Financial Administration Act

Marginal note:Powers of the Treasury Board

• 11.1 (1) In the exercise of its human resources management responsibilities under paragraph 7(1)(e), the Treasury Board may

  • (a) determine the human resources requirements of the public service and provide for the allocation and effective utilization of human resources in the public service;

  • (b) provide for the classification of positions and persons employed in the public service;

  • (c) determine and regulate the pay to which persons employed in the public service are entitled for services rendered, the hours of work and leave of those persons and any related matters;

  • (d) determine and regulate the payments that may be made to persons employed in the public service by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;

  • (e) subject to the Employment Equity Act, establish policies and programs with respect to the implementation of employment equity in the public service;

  • (f) establish policies or issue directives respecting the exercise of the powers granted by this Act to deputy heads in the core public administration and the reporting by those deputy heads in respect of the exercise of those powers;

  • (g) establish policies or issue directives respecting

    • (i) the manner in which deputy heads in the core public administration may deal with grievances under the Federal Public Sector Labour Relations Act to which they are a party, and the manner in which they may deal with them if the grievances are referred to adjudication under subsection 209(1) or 238.25(1) of that Act, and

    • (ii) the reporting by those deputy heads in respect of those grievances;

  • (h) establish policies or issue directives respecting the disclosure by persons employed in the public service of information concerning wrongdoing in the public service and the protection from reprisal of persons who disclose such information in accordance with those policies or directives;

  • (i) establish policies or issue directives respecting the prevention of harassment in the workplace and the resolution of disputes relating to such harassment; and

  • (j) provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that it considers necessary for effective human resources management in the public service.

• Marginal note:Limitation

  (2) The powers of the Treasury Board in relation to any of the matters specified in subsection (1)

  • (a) do not extend to any matter that is expressly determined, fixed, provided for, regulated or established by any Act otherwise than by the conferring of powers in relation to those matters on any authority or person specified in that Act; and

  • (b) do not include or extend to

    • (i) any power specifically conferred on the Public Service Commission under the Public Service Employment Act,

    • (ii) any process of human resources selection required to be used under the Public Service Employment Act or authorized to be used by the Public Service Commission under that Act, or

    • (iii) any power specifically conferred on the Commissioner of the Royal Canadian Mounted Police under paragraph 20.2(1)(l) of the Royal Canadian Mounted Police Act.