R.S., c. I-11

Inquiries Act

174. Section 6 of the Inquiries Act is replaced by the following:

Appointment of commissioner s

6. The minister presiding over any department in the federal public administration may appoint, under the authority of the Governor in Council, a commissioner or commissioners to investigate and report on the state and management of the business, or any part of the business, of the department, either in the inside or outside service thereof, and the conduct of any person in that service, so far as the same relates to the official duties of the person.

R.S., c. N-8

National Film Act

175. Subsection 13(1) of the English version of the National Film Act is replaced by the following:

Plan of organization

13. (1) The Board may, with the approval of the Treasury Board obtained on the recommendation of the Minister, formulate a plan of organization for the establishment and classification of the continuing positions necessary for the proper functioning of the Board and the establishment of rates of compensation for each class of position, having regard to the rates of compensation and conditions of employment for comparable positions outside the federal public administration and in other branches of the federal public administration.

R.S., c. 15 (4th Supp.)

Non-smokers' Health Act

1989, c. 7, s. 1

176. Paragraphs (a) and (b) of the definition ``employer'' in subsection 2(1) of the Non-smokers' Health Act are replaced by the following:

      (a) the Treasury Board, in relation to employees in any portion of the federal public administration specified in Schedule I or IV to the Financial Administration Act,

      (b) a separate agency named in Schedule V to the Financial Administration Act, in relation to employees of that separate agency,

R.S., c. 18 (3rd Supp.), Part I

Office of the Superintendent of Financial Institutions Act

177. Section 13 of the Office of the Superintendent of Financial Institutions Act is replaced by the following:

Responsibility for human resources management

13. In respect of persons appointed under section 11, the Superintendent is authorized to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraphs 7(1)(b) and (e) and section 11.1 of the Financial Administration Act, and 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.

R.S., c. O-9

Old Age Security Act

1997, c. 40, s. 102

178. The definition ``federal institution'' in subsection 33(1) of the Old Age Security Act is replaced by the following:

``federal institution''
« institution fédérale »

``federal institution'' means a department or any other body referred to in Schedule I, I.1, II or III to the Financial Administration Act.

1995, c. 33, s. 24

179. Subsection 38(2) of the Act is replaced by the following:

Acceptance of oaths, etc.

(2) The Minister may accept, for the purposes of the administration of this Act or the regulations, any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits.

1998, c. 31

Parks Canada Agency Act

180. Subsection 13(3) of the Parks Canada Agency Act is replaced by the following:

Human resources management

(3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply with respect to the Agency and the Chief Executive Officer may

    (a) determine the organization of and classify the positions in the Agency;

    (b) set the terms and conditions of employment, including termination of employment for cause, for employees and assign duties to them; and

    (c) provide for any other matters that the Chief Executive Officer considers necessary for effective human resources management in the Agency.

181. Section 15 of the Act is replaced by the following:

Negotiation of collective agreements

15. Notwithstanding section 112 of the Public Service Labour Relations Act, the Chief Executive Officer may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees that is applicable to employees in that bargaining unit.

R.S., c. 33 (2nd Supp.)

Parliamentary Employment and Staff Relations Act

182. (1) The definition ``Deputy Chairman'' in section 3 of the Parliamentary Employment and Staff Relations Act is repealed.

(2) The definitions ``Chairman'' and ``Vice-Chairman'' in section 3 of the English version of the Act are repealed.

(3) The definition ``Board'' in section 3 of the Act is replaced by the following:

``Board''
« Commission »

``Board'' means the Public Service Labour Relations Board established under section 12 of the Public Service Labour Relations Act;

(4) The definition ``vice-président'' in section 3 of the French version of the Act is replaced by the following:

« vice-préside nt »
``Vice-Chairp erson''

« vice-président » Un vice-président de la Commission.

(5) Section 3 of the English version of the Act is amended by adding the following in alphabetical order:

``Chairperson' '
« président »

``Chairperson'' means the Chairperson of the Board.

``Vice-Chairp erson''
« vice-préside nt »

``Vice-Chairperson'' means a Vice-Chairperson of the Board.

183. The headings before section 9 of the English version of the Act are replaced by the following:

DIVISION I

PUBLIC SERVICE LABOUR RELATIONS BOARD

Public Service Labour Relations Act Provisions

184. The portion of section 9 of the Act before paragraph (a) is replaced by the following:

Application of Public Service Labour Relations Act

9. Unless otherwise provided in this Part, the provisions the Public Service Labour Relations Act respecting the Public Service Labour Relations Board apply also in respect of this Part except that, for the purpose of that application,

185. Section 11 of the Act is replaced by the following:

Delegation by Board

11. (1) The Board may authorize the Chairperson to exercise any of its powers or perform any of its functions, other than the power to make regulations of general application under section 12.

Delegation by Chairperson

(2) The Chairperson may authorize a Vice-Chairperson to exercise any of the Chairperson's powers or perform any of the Chairperson's functions, including powers or functions delegated to the Chairperson by the Board.

1999, c. 26, s. 18

186. Section 53.1 of the Act is repealed.

Replacement of ``Chairman''

187. (1) The English version of the Act is amended by replacing every reference to ``Chairman'' with a reference to ``Chairperson'' in the following provisions:

    (a) the definition ``conciliator'' in section 3;

    (b) sections 40 and 41;

    (c) subsection 49(1); and

    (d) paragraph 66(3)(b).

Replacement of ``chairman''

(2) The English version of the Act is amended by replacing every reference to ``chairman'' with a reference to ``chairperson'' in paragraph 65(1)(a) and subsection 68(3).

R.S., c. P-6

Pension Act

2000, c. 34, s. 39

188. Paragraph 87(3)(a) of the Pension Act is replaced by the following:

****(a) a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act, or

R.S., c. P-21

Privacy Act

189. The reference to ``Public Service Staff Relations Board'' in the schedule to the Privacy Act is replaced by a reference to ``Public Service Labour Relations Board''.

2000, c. 17; 2001, c. 41, s. 48

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

190. Subsection 49(3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

Human resources management

(3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply to the Centre, and the Director may

    (a) determine the organization of and classify the positions in the Centre;

    (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign to them their duties;

    (c) notwithstanding section 112 of the Public Service Labour Relations Act, in accordance with the mandate approved by the Treasury Board, fix the remuneration of the employees of the Centre; and

    (d) provide for any other matters that the Director considers necessary for effective human resources management in the Centre.

191. Section 51 of the Act is replaced by the following:

Authority to provide services

51. When a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to another department in or portion of the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Centre if it considers it appropriate to do so.

R.S., c. P-33

Public Service Employment Act

192. The long title of the Public Service Employment Act is replaced by the following:

****An Act respecting employment in the public service

193. (1) The definition ``department'' in subsection 2(1) of the Act is replaced by the following:

``department''
« ministère »

``department'' means

      (a) a department named in Schedule I to the Financial Administration Act,

      (b) any other portion of the federal public administration named in Schedule IV or V to that Act that is designated by the Governor in Council as a department for the purposes of this Act, and

      (c) any part of a portion of the federal public administration named in Schedule I, IV or V to that Act that is designated by the Governor in Council as a department for the purposes of this Act;

(2) Paragraphs (b) and (c) of the definition ``deputy head'' in subsection 2(1) of the Act are replaced by the following:

      (b) in relation to any portion or part of a portion of the federal public administration designated under the definition ``department'', the person that the Governor in Council may designate as the deputy head for the purposes of this Act, and

      (c) in relation to any portion of the federal public administration named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive right and authority to appoint persons, its chief executive officer or, if there is no chief executive officer, the person that the Governor in Council may designate as the deputy head for the purposes of this Act;

(3) The definition ``Public Service'' in subsection 2(1) of the English version of the Act is replaced by the following:

``public service''
« fonction publique »

``public service'' has the same meaning as in the Public Service Labour Relations Act.

1992, c. 54, s. 2(3)

(4) Subsection 2(2) of the English version of the Act is replaced by the following:

Presumption

(2) For the purpose of being eligible to enter competitions and for the purposes of section 11, persons not otherwise employed in the public service who are employees in any portion of the federal public administration designated pursuant to subsection 37(2) are deemed to be persons employed in the public service.

(5) Subsection 2(3) of the Act is replaced by the following:

References

(3) Unless the context otherwise requires,

    (a) a reference in this Act to a deputy head in relation to an employee shall be construed as a reference to the deputy head of the department or the deputy head in relation to the portion of the federal public administration named in Schedule IV or V to the Financial Administration Act, as the case may be, in which the employee is employed; and

    (b) a reference in this Act to a deputy head in relation to a department or other portion of the federal public administration named in Schedule IV or V to the Financial Administration Act is to be construed as a reference to the deputy head of that department or the deputy head in relation to that portion of the federal public administration, as the case may be, to which the context extends.

1992, c. 54, s. 2(4)

(6) Subsection 2(5) of the Act is replaced by the following:

References

(5) A reference in subsection (4), section 5.1, subsections 12(5), 17(1.1), 34.2(1) and 34.3(1) and (3) and section 37.1 to the Treasury Board or the public service shall, in the case of any portion of the federal public administration named in Schedule V to the Financial Administration Act for which appointments are made in accordance with this Act, be construed, respectively, as a reference to the separate agency concerned within the meaning of that Act and as a reference to that portion of the federal public administration.

194. Subsection 6(6) of the Act is replaced by the following:

Acting deputy head

(6) In the absence of the deputy head, the person designated by the deputy head to act in his or her absence or, if no person has been so designated or there is no deputy head, the person designated by the person who under the Financial Administration Act is the appropriate Minister with respect to the department in, or other portion of, the federal public administration named in Schedule IV or V to that Act, or any other person that may be designated by the Governor in Council, has the powers, functions and duties of the deputy head.