Public Service Modernization Act (S.C. 2003, c. 22)
Full Document:
Assented to 2003-11-07
Bill C-17
281. If Bill C-17, introduced in the 2nd Session of the 37th Parliament and entitled the Public Safety Act, 2002 (the “other Act”), receives royal assent, then, on the later of the coming into force of section 17 of the Biological and Toxin Weapons Convention Implementation Act, as enacted by section 106 of the other Act, and the coming into force of section 8 of this Act, paragraphs 17(a) and (b) of the English version of the Biological and Toxin Weapons Convention Implementation Act are replaced by the following:
(a) provide such information, at such times and in such form, as may be specified by the regulations, to the responsible authority or to any other portion of the federal public administration specified by the regulations; and
(b) keep and maintain in Canada the documents specified by the regulations, at the person’s place of business or at such other place as may be designated by the Minister, in the manner and for the period that is specified by the regulations and, on request by the Minister or the responsible authority, provide the documents to the responsible authority or to any other portion of the federal public administration specified by the regulations.
Bill C-18
282. (1) Subsections (2) to (10) apply if Bill C-18, introduced in the 2nd Session of the 37th Parliament and entitled the Citizenship of Canada Act (the “other Act”), receives royal assent.
(2) On the later of the coming into force of subsection 7(3) of the other Act and the coming into force of section 8 of this Act, subsection 7(3) of the English version of the other Act is replaced by the following:
Marginal note:Treated as present in Canada
(3) For the purposes of paragraph (1)(b), a day on which an applicant for citizenship was a permanent resident residing with their spouse or common-law partner who was a citizen engaged, other than as a locally engaged person, for service or employment outside Canada in or with the Canadian Forces or the federal public administration or the public service of a province is to be treated as a day on which the applicant was physically present in Canada.
(3) On the later of the coming into force of subsection 19(2) of the other Act and the coming into force of section 8 of this Act, subsection 19(2) of the English version of the other Act is replaced by the following:
Marginal note:Treated as present in Canada
(2) For the purposes of paragraph (1)(b), a day on which an applicant for citizenship was a permanent resident residing with their spouse or common-law partner who was a citizen engaged, other than as a locally engaged person, for service or employment outside Canada in or with the Canadian Forces or the federal public administration or the public service of a province is to be treated as a day on which the applicant was physically present in Canada.
(4) On the later of the coming into force of subsection 31(5) of the other Act and the coming into force of section 8 of this Act, subsection 31(5) of the English version of the other Act is replaced by the following:
Marginal note:Compensation
(5) A Citizenship Commissioner is deemed to be an employee 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.
(5) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, paragraph 18(1)(a) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, is replaced by the following:
(a) be a Canadian citizen within the meaning of the Citizenship of Canada Act or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
(6) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, subsection 4(2) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following:
Marginal note:Eligibility
(2) In order to be eligible to hold office as a Commissioner, a person must be a Canadian citizen within the meaning of the Citizenship of Canada Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act.
(7) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, paragraph 39(1)(c) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following:
(c) a Canadian citizen, within the meaning of the Citizenship of Canada Act, in any case where a person who is not a Canadian citizen is also a candidate.
(8) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, paragraph 88(3)(a) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following:
(a) be a Canadian citizen within the meaning of the Citizenship of Canada Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act; and
(9) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, subsection 3(2) of the Public Service Employment Act, chapter P-33 of the Revised Statutes of Canada, 1985, as enacted by section 14 of this Act, is replaced by the following:
Marginal note:Eligibility
(2) In order to be eligible to hold office as a Commissioner, a person must be a Canadian citizen within the meaning of the Citizenship of Canada Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act.
(10) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, paragraph 49(2)(a) of the Public Service Employment Act, chapter P-33 of the Revised Statutes of Canada, 1985, as enacted by section 19 of this Act, is replaced by the following:
(a) be a Canadian citizen within the meaning of the Citizenship of Canada Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act; and
Bill C-19
283. (1) Subsections (2) and (3) apply if Bill C-19, introduced in the 2nd Session of the 37th Parliament and entitled the First Nations Fiscal and Statistical Management Act (the “other Act”), receives royal assent.
(2) On the later of the coming into force of subsection 58(1) of the other Act and the coming into force of section 8 of this Act, subsection 58(1) of the English version of the other Act is replaced by the following:
Marginal note:Not agent of Her Majesty
58. (1) The Authority 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.
(3) On the later of the coming into force of subsection 113(1) of the other Act and the coming into force of section 8 of this Act, subsection 113(1) of the English version of the other Act is replaced by the following:
Marginal note:Exclusion from federal public administration
113. (1) The officers and employees of an institution are not part of the federal public administration.
PART 8REPEALS
284. The Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985, or any of its provisions, is repealed on a day or days to be fixed by order of the Governor in Council.
285. The Public Service Staff Relations Act, being chapter P-35 of the Revised Statutes of Canada, 1985, or any of its provisions, is repealed on a day or days to be fixed by order of the Governor in Council.
PART 9COMING INTO FORCE
Marginal note:Coming into force
286. (1) Subject to subsection (2), the provisions of this Act, other than sections 1 and 262 to 285, or the provisions of any Act enacted by this Act, come into force on a day or days fixed by order of the Governor in Council.
Marginal note:Part 2 of the Public Service Labour Relations Act
(2) Part 2 of the Public Service Labour Relations Act, as enacted by section 2 of this Act, or any provision of that Part, comes into force on a day or days to be fixed by order of the Governor in Council, made on the recommendation of the Minister, within the meaning of subsection 2(1) of that Act, after consultation with the Chairperson of the Public Service Labour Relations Board appointed under section 12 of that Act.
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