Public Service Modernization Act (S.C. 2003, c. 22)
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Assented to 2003-11-07
PART 5TRANSITIONAL
Division 3Transitional Provisions Arising from Part 3
Subdivision aTransitional Provisions Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3
Marginal note:Audits
74. (1) Any audit commenced under section 7.1 of the amended Act that has not been completed on the coming into force of section 17 of the new Act must be dealt with and disposed of in accordance with the amended Act.
Marginal note:Investigations
(2) Any investigation commenced under section 7.1 of the amended Act that has not been completed on the coming into force of section 66 of the new Act must be dealt with and disposed of in accordance with the amended Act.
Marginal note:Notice of lay-off
75. If, prior to the coming into force of section 64 of the new Act, an employee was informed under regulations made under subsection 29(1) of the amended Act that he or she would be laid off but was not laid off, section 29 of the amended Act continues to apply to the employee.
Marginal note:Employees on probation
76. (1) Every employee who was considered to be on probation under section 28 of the amended Act immediately prior to the coming into force of section 61 of the new Act continues to be on probation until the end of any period that was established by regulation under section 28 of the amended Act.
Marginal note:Rejection
(2) After the coming into force of section 62 of the new Act, subsection 28(2) of the amended Act continues to apply in respect of any employee who was considered to be on probation under section 28 of the former Act immediately before the coming into force of section 62 of the new Act.
Subdivision bTransitional Provisions Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3
Marginal note:Cessation of office
77. The President and members of the former Commission cease to hold office on the day on which subsection 3(1) of the amended Act comes into force.
Marginal note:Policies, delegation instruments, etc.
78. The regulations, policies, directives, instruments of delegation and other instruments issued by the former Commission before the day on which subsection 3(1) of the amended Act comes into force are deemed to be those of the new Commission on that day.
Marginal note:Status of Commission employees
79. Subject to subsections 87(2) and (3) of this Act, nothing in the amended Act affects the status of any person who was an employee of the former Commission immediately before the day on which subsection 3(1) of the amended Act comes into force, except that, as of that day, the person is an employee of the new Commission.
Marginal note:Rights and obligations transferred
80. All rights and property held by or in the name of or in trust for the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission.
Marginal note:References
81. Every reference to the former Commission in a deed, contract or other document executed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context otherwise requires.
Marginal note:Transfer of appropriations
82. Any amount appropriated, for the fiscal year that includes the day on which subsection 3(1) of the amended Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Commission and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Commission.
Marginal note:Continuation of legal proceedings
83. Any action, suit or other proceeding, to which the former Commission is a party, that is pending in any court on the day on which subsection 3(1) of the amended Act comes into force may be continued by or against the new Commission in the like manner and to the same extent as it could have been continued by or against the former Commission.
Marginal note:Inquiry
84. Any inquiry commenced under section 34 of the former Act that has not been completed on the coming into force of section 33.3 of the amended Act must be dealt with and disposed of in accordance with the former Act.
Division 4Transitional Provisions Arising from the Amendments to the Canadian Centre for Management Development Act in Part 4
Marginal note:References
85. (1) Every reference to the Canadian Centre for Management Development in any deed, contract, agreement, instrument or other document executed by the Canadian Centre for Management Development in its own name is to be read as a reference to the Canada School of Public Service, unless the context otherwise requires.
Marginal note:References — Principal
(2) Every reference to the Principal of the Canadian Centre for Management Development in a document referred to in subsection (1) is to be read as a reference to the President of the Canada School of Public Service, unless the context otherwise requires.
Marginal note:Continuation of rights and property
(3) All rights and property of the Canadian Centre for Management Development continue to be the rights and property of the Canada School of Public Service.
Marginal note:Continuation of obligations and liabilities
(4) All obligations and liabilities of the Canadian Centre for Management Development continue to be the obligations and liabilities of the Canada School of Public Service.
Marginal note:Continuation of proceedings
(5) Any action, suit or other legal or administrative proceeding to which the Canadian Centre for Management Development is a party that is pending on the coming into force of this section may be continued by or against the Canada School of Public Service in a similar manner and to the same extent as it would have been continued by or against the Canadian Centre for Management Development.
Marginal note:Transitional — governors
86. The governors of the Canadian Centre for Management Development who, immediately before the coming into force of this section, held office under subsection 8(1) of the Canadian Centre for Management Development Act continue in office as governors of the Canada School of Public Service for the remainder of the term for which they were appointed.
Marginal note:Transitional — employees
87. (1) Nothing in Part 4 of this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of that Part, occupied a position in the Canadian Centre for Management Development, except that the employee shall occupy that position in the Canada School of Public Service.
Marginal note:Transitional — TDC employees
(2) Each person employed in the Public Service Commission in the administrative unit known as “Training and Development Canada” assumes, on the coming into force of this section, a position in the Canada School of Public Service.
Marginal note:Transfer by Governor in Council
(3) The Governor in Council may, by order made on the recommendation of the Treasury Board after consultation with the Public Service Commission and the Canada School of Public Service, within one year after the coming into force of this section, transfer an employee of the Public Service Commission to the Canada School of Public Service if the Governor in Council is of the opinion that
(a) the employee is carrying out powers, duties and functions that are in whole or in part in support of or related to the powers, duties and functions of persons referred to in subsection (2); and
(b) it is in the best interests of the Public Service to do so.
Marginal note:Status unchanged
(4) Nothing in subsections (2) and (3) shall be construed as affecting the status of
(a) a person referred to in subsection (2) who, immediately before the coming into force of that subsection, occupied a position in Training and Development Canada; and
(b) an employee transferred by an order made under subsection (3).
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
R.S., c. A-1Access to Information Act
88. The reference to “Public Service Staff Relations Board” under the heading “Other Government Institutions” in Schedule I to the Access to Information Act is replaced by a reference to “Public Service Labour Relations Board”.
R.S., c. A-2Aeronautics Act
Marginal note:R.S., c. 33 (1st Supp.), s. 1
89. Subsection 9(1) of the Aeronautics Act is replaced by the following:
Marginal note:Regulations establishing compensation payable for death or injury
9. (1) The Governor in Council may make regulations establishing the compensation to be paid and the persons to whom and the manner in which such compensation shall be payable for the death or injury of any person employed in the federal public administration or employed under the direction of any department in the federal public administration that results directly from a flight undertaken by that person in the course of duty in the federal public administration.
R.S, c. A-17Auditor General Act
90. Subsection 13(1) of the English version of the Auditor General Act is replaced by the following:
Marginal note:Access to information
13. (1) Except as provided by any other Act of Parliament that expressly refers to this subsection, the Auditor General is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and he or she is also entitled to require and receive from members of the federal public administration any information, reports and explanations that he or she considers necessary for that purpose.
91. Subsection 15(4) of the Act is repealed.
92. Section 16 of the Act is replaced by the following:
Marginal note:Responsibility for human resources management
16. The Auditor General is authorized, in respect of persons appointed in his or her office, to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraph 7(1)(e) and section 11.1 of the Financial Administration Act, as well as 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
16.1 (1) 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 in relation to human resources management.
Marginal note:Sub-delegation
(2) Any person authorized under subsection (1) 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.
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