Shared Services Canada Act (S.C. 2012, c. 19, s. 711)

Human Resources

Marginal note:Appointment of employees

14 The employees that are necessary for the conduct of Shared Services Canada’s work are to be appointed in accordance with the Public Service Employment Act.

General

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.

Transitional Provisions

Definitions

Marginal note:Definitions

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)

Former Department

Marginal note:President

• 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).

• Marginal note:Employees

  (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

  (3) In subsection (2), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

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:References

• 20 (1) A reference to the former department in any of the following is deemed to be a reference to the new department:

  • (a) Schedule I to the Access to Information Act under the heading “OTHER GOVERNMENT INSTITUTIONS”;

  • (b) the schedule to the Privacy Act;

  • (c) any order of the Governor in Council made under subsection 3.2(2) of the Access to Information Act;

  • (d) any order of the Governor in Council made under subsection 3.1(2) of the Privacy Act;

  • (e) any order of the Governor in Council made under the definition department in subsection 2(1) of the Public Service Employment Act; and

  • (f) Schedules I.1, IV and VI to the Financial Administration Act.

• 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:

  • (a) any order of the Governor in Council made under paragraph 29(e) of the Canadian Security Intelligence Service Act; and

  • (b) any order of the Governor in Council made under the definition deputy head in subsection 2(1) of the Public Service Employment Act.