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AUDIT |
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Audit
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36. The Auditor General of Canada shall
annually
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APPLICATION OF THE OFFICIAL LANGUAGES ACT |
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Official
Languages
Act applies
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36.1 For greater certainty, the Official
Languages Act applies to the Agency and the
Agency has the duty, under section 25 of that
Act, to ensure that, where services are
provided or made available by another person
or organization on its behalf, any member of
the public in Canada or elsewhere can
communicate with and obtain those services
from that person or organization in either
official language, in any case where those
services, if provided by the Agency, would be
required under Part IV of the Official
Languages Act to be provided in either official
language.
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TRANSITIONAL |
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Appropriation
Act
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37. The provisions made by any
appropriation Act for the fiscal year in
which this section comes into force or a
subsequent fiscal year, based on the
Estimates for that year, to defray the
charges and expenses of the public service
of Canada within the Parks Canada Sector
of the Department of Canadian Heritage in
relation to any matter for which the Agency
is responsible by virtue of this Act are
deemed to be an amount appropriated for
defraying the charges and expenses of the
Agency in the amount that the Treasury
Board may, on the recommendation of the
Minister, determine.
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Definitions
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38. The definitions in this section apply in
sections 39 to 45.
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``designated
position'' « poste désigné »
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``designated position'' has the same
meaning as in subsection 2(1) of the
Public Service Staff Relations Act.
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``employee'' « employé »
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``employee'' means a person whose
employment in the Department of
Canadian Heritage is terminated under
paragraph 11(2)(g.1) of the Financial
Administration Act and who is appointed
to the Agency following an offer of
employment made by the Agency as a
result of a transfer of any work,
undertaking or business from the
Department of Canadian Heritage to the
Agency.
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``grievance'' « grief »
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``grievance'' has the same meaning as in
subsection 2(1) of the Public Service Staff
Relations Act.
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Pending
competitions
and
appointments
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39. A competition being conducted or an
appointment being or about to be made
under the Public Service Employment Act in
respect of a position within the Department
of Canadian Heritage the duties and
functions of which are assigned to a position
within the Agency, may continue to be
conducted or made as if the Agency were a
department for the purposes of that Act.
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Pending
appeals
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40. (1) An appeal made under section 21
of the Public Service Employment Act by any
person against an appointment to a position
within the Department of Canadian
Heritage the duties and functions of which
are assigned to a position within the Agency,
and not finally disposed of on the
assignment, must be dealt with and
disposed of in accordance with that Act as
if the Agency were a department for the
purposes of that Act and the person
continued to be an employee for the
purposes of that Act.
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Other
recourse
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(2) Any recourse commenced by an
employee under the Public Service
Employment Act that has not been finally
dealt with on the appointment of the
employee to the Agency must be dealt with
and disposed of in accordance with that Act
as if the Agency were a department for the
purposes of that Act and the person
continued to be an employee for the
purposes of that Act.
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Employees on
probation
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41. (1) Every employee who was
considered to be on probation under section
28 of the Public Service Employment Act
immediately before being appointed to the
Agency continues on probation with the
Agency until the end of any period
established by the Public Service
Commission by regulation for that
employee or a class of persons of which that
employee is a member.
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Rejection
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(2) Subsection 28(2) of the Public Service
Employment Act applies to an employee of
the Agency who is on probation but the
reference to deputy head in that subsection
is to be read as a reference to the Chief
Executive Officer.
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Designated
positions
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42. If an employee, immediately before
being appointed to the Agency, occupied a
position that was a designated position in
the Department of Canadian Heritage, that
employee is, on appointment to the Agency,
deemed to occupy a designated position in
the Agency.
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Pending
grievances
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43. (1) Any grievance commenced by an
employee under the Public Service Staff
Relations Act that has not been finally dealt
with on the appointment of the employee to
the Agency, must be dealt with and disposed
of in accordance with that Act as if the
employee's employment in the Department
of Canadian Heritage had not been
terminated.
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Implementatio
n of decision
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(2) A final decision with respect to a
grievance referred to in subsection (1) that
provides for the reinstatement of or
payment of money to a person must be
implemented by the Agency as soon as
practicable.
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Successor
rights
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44. For the purpose of section 48.1 of the
Public Service Staff Relations Act, the
Governor in Council may fix the date on
which the Parks Canada Sector and any
other portion of the Department of
Canadian Heritage are deemed to be
severed from the Department and to
become a part of the Agency, and that date
is to be used for the purposes of subsections
48.1(3), (6) and (7) of that Act.
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Designation
under
National
Parks Act
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45. Any person who, or any person within
a class of persons that, is designated by the
Minister under subsection 5(2.1) of the
National Parks Act before the coming into
force of section 56 and who, immediately
after the coming into force of that section,
is an employee is deemed to have been
designated under that subsection after the
coming into force of that section.
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CONSEQUENTIAL AMENDMENTS |
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R.S., c. A-1
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Access to Information Act |
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46. Schedule I to the Access to
Information Act is amended by adding the
following in alphabetical order under the
heading ``Other Government Institutions'':
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Parks Canada Agency
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1994, c. 5
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Appropriation Act No. 3, 1993-94 |
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1996, c. 4
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47. Environment Vote 21b of the schedule
to Appropriation Act No. 3, 1993-94 is
repealed.
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1996, c. 4
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Appropriation Act No. 4, 1995-96 |
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48. Canadian Heritage Vote 27b of the
schedule to Appropriation Act No. 4,
1995-96 is repealed.
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R.S., c. A-17
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Auditor General Act |
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49. The schedule to the Auditor General
Act is amended by adding the following in
alphabetical order:
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Parks Canada Agency
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R.S., c. F-11
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Financial Administration Act |
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50. Schedule II to the Financial
Administration Act is amended by adding
the following in alphabetical order:
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Parks Canada Agency
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R.S., c. H-4
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Historic Sites and Monuments Act |
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1995, c. 11,
s. 25(E)
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51. Section 6 of the Historic Sites and
Monuments Act is replaced by the
following:
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Secretary
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6. (1) The Minister may designate an officer
or employee of the Parks Canada Agency
established under the Parks Canada Agency
Act to be the Secretary of the Board, or appoint
a Secretary of the Board at the remuneration
and under the terms or conditions of
employment that may be prescribed by the
Governor in Council.
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Other staff
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(2) The Minister may, from among the
persons employed in the Parks Canada
Agency, provide the Board with any other
employees or assistants that are necessary for
the proper conduct of the business of the
Board.
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R.S.C. 1952,
c. 163
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Laurier House Act |
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52. (1) Subsection 2(1) of the Laurier
House Act is replaced by the following:
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Agency to
control
Laurier House
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2. (1) Subject to subsection (2), the Parks
Canada Agency established under the Parks
Canada Agency Act (in this Act referred to as
the ``Agency'') has the care, custody and
control of Laurier House (described in the
First Schedule) and its contents and shall
administer the House and its contents in
accordance with the desires and purposes
expressed in the late Mr. King's Will (the
relevant portion of which is set out in the
Second Schedule).
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(2) Subsection 2(3) of the Act is repealed.
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53. Section 4 of the Act is replaced by the
following:
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Historic Sites
and
Monuments
Board
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4. The Chief Executive Officer of the
Agency may consult the Historic Sites and
Monuments Board with reference to the
performance of the duties of the Agency under
this Act.
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54. The Act is amended by replacing the
expression ``Dominion Archivist'' with the
word ``Agency'' in sections 3 and 5.
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R.S., c. N-14
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National Parks Act |
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R.S., c. 39
(4th Supp.),
s. 1
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55. The definitions ``park warden'' and
``superintendent'' in section 2 of the
National Parks Act are replaced by the
following:
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``park
warden'' « gardien de parc »
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``park warden'' means a person appointed
under the Parks Canada Agency Act whose
duties include the enforcement of this Act;
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``superintende
nt'' « directeur de parc »
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``superintendent'' means a person appointed
under the Parks Canada Agency Act who
holds the office of superintendent of a park,
and includes any other person appointed
under that Act who is authorized by that
person to act on that person's behalf.
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R.S., c. 39
(4th Supp.),
s. 3(1)
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56. Subsection 5(2.1) of the Act is re
placed by the following:
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Powers of
other persons
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(2.1) Any person or class of persons
appointed under the Parks Canada Agency
Act or the Public Service Employment Act and
designated by the Minister may exercise the
powers of and is entitled to the protection
provided by law to peace officers in the
enforcement of this Act.
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R.S., c. P-21
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Privacy Act |
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57. The schedule to the Privacy Act is
amended by adding the following in
alphabetical order under the heading
``Other Government Institutions'':
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Parks Canada Agency
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R.S., c. P-35
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Public Service Staff Relations Act |
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58. The definition ``employee'' in
subsection 2(1) of the Public Service Staff
Relations Act is amended by striking out the
word ``or'' at the end of paragraph (j), by
adding the word ``or'' at the end of
paragraph (k) and by adding the following
after paragraph (k):
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59. Part II of Schedule I to the Act is
amended by adding the following in
alphabetical order:
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Parks Canada Agency
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R.S., c. P-36
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Public Service Superannuation Act |
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60. Part I of Schedule I to the Public
Service Superannuation Act is amended by
adding the following in alphabetical order:
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Parks Canada Agency
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