Law:Canada School of Public Service Act
From Law Delta
S.c. 1991, c. 16
Assented to 1991-03-27
An Act respecting the Canada School of Public Service
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. This Act may be cited as the Canada School of Public Service Act.
1991, c. 16, s. 1; 2003, c. 22, s. 22.
2. In this Act,
« conseil »
“Board” means the Board of Governors of the School constituted by section 7;
“Centre”(Repealed, 2003, c. 22, s. 23)
« ministre »
“Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;
« président »
“President” means the President of the School appointed under subsection 13(1);
“Principal”(Repealed, 2003, c. 22, s. 23)
« fonction publique »
“public service” has the meaning given that expression in the Public Service Labour Relations Act;
« École »
“School” means the Canada School of Public Service continued under subsection 3(1).
1991, c. 16, s. 2; 2003, c. 22, ss. 23, 132(E).
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.
(2) The principal office of the School shall be in the National Capital Region described in the schedule to the National Capital Act.
(3) The School is an agent of Her Majesty in right of Canada.
1991, c. 16, s. 3; 2003, c. 22, s. 24.
Objects And Powers
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.
1991, c. 16, s. 4; 2003, c. 22, ss. 24, 225(E).
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;
(b) assist departments, boards and agencies of the Government of Canada through programs, studies and documentation developed at the School;
(c) cooperate with other persons and bodies engaged in management and personnel development;
(d) contribute funds for the pursuit of research or other activities related to the theory and practice of public sector management and public administration;
(e) provide services and facilities to any person or government, and charge fees therefor as provided by section 18;
(f) license, sell or otherwise make available any copyright, trade-mark or other similar property right held, controlled or administered by the School;
(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;
(h) acquire any money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of the property subject to the terms, if any, on which the gift or bequest was made; and
(i) do all things necessary or incidental to the attainment of the objects of the School.
1991, c. 16, s. 5; 2001, c. 4, s. 68; 2003, c. 22, ss. 25, 225(E).
Previous VersionGovernment 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.
1991, c. 16, s. 6; 2003, c. 22, s. 26.
Board of Governors
7. The School shall have a Board of Governors composed of not more than fifteen governors, including a Chair and three ex officio governors.
1991, c. 16, s. 7; 2003, c. 22, s. 26.
8. (1) The governors of the School, other than the Chair and ex officio governors, shall be appointed by the Governor in Council to hold office during pleasure for terms not exceeding three years, their terms being staggered so that not more than one half of their terms will expire in any year.
(2) A governor appointed pursuant to subsection (1), on the expiration of a first or any subsequent term of office, is eligible to be reappointed for a further term.
1991, c. 16, s. 8; 2003, c. 22, s. 27.
9. (1) Appointments to the Board subsequent to the first appointments shall only be made following consultation by the Minister with the Board.
(2) Appointments under section 8 shall be made so that, of the governors other than the Chair, there are equal numbers of persons who are employed in the public service and persons who are not so employed.
1991, c. 16, s. 9; 2003, c. 22, s. 225(E).
10. (1) The Clerk of the Privy Council and Secretary to the Cabinet is Chair of the Board of Governors.
(2) In the event of a vacancy in the office of Chair, the Board may appoint a person to act as Chair, but the term of such an appointment shall not exceed ninety days except with the approval of the Governor in Council.
Ex officio governors
(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.
1991, c. 16, s. 10; 2003, c. 22, s. 28; 2005, c. 15, s. 2.
11. (1) The governors are entitled to be paid such travel and living expenses incurred by them in connection with the work of the Board away from their ordinary places of residence as may be fixed by the Governor in Council.
(2) The governors who are not employed in the public service may be paid such remuneration as the Governor in Council may fix for their attendance at meetings of the Board or for work performed for it.
1991, c. 16, s. 11; 2003, c. 22, s. 225(E).
12. The Board is responsible for the conduct and management of the affairs of the School and shall meet at least twice during each fiscal year at the time and place determined by the Chair.
1991, c. 16, s. 12; 2003, c. 22, s. 29.
Officers And Employees
13. (1) The Governor in Council shall, after consultation by the Minister with the Board, appoint an officer, to be called the President of the School, to hold office for a term not exceeding five years, and the President has the rank and status of a deputy minister.
Chief executive officer
(2) The President is the chief executive officer of the School and has supervision over and direction of the work and staff of the School.
Programs and studies
(3) In exercising supervision over the School and direction of its programs, the President shall take into consideration the policies of the Government of Canada as well as the policies with respect to learning, training and development needs and priorities that are established by the Treasury Board under paragraph 11.1(1)(f) of the Financial Administration Act.
(4) In the event of a vacancy in the office of President, the Board may appoint a senior officer of the School to act as President, but the term of such an appointment shall not exceed ninety days except with the approval of the Governor in Council.
1991, c. 16, s. 13; 2003, c. 22, ss. 30, 132.1.
14. On the expiration of any term of office, the President is eligible to be reappointed for a further term.
1991, c. 16, s. 14; 2003, c. 22, s. 30.
Other Officers and Employees
Appointments under Public Service Employment Act
15. (1) The officers and employees necessary for the conduct of the work of the School shall be appointed in accordance with the Public Service Employment Act.
(2) Despite subsection (1), the President may, on behalf of the School, appoint and employ teaching and research staff and may, with the approval of the Treasury Board, establish the terms and conditions of their employment, including their remuneration.
Act not applicable
(3) The Public Service Labour Relations Act does not apply to any person employed by the School under subsection (2).
Acts and regulations applicable
(4) Each person employed by the School under subsection (2) is deemed to be an employee for the purposes of the Government Employees Compensation Act, to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act, and to be employed in the public service for the purposes of the Public Service Superannuation Act.
1991, c. 16, s. 15; 2003, c. 22, ss. 31, 133(E).
Teaching And Research Services
16. The President may enter into contracts for the provision of teaching and research services to the School and for other professional services connected with the management of the programs of the School.
1991, c. 16, s. 16; 2003, c. 22, s. 32.
Power to make by-laws
17. The Board may make by-laws respecting the conduct and management of the affairs of the School, including the exercise of its powers under section 5, and may by those by-laws establish an executive committee and delegate to that committee any of its powers or functions.
1991, c. 16, s. 17; 2003, c. 22, s. 32.
Setting amount of fees
18. (1) The Board may, with the approval of the Treasury Board, prescribe the fees or the manner of determining the fees
(a) to be charged for any service or for the use of any facility provided by the School; or
(b) to be charged by the School when selling, licensing the use of or otherwise making available any copyright, trade-mark or other similar property right held, controlled or administered by the School.
(2) Subject to any conditions imposed by the Treasury Board, the revenue from fees received by the School in a fiscal year through the conduct of its operations may be spent by the School for its purposes in that, or the next, fiscal year.
1991, c. 16, s. 18; 2001, c. 4, s. 69(F); 2003, c. 22, s. 32.
Review And Report
19. (1) Within four months after the end of each fiscal year, the Board shall submit to the Minister a report on the operations of the School.
Tabling in Parliament
(2) The Minister shall cause a copy of the report to be laid before each House of Parliament within the first fifteen sitting days of that House after the Minister has received the report.
Review and report
(3) The Board shall, before December 1, 2006 and within every five years after that date, cause a review and report to be made of the activities and organization of the School.
Tabling in Parliament
(4) The Minister shall cause a copy of the report referred to in subsection (3) to be laid before each House of Parliament within the first thirty days that that House is sitting after the report is made.
1991, c. 16, s. 19; 2003, c. 22, s. 34.
Previous Version20. (Repealed, 2003, c. 22, s. 35)
21. to 25. (Amendments)
Coming Into Force
Coming into force
- 26. This Act shall come into force on a day to be fixed by order of the Governor in Council.
- (Note: Act in force December 1, 1991, see Si/91-158.)