Bill C-43

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	HUMAN RESOURCES
Separate employer	50. The Agency is a separate employer under the Public Service Staff Relations Act.
Personnel management	51. (1) Notwithstanding subsections 11(2) and (3) and section 12 of the Financial Administration Act, the Agency may, in the exercise of its responsibilities in relation to personnel management,
	(a) determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources;
	(b) determine requirements for the training and development of its personnel and fix the terms and conditions on which that training and development may be carried out;
	(c) provide for the classification of Agency positions and employees;
	(d) determine and regulate the pay to which persons employed by the Agency are entitled for services rendered, the hours of work and leave of those persons and any related matters;
	(e) provide for the awards that may be made to persons employed by the Agency for outstanding performance of their duties, for other meritorious achievement in relation to those duties and for inventions or practical suggestions for improvements;
	(f) establish standards of discipline for its employees and prescribe the financial and other penalties, including termination of employment and suspension, that may be applied for breaches of discipline or misconduct and the circumstances and manner in which and the authority by which or by whom those penalties may be applied or may be varied or rescinded in whole or in part;
	(g) provide for the termination of employment or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct, of persons employed by the Agency and establish the circumstances and manner in which and the authority by which or by whom those measures may be taken or may be varied or rescinded in whole or in part;
	(h) determine and regulate the payments that may be made to Agency employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; and
	(i) provide for any other matters that the Agency considers necessary for effective personnel management, including terms and conditions of employment not otherwise specifically provided for in this subsection.
Commissioner 's responsibility	(2) The Commissioner must apply the penalties, including termination of employment and suspension, under paragraph (1)(f) and provide for termination or demotion under paragraph (1)(g) on behalf of the Agency.
Group insurance and benefit programs	52. (1) The Agency may establish or enter into a contract to acquire group insurance or benefit programs for its employees and may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management and control and expenditures to be made from those contributions and premiums, and may audit and make contributions and pay premiums in respect of those programs.
Financial Administratio n Act does not apply	(2) The Financial Administration Act does not apply to any contributions made or premiums paid by the Agency or the members in respect of any program established under subsection (1) or any benefits received by the members of such a program.
Appointment of employees	53. (1) The Agency has the exclusive right and authority to appoint any employees that it considers necessary for the proper conduct of its business.
Commissioner 's responsibility	(2) The Commissioner must exercise the appointment authority under subsection (1) on behalf of the Agency.
Staffing program	54. (1) The Agency must develop a program governing staffing, including the appointment of, and recourse for, employees.
Collective agreements	(2) No collective agreement may deal with matters governed by the staffing program.
Mobility to departments	55. (1) For the purpose of deployments or appointments made, or closed competitions held, under the Public Service Employment Act, employees of the Agency must be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act.
When deployments made subject to terms	(2) The Public Service Commission may, in consultation with the Treasury Board, set terms and conditions for the deployment of Agency employees to departments and agencies under the Public Service Employment Act if, in the opinion of the Commission, the principles governing the Agency's staffing program are incompatible with those governing staffing under the Public Service Employment Act.
Mobility to the Agency	(3) When the Agency considers employees within the meaning of the Public Service Employment Act for employment within the Agency, it must treat them as if they were employees of the Agency and had the rights of recourse of Agency employees.
Public Service Commission reports	56. (1) The Public Service Commission may prepare, or have prepared on its behalf, a report to the Agency on the consistency of the Agency's staffing program with the principles set out in the summary of its corporate business plan and must send a copy of the report to the Auditor General and the Treasury Board.
Public Service Commission review	(2) The Public Service Commission may periodically review the compatibility of the principles governing the Agency's staffing program with those governing staffing under the Public Service Employment Act and may report its findings in its annual report.
Political partisanship	57. Sections 32 to 34 of the Public Service Employment Act apply to the Commissioner, Deputy Commissioner and employees of the Agency. For the purposes of those sections, the Commissioner and Deputy Commissioner are deemed to be deputy heads and the employees of the Agency are deemed to be employees as defined in section 2 of that Act.
Authority to enter into collective agreements	58. (1) Notwithstanding section 56 of the Public Service Staff 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.
Consultation with Treasury Board	(2) Before entering into collective bargaining, the Agency must consult with the Treasury Board on its human resource plan, including the total increases in employee salaries or benefits.
Assessment of recourse	59. Following its third full year of operations and periodically after that, the Agency must have prepared, by a person or body other than the Agency, a director or an employee of the Agency, an assessment of the recourse that the Agency provides or administers in its management of human resources. The Agency must publish a summary of the assessment in its next annual report.
	EXPENDITURES
Unexpended appropriations	60. (1) Subject to subsection (4), the balance of money appropriated by Parliament for the use of the Agency that remains unexpended at the end of the fiscal year, after the adjustments referred to in section 37 of the Financial Administration Act are made, lapses at the end of the following fiscal year.
Operational revenues	(2) In carrying out its responsibilities, the Agency may spend revenues received through the conduct of its operations in the fiscal year in which the revenues are received or, subject to subsection (4), in the following fiscal year, including
	(a) payments for the sale, exchange, lease, loan, transfer or other disposition of property, including Agency real property as defined in section 73;
	(b) fees for the provision of a service or the use of a facility or for a product, right or privilege;
	(c) payments received under contracts entered into by the Agency; and
	(d) refunds of expenditures made in the previous fiscal year.
Limitation	(3) The revenues referred to in subsection (2) do not include taxes, duties, penalties or interest collected under the program legislation or the laws of a province or amounts collected for any department, government or public body.
Appropriation Acts	(4) An appropriation Act may provide that money appropriated by Parliament for the use of the Agency in a fiscal year or revenues received by the Agency in that year lapse at the end of it.
	CONTRACTS, AGREEMENTS, ARRANGEMENTS AND LEGAL PROCEEDINGS
Contracts, agreements and arrangements	61. Subject to sections 63 and 65, the Agency may enter into contracts, agreements or other arrangements with governments, public or private organizations and agencies or any person in the name of Her Majesty in right of Canada or in its own name.
Contracts with Her Majesty	62. The Agency may enter into contracts, agreements or other arrangements with Her Majesty as if it were not an agent of Her Majesty.
Agreements to administer a provincial tax	63. (1) The Agency may enter into or amend an agreement with the government of a province to administer a provincial tax or other fiscal measure, if the tax or measure meets the guidelines established by federal and provincial ministers responsible for finance and the Agency follows the procedures established jointly by the Minister and the Minister of Finance.
Application of the Federal-Provi ncial Fiscal Arrangements Act	(2) Parts III and III.1 of the Federal-Provincial Fiscal Arrangements Act do not apply to an agreement entered into or amended under subsection (1).
Interpretation	64. For greater certainty, nothing in this Act gives the Agency the power to enter into any agreement under Part III, III.1 or VII of the Federal-Provincial Fiscal Arrangements Act, or under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the Canada-Newfoundland Atlantic Accord Implementation Act or to amend an agreement entered into under those Acts.
International contracts	65. The Agency may not enter into a contract, agreement or other arrangement, other than a contract for the procurement of goods and services by the Agency, with
	(a) an international organization;
	(b) the government of a foreign state or a subdivision of a foreign state;
	(c) an institution of an organization or government referred to in paragraph (a) or (b); or
	(d) a person acting on behalf of or retained by a body referred to in any of paragraphs (a) to (c).
Choice of service providers	66. Notwithstanding section 9 of the Department of Public Works and Government Services Act, the Agency may procure goods and services, other than legal services, from outside the public service of Canada.
Legal services	67. (1) Subject to subsection (2), the Attorney General of Canada must advise the Agency on all matters of law connected with the Agency and must have the regulation and conduct of all litigation for or against the Agency.
Exception	(2) The Agency may, with the approval of the Attorney General of Canada or the Governor in Council,
	(a) appoint its own legal officers; or
	(b) retain the services of legal counsel from outside the Department of Justice.
Services by Public Service Commission	68. If the Agency requests it to do so, the Public Service Commission may, as a service to the Agency, perform any activity that the Commission is authorized to carry out under the Public Service Employment Act, and the Commission may recover its costs in providing the service.
Legal proceedings	69. Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency.
Assertions against third parties	70. Unless a person who deals with the Agency or with any person who has acquired rights from it knows that the facts asserted are true, the Agency may not assert against the person that
	(a) this Act or the by-laws of the Agency have not been complied with;
	(b) a person held out by the Agency to be its Commissioner, a director or an employee has not been duly appointed or has no authority to exercise the powers and perform the duties that are usual for a person in that position; or
	(c) a document issued by the Commissioner, a director or an employee of the Agency having apparent authority to issue it is invalid because the person lacked actual authority to issue it.
	INTELLECTUAL PROPERTY
Intellectual property	71. The Agency may license, sell or otherwise make available any patent, copyright, industrial design, trade-mark or other similar property right that it holds or develops.
Inventions	72. Notwithstanding section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an employee of the Agency and vested in Her Majesty by that Act and any patent issued with respect to the invention are vested in the Agency.
	REAL PROPERTY
Definitions	73. The definitions in this section apply in this section and in sections 74 to 84.
``administrati on'' « gestion »	``administration'' means the right to use, manage, construct, maintain or repair real property.
``Agency real property'' « immeuble de l'Agence »	``Agency real property'' means real property under the administration of the Agency.
``licence'' « permis »	``licence'' has the same meaning as in section 2 of the Federal Real Property Act.
``real property'' « immeuble »	``real property'' has the same meaning as in section 2 of the Federal Real Property Act.
Administratio n of real property	74. (1) The Agency has the administration of any real property acquired by the Agency by purchase, lease, transfer, gift, devise or otherwise.
Title	(2) Agency real property is the property of the Crown and title may be held in the name of Her Majesty in right of Canada or in the name of the Agency.
Transfer of administration of real property	(3) For greater certainty, where the administration of any real property is transferred to the Agency, that property is Agency real property.
Acquisition of real property	75. (1) The Agency may acquire real property in its own name or in the name of Her Majesty in right of Canada by purchase, lease, gift, devise or otherwise.
Disposition of real property	(2) The Agency may dispose of Agency real property by sale, lease, gift or otherwise.
Transactions with Her Majesty	(3) The Agency may acquire real property from or dispose of Agency real property to Her Majesty by deed, lease or otherwise, as if it were not an agent of Her Majesty.
Licences	76. The Agency may give, acquire, relinquish or accept the relinquishment of a licence.
Transfers to provinces	77. (1) The Agency may transfer to Her Majesty in right of a province the administration and control of any Agency real property.
Transfers from provinces	(2) The Agency may accept a transfer of the administration and control of any real property held by Her Majesty in right of a province.
Grants	78. (1) Agency real property may be granted
	(a) by letters patent under the Great Seal;
	(b) by an instrument of grant stating that it has the same force and effect as if it were letters patent;
	(c) by a plan if, under the laws of Canada or a province, a plan may operate as an instrument granting, dedicating, transferring or conveying real property;
	(d) by any instrument by which, under the laws in force in the province in which the property is situated, real property may be transferred by a private person; or
	(e) by any instrument by which, under the laws in force in a jurisdiction outside Canada in which the property is situated, real property may be transferred.
Granting of leases	(2) A leasehold estate in Agency real property within Canada may also be granted by a lease that is not an instrument referred to in paragraph (1)(a) or (b), whether or not it is an instrument by which real property in a province may be transferred by a private person.

Bill C-43

HUMAN RESOURCES

EXPENDITURES

CONTRACTS, AGREEMENTS, ARRANGEMENTS AND LEGAL PROCEEDINGS

INTELLECTUAL PROPERTY

REAL PROPERTY