy that position in the new department.

  • Definition of employee

    (3) In subsection (2), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:Transfer of appropriations
  •  (1) Any amount that is appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the federal public administration’s charges and expenses for the former department that is unexpended on the day on which this section comes into force is deemed, on that day, to be an amount appropriated for defraying the federal public administration’s charges and expenses for the new department.

  • Marginal note:Transfer of powers, duties and functions

    (2) If a power, duty or function is vested in or exercisable by the former department’s President or an employee of the former department under any Act, order, rule or regulation, or any contract, lease, licence or other document, that power, duty or function is vested in or is exercisable by the new department’s President or an employee of the new department.

Marginal note:References
 
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