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

Assented to 2003-11-07

PART 7COORDINATING AMENDMENTS

Section 2 of this ActPublic Service Labour Relations Act

274. On the later of the day on which this Act receives royal assent and the day on which section 14 of the Courts Administration Service Act comes into force, subsection 51(1) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, is replaced by the following:

Marginal note:Orders not to be reviewed by court

  • 51. (1) Subject to this Part, every order or decision of the Board is final and may not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

275. On the later of the day on which this Act receives royal assent and the day on which section 16 of the Courts Administration Service Act comes into force, paragraph 59(1)(a) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, is replaced by the following:

  • (a) the position is confidential to the Governor General, a Minister of the Crown, a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, or a deputy head;

2002, c. 7Yukon Act

276. If section 17 of this Act comes into force before section 1 of the Yukon Act (the “other Act”), being chapter 7 of the Statutes of Canada, 2002, then, on the day on which section 17 of this Act comes into force, the heading before section 229 and sections 229 and 230 of the other Act are repealed.

Bill C-2

277. If Bill C-2, introduced in the 2nd Session of the 37th Parliament and entitled the Yukon Environmental and Socio-economic Assessment Act (the “other Act”), receives royal assent, then, on the later of the coming into force of subsection 14(3) of the other Act and the coming into force of section 8 of this Act, subsection 14(3) of the English version of the other Act is replaced by the following:

  • Marginal note:Benefits

    (3) The members of the Board and its employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Bill C-6

  • 278. (1) Subsections (2) to (9) apply if Bill C-6, introduced in the 2nd Session of the 37th Parliament and entitled the Specific Claims Resolution Act (the “other Act”), receives royal assent.

  • (2) On the later of the coming into force of subsection 8(7) of the other Act and the coming into force of section 8 of this Act, subsection 8(7) of the English version of the other Act is replaced by the following:

  • (3) On the later of the coming into force of section 10 of the other Act and the coming into force of the definition “separate agency” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, section 10 of the other Act and the heading before it are replaced by the following:

    Human Resources Management

    Marginal note:Separate agency

    10. The Centre is a separate agency under the Public Service Labour Relations Act.

  • (4) On the later of the coming into force of subsection 13(1) of the other Act and the coming into force of section 35 of the Public Service Employment Act, as enacted by section 12 of this Act, subsection 13(1) of the other Act is replaced by the following:

    Marginal note:Mobility to departments

    • 13. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes held, under the Public Service Employment Act, employees of the Centre 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.

  • (5) On the later of the coming into force of section 15 of the other Act and the coming into force of section 111 of the Public Service Employment Act, as enacted by section 12 of this Act, section 15 of the other Act is replaced by the following:

    Marginal note:Political activities

    15. Part 7 of the Public Service Employment Act applies to the Chief Executive Officer, commissioners, adjudicators and employees of the Centre as if the Chief Executive Officer, commissioners and adjudicators were deputy heads, and the employees were employees, as defined in subsection 2(1) of that Act.

  • (6) On the later of the coming into force of subsection 21(4) of the other Act and the coming into force of section 8 of this Act, subsection 21(4) of the English version of the other Act is replaced by the following:

  • (7) On the later of the coming into force of subsection 42(4) of the other Act and the coming into force of section 8 of this Act, subsection 42(4) of the English version of the other Act is replaced by the following:

  • (8) If section 82 of the other Act is not in force on the day on which section 11 of this Act comes into force, then, on that day,

    • (a) the other Act is amended by adding the following after section 80:

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

      • Canadian Centre for the Independent Resolution of First Nations Specific Claims

        Centre canadien du règlement indépendant des revendications particulières des premières nations

    • (b) section 82 of the other Act and the heading before it are repealed.

  • (9) If section 11 of this Act is not in force on the day on which section 82 of the other Act comes into force, then, on that day, Schedule V to the Financial Administration Act, as enacted by section 11 of this Act, is amended by adding the following in alphabetical order:

    • Canadian Centre for the Independent Resolution of First Nations Specific Claims

      Centre canadien du règlement indépendant des revendications particulières des premières nations

Bill C-12

279. If Bill C-12, introduced in the 2nd Session of the 37th Parliament and entitled the Physical Activity and Sport Act (the “other Act”), receives royal assent, then, on the later of the day on which section 26 of the other Act comes into force and the day on which the definition “public service” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, comes into force, section 26 of the English version of the other Act is replaced by the following:

Marginal note:Status

26. Directors, officers and employees of the Centre are deemed not to be employees of the federal public administration and, for the purposes of the Public Service Superannuation Act, are deemed not to be employed in the public service.

Bill C-13

  • 280. (1) Subsections (2) to (4) apply if Bill C-13, introduced in the 2nd Session of the 37th Parliament and entitled the Assisted Human Reproduction Act (the “other Act”), receives royal assent.

  • (2) On the later of the coming into force of section 29 of the other Act and the coming into force of section 8 of this Act, paragraph 29(b) of the English version of the other Act is replaced by the following:

  • (3) If section 76 of the other Act is not in force on the day on which section 11 of this Act comes into force, then, on that day,

    • (a) the other Act is amended by adding the following after section 74:

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

      • Assisted Human Reproduction Agency of Canada

        Agence canadienne de contrôle de la procréation assistée

    • (b) section 76 of the other Act and the heading before it are repealed.

  • (4) If section 11 of this Act is not in force on the day on which section 76 of the other Act comes into force, then, on that day, Schedule V to the Financial Administration Act, as enacted by section 11 of this Act, is amended by adding the following in alphabetical order:

    • Assisted Human Reproduction Agency of Canada

      Agence canadienne de contrôle de la procréation assistée

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