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

Assented to 2003-11-07

PART 6CONSEQUENTIAL AMENDMENTS

Division 2Consequential Amendments Arising from Part 3

R.S., c. N-8National Film Act

 Subsection 13(3) of the National Film Act is replaced by the following:

  • Marginal note:Appointment of employees

    (3) Subject to the plan of organization approved under this section, the Board may appoint persons for a term or during pleasure to fill the positions established by the plan, prescribe their conditions of employment and provide for their promotion, salary and salary increases, but the provisions of the Public Service Employment Act relating to political activities and, where applicable, the condition of employment relating to payment of gratuity on death pursuant to the Financial Administration Act apply to the persons appointed under this section.

1998, c. 31Parks Canada Agency Act

 Subsection 14(1) of the Parks Canada Agency Act is replaced by the following:

Marginal note:Political activities
  • 14. (1) For the purposes of Part 7 of the Public Service Employment Act, the Chief Executive Officer is deemed to be a deputy head, and an employee is deemed to be an employee, within the meaning of subsection 2(1) of that Act.

2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

 Section 50 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

Marginal note:Political activities

50. Part 7 of the Public Service Employment Act applies to the Director and employees of the Centre. For the purposes of that Part, the Director is deemed to be a deputy head, and the employees are deemed to be employees, as defined in subsection 2(1) of that Act.

Section 2 of this ActPublic Service Labour Relations Act

 Subsection 2(4) of the Public Service Labour Relations Act is replaced by the following:

  • Marginal note:Casual employment

    (4) For the purposes of paragraph (f) of the definition “employee” in subsection (1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right to make appointments is employed on a casual basis if the person was appointed under section 50 of the Public Service Employment Act.

1992, c. 30Referendum Act

 Subsection 32(2) of the Referendum Act is replaced by the following:

  • Marginal note:Participation not precluded

    (2) Part 7 of the Public Service Employment Act is not to be construed or applied so as to restrict the right of a public servant to participate fully in respect of a referendum.

R.S.C. 1970, c. V-2Veterans Benefit Act

Marginal note:2000, c. 34, s. 57(1)
  •  (1) The portion of subsection 9(1) of the Veterans Benefit Act before paragraph (a) is replaced by the following:

    Marginal note:Korean War veterans
  • Marginal note:2000, c. 34, s. 57(2)

    (2) The portion of subsection 9(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Korean War veterans pensioned for disability

      (2) Paragraph 39(1)(a) of the Public Service Employment Act applies to every person who

Subdivision bConsequential Amendments Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3

R.S., c. A-1Access to Information Act

 Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Public Service Staffing Tribunal

    Tribunal de la dotation de la fonction publique

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

 Schedule I.1 to the Financial Administration Act is amended by adding, in alphabetical order in column I, a reference to

  • Public Service Staffing Tribunal

    Tribunal de la dotation de la fonction publique

and a corresponding reference in column II to the “President of the Queen’s Privy Council for Canada”.

R.S., c. P-21Privacy Act

 The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Public Service Staffing Tribunal

    Tribunal de la dotation de la fonction publique

R.S., c. P-35Public Service Staff Relations Act

 Part I of Schedule I to the Public Service Staff Relations Act is amended by adding the following in alphabetical order:

  • Public Service Staffing Tribunal

    Tribunal de la dotation de la fonction publique

R.S., c. P-36Public Service Superannuation Act

 Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

  • Public Service Staffing Tribunal

    Tribunal de la dotation de la fonction publique

Division 3Consequential Amendments Arising from the Amendments to the Canadian Centre for Management Development Act in Part 4

R.S., c. A-1Access to Information Act

Marginal note:1991, c. 16, s. 21

 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:

  • Canadian Centre for Management Development

    Centre canadien de gestion

 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Canada School of Public Service

    École de la fonction publique du Canada

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

Marginal note:1991, c. 16, s. 22

 Schedule II to the Financial Administration Act is amended by striking out the following:

  • Canadian Centre for Management Development

    Centre canadien de gestion

 Schedule II to the Act is amended by adding the following in alphabetical order:

  • Canada School of Public Service

    École de la fonction publique du Canada

R.S., c. P-21Privacy Act

Marginal note:1991, c. 16, s. 23

 The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:

  • Canadian Centre for Management Development

    Centre canadien de gestion

 The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Canada School of Public Service

    École de la fonction publique du Canada

R.S., c. P-35Public Service Staff Relations Act

Marginal note:1991, c. 16, s. 24

 Part I of Schedule I to the Public Service Staff Relations Act is amended by striking out the following:

  • Canadian Centre for Management Development

    Centre canadien de gestion

 Part I of Schedule I to the Act is amended by adding the following in alphabetical order:

  • Canada School of Public Service

    École de la fonction publique du Canada

R.S., c. P-36Public Service Superannuation Act

Marginal note:1991, c. 16, s. 25

 Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

  • Canadian Centre for Management Development

    Centre canadien de gestion

 Part I of Schedule I to the Act is amended by adding the following in alphabetical order:

  • Canada School of Public Service

    École de la fonction publique du Canada

R.S., c. R-8Revolving Funds Act

Marginal note:2002, c. 5, Sch. 1 (PSC), vote 121b

 Section 7 of the Revolving Funds Act is repealed.

PART 7COORDINATING AMENDMENTS

Public Service Modernization Act

 If section 14 of the Courts Administration Services Act (the “other Act”) comes into force before the day on which section 167 of this Act comes into force, then on the later of the day on which this Act receives Royal Assent and the day on which section 14 of the other Act comes into force, section 167 of this Act and the heading before it are replaced by the following:

Marginal note:R.S., c. F-7; 2002, c. 7, s. 14
Federal Courts Act
Marginal note:1990, c. 8, s. 8

167. Paragraph 28(1)(i) of the English version of the Federal Courts Act is replaced by the following:

263. If section 14 of the Courts Administration Services Act (the “other Act”) comes into force before paragraph 225(w) of this Act, then on the later of the day on which this Act receives Royal Assent and the day on which section 14 of the other Act comes into force, paragraph 225(w) of this Act is replaced by the following:

 

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