45 ELIZABETH II

CHAPTER 16

An Act to establish the Department of Public Works and Government Services and to amend and repeal certain Acts

[Assented to 20th June, 1996]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Department of Public Works and Government Services Act.

INTERPRETATION

Definitions

2. In this Act,

``Crown corporation''
« société d'État »

``Crown corporation'' has the same meaning as in section 2 of the Financial Administration Act;

``department''
« ministère »

``department'' has the same meaning as in section 2 of the Financial Administration Act;

``federal real property''
« immeuble fédéral »

``federal real property'' has the same meaning as in section 2 of the Federal Real Property Act;

``Minister'' Version anglaise seulement

``Minister'' means the Minister of Public Works and Government Services;

``public work''
« ouvrage public » or « travaux publics »

``public work'' means any work or property under the management or control of the Minister.

ESTABLISHMENT OF THE DEPARTMENT

Department established

3. (1) There is hereby established a department of the Government of Canada called the Department of Public Works and Government Services over which the Minister of Public Works and Government Services appointed by commission under the Great Seal shall preside.

Minister

(2) The Minister holds office during pleasure and has the management and direction of the Department.

Receiver General

(3) The Minister is the Receiver General for Canada.

Deputy head

4. (1) The Governor in Council may appoint an officer called the Deputy Minister of Public Works and Government Services to hold office during pleasure and to be the deputy head of the Department.

Deputy Receiver General

(2) The Deputy Minister of Public Works and Government Services is the Deputy Receiver General.

ACTIVITIES OF THE DEPARTMENT

Common service agency

5. The Department shall operate as a common service agency for the Government of Canada, and its activities as a common service agency shall be directed mainly toward providing the departments, boards and agencies of the Government of Canada with services in support of their programs.

POWERS, DUTIES AND FUNCTIONS OF THE MINISTER

Minister's powers, duties and functions

6. The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to

    (a) the acquisition and provision of articles, supplies, machinery, equipment and other materiel for departments;

    (b) the acquisition and provision of services for departments;

    (c) the planning and organizing of the provision of materiel and services required by departments;

    (d) the acquisition and provision of printing and publishing services for departments;

    (e) the construction, maintenance and repair of public works and federal real property;

    (f) the provision of accommodation and other facilities for departments;

    (g) the planning and coordination of telecommunications services for departments, boards and agencies of the Government of Canada;

    (h) the provision to departments of advice on or services related to architectural or engineering matters affecting any public work or federal real property; and

    (i) the provision to departments, boards and agencies of the Government of Canada of translation and related services.

Exercise of powers, etc.

7. (1) In exercising the powers or performing the duties or functions assigned to the Minister under this or any other Act of Parliament, the Minister shall

    (a) investigate and develop services for increasing the efficiency and economy of the public service of Canada and for enhancing integrity and efficiency in the contracting process;

    (b) acquire materiel and services in accordance with any applicable regulations relating to government contracts;

    (c) plan and organize the provision of materiel and related services to departments including the preparation of specifications and standards, the cataloguing of materiel, the determination of aggregate requirements for materiel, the assuring of quality of materiel, and the maintenance, distribution, storage and disposal of materiel and other activities associated with the management of materiel; and

    (d) provide such other services as the Governor in Council may direct.

Limitation

(2) Notwithstanding paragraph (1)(c), the Minister's power to manage materiel, as distinct from its acquisition, does not extend to the management, in an exclusively military supply system, of materiel essential for the conduct of military missions.

Delegation

8. The Minister may delegate any of the Minister's powers, duties or functions under this Act to an appropriate minister, within the meaning of the Financial Administration Act, for any period and under any terms and conditions that the Minister considers suitable.

Other authorities

9. The Minister shall exercise the powers in relation to the acquisition and provision of materiel for the use of any department that are conferred on any minister or other authority under any Act of Parliament, except to the extent that those powers have been delegated by the Minister.

Federal real property

10. (1) The Minister has the administration of all federal real property except federal real property under the administration of any other minister, board or agency of the Government of Canada or any corporation.

Other properties

(2) The Minister may incur expenditures or perform, or have performed, services or work in relation to

    (a) any federal real property;

    (b) any work or other property belonging to Her Majesty in right of Canada; and

    (c) any real or immovable property, any work or any other property not belonging to Her Majesty in right of Canada, with the consent of its owner.

Seized Property Management Act

(3) Nothing in paragraph (2)(c) affects the operation of the Seized Property Management Act.

Powers, duties and functions as Receiver General

11. In the Minister's capacity as Receiver General, the Minister shall exercise all the powers and perform all the duties and functions assigned to the Receiver General by law.

Disburse-
ment of pay

12. The Minister shall provide such administrative and other services required for the disbursement of pay to persons employed in or by any department, and to persons employed in or by other portions of the public service of Canada, as the Governor in Council may direct.

Employee benefits

13. The Minister shall provide such administrative and other services in relation to employee benefit plans and superannuation or pension plans as the Governor in Council may direct.

Production, processing and distribution of films, etc.

14. (1) Subject to subsection (2), the Minister may provide departments, boards and agencies of the Government of Canada with production, processing and distribution services for film, within the meaning of the National Film Act, videos and any other cinematographic works that the Governor in Council may designate.

Production, processing and distribution of films, etc.

(2) Except with the approval of the Governor in Council, no department shall initiate the production or processing of a motion picture film without the authority of the Minister, and the production and processing, by or for departments, of all motion picture films shall be undertaken by the Minister unless the Minister is of the opinion that it is in the public interest that it be otherwise undertaken and authorizes it to be so undertaken.

Administra-
tive and other services

15. The Minister may, on request of a department, board or agency of the Government of Canada, provide it with

    (a) management consulting services;

    (b) information management and information technology systems and services;

    (c) accounting services;

    (d) auditing services;

    (e) financial services;

    (f) services and advice in relation to the acquisition, management or disposition of real or immovable property;

    (g) architectural and engineering services, including services in respect of the adoption and application of related codes, standards, procedures, guidelines and technologies; and

    (h) services of any other kind that are within the ambit of the Minister's powers, duties and functions.

Services to governments and other bodies

16. The Minister may do any thing for or on behalf of

    (a) any department, board or agency of the Government of Canada or Crown corporation, or

    (b) with the approval of the Governor in Council, any government, body or person in Canada or elsewhere that requests the Minister to do that thing,

where the Minister is authorized to do that thing under this or any other Act of Parliament for or on behalf of any department, board or agency of the Government of Canada.

Fees and charges in respect of products, services, etc.

17. The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, charge for services provided by the Department pursuant to this Act or any other Act in force at the time this section comes into force.

Use of electronic and other media

18. (1) The Minister may use any electronic or other means to create, collect, store, transfer, receive or otherwise handle documents or information.

Standards

(2) The Minister may fix the terms and conditions, formats and other requirements for the use of any electronic or other means that must be met by persons who use that means in their dealings with the Minister.

Regulations

(3) The Minister may, by regulation, prescribe the electronic or other means by which a requirement referred to in subsection (2) shall be published.

QUEEN'S PRINTER

Queen's Printer

19. (1) The Minister may, by order, appoint an officer of the Department to be the Queen's Printer for Canada.

Queen's Printer

(2) The Queen's Printer shall, under the supervision of the Minister, exercise the printing and publishing functions for the Government of Canada that are assigned to the Queen's Printer by law or by the Minister.

CONTRACTS

Contracts

20. Subject to any regulations that the Governor in Council or the Treasury Board may make for the purposes of this section, the Minister may, on behalf of the Government of Canada, enter into contracts for the performance of any matter or thing that falls within the ambit of the Minister's powers, duties or functions.

Terms and conditions

21. (1) The Minister may fix terms and conditions of contracts, and instructions and terms and conditions with respect to other documents relating to contracts and their formation.

Designation

(2) The terms and conditions and instructions may be identified by number or other designation and may be incorporated in a contract or other document by reference to their number or other designation.

Publication

(3) The Minister may, by regulation, prescribe the electronic or other means by which a term, condition or instruction, including its identification number or other designation, shall be published.

Construction of terms and conditions

22. Subject to its express terms and conditions, a contract, or any document relating to the contract or its formation, entered into by the Minister that provides that instructions or terms and conditions identified by number or other designation are applicable to or form part of the contract or other document shall be read and construed as if the instructions or terms and conditions to which the reference is made were expressly set out in the contract or other document.