Bill C-8

1st Session, 38th Parliament,

53 Elizabeth II, 2004-2005

house of commons of canada

BILL C-8

An Act to amend the Financial Administration Act, the Canada School of Public Service Act and the Official Languages Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

FINANCIAL ADMINISTRATION ACT

1. (1) Section 6 of the Financial Administration Act is amended by adding the following after subsection (2):

(2.1) The Governor in Council may appoint an officer called the President of the Public Service Human Resources Management Agency of Canada to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department.

(2) Section 6 of the Act is amended by adding the following after subsection (3):

(3.1) The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the President of the Public Service Human Resources Management Agency of Canada

(a) any of the powers or functions in relation to human resources management, official languages, employment equity, and values and ethics that it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council; or

(b) any of the powers or functions in relation to employment that it is authorized to exercise under the Public Service Employment Act.

(3.2) The President of the Treasury Board is responsible for the coordination of the activities of the Secretary of the Treasury Board, the President of the Public Service Human Resources Management Agency of Canada and the Comptroller General of Canada and may, subject to any terms and conditions that the President of the Treasury Board considers appropriate, delegate that responsibility to the Secretary of the Treasury Board or to any person under the President of the Treasury Board’s jurisdiction.

CANADA SCHOOL OF PUBLIC SERVICE ACT

2. Subsection 10(3) of the Canada School of Public Service Act is replaced by the following:

(3) The Secretary of the Treasury Board, the President of the Public Service Human Resources Management Agency of Canada and the President of the School are ex officio governors.

OFFICIAL LANGUAGES ACT

3. Section 47 of the Official Languages Act is replaced by the following:

47. The President of the Public Service Human Resources Management Agency of Canada shall provide the Commissioner with any audit reports that are prepared pursuant to paragraph 46(2)(d).

COORDINATING AMENDMENTS

4. If section 5 of the Public Service Modernization Act comes into force before the day on which section 1 of this Act comes into force, then, on the later of the day on which this Act receives Royal Assent and the day on which that section 5 comes into force, section 1 of this Act is repealed and the Financial Administration Act is amended as follows:

(a) section 6 is amended by adding the following after subsection (2):

(2.1) The Governor in Council may appoint an officer called the President of the Public Service Human Resources Management Agency of Canada to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department.

(b) section 6 is amended by adding the following after subsection (4):

(4.1) The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the President of the Public Service Human Resources Management Agency of Canada

(a) any of the powers or functions in relation to human resources management, official languages, employment equity, and values and ethics that it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council; or

(b) any of the powers or functions in relation to employment that it is authorized to exercise under the Public Service Employment Act.

(4.2) The President of the Treasury Board is responsible and accountable for the coordination of the activities of the Secretary of the Treasury Board, the President of the Public Service Human Resources Management Agency of Canada and the Comptroller General of Canada and may, subject to any terms and conditions that the President of the Treasury Board considers appropriate, delegate that responsibility to the Secretary of the Treasury Board or to any person under the President of the Treasury Board’s jurisdiction.

(c) subsections 6(5) and (6) are replaced by the following:

(5) Subsections (4) and (4.1) do not apply in respect of the Treasury Board’s power to delegate under those subsections or to its power to make regulations.

(6) Any person to whom powers or functions are delegated under subsection (4) or (4.1) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any person under their jurisdiction.

5. If section 5 of the Public Service Modernization Act comes into force after the day on which section 1 of this Act comes into force, then, on the day on which that section 5 comes into force, the Financial Administration Act is amended in the manner and to the extent set out in paragraphs 4(a) to (c) of this Act.

TRANSITIONAL

6. The person occupying the position of President of the Public Service Human Resources Management Agency of Canada on the day on which section 1 comes into force or the day on which section 4 or 5 operates according to its terms, as the case may be, is deemed, as of that day, to be appointed to that position under subsection 6(2.1) of the Financial Administration Act and continues to occupy it until another person is appointed to that position under that subsection.

COMING INTO FORCE

7. The provisions of this Act, other than sections 4 to 6, come into force on a day or days to be fixed by order of the Governor in Council.