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

Assented to 2003-11-07

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

2000, c. 6Canadian Institutes of Health Research Act

140. Section 18 of the Act is replaced by the following:

Marginal note:Collective agreements

18. Notwithstanding section 112 of the Public Service Labour Relations Act, the Governing Council may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees of the CIHR that is applicable to employees of that bargaining unit.

141. Section 25 of the English version of the Act is replaced by the following:

Marginal note:Benefits

25. The employees of the CIHR are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act.

R.S., c. C-21; 2001, c. 9, s. 218Canadian Payments Act

Marginal note:2001, c. 9, s. 227(2)

142. Paragraph 9(1.2)(b) of the English version of the Canadian Payments Act is replaced by the following:

  • (b) employed in any capacity in the federal public administration or the public service of a province or holds any office or position for which any salary or other remuneration is payable out of public moneys; or

R.S., c. C-23Canadian Security Intelligence Service Act

  • 143. (1) Subsection 8(1) of the Canadian Security Intelligence Service Act is replaced by the following:

    Marginal note:Powers and functions of Director

    • 8. (1) Notwithstanding the Financial Administration Act and the Public Service Employment Act, the Director has exclusive authority to appoint employees and, in relation to the human resources management of employees, other than persons attached or seconded to the Service as employees,

      • (a) to provide for the terms and conditions of their employment; and

      • (b) subject to the regulations,

        • (i) to exercise the powers and perform the functions of the Treasury Board relating to human resources management under the Financial Administration Act, and

        • (ii) to exercise the powers and perform the functions assigned to the Public Service Commission by or pursuant to the Public Service Employment Act.

  • (2) Subsection 8(2) of the English version of the Act is replaced by the following:

    • Marginal note:Discipline and grievances of employees

      (2) Notwithstanding the Public Service Labour Relations Act but subject to subsection (3) and the regulations, the Director may establish procedures respecting the conduct and discipline of, and the presentation, consideration and adjudication of grievances in relation to, employees, other than persons attached or seconded to the Service as employees.

  • (3) Subsection 8(3) of the Act is replaced by the following:

    • Marginal note:Adjudication of employee grievances

      (3) When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of the Public Service Labour Relations Board established under section 12 of the Public Service Labour Relations Act.

144. The portion of subsection 9(1) of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Process for resolution of disputes of support staff
Marginal note:1996, c. 18, s. 2; 1999, c. 26, s. 17

145. Section 9.1 of the Act is repealed.

146. Subsection 41(2) of the English version of the Act is replaced by the following:

  • Marginal note:Other redress available

    (2) The Review Committee shall not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established pursuant to this Act or the Public Service Labour Relations Act.

1990, c. 13Canadian Space Agency Act

147. Subsection 16(4) of the Canadian Space Agency Act is replaced by the following:

  • Marginal note:Acts and regulations applicable

    (4) Each person employed in the Agency pursuant to 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 pursuant to section 9 of the Aeronautics Act, and to be employed in the public service for the purposes of the Public Service Superannuation Act and for the purposes of being eligible to enter competitions under the Public Service Employment Act and of sections 11 and 13 of the last-named Act.

1992, c. 48, Sch.Children’s Special Allowances Act

Marginal note:1995, c. 33, s. 48

148. Subsection 12(2) of the Children’s Special Allowances Act is replaced by the following:

  • Marginal note:Acceptance of oaths, etc.

    (2) The Minister may accept, for the purposes of the administration of this Act or the regulations, any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits.

R.S., c. C-29Citizenship Act

Marginal note:R.S., c. 44 (3rd Supp.), s. 1

149. Subsection 5(1.1) of the English version of the Citizenship Act is replaced by the following:

  • Marginal note:Residence

    (1.1) Any day during which an applicant for citizenship resided with the applicant’s spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).

1996, c. 20Civil Air Navigation Services Commercialization Act

150. The definition “Public Service” in subsection 2(1) of the English version of the Civil Air Navigation Services Commercialization Act is replaced by the following:

“public service”

« fonction publique »

“public service” has the same meaning as in subsection 2(1) of the Public Service Labour Relations Act.

151. Section 97 of the Act is replaced by the following:

Marginal note:Authority to provide services

97. Where a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to any other department in, or other portion of, the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Corporation if it considers it appropriate to do so.

1980-81-82-83, c. 108Cooperative Energy Act

152. Section 11 of the Cooperative Energy Act is replaced by the following:

Marginal note:Not agent of Her Majesty

11. The Corporation is not an agent of Her Majesty, or a Crown Corporation within the meaning of the Financial Administration Act, and its officers and employees are not part of the federal public administration.

153. Section 21 of the Act is replaced by the following:

Marginal note:Not agent of Her Majesty

21. The Development Corporation is not an agent of Her Majesty, or a Crown Corporation within the meaning of the Financial Administration Act, and its officers and employees are not part of the federal public administration.

R.S., c. C-42Copyright Act

Marginal note:R.S., c. 10 (4th Supp.), s. 12

154. Subsection 66(6) of the English version of the Copyright Act is replaced by the following:

  • Marginal note:Prohibition

    (6) A member of the Board shall not be employed in the public service within the meaning of the Public Service Labour Relations Act during the member’s term of office.

1992, c. 20Corrections and Conditional Release Act

Marginal note:1995, c. 42, s. 26(2)

155. The definition “working day” in subsection 99(1) of the Corrections and Conditional Release Act is replaced by the following:

“working day”

« jour ouvrable »

“working day” means a day on which offices in the federal public administration are generally open in the province in question.

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