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RECOMMENDATION |
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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to modernize employment and labour relations in the public service and
to amend the Financial Administration Act and the Canadian Centre for
Management Development Act and to make consequential amendments
to other Acts''.
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SUMMARY |
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Part 1 enacts the Public Service Labour Relations Act to provide for
a labour relations regime in the public service which is based on greater
cooperation and consultation between the employer and bargaining
agents, notably by requiring labour-management consultation
committees, enabling co-development, enhancing conciliation and
providing for negotiated essential services agreements. This new Act
eliminates certain managerial and confidential exclusions and brings
unfair labour practices up-to-date. It provides for the establishment of
conflict management capacity within departments and more
comprehensive grievance provisions. It also establishes the Public
Service Labour Relations Board whose mandate is to provide
adjudication services, mediation services and compensation analysis
and research services.
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Part 2 amends the Financial Administration Act to put direct
responsibility for certain aspects of human resources management in
the hands of deputy heads, subject to policies and directives of the
Treasury Board. New deputy head responsibilities include determining
learning and developmental requirements, providing awards and
setting standards of discipline. Part 2 also amends that Act to provide for
annual reporting to Parliament by the President of the Treasury Board
on the application of the human resources management provisions of
the Act.
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Division 1 of Part 3 enacts a new Public Service Employment Act to
modernize staffing in the public service while retaining the core values
of merit, excellence, non-partisanship, representativeness and the
ability to serve members of the public with integrity in the official
language of their choice. The Act gives a new meaning to merit and
creates new arrangements for staffing recourse, one of the features of
which is the Public Service Staffing Tribunal. The Public Service
Commission will continue to conduct investigations and audits on
matters within its jurisdiction. The Act establishes, in addition to the
annual reporting by the Public Service Commission, a requirement for
the President of the Treasury Board to report annually to Parliament on
the Treasury Board's responsibilities under the Act.
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Division 2 of Part 3 amends the existing Public Service Employment
Act to permit certain elements of the new Act to come into force sooner.
The amendments establish a new Public Service Commission to
administer the existing Act and to prepare the regulatory and policy
framework for the new Act. They also establish a new Public Service
Staffing Tribunal to prepare for the coming into force of the new Act and
establish a new regime governing the political activities of public
servants in a manner that balances their right to engage in those
activities while maintaining the principle of political impartiality in the
public service.
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Part 4 amends the Canadian Centre for Management Development
Act, which becomes the Canada School of Public Service Act. The
School becomes responsible for learning and development activities for
employees in the public service.
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Parts 5, 6 and 7 contain transitional provisions and consequential and
coordinating amendments.
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Part 8 repeals the Public Service Employment Act, chapter P-33 of
the Revised Statutes of Canada, 1985, and the Public Service Staff
Relations Act, chapter P-35 of the Revised Statutes of Canada, 1985.
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Part 9 contains coming into force provisions.
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