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Parks Canada Agency Act (S.C. 1998, c. 31)

Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

Establishment of Agency (continued)

Marginal note:Additions to or deletions from the schedule

  •  (1) The Governor in Council may, by order, add to or delete from the schedule any Act of Parliament or regulation or part of an Act or regulation that relates to national parks, national historic sites, national marine conservation areas or other protected heritage areas or heritage protection programs.

  • Marginal note:Additions to or deletions from schedule

    (2) For the purposes of section 6.1, the Governor in Council may, by order, add to or delete from the schedule any Act of Parliament or regulation made under an Act of Parliament, or part of such an Act or regulation, that relates to the environment.

  • 1998, c. 31, s. 7
  • 2002, c. 18, s. 37
  • 2012, c. 19, s. 316

Marginal note:Ancillary powers

 The Agency may, in carrying out its responsibilities,

  • (a) enter into contracts, agreements, memoranda of understanding or other arrangements with a department or agency of the Government of Canada, with any other government or any of its agencies or with any person or organization in the name of Her Majesty in right of Canada or in its own name;

  • (b) acquire any property, including securities, by way of gift, bequest or other form of donation and, subject to the terms and conditions on which the property was acquired, hold, administer, expend, sell, exchange or otherwise dispose of the property;

  • (c) sell, exchange, loan or otherwise dispose of any personal property or moveables acquired, held or administered by the Agency;

  • (d) license, assign or otherwise make available any patent, copyright, industrial design, trademark, trade secret or other like property right held, controlled or administered by the Agency;

  • (e) publish, sell or otherwise disseminate studies, reports and other documents of the Agency; and

  • (f) do anything that is necessary or incidental to the furtherance of the purposes of the Agency.

  • 1998, c. 31, s. 8
  • 2014, c. 20, s. 366(E)

Marginal note:Convening round table

  •  (1) The Minister shall, at least once every two years, convene a round table of persons interested in matters for which the Agency is responsible to advise the Minister on the performance by the Agency of its responsibilities under section 6.

  • Marginal note:Response of Minister

    (2) The Minister shall respond within 180 days to any written recommendations submitted during a round table convened under subsection (1).

Marginal note:Choice of goods and services providers

 Notwithstanding section 9 of the Department of Public Works and Government Services Act, the Agency, with the approval given generally or in a specific case by the Governor in Council, on the recommendation of the Treasury Board, may procure goods and services, including legal services, from outside the federal public administration.

  • 1998, c. 31, s. 9
  • 2003, c. 22, s. 224(E)

Organization of Agency

Marginal note:Appointment

  •  (1) The Governor in Council shall appoint an officer, to be called the Chief Executive Officer, to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms.

  • Marginal note:Remuneration

    (2) The Chief Executive Officer shall be paid the remuneration that may be fixed by the Governor in Council.

Marginal note:Absence or incapacity

 In the event of the absence or incapacity of the Chief Executive Officer or a vacancy in that office, the Minister may appoint any person to exercise the powers and perform the duties and functions of the Chief Executive Officer, but no person may be so appointed for a term of more than ninety days without the approval of the Governor in Council.

Marginal note:Role of Chief Executive Officer

  •  (1) The Chief Executive Officer, under the direction of the Minister, has the control and management of the Agency and all matters connected with it.

  • Marginal note:Rank of deputy head

    (2) The Chief Executive Officer has the rank and all the powers of a deputy head of a department.

  • Marginal note:Guiding principles and operational policies

    (3) The Chief Executive Officer is responsible for preparing, for the Minister’s approval, guiding principles and operational policies for matters within the Agency’s responsibilities.

  • Marginal note:Delegation

    (4) The Chief Executive Officer may delegate to any person any power, duty or function conferred on the Chief Executive Officer under this Act or any other Act or regulation.

Human Resources

Marginal note:Personnel

  •  (1) The Chief Executive Officer has exclusive authority to

    • (a) appoint, lay-off or terminate the employment of the employees of the Agency; and

    • (b) establish standards, procedures and processes governing staffing, including the appointment, lay-off or termination of employment otherwise than for cause, of employees.

  • Marginal note:Right of employer

    (2) Nothing in the Federal Public Sector Labour Relations Act shall be construed to affect the right or authority of the Chief Executive Officer to deal with the matters referred to in paragraph (1)(b).

  • Marginal note:Human resources management

    (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply with respect to the Agency and the Chief Executive Officer may

    • (a) determine the organization of and classify the positions in the Agency;

    • (b) set the terms and conditions of employment, including termination of employment for cause, for employees and assign duties to them; and

    • (c) provide for any other matters that the Chief Executive Officer considers necessary for effective human resources management in the Agency.

  • 1998, c. 31, s. 13
  • 2003, c. 22, ss. 180, 223(E)
  • 2017, c. 9, s. 55

Marginal note:Political activities

  •  (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.

  • Marginal note:Services of the Public Service Commission

    (2) The Public Service Commission may, at the request of the Agency, provide any service to the Agency that it is authorized to provide to a department under the Public Service Employment Act or any other related service, and may recover from the Agency the costs incurred in providing the service, and the Commission is, for greater certainty, authorized to enter into arrangements with the Agency for those purposes.

  • 1998, c. 31, s. 14
  • 2003, c. 22, s. 241

Marginal note:Negotiation of collective agreements

 Notwithstanding section 112 of the Federal Public Sector Labour Relations Act, the Chief Executive Officer may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees that is applicable to employees in that bargaining unit.

  • 1998, c. 31, s. 15
  • 2003, c. 22, s. 181
  • 2017, c. 9, s. 55

General

Marginal note:Charter for the Agency

  •  (1) The Chief Executive Officer is responsible for establishing a charter for the Agency that sets out the values and principles governing

    • (a) the provision of services by the Agency to the public; and

    • (b) the management of the human resources of the Agency.

  • Marginal note:Available to the public

    (2) The charter established under subsection (1) shall be made available to the public.

Marginal note:Principal office

 The principal office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.

 
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