Bill C-25

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	DIVISION 4
	TRANSITIONAL PROVISIONS ARISING FROM THE AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT IN PART 4
References	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.
References - Principal	(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.
Continuation of rights and property	(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.
Continuation of obligations and liabilities	(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.
Continuation of proceedings	(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.
Transitional - governors	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.
Transitional - employees	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.
Transitional - TDC employees	(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.
Transfer by Governor in Council	(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
	(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
	(b) it is in the best interests of the Public Service to do so.
Status unchanged	(4) Nothing in subsections (2) and (3) shall be construed as affecting the status of
	(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
	(b) an employee transferred by an order made under subsection (3).
	PART 6
	CONSEQUENTIAL AMENDMENTS
	DIVISION 1
	CONSEQUENTIAL AMENDMENTS ARISING FROM THE ENACTMENT OF THE PUBLIC SERVICE LABOUR RELATIONS ACT IN PART 1 AND THE AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT IN PART 2
R.S., c. A-1	Access to Information Act
	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''.
R.S., c. A-2	Aeronautics Act
R.S., c. 33 (1st Supp.), s. 1	*89. Subsection 9(1) of the Aeronautics Act* is replaced by the following:**
Regulations establishing compensation payable for death or injury	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 .
R.S, c. A-17	Auditor General Act
	*90. Subsection 13(1) of the English version of the Auditor General Act* is replaced by the following:**
Access to information	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.
	91. Subsection 15(4) of the Act is repealed.
	92. Section 16 of the Act is replaced by the following:
Responsibility for human resources management	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.
Delegation	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.
Sub-delegatio n	(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.
R.S., c. B-2	Bank of Canada Act
	*93. Paragraph 6(4)(c) of the English version of the Bank of Canada Act* is replaced by the following:**
	(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;
	94. Paragraph 10(4)(b) of the English version of the Act is replaced by the following:
	(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
1999, c. 17	Canada Customs and Revenue Agency Act
	*95. Paragraph 16(2)(c) of the English version of the Canada Customs and Revenue Agency Act* is replaced by the following;**
	(c) is employed on a full-time basis in the federal public administration or the public service of a province or territory.
	96. Paragraph 30(1)(d) of the Act is replaced by the following:
	(d) human resources management, including the determination of the terms and conditions of employment of persons employed by the Agency.
	97. Section 50 of the Act is replaced by the following:
Separate agency	50. The Agency is a separate agency under the Public Service Labour Relations Act.
	98. The portion of subsection 51(1) of the Act before paragraph (a) is replaced by the following:
Human resources management	51. (1) The Agency may, in the exercise of its responsibilities in relation to human resources management,
	99. Subsection 58(1) of the Act is replaced by the following:
Authority to enter into collective agreements	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.
2000, c. 9	Canada Elections Act
	*100. Paragraph 11(b) of the Canada Elections Act* is replaced by the following:**
	(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;
	101. Subsection 15(3) of the English version of the Act is replaced by the following:
Superannuatio n and compensation	(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.
	102. Subsection 19(2) of the English version of the Act is replaced by the following:
Superannuatio n and compensation	(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.
	103. Paragraph 222(2)(a) of the Act is replaced by the following:
	(a) employed outside Canada in the federal public administration or the public service of a province;
R.S., c. C-5	Canada Evidence Act
	*104. Subsections 26(1) to (3) of the English version of the Canada Evidence Act* are replaced by the following:**
Books kept in offices under Government of Canada	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.
Proof of non-issue of licence or document	(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.
Proof of mailing departmental matter	(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.
2001, c. 41, s. 44	105. Item 11 of the schedule to the Act is replaced by the following:
	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