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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

Terminology Changes

226. The amendments made by this Part to replace the expressions “public service of Canada” and “Public Service” by the expressions “federal public administration” and “public service”, respectively, are to be considered as terminology changes only and are not to be held to operate as new law.

Division 2Consequential Amendments Arising from Part 3

Subdivision aConsequential Amendments Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3

R.S., c. A-17Auditor General Act

Marginal note:1992, c. 54, s. 79; s. 92 of this Act

227. Section 15 of the Auditor General Act is replaced by the following:

Marginal note:Officers, etc.

  • 15. (1) The officers and employees that are necessary to enable the Auditor General to perform his or her duties are to be appointed in accordance with the Public Service Employment Act and, subject to subsections (2) to (5), the provisions of that Act apply to those offices and employees.

  • Marginal note:Public Service Employment Act — employer and deputy head

    (2) The Auditor General may exercise the powers and perform the functions of the employer and deputy head under the Public Service Employment Act within the meaning of those terms in subsection 2(1) of that Act.

  • Marginal note:Public Service Employment Act — Commission

    (3) The Auditor General may, in the manner and subject to the terms and conditions that the Public Service Commission directs, exercise the powers and perform the functions of that Commission under the Public Service Employment Act, other than its powers and functions in relation to the hearing of allegations by a candidate under sections 118 and 119 of that Act and its power to make regulations.

  • Marginal note:Delegation

    (4) The Auditor General may authorize any person employed in his or her office to exercise and perform, in any manner and subject to any terms and conditions that he or she directs, any of his or her powers and functions under subsections (2) and (3).

  • Marginal note:Sub-delegation

    (5) Any person authorized under subsection (4) may, subject to and in accordance with the authorization, authorize one or more persons under that person’s jurisdiction to exercise any power or perform any function to which the authorization relates.

228. The Act is amended by adding the following after section 16.1:

Marginal note:Contract for professional services

16.2 Subject to any other Act of Parliament or regulations made under any Act of Parliament, but without the approval of the Treasury Board, the Auditor General may, within the total dollar limitations established for his or her office in appropriation Acts, contract for professional services.

1999, c. 17Canada Customs and Revenue Agency Act

229. Subsection 55(1) of the Canada Customs and Revenue Agency Act is replaced by the following:

Marginal note:Mobility to departments

  • 55. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of the Agency must be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act.

230. Section 57 of the Act is replaced by the following:

Marginal note:Political activities

57. Part 7 of the Public Service Employment Act applies to the Commissioner, Deputy Commissioner and employees of the Agency. For the purposes of that Part, the Commissioner and Deputy Commissioner are deemed to be deputy heads as defined in subsection 2(1) of that Act and the employees of the Agency are deemed to be employees as defined in that subsection.

1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act

231. The portion of subsection 25(4) of the Canada-Newfoundland Atlantic Accord Implementation Act before paragraph (a) is replaced by the following:

  • Marginal note:Mobility of staff

    (4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act,

1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

232. The portion of subsection 26(4) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act before paragraph (a) is replaced by the following:

  • Marginal note:Mobility of staff

    (4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act,

2000, c. 6Canadian Institutes of Health Research Act

233. Section 24 of the Canadian Institutes of Health Research Act is replaced by the following:

Marginal note:Part 7 of the Public Service Employment Act

24. For the purposes of Part 7 of the Public Service Employment Act, the President is deemed to be a deputy head as defined in subsection 2(1) of that Act and an employee of the CIHR is deemed to be an employee as defined in subsection 2(1) of that Act.

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

234. Subparagraph 8(1)(b)(ii) of the Canadian Security Intelligence Service Act is replaced by the following:

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

1990, c. 13Canadian Space Agency Act

235. 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.

1995, c. 44Employment Equity Act

236. Subsections 4(5) and (6) of the English version of the Employment Equity Act are replaced by the following:

  • Marginal note:Deemed employer

    (5) Every portion of the public sector referred to in paragraphs (1)(c) and (d) is deemed to be an employer for the purposes of this Act in relation to employees employed in that portion except that, with respect to any of those portions for which the Public Service Commission exercises any power or performs any function under the Public Service Employment Act, the Public Service Commission and that portion are responsible for carrying out the obligations of an employer under this Act.

  • Marginal note:References to employer

    (6) In this Act, a reference to an employer is deemed, in relation to those portions of the public sector referred to in

    • (a) paragraph (1)(b), to be a reference to the Treasury Board and the Public Service Commission, each acting within the scope of its powers and functions under the Financial Administration Act and the Public Service Employment Act; and

    • (b) paragraphs (1)(c) and (d) for which the Public Service Commission exercises any power or performs any function under the Public Service Employment Act, to be a reference to the employer and the Public Service Commission.

  • 237. (1) Paragraph 6(b) of the Act is replaced by the following:

    • (b) to hire or promote persons who do not meet the essential qualifications for the work to be performed;

  • (2) Paragraph 6(c) of the English version of the Act is replaced by the following:

    • (c) with respect to the public sector, to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit; or

  • 238. (1) Paragraph 33(1)(b) of the Act is replaced by the following:

    • (b) require an employer to hire or promote persons who do not meet the essential qualifications for the work to be performed;

  • (2) Paragraph 33(1)(c) of the English version of the Act is replaced by the following:

    • (c) with respect to the public sector, require an employer to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit, or impose on the Public Service Commission an obligation to exercise its discretion regarding exclusion orders or regulations;

R.S., c. F-11Financial Administration Act

Marginal note:Section 8 of this Act

239. Subsection 12.4(2) of the Financial Administration Act is replaced by the following:

  • Marginal note:Consolidation of reports

    (2) The President of the Treasury Board may, in respect of any fiscal year, prepare a single report concerning the matters referred to in subsection (1) and those referred to in subsections 21(1) and (2) of the Employment Equity Act or those referred to in section 28 of the Public Service Employment Act if he or she considers it appropriate to do so.

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