Assented to 2012-06-29
An Act to establish Shared Services Canada
the Government of Canada wishes to standardize and consolidate, within a single shared services entity, certain administrative services that support government institutions; and
doing so will enable those services to be provided more effectively and will support the efficient use of public money;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons, enacts as follows:
Marginal note:Short title
2 The following definitions apply in this Act.
- Crown corporation
Crown corporation has the same meaning as in subsection 83(1) of the Financial Administration Act. (société d’État)
department has the same meaning as in section 2 of the Financial Administration Act. (ministère)
President means the President of Shared Services Canada appointed under subsection 10(1). (président)
Designation of Minister
Marginal note:Power of Governor in Council
3 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.
4 A department is established, called Shared Services Canada, for the purpose of assisting the Minister in providing the services specified under section 6.
5 The Minister presides over Shared Services Canada and has the management and direction of it.
Powers, Duties and Functions
Marginal note:Governor in Council
6 The Governor in Council may specify
(a) the services that the Minister must provide through Shared Services Canada;
(b) the services that the Minister may provide through Shared Services Canada;
(c) the departments that must obtain a service that is specified under paragraph (a) exclusively from the Minister through Shared Services Canada and that are not permitted to meet their requirement for that service internally;
(d) the departments and Crown corporations to which the Minister is permitted to provide services through Shared Services Canada;
(e) the departments and Crown corporations to which the Minister is not permitted to provide services through Shared Services Canada; and
(f) terms and conditions respecting the provision of the specified services.
7 The Minister may, for the purpose of providing services under this Act, exercise any of the powers, duties or functions that are set out in paragraph 6(a), (b), (c) or (g) of the Department of Public Works and Government Services Act in respect of departments and Crown corporations to which those services are provided.
Marginal note:Governor in Council’s approval
8 The Minister may — with the Governor in Council’s approval, given on a general or a specific basis — provide the services that are specified under paragraph 6(a) or (b) through Shared Services Canada to any person, organization or government, including a foreign government.
Marginal note:Charging for services
9 The Minister may, subject to any regulations that the Treasury Board makes for the purposes of this section, charge for the services that are provided under this Act.
Organization and Head Office
Marginal note:Executive Vice-president
(2) The Governor in Council may appoint an Executive Vice-president of Shared Services Canada to hold office during pleasure.
Marginal note:Executive Vice-president
(2) The Executive Vice-president is to act as President if that office is vacant or if the President is absent or incapacitated.
12 The President and the Executive Vice-president are to be paid the remuneration that is fixed by the Governor in Council.
Marginal note:Head office
Marginal note:Appointment of employees
Marginal note:Access to Information Act
15 For greater certainty, for the purposes of the Access to Information Act, the records of other government institutions as defined in that Act or of other organizations that are, on behalf of those institutions or organizations, contained in or carried on Shared Services Canada’s information technology systems are not under the control of Shared Services Canada.
Marginal note:Privacy Act
16 For greater certainty, for the purposes of the Privacy Act, personal information that is collected by other government institutions as defined in that Act or by other organizations and that is, on behalf of those institutions or organizations, contained in or carried on Shared Services Canada’s information technology systems is not under the control of Shared Services Canada.
17 The following definitions apply in sections 18 to 20.
- former department
former department means the portion of the federal public administration known as Shared Services Canada. (ancien ministère)
- new department
new department means Shared Services Canada as established by section 4. (nouveau ministère)
18 (1) The person occupying the position of President of the former department on the day on which this section comes into force becomes President of the new department on that day and is deemed to have been appointed under subsection 10(1).
(2) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former department, except that the employee is, on the coming into force of this section, to occupy that position in the new department.
Definition of employee
Marginal note:Transfer of appropriations
19 (1) Any amount that is appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the federal public administration’s charges and expenses for the former department that is unexpended on the day on which this section comes into force is deemed, on that day, to be an amount appropriated for defraying the federal public administration’s charges and expenses for the new department.
Marginal note:Transfer of powers, duties and functions
(2) If a power, duty or function is vested in or exercisable by the former department’s President or an employee of the former department under any Act, order, rule or regulation, or any contract, lease, licence or other document, that power, duty or function is vested in or is exercisable by the new department’s President or an employee of the new department.
Marginal note:Deputy head
(2) The designation of a person as deputy head of the former department in any of the following is deemed to be a designation of the President of the new department as deputy head of that department:
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