Financial Administration Act

Marginal note:Definitions

• 11 (1) In this section and sections 12 and 13,

  enactment

  texte législatif

  enactment includes any regulation, order or other instrument made under the authority of an Act; (texte législatif)

  public service

  fonction publique

  public service has the meaning given the expression Public Service in the Public Service Staff Relations Act and includes any portion of the public service of Canada designated by the Governor in Council as part of the public service for the purposes of this section and sections 12 and 13; (fonction publique)

  separate employer

  employeur distinct

  separate employer means a separate employer within the meaning of the Public Service Staff Relations Act; (employeur distinct)

  Work Force Adjustment Directive

  Directive sur le réaménagement des effectifs

  Work Force Adjustment Directive means the Work Force Adjustment Directive issued on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board, that came into force on December 15, 1991, as amended from time to time on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board or in accordance with this section or any other Act. (Directive sur le réaménagement des effectifs)

• Marginal note:Application of Part II of Canada Labour Code to public service

  (1.1) Part II of the Canada Labour Code applies to and in respect of the public service and persons employed in the public service in the same manner and to the same extent as if the public service were a federal work, undertaking or business referred to in that Part except that, for the purpose of that application,

  • (a) any reference in that Part to

    • (i) arbitration shall be read as a reference to adjudication within the meaning of the Public Service Staff Relations Act,

    • (ii) the Board shall be read as a reference to the Public Service Staff Relations Board,

    • (iii) a collective agreement shall be read as a reference to a collective agreement within the meaning of the Public Service Staff Relations Act, and

    • (iv) a trade union shall be read as a reference to an employee organization within the meaning of the Public Service Staff Relations Act;

  • (b) section 156 of that Part does not apply in respect of the Public Service Staff Relations Board in exercising or carrying out its powers, duties and functions in relation to that Part; and

  • (c) the provisions of the Public Service Staff Relations Act apply, with such modifications as the circumstances require, in respect of matters brought before the Public Service Staff Relations Board pursuant to that Part to the extent necessary to give effect to that purpose.

• Marginal note:Powers and functions of Treasury Board in relation to personnel management

  (2) Subject to the provisions of any enactment respecting the powers and functions of a separate employer but notwithstanding any other provision contained in any enactment, the Treasury Board may, in the exercise of its responsibilities in relation to personnel management including its responsibilities in relation to employer and employee relations in the public service, and without limiting the generality of sections 7 to 10,

  • (a) determine the requirements of the public service with respect to human resources and provide for the allocation and effective utilization of human resources within the public service;

  • (b) determine requirements for the training and development of personnel in the public service and fix the terms on which such training and development may be carried out;

  • (c) provide for the classification of positions and employees in the public service;

  • (d) 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 matters related thereto;

  • (e) provide for the awards that may be made to persons employed in the public service for outstanding performance of their duties, for other meritorious achievement in relation to those duties and for inventions or practical suggestions for improvements;

  • (f) establish standards of discipline in the public service and prescribe the financial and other penalties, including termination of employment and suspension, that may be applied for breaches of discipline or misconduct, and the circumstances and manner in which and the authority by which or whom those penalties may be applied or may be varied or rescinded in whole or in part;

  • (g) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct, of persons employed in the public service, and establishing the circumstances and manner in which and the authority by which or by whom those measures may be taken or may be varied or rescinded in whole or in part;

  • (g.1) provide for the termination of employment of an employee to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from a portion of the public service specified in Part I of Schedule I to the Public Service Staff Relations Act to any body or corporation that is a separate employer or that is outside the public service, and establish the terms and conditions under which, the circumstances and manner in which and the authority by which or by whom that termination may be made or may be varied or rescinded in whole or in part;

  • (h) 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;

  • (h.1) subject to the Employment Equity Act, establish policies and programs with respect to the implementation of employment equity in the public service; and

  • (i) provide for such other matters, including terms and conditions of employment not otherwise specifically provided for in this subsection, as the Treasury Board considers necessary for effective personnel management in the public service.

• Marginal note:Appointments

  (2.01) An employee who does not accept an offer of employment made in the circumstances referred to in paragraph (2)(g.1) that is a reasonable job offer within the meaning of the Work Force Adjustment Directive or who accepts an offer of employment that is not a reasonable job offer within that meaning is entitled to be appointed to a position and to enter any competition in respect of a position as if the employee had been laid off in accordance with section 29 of the Public Service Employment Act.

• Marginal note:Excuse for not accepting

  (2.02) Every employee who did not accept an offer of employment from the body or corporation referred to in paragraph (2)(g.1) before the date on which the offer is to be accepted and who establishes to the satisfaction of the Treasury Board that the employee was unaware of the offer or incapable of indicating an acceptance of the offer is deemed to have accepted the offer before that date and is deemed to be an employee referred to in subsection (2.01).

• (2.1) to (2.5) [Repealed, 1995, c. 44, s. 51]

• Marginal note:Limitation of powers and functions of Board in relation to matters expressly determined

  (3) The powers and functions of the Treasury Board in relation to any of the matters specified in subsection (2) do not extend to any such matter that is expressly determined, fixed, provided for, regulated or established by any Act otherwise than by the conferring of powers or functions in relation thereto on any authority or person specified in that Act, and do not include or extend to any power or function specifically conferred on, or any process of personnel selection required or authorized to be employed by, the Public Service Commission by or under the authority of the Public Service Employment Act.

• Marginal note:For cause

  (4) Disciplinary action against, and termination of employment or demotion of, any person pursuant to paragraph (2)(f) or (g) shall be for cause.

• Marginal note:Application to separate employer

  (5) Subsection (4) does not apply in respect of an employee of a separate employer unless the Governor in Council makes an order that the subsection applies in respect of that separate employer.

• Marginal note:Amendments to Work Force Adjustment Directive by mutual agreement

  (6) The Treasury Board and bargaining agents may, by agreement in writing, amend the Work Force Adjustment Directive in respect of any subject matter, but only as it relates to their collective agreements or arbitral awards and only as it relates to the circumstances arising from a transfer referred to in paragraph (2)(g.1).

• Marginal note:Amendments to Work Force Adjustment Directive by Governor in Council

  (7) The Governor in Council, on the recommendation of the Treasury Board, may amend the Work Force Adjustment Directive in respect of any subject matter, but only as it relates to the circumstances arising from a transfer referred to in paragraph (2)(g.1).

• Marginal note:Work Force Adjustment Directive ceases to apply

  (8) Notwithstanding any indication to the contrary that may be contained in any other Act or a collective agreement or arbitral award or any other terms and conditions of employment of employees of a body or corporation, the Work Force Adjustment Directive ceases to apply to an employee of a body or corporation immediately before the date on which the employment of the employee is terminated pursuant to paragraph (2)(g.1).

• Marginal note:National Joint Council agreements

  (9) Notwithstanding any other Act, where agreements of the National Joint Council of the Public Service are incorporated by reference in a collective agreement or arbitral award or would otherwise be part of the terms and conditions of employment of employees of a body or corporation, those agreements of the National Joint Council of the Public Service cease to apply to an employee of a body or corporation immediately before the date on which the employment of the employee is terminated pursuant to paragraph (2)(g.1).

• Marginal note:Accrued benefits

  (10) Notwithstanding subsections (8) and (9), Her Majesty in right of Canada, as represented by the Treasury Board, continues to be responsible for any obligation of Her Majesty in respect of benefits arising out of agreements of the National Joint Council of the Public Service or the Work Force Adjustment Directive that have accrued to employees of a body or corporation immediately before the date on which the work, undertaking or business is transferred to the body or corporation as described in paragraph (2)(g.1) as a result of the termination of employment of those employees provided for under that paragraph.