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Bill C-25

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Investigation and dismissal - deputy head

33.4 (1) The Commission may investigate any allegation, made to it by a person who is or has been a candidate in an election, that a deputy head has contravened section 33.2 and, if it concludes that the allegation is substantiated, the Commission shall report its conclusion to the Governor in Council and the Governor in Council may dismiss the deputy head.

Exception

(2) Subsection (1) does not apply in respect of any deputy head whose removal from office is expressly provided for by this or any other Act, otherwise than by termination of his or her appointment at pleasure.

Powers under Inquiries Act

33.5 In conducting any investigation under this Part, the Commission has all the powers of a commissioner under Part II of the Inquiries Act.

Persons acting for Commission

33.6 (1) The Commission may direct that any investigation under this Part be conducted, in whole or in part, by one or more Commissioners or other persons.

Powers of Commissioner

(2) A Commissioner directed under subsection (1) has the powers referred to in section 33.5 in relation to the matter before the Commissioner.

Powers of other person

(3) Subject to any limitations specified by the Commission, a person directed under subsection (1), other than a Commissioner, has the powers referred to in section 33.5 in relation to the matter before the person.

Right to be heard

34. A person making an allegation under section 33.3 or 33.4 and the employee or deputy head against whom it is made - or their representatives - are entitled to be heard by the Commission, Commissioner or other person, whichever is conducting the investigation.

18. Subsection 36(1) of the Act is amended by adding the word ``and'' at the end of paragraph (a), by striking out the word ``and'' at the end of paragraph (b) and by repealing paragraph (c).

19. The Act is amended by adding the following after section 48:

PART V

PUBLIC SERVICE STAFFING TRIBUNAL

Establishment

Tribunal established

49. (1) A tribunal is established, to be called the Public Service Staffing Tribunal, consisting of between five and seven permanent members appointed by the Governor in Council and any temporary members that are appointed under section 51.

Eligibility

(2) In order to be eligible to hold office as a member, a person must

    (a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act; and

    (b) have knowledge of or experience in employment matters in the public sector.

Full-time or part-time

(3) Members shall be appointed on a full-time or part-time basis.

Chairperson and Vice-Chairper son

(4) The Governor in Council shall designate a full-time permanent member to be Chairperson of the Tribunal and a full-time or part-time permanent member to be its Vice-Chairperson.

Residence of Chairperson

(5) The Chairperson shall reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance of it specified by the Governor in Council.

Oath or affirmation

(6) Before commencing his or her functions, a person appointed as a member of the Tribunal shall take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:

I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgement, skill and ability, execute and perform the office of member (or Chairperson or Vice-Chairperson) of the Public Service Staffing Tribunal.

Tenure

50. (1) A permanent member of the Tribunal holds office during good behaviour for a term not exceeding five years, but may be removed for cause by the Governor in Council.

Reappointmen t

(2) A permanent member is eligible to be reappointed.

Temporary members

51. (1) The Governor in Council may appoint temporary members of the Tribunal whenever, in the Governor in Council's opinion, the workload of the Tribunal so requires.

Tenure

(2) A temporary member of the Tribunal holds office during good behaviour for a term not exceeding two years, but may be removed for cause by the Governor in Council.

Reappointmen t

(3) A temporary member is eligible to be reappointed.

Carrying out functions

52. Members shall not accept or hold any office or employment or carry on any activity inconsistent with their functions, and full-time members shall devote the whole of their time to the performance of their functions.

Remuneration

53. (1) A member shall be paid the remuneration fixed by the Governor in Council.

Expenses

(2) Members are entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.

Application of Public Service Superannuati on Act

(3) Full-time members are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act.

Application of other Acts

(4) All members are deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act.

Offices

54. (1) The head office of the Tribunal shall be in the National Capital Region described in the schedule to the National Capital Act and the Tribunal may, with the approval of the Governor in Council, establish any regional offices that it considers necessary to carry out its mandate.

Services and facilities

(2) In executing its mandate, the Tribunal may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the operation of the Tribunal.

Chief executive officer

55. (1) The Chairperson of the Tribunal is its chief executive officer and has supervision over and direction of the work of the Tribunal.

Delegation by Chairperson

(2) The Chairperson may authorize the Vice-Chairperson to exercise any of the Chairperson's powers or perform any of the Chairperson's functions.

Absence of Chairperson

(3) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, the Vice-Chairperson shall act as the Chairperson and, while so acting, has all the powers and shall perform all the duties of the Chairperson.

Acting Chairperson

(4) If both the Chairperson and the Vice-Chairperson are absent or unable to act or if both of their offices are vacant, the minister designated by the Governor in Council for the purpose of this section may authorize a permanent member or other qualified person to act as Chairperson for a period not exceeding 60 days and the Governor in Council may authorize a permanent member or other qualified person to act as Chairperson for any longer period.

Human resources

56. (1) The Chairperson of the Tribunal may employ persons for the proper conduct of the Tribunal's work, fix their period of employment, establish their probationary periods, reject them on probation and lay them off.

Experts and advisers

(2) The Chairperson may retain on a temporary basis the services of mediators and other experts or persons having technical or special knowledge to assist the Tribunal in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration.

Application of Public Service Superannuati on Act

(3) Persons retained under subsection (2) are not employed in the Public Service for the purposes of the Public Service Superannuation Act.

20. The Act is amended by adding the following after section 56, as enacted by section 19 of this Act:

Political activities

57. Sections 32 to 34 apply to persons employed by the Tribunal as if they were employees as defined in subsection 2(1).

PART 4

1991, c. 16

AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT

21. The long title of the Canadian Centre for Management Development Act is replaced by the following:

An Act respecting the Canada School of Public Service

22. Section 1 of the Act is replaced by the following:

Short title

1. This Act may be cited as the Canada School of Public Service Act.

23. (1) The definitions ``Centre'' and ``Principal'' in section 2 of the Act are repealed.

(2) The definition ``Board'' in section 2 of the Act is replaced by the following:

``Board''
« conseil »

``Board'' means the Board of Governors of the School constituted by section 7;

(3) Section 2 of the Act is amended by adding the following in alphabetical order:

``President''
« président »

``President'' means the President of the School appointed under subsection 13(1);

``School''
« École »

``School'' means the Canada School of Public Service continued under subsection 3(1).

24. The heading before section 3 and sections 3 and 4 of the Act are replaced by the following:

CONTINUATION

Continuation

3. (1) The Canadian Centre for Management Development, established by subsection 3(1) of the Canadian Centre for Management Development Act, is continued as a corporation under the name of the Canada School of Public Service.

Principal office

(2) The principal office of the School shall be in the National Capital Region described in the schedule to the National Capital Act.

Crown agent

(3) The School is an agent of Her Majesty in right of Canada.

OBJECTS AND POWERS

Objects

4. The objects of the School are

    (a) to encourage pride and excellence in the Public Service and to foster in managers and other Public Service employees a sense of the purposes, values and traditions of the Public Service;

    (b) to help ensure that those managers have the analytical, creative, advisory, administrative and other managerial skills and knowledge necessary to develop and implement policy, respond to change, including changes in the social, cultural, racial and linguistic character of Canadian society, and manage government programs, services and personnel efficiently, effectively and equitably;

    (c) to help managers and other Public Service employees to develop successful cooperative relationships at all levels through leadership, motivation, effective internal communications and the encouragement of innovation, high-quality service to the public and skills development;

    (d) to develop within the Public Service and to attract to the Public Service, through the School's programs and studies, persons who are of high calibre and who reflect the diversity of Canadian society, and to support their growth and development as public sector managers and employees committed to the service of Canada;

    (e) to formulate and provide training, orientation and development programs for public sector managers and employees, particularly for those in the Public Service;

    (f) to assist deputy heads in meeting the learning needs of their organization, including by way of delivering training and development programs;

    (g) to study and conduct research into the theory and practice of public sector management and public administration; and

    (h) to encourage a greater awareness in Canada of issues related to public sector management, public administration and the role and functions of government and to involve a broad range of individuals and institutions in the School's pursuit of excellence in public administration.

2001, c. 4, s. 68(1)

25. (1) The portion of section 5 of the Act before paragraph (b) is replaced by the following:

Powers

5. In carrying out its objects, the School has the capacity of a natural person and may

    (a) acquire, manage, maintain, design and operate training, orientation and development programs for public sector managers and employees, particularly for those in the Public Service, and acquire personal and movable property;

(2) Paragraph 5(b) of the English version of the Act is replaced by the following:

    (b) assist departments, boards and agencies of the Government of Canada through programs, studies and documentation developed at the School;

(3) Paragraph 5(d) of the Act is replaced by the following:

    (d) contribute funds for the pursuit of research or other activities related to the theory and practice of public sector management and public administration;

(4) Paragraph 5(f) of the Act is replaced by the following:

    (f) license, sell or otherwise make available any copyright, trade-mark or other similar property right held, controlled or administered by the School;

(5) Paragraph 5(g) of the English version of the Act is replaced by the following:

    (g) enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the name of the School;

(6) Paragraph 5(i) of the English version of the Act is replaced by the following:

    (i) do all things necessary or incidental to the attainment of the objects of the School.

26. Sections 6 and 7 of the Act are replaced by the following:

Government facilities

6. In carrying out its objects and exercising its powers, the School shall make use of any available services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the operation of the School.

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