Public Service Modernization Act
S.C. 2003, c. 22
Assented to 2003-11-07
An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
1 This Act may be cited as the Public Service Modernization Act.
PART 1Public Service Labour Relations Act
2 The Public Service Labour Relations Act is enacted as follows:
[See Public Service Labour Relations Act]
PART 2Amendments to the Financial Administration Act
3 [Amendment]
4 [Amendment]
5 [Amendment]
6 [Amendment]
7 [Amendment]
8 [Amendment]
9 [Amendment]
10 [Amendment]
11 [Amendment]
PART 3Public Service Employment Act
DIVISION 1Enactment of Act
12 The Public Service Employment Act is enacted as follows:
[See Public Service Employment Act]
Marginal note:Schedule to the Public Service Employment Act
13 The schedule to the Public Service Employment Act enacted by section 12 of this Act is set out in Schedule 2 to this Act.
DIVISION 2Amendments to the Public Service Employment Act
14 [Amendment]
15 [Repealed before coming into force, 2008, c. 20, s. 3]
16 [Repealed before coming into force, 2008, c. 20, s. 3]
17 [Repealed before coming into force, 2008, c. 20, s. 3]
18 [Repealed before coming into force, 2008, c. 20, s. 3]
19 [Amendment]
20 [Repealed before coming into force, 2008, c. 20, s. 3]
PART 4Amendments to the Canadian Centre for Management Development Act
21 [Amendment]
22 [Amendment]
23 [Amendment]
24 [Amendment]
25 [Amendment]
26 [Amendment]
27 [Amendment]
28 [Amendment]
29 [Amendment]
30 [Amendment]
31 [Amendment]
32 [Amendment]
33 [Amendment]
34 [Amendment]
35 [Amendment]
PART 5Transitional
DIVISION 1Transitional Provisions Arising from the Enactment of the Public Service Labour Relations Act in Part 1
Interpretation
36 [Transitional provision]
Public Service Staff Relations Board
37 [Transitional provision]
38 [Transitional provision]
39 [Transitional provision]
40 [Transitional provision]
41 [Transitional provision]
42 [Transitional provision]
43 [Transitional provision]
44 [Transitional provision]
45 [Transitional provision]
46 [Transitional provision]
47 [Transitional provision]
Bargaining Agents and Bargaining Units
48 [Transitional provision]
49 [Transitional provision]
Managerial or Confidential Position
50 [Transitional provision]
Choice of Process for Dispute Resolution
51 [Transitional provision]
Collective Agreements and Arbitral Awards
52 [Transitional provision]
53 [Transitional provision]
Conciliators and Fact Finders
54 [Transitional provision]
55 [Transitional provision]
Alternate Dispute Resolution Process
56 [Transitional provision]
Arbitration
57 [Transitional provision]
Designations, Conciliation and Prohibitions
58 [Transitional provision]
Complaints
59 [Transitional provision]
60 [Transitional provision]
Grievances
61 [Transitional provision]
62 [Transitional provision]
63 [Transitional provision]
64 [Transitional provision]
65 [Transitional provision]
66 [Transitional provision]
DIVISION 2Transitional Provision Arising from the Amendments to the Financial Administration Act in Part 2
67 [Transitional provision]
DIVISION 3Transitional Provisions Arising from Part 3
68 [Transitional provision]
SUBDIVISION ATransitional Provisions Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3
69 [Transitional provision]
70 [Transitional provision]
71 [Transitional provision]
72 [Transitional provision]
73 [Transitional provision]
74 [Transitional provision]
75 [Transitional provision]
76 [Transitional provision]
SUBDIVISION BTransitional Provisions Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3
77 [Transitional provision]
78 [Transitional provision]
79 [Transitional provision]
80 [Transitional provision]
81 [Transitional provision]
82 [Transitional provision]
83 [Transitional provision]
84 [Repealed before coming into force, 2008, c. 20, s. 3]
DIVISION 4Transitional Provisions Arising from the Amendments to the Canadian Centre for Management Development Act in Part 4
85 [Transitional provision]
86 [Transitional provision]
87 [Transitional provision]
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
Access to Information Act
88 [Amendment]
Aeronautics Act
89 [Amendment]
Auditor General Act
90 [Amendment]
91 [Amendment]
92 [Amendment]
Bank of Canada Act
93 [Amendment]
94 [Amendment]
Canada Customs and Revenue Agency Act
95 [Amendment]
96 [Amendment]
97 [Amendment]
98 [Amendment]
99 [Amendment]
Canada Elections Act
100 [Amendment]
101 [Amendment]
102 [Amendment]
103 [Amendment]
Canada Evidence Act
104 [Amendment]
105 [Amendment]
Canada Grain Act
106 [Amendment]
Canada Labour Code
107 [Amendment]
108 [Amendment]
109 [Amendments]
110 [Amendment]
111 [Amendment]
112 [Amendment]
Canada Marine Act
113 [Amendment]
114 [Amendment]
Canada Mortgage and Housing Corporation Act
115 [Amendment]
116 [Amendment]
Canada-Newfoundland Atlantic Accord Implementation Act
117 [Amendment]
118 [Amendments]
119 [Amendment]
120 [Amendment]
121 [Amendment]
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
122 [Amendment]
123 [Amendments]
124 [Amendment]
125 [Amendment]
126 [Amendment]
Canada Oil and Gas Operations Act
127 [Amendment]
128 [Amendment]
Canada Pension Plan
129 [Amendment]
130 [Amendment]
Canada Petroleum Resources Act
131 [Amendment]
Canada School of Public Service Act
132 [Amendment]
132.1 [Amendment]
133 [Amendment]
Canadian Commercial Corporation Act
134 [Amendment]
Canadian Food Inspection Agency Act
135 [Amendment]
Canadian Forces Superannuation Act
136 [Amendment]
Canadian Human Rights Act
137 [Amendment]
Canadian Institutes of Health Research Act
138 [Amendment]
139 [Amendment]
140 [Amendment]
141 [Amendment]
Canadian Payments Act
142 [Amendment]
Canadian Security Intelligence Service Act
143 [Amendments]
144 [Amendment]
145 [Amendment]
146 [Amendment]
Canadian Space Agency Act
147 [Amendment]
Children’s Special Allowances Act
148 [Amendment]
Citizenship Act
149 [Amendment]
Civil Air Navigation Services Commercialization Act
150 [Amendment]
151 [Amendment]
Cooperative Energy Act
152 [Amendment]
153 [Amendment]
Copyright Act
154 [Amendment]
Corrections and Conditional Release Act
155 [Amendment]
Courts Administration Service Act
156 [Amendment]
157 [Amendment]
Defence Production Act
158 [Amendment]
159 [Amendment]
Department of Human Resources Development Act
160 [Amendment]
Department of Veterans Affairs Act
161 [Amendment]
Diplomatic Service (Special) Superannuation Act
162 [Amendment]
Employment Equity Act
163 [Amendment]
164 [Amendment]
165 [Amendment]
Farm Products Agencies Act
166 [Amendment]
Federal Court Act
167 [Amendment]
Financial Administration Act
168 [Amendment]
Financial Consumer Agency of Canada Act
169 [Amendment]
170 [Amendment]
Hazardous Materials Information Review Act
171 [Amendment]
Immigration and Refugee Protection Act
172 [Amendment]
173 [Amendment]
Inquiries Act
174 [Amendment]
National Film Act
175 [Amendment]
Non-smokers’ Health Act
176 [Amendment]
Office of the Superintendent of Financial Institutions Act
177 [Amendment]
Old Age Security Act
178 [Amendment]
179 [Amendment]
Parks Canada Agency Act
180 [Amendment]
181 [Amendment]
Parliamentary Employment and Staff Relations Act
182 [Amendments]
183 [Amendment]
184 [Amendment]
185 [Amendment]
186 [Amendment]
187 [Amendments]
Pension Act
188 [Amendment]
Privacy Act
189 [Amendment]
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
190 [Amendment]
191 [Amendment]
Public Service Employment Act
192 [Amendment]
193 [Amendments]
194 [Amendment]
195 [Amendment]
196 [Amendment]
197 [Amendment]
198 [Amendment]
199 [Amendment]
200 [Amendment]
201 [Amendment]
202 [Amendment]
203 [Amendment]
204 [Amendment]
205 [Amendment]
206 [Amendment]
Public Service Rearrangement and Transfer of Duties Act
207 [Amendment]
208 [Amendment]
Public Service Superannuation Act
209 [Amendment]
210 [Amendment]
211 [Amendments]
212 [Amendment]
213 [Amendment]
214 [Amendment]
Publication of Statutes Act
215 [Amendment]
Royal Canadian Mounted Police Act
216 [Amendment]
217 [Amendment]
Royal Canadian Mounted Police Superannuation Act
218 [Amendment]
Saguenay-St. Lawrence Marine Park Act
219 [Amendment]
Status of the Artist Act
220 [Amendment]
221 [Amendment]
War Veterans Allowance Act
222 [Amendment]
Terminology Changes
223 [Amendments]
224 [Amendments]
225 [Amendments]
226 The amendments made by this Part to replace the expressions “public service of Canada” and “Public Service” by the expressions “federal public administration” and “public service”, respectively, are to be considered as terminology changes only and are not to be held to operate as new law.
DIVISION 2Consequential Amendments Arising from Part 3
SUBDIVISION AConsequential Amendments Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3
Auditor General Act
227 [Amendment]
228 [Amendment]
Canada Customs and Revenue Agency Act
229 [Amendment]
230 [Amendment]
Canada-Newfoundland Atlantic Accord Implementation Act
231 [Amendment]
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
232 [Amendment]
Canadian Institutes of Health Research Act
233 [Amendment]
Canadian Security Intelligence Service Act
234 [Amendment]
Canadian Space Agency Act
235 [Amendment]
Employment Equity Act
236 [Amendment]
237 [Amendment]
238 [Amendment]
Financial Administration Act
239 [Amendment]
National Film Act
240 [Amendment]
Parks Canada Agency Act
241 [Amendment]
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
242 [Amendment]
Public Service Labour Relations Act
243 [Amendment]
Referendum Act
244 [Amendment]
Veterans Benefit Act
245 [Amendment]
SUBDIVISION BConsequential Amendments Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3
Access to Information Act
246 [Amendment]
Financial Administration Act
247 [Amendment]
Privacy Act
248 [Amendment]
Public Service Staff Relations Act
249 [Amendment]
Public Service Superannuation Act
250 [Amendment]
DIVISION 3Consequential Amendments Arising from the Amendments to the Canadian Centre for Management Development Act in Part 4
Access to Information Act
251 [Amendment]
252 [Amendment]
Financial Administration Act
253 [Amendment]
254 [Amendment]
Privacy Act
255 [Amendment]
256 [Amendment]
Public Service Staff Relations Act
257 [Amendment]
258 [Amendment]
Public Service Superannuation Act
259 [Amendment]
260 [Amendment]
Revolving Funds Act
261 [Amendment]
PART 7Coordinating Amendments
Public Service Modernization Act
262 [Amendment]
263 [Amendment]
Financial Administration Act
264 [Amendment]
265 [Amendment]
266 [Amendment]
267 [Amendment]
268 [Amendment]
Public Service Employment Act
269 [Amendment]
270 [Amendment]
Public Service Employment Act
271 [Amendment]
272 [Amendment]
Public Service Labour Relations Act
273 [Amendment]
274 [Amendment]
275 [Amendment]
Yukon Act
276 [Amendment]
Bill C-2
277 [Amendment]
Bill C-6
278 [Amendment]
Bill C-12
279 [Amendment]
Bill C-13
280 [Amendment]
Bill C-17
281 [Amendment]
Bill C-18
282 [Amendment]
Bill C-19
283 [Amendment]
PART 8Repeals
284 [Repeal]
285 [Repeal]
PART 9Coming into Force
Marginal note:Coming into force
Footnote *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.
Return to footnote *[Note: Sections 1 and 262 to 285 in force on assent November 7, 2003; sections 14 and 19, the definitions amended Act, former Act, former Commission and new Commission in section 68 and sections 77 to 83 and 246 to 250 in force November 20, 2003, see SI/2003-178; sections 21 to 35, 85 to 87 and 251 to 261 in force April 1, 2004, see SI/2004-42; section 5 in force December 1, 2004, see SI/2004-159; preamble, sections 1 to 3 and Part 1, as enacted by section 2, in force April 1, 2005, see SI/2005-22; Part 2, as enacted by section 2, other than subparagraph 209(1)(c)(ii), paragraph 211(b) and section 231, in force April 1, 2005, see SI/2005-23; Parts 3 and 4, as enacted by section 2, sections 36 to 66 and 88 to 226 in force April 1, 2005, see SI/2005-24; sections 3, 4, 6 to 11 and 67 in force April 1, 2005, see SI/2005-25; sections 12 and 13, the definition of new Act in section 68, sections 69 to 76 and 227 to 245 in force December 31, 2005, see SI/2005-122; subparagraph 209(1)(c)(ii), paragraph 211(b) and section 231, as enacted by section 2, in force December 31, 2005, see SI/2005-123; sections 15 to 18, 20 and 84 repealed before coming into force, see 2008, c. 20, s. 3.]
SCHEDULE 1
[Amendment]
SCHEDULE 2(Section 13)
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