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

Act current to 2017-11-06 and last amended on 2017-06-22. Previous Versions

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, or perform any of the 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, Crown corporations, persons, organizations and governments to which those services are provided.

  • 2012, c. 19, s. 711 “7”;
  • 2017, c. 20, s. 113.
Marginal note:Delegation — appropriate Minister
  •  (1) For the purpose of providing services under this Act to a department through Shared Services Canada, the Minister may delegate any of his or her powers under section 7 in respect of that department, for any period and under any terms and conditions that he or she considers suitable, to that department’s appropriate Minister.

  • Marginal note:Delegation — chief executive

    (2) For the purpose of providing services under this Act, through Shared Services Canada, to a department over which the Minister does not preside but for which he or she is the appropriate Minister, the Minister may delegate any of his or her powers under section 7 in respect of that department, for any period and under any terms and conditions that he or she considers suitable, to that department’s chief executive.

  • Marginal note:Subdelegation — chief executive

    (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, the power that was delegated to him or her under that subsection.

  • Marginal note:Subdelegation — subordinate

    (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, the power that was delegated or subdelegated, as the case may be, to him or her under that subsection.

  • Marginal note:Definitions

    (5) The following definitions apply in this section.

    appropriate Minister

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

    chief executive

    chief executive means

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

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

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

  • 2017, c. 20, s. 113.
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.

Marginal note:Authorization
  •  (1) Despite the Governor in Council having specified, under paragraph 6(c), that a department must obtain a service that is specified under paragraph 6(a) exclusively from the Minister through Shared Services Canada and is not permitted to meet its requirement for that service internally, the Minister may, if the Minister considers that exceptional circumstances justify it, and under any terms and conditions that the Minister specifies,

    • (a) authorize that department to obtain part of that service other than from the Minister through Shared Services Canada, including by meeting its requirement for that part of the service internally; or

    • (b) authorize that department to obtain all of that service in respect of one or more portions of the department — but not all of the department — other than from the Minister through Shared Services Canada, including by meeting its requirement for that service internally.

  • Marginal note:Power exercised personally

    (2) The Minister must personally exercise the power that is set out in subsection (1).

  • Marginal note:Instructions

    (3) A department that is authorized, under subsection (1), to obtain all or part of a service other than from the Minister through Shared Services Canada, including by meeting its requirement for that service or that part of the service internally, must do so in accordance with any instructions that the Minister provides.

  • 2017, c. 20, s. 114.

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.

 
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