Marginal note:Responsibility for human resources management

• 11. (1) In respect of persons appointed under sections 8 and 10, the Commissioner is authorized to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraphs 7(1)(b) and (e) and section 11.1 of the Financial Administration Act, and those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations.

• Marginal note:Delegation of powers

  (2) The Commissioner may authorize any person employed in the federal public administration to exercise and perform, in any manner and subject to any terms and conditions that the Commissioner directs, any of the powers and functions of the Commissioner in relation to human resources management in the public service and may, from time to time as the Commissioner sees fit, revise or rescind and reinstate the authority so granted.

• Marginal note:President and employees

  (2) The President and the employees appointed under section 38 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 any regulations made under section 9 of the Aeronautics Act.

• (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,

• (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

• (f) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act;

Marginal note:Appointment of commissioners

6. The minister presiding over any department in the federal public administration may appoint, under the authority of the Governor in Council, a commissioner or commissioners to investigate and report on the state and management of the business, or any part of the business, of the department, either in the inside or outside service thereof, and the conduct of any person in that service, so far as the same relates to the official duties of the person.

Marginal note:Plan of organization

• 13. (1) The Board may, with the approval of the Treasury Board obtained on the recommendation of the Minister, formulate a plan of organization for the establishment and classification of the continuing positions necessary for the proper functioning of the Board and the establishment of rates of compensation for each class of position, having regard to the rates of compensation and conditions of employment for comparable positions outside the federal public administration and in other branches of the federal public administration.

• (a) the Treasury Board, in relation to employees in any portion of the federal public administration specified in Schedule I or IV to the Financial Administration Act,

• (b) a separate agency named in Schedule V to the Financial Administration Act, in relation to employees of that separate agency,

Marginal note:Responsibility for human resources management

13. In respect of persons appointed under section 11, the Superintendent is authorized to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraphs 7(1)(b) and (e) and section 11.1 of the Financial Administration Act, and those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations.

“federal institution”

« institution fédérale »

“federal institution” means a department or any other body referred to in Schedule I, I.1, II or III to the Financial Administration Act.

• 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.

• Marginal note:Human resources management

  (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply with respect to the Agency and the Chief Executive Officer may

  • (a) determine the organization of and classify the positions in the Agency;

  • (b) set the terms and conditions of employment, including termination of employment for cause, for employees and assign duties to them; and

  • (c) provide for any other matters that the Chief Executive Officer considers necessary for effective human resources management in the Agency.

Marginal note:Negotiation of collective agreements

15. Notwithstanding section 112 of the Public Service Labour Relations Act, the Chief Executive Officer 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 that is applicable to employees in that bargaining unit.