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| References
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85. (1) Every reference to the Canadian
Centre for Management Development in
any deed, contract, agreement, instrument
or other document executed by the
Canadian Centre for Management
Development in its own name is to be read
as a reference to the Canada School of
Public Service, unless the context otherwise
requires.
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| References -
Principal
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(2) Every reference to the Principal of the
Canadian Centre for Management
Development in a document referred to in
subsection (1) is to be read as a reference to
the President of the Canada School of
Public Service, unless the context otherwise
requires.
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| Continuation
of rights and
property
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(3) All rights and property of the
Canadian Centre for Management
Development continue to be the rights and
property of the Canada School of Public
Service.
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| Continuation
of obligations
and liabilities
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(4) All obligations and liabilities of the
Canadian Centre for Management
Development continue to be the obligations
and liabilities of the Canada School of
Public Service.
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| Continuation
of
proceedings
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(5) Any action, suit or other legal or
administrative proceeding to which the
Canadian Centre for Management
Development is a party that is pending on
the coming into force of this section may be
continued by or against the Canada School
of Public Service in a similar manner and to
the same extent as it would have been
continued by or against the Canadian
Centre for Management Development.
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| Transitional
- governors
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86. The governors of the Canadian
Centre for Management Development who,
immediately before the coming into force of
this section, held office under subsection
8(1) of the Canadian Centre for
Management Development Act continue in
office as governors of the Canada School of
Public Service for the remainder of the
term for which they were appointed.
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| Transitional
- employees
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87. (1) Nothing in Part 4 of this Act shall
be construed as affecting the status of an
employee who, immediately before the
coming into force of that Part, occupied a
position in the Canadian Centre for
Management Development, except that the
employee shall occupy that position in the
Canada School of Public Service.
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| Transitional
- TDC
employees
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(2) Each person employed in the Public
Service Commission in the administrative
unit known as ``Training and Development
Canada'' assumes, on the coming into force
of this section, a position in the Canada
School of Public Service.
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| Transfer by
Governor in
Council
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(3) The Governor in Council may, by
order made on the recommendation of the
Treasury Board after consultation with the
Public Service Commission and the Canada
School of Public Service, within one year
after the coming into force of this section,
transfer an employee of the Public Service
Commission to the Canada School of Public
Service if the Governor in Council is of the
opinion that
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(a) the employee is carrying out powers,
duties and functions that are in whole or
in part in support of or related to the
powers, duties and functions of persons
referred to in subsection (2); and
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(b) it is in the best interests of the Public
Service to do so.
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| Status
unchanged
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(4) Nothing in subsections (2) and (3) shall
be construed as affecting the status of
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(a) a person referred to in subsection (2)
who, immediately before the coming into
force of that subsection, occupied a
position in Training and Development
Canada; and
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(b) an employee transferred by an order
made under subsection (3).
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| R.S., c. A-1
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88. The reference to ``Public Service Staff
Relations Board'' under the heading
``Other Government Institutions'' in
Schedule I to the Access to Information Act
is replaced by a reference to ``Public
Service Labour Relations Board''.
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| R.S., c. A-2
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| R.S., c. 33 (1st
Supp.), s. 1
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89. Subsection 9(1) of the Aeronautics Act
is replaced by the following:
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| Regulations
establishing
compensation
payable for
death or
injury
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9. (1) The Governor in Council may make
regulations establishing the compensation to
be paid and the persons to whom and the
manner in which such compensation shall be
payable for the death or injury of any person
employed in the federal public administration
or employed under the direction of any
department in the federal public
administration that results directly from a
flight undertaken by that person in the course
of duty in the federal public administration.
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| R.S, c. A-17
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90. Subsection 13(1) of the English
version of the Auditor General Act is
replaced by the following:
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| Access to
information
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13. (1) Except as provided by any other Act
of Parliament that expressly refers to this
subsection, the Auditor General is entitled to
free access at all convenient times to
information that relates to the fulfilment of his
or her responsibilities and he or she is also
entitled to require and receive from members
of the federal public administration any
information, reports and explanations that he
or she considers necessary for that purpose.
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91. Subsection 15(4) of the Act is
repealed.
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92. Section 16 of the Act is replaced by the
following:
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| Responsibility
for human
resources
management
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16. The Auditor General is authorized, in
respect of persons appointed in his or her
office, to exercise the powers and perform the
functions of the Treasury Board that relate to
human resources management within the
meaning of paragraph 7(1)(e) and section 11.1
of the Financial Administration Act, as well as
those of deputy heads under subsection 12(2)
of that Act, as that subsection reads without
regard to any terms and conditions that the
Governor in Council may direct, including the
determination of terms and conditions of
employment and the responsibility for
employer and employee relations.
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| Delegation
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16.1 (1) The Auditor General may authorize
any person employed in his or her office to
exercise and perform, in any manner and
subject to any terms and conditions that he or
she directs, any of his or her powers and
functions in relation to human resources
management.
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| Sub-delegatio
n
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(2) Any person authorized under subsection
(1) may, subject to and in accordance with the
authorization, authorize one or more persons
under that person's jurisdiction to exercise any
power or perform any function to which the
authorization relates.
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| R.S., c. B-2
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93. Paragraph 6(4)(c) of the English
version of the Bank of Canada Act is
replaced by the following:
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(c) is employed in any capacity in the
federal public administration or the public
service of a province or holds any office or
position for which any salary or other
remuneration is payable out of public
moneys;
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94. Paragraph 10(4)(b) of the English
version of the Act is replaced by the
following:
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(b) is employed, on a full-time basis, in any
capacity in the federal public
administration or the public service of a
province or holds any office or position,
other than as a part-time member of any
board or advisory body of an agency or
department of the government of Canada or
a province, for which any salary or other
remuneration is payable out of public
moneys, except that a director may perform
temporary services for the government of
Canada or a province for which that director
may be reimbursed actual travel and living
expenses; or
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| 1999, c. 17
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95. Paragraph 16(2)(c) of the English
version of the Canada Customs and Revenue
Agency Act is replaced by the following;
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(c) is employed on a full-time basis in the
federal public administration or the public
service of a province or territory.
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96. Paragraph 30(1)(d) of the Act is
replaced by the following:
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(d) human resources management,
including the determination of the terms
and conditions of employment of persons
employed by the Agency.
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97. Section 50 of the Act is replaced by the
following:
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| Separate
agency
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50. The Agency is a separate agency under
the Public Service Labour Relations Act.
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98. The portion of subsection 51(1) of the
Act before paragraph (a) is replaced by the
following:
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| Human
resources
management
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51. (1) The Agency may, in the exercise of
its responsibilities in relation to human
resources management,
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99. Subsection 58(1) of the Act is replaced
by the following:
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| Authority to
enter into
collective
agreements
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58. (1) Notwithstanding section 112 of the
Public Service Labour Relations Act, the
Agency has sole authority to enter into a
collective agreement with the bargaining
agent for a bargaining unit composed of
Agency employees, applicable to employees
in that bargaining unit.
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| 2000, c. 9
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100. Paragraph 11(b) of the Canada
Elections Act is replaced by the following:
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(b) an elector who is an employee in the
federal public administration or the public
service of a province and who is posted
outside Canada;
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101. Subsection 15(3) of the English
version of the Act is replaced by the
following:
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| Superannuatio
n and
compensation
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(3) The Chief Electoral Officer is deemed to
be employed in the public service for the
purposes of the Public Service
Superannuation Act and to be employed in the
federal public administration for the purposes
of the Government Employees Compensation
Act and any regulations made under section 9
of the Aeronautics Act.
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102. Subsection 19(2) of the English
version of the Act is replaced by the
following:
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| Superannuatio
n and
compensation
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(2) The Assistant Chief Electoral Officer is
deemed to be a person employed in the public
service for the purposes of the Public Service
Superannuation Act and is deemed to be
employed in the federal public administration
for the purposes of the Government
Employees Compensation Act and any
regulations made under section 9 of the
Aeronautics Act.
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103. Paragraph 222(2)(a) of the Act is
replaced by the following:
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(a) employed outside Canada in the federal
public administration or the public service
of a province;
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| R.S., c. C-5
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104. Subsections 26(1) to (3) of the
English version of the Canada Evidence Act
are replaced by the following:
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| Books kept in
offices under
Government
of Canada
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26. (1) A copy of any entry in any book kept
in any office or department of the Government
of Canada, or in any commission, board or
other branch in the federal public
administration, shall be admitted as evidence
of that entry, and of the matters, transactions
and accounts therein recorded, if it is proved
by the oath or affidavit of an officer of the
office or department, commission, board or
other branch in the federal public
administration that the book was, at the time
of the making of the entry, one of the ordinary
books kept in the office, department,
commission, board or other branch in the
federal public administration, that the entry
was made in the usual and ordinary course of
business of the office, department,
commission, board or other branch in the
federal public administration and that the
copy is a true copy thereof.
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| Proof of
non-issue of
licence or
document
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(2) Where by any Act of Parliament or
regulation made under an Act of Parliament
provision is made for the issue by a
department, commission, board or other
branch in the federal public administration of
a licence requisite to the doing or having of
any act or thing or for the issue of any other
document, an affidavit of an officer of the
department, commission, board or other
branch in the federal public administration,
sworn before any commissioner or other
person authorized to take affidavits, setting
out that he or she has charge of the appropriate
records and that after careful examination and
search of those records he or she has been
unable to find in any given case that any such
licence or other document has been issued,
shall be admitted in evidence as proof, in the
absence of evidence to the contrary, that in
that case no licence or other document has
been issued.
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| Proof of
mailing
departmental
matter
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(3) Where by any Act of Parliament or
regulation made under an Act of Parliament
provision is made for sending by mail any
request for information, notice or demand by
a department or other branch in the federal
public administration, an affidavit of an
officer of the department or other branch in the
federal public administration, sworn before
any commissioner or other person authorized
to take affidavits, setting out that he or she has
charge of the appropriate records, that he or
she has a knowledge of the facts in the
particular case, that the request, notice or
demand was sent by registered letter on a
named date to the person or firm to whom it
was addressed (indicating that address) and
that he or she identifies as exhibits attached to
the affidavit the post office certificate of
registration of the letter and a true copy of the
request, notice or demand, shall, on
production and proof of the post office receipt
for the delivery of the registered letter to the
addressee, be admitted in evidence as proof, in
the absence of evidence to the contrary, of the
sending and of the request, notice or demand.
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| 2001, c. 41,
s. 44
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105. Item 11 of the schedule to the Act is
replaced by the following:
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11. The Public Service Labour
Relations Board established by section 12 of
the Public Service Labour Relations Act, for
the purposes of a grievance process under that
Act with respect to an employee of the
Canadian Security Intelligence Service, with
the exception of any information provided to
the board by the employee
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