Bill C-25
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Five-year Review |
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Review
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252. Five years after the day on which this
section comes into force, the minister
designated by the Governor in Council for the
purposes of this section must cause a review of
this Act and its administration and operation
to be conducted, and cause a report on the
review to be laid before each House of
Parliament on any of the first 15 days on which
that House is sitting after the review is
completed.
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PART 2 |
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R.S., c. F-11
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AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT |
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3. Section 3 of the Financial
Administration Act is amended by adding
the following after subsection (6):
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Addition to
Schedule IV
or V
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(7) The Governor in Council may, by order,
add to Schedule IV or V the name of any
portion of the federal public administration
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Transfers
between
Schedules IV
and V
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(8) The Governor in Council may, by order,
delete the name of any portion of the federal
public administration named in Schedule IV
or V, in which case the Governor in Council
must add the name of that portion to the other
one of those two schedules, but the Governor
in Council need not do so if that portion
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Application of
Canada
Labour Code
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(9) The exclusion of a corporation from the
operation of Part I of the Canada Labour Code
ceases to have effect if the corporation's name
is deleted from Schedule IV or V without a
corresponding addition to the other one of
those two schedules.
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4. The Act is amended by adding the
following before section 5:
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Establishment
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1991, c, 24, s.
50 (Sch. II, s.
2) (F)
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5. Section 6 of the Act is replaced by the
following:
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Public Officers
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Duties of
President
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6. (1) The President of the Treasury Board
holds office during pleasure and presides over
meetings of the Treasury Board.
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Secretary of
the Treasury
Board
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(2) The Governor in Council may appoint
an officer called the Secretary of the Treasury
Board to hold office during pleasure, which
officer ranks as and has the powers of a deputy
head of a department.
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Comptroller
General of
Canada
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(3) The Governor in Council may appoint
an officer called the Comptroller General of
Canada to hold office during pleasure, which
officer ranks as and has the powers of a deputy
head of a department.
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Delegation
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(4) The Treasury Board may delegate to the
President of the Treasury Board, to the
Secretary of the Treasury Board, to the
Comptroller General of Canada or to the
deputy head or chief executive officer of any
portion of the federal public administration
any of the powers or functions it is authorized
to exercise under any Act of Parliament or by
any order made by the Governor in Council. It
may make the delegation subject to any terms
and conditions that it considers appropriate.
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Exception
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(5) Subsection (4) does not apply in respect
of the Treasury Board's power to delegate
under that subsection or to its power to make
regulations.
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Sub-delegatio
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(6) Any person to whom powers or
functions are delegated under subsection (4)
may, subject to and in accordance with the
delegation, sub-delegate any of those powers
or functions to any person under their
jurisdiction.
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Officers and
employees
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(7) The other officers and employees that
are necessary for the proper conduct of the
business of the Treasury Board are to be
appointed in the manner authorized by the
Public Service Employment Act.
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Responsibilities and Powers
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6. Paragraph 7(1)(e) of the Act is replaced
by the following:
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1996, c. 18,
s. 3
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7. Subsection 7.1(1) of the English version
of the Act is replaced by the following:
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Group
insurance and
benefit
programs
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7.1 (1) The Treasury Board may establish or
enter into a contract to acquire group
insurance or benefit programs for the federal
public administration or any of its portions,
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 premiums and
contributions and may audit and pay
premiums and make contributions in respect
of those programs.
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R.S., c. 9 (1st
Supp.),
s. 22(1); 1992,
c. 54, ss. 81(1)
and (3); 1995,
c. 44, s. 51;
1996, c. 18,
ss. 5 and 6;
1999, c. 31,
s. 101(F)
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8. Sections 11 and 12 of the Act are
replaced by the following:
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Human Resources Management
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Definitions
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11. (1) The following definitions apply in
this section and sections 11.1 to 13.
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``core public
administration
'' « administrati on publique centrale »
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``core public administration'' means the
departments named in Schedule I and the
other portions of the federal public
administration named in Schedule IV.
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``deputy
head'' « administrate ur général »
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``deputy head'' means
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``public
service'' « fonction publique »
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``public service'' means the several positions
in or under
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``separate
agency'' « organisme distinct »
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``separate agency'' means a portion of the
federal public administration named in
Schedule V.
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Designation
of certain
deputy heads
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(2) The Governor in Council may designate
any position to be the position of deputy head
in respect of
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Powers of the
Treasury
Board
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11.1 (1) In the exercise of its human
resources management responsibilities under
paragraph 7(1)(e), the Treasury Board may
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Limitation
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(2) The powers of the Treasury Board in
relation to any of the matters specified in
subsection (1)
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Delegation by
Governor in
Council
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11.2 (1) The Governor in Council may
delegate to the minister of the Crown
responsible for a separate agency, or to its
deputy head, any of the powers or functions of
the Governor in Council or the Treasury Board
in relation to human resources management in
that separate agency, subject to any terms and
conditions that the Governor in Council
directs.
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Sub-delegatio
n
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(2) Any person to whom powers or
functions are delegated under subsection (1)
may, subject to and in accordance with the
delegation, sub-delegate any of those powers
or functions to any person under their
jurisdiction.
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Powers of
deputy heads
in core public
administration
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12. (1) Subject to paragraphs 11.1(1)(f) and
(g), every deputy head in the core public
administration may, with respect to the
portion for which he or she is deputy head,
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Powers of
other deputy
heads
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(2) Subject to any terms and conditions that
the Governor in Council may direct, every
deputy head of a separate agency, and every
deputy head designated under paragraph
11(2)(b), may, with respect to the portion of
the federal public administration for which he
or she is deputy head,
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For cause
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(3) Disciplinary action against, or the
termination of employment or the demotion
of, any person under paragraph (1)(c), (d) or
(e) or (2)(c) or (d) may only be for cause.
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Limitation
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12.1 Section 11.1 and subsection 12(2)
apply subject to the provisions of any Act of
Parliament, or any regulation, order or other
instrument made under the authority of an Act
of Parliament, respecting the powers or
functions of a separate agency.
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Delegation by
deputy head
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12.2 (1) A deputy head may delegate to any
person any of the deputy head's powers or
functions in relation to human resources
management, subject to any terms and
conditions that he or she directs.
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Sub-delegatio
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(2) Any person to whom powers or
functions are delegated under subsection (1)
may, subject to and in accordance with the
delegation, sub-delegate any of those powers
or functions to any other person.
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National Joint
Council
agreements
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12.3 (1) Despite any other Act of
Parliament, if the employment of an employee
is terminated under paragraph 12(1)(f),
agreements of the National Joint Council,
other than agreements of the National Joint
Council that are related to work force
adjustment, cease to apply to the employee
immediately before the termination of
employment, unless the termination of
employment was the result of the transfer of
any work, undertaking or business from the
core public administration to any body or
corporation that is
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Accrued
benefits
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(2) Her Majesty in right of Canada, as
represented by the Treasury Board, continues
to be responsible for any obligation of Her
Majesty in respect of benefits arising out of
agreements of the National Joint Council that
had accrued to employees of a body or
corporation immediately before the date of the
transfer referred to in subsection (1).
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