Law:Public Service Modernization Act

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S.c. 2003, c. 22

Assented to 2003-11-07

An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts

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

Short title

1. This Act may be cited as the Public Service Modernization Act.


Contents

Part 1. Public Service Labour Relations Act

2. The Public Service Labour Relations Act is enacted as follows:

(See Public Service Labour Relations Act)


Part 2. Amendments To The Financial Administration Act

3. (Amendment)

4. (Amendment)

5. (Amendment)

6. (Amendment)

7. (Amendment)

8. (Amendment)

9. (Amendment)

10. (Amendment)

11. (Amendment)


Part 3. Public Service Employment Act

Division 1

Enactment of Act

12. The Public Service Employment Act is enacted as follows:

(See Public Service Employment Act)

Schedule to the Public Service Employment Act

13. The schedule to thePublic Service Employment Act enacted by section 12 of this Act is set out in Schedule 2 to this Act.


Division 2

Amendments to the Public Service Employment Act

14. (Amendment)

The following provision is not in force.15. (Amendment)

The following provision is not in force.16. (Amendment)

The following provision is not in force.17. (Amendment)

The following provision is not in force.18. (Amendment)

19. (Amendment)

The following provision is not in force.20. (Amendment)


Part 4. Amendments To The Canadian Centre For Management Development Act

21. (Amendment)

22. (Amendment)

23. (Amendment)

24. (Amendment)

25. (Amendment)

26. (Amendment)

27. (Amendment)

28. (Amendment)

29. (Amendment)

30. (Amendment)

31. (Amendment)

32. (Amendment)

33. (Amendment)

34. (Amendment)

35. (Amendment)


Part 5. Transitional

Division 1

Transitional Provisions Arising from the Enactment of the Public Service Labour Relations Act in Part 1

Interpretation

36. (Transitional provision)


Public Service Staff Relations Board

37. (Transitional provision)

38. (Transitional provision)

39. (Transitional provision)

40. (Transitional provision)

41. (Transitional provision)

42. (Transitional provision)

43. (Transitional provision)

44. (Transitional provision)

45. (Transitional provision)

46. (Transitional provision)

47. (Transitional provision)


Bargaining Agents and Bargaining Units

48. (Transitional provision)

49. (Transitional provision)


Managerial or Confidential Position

50. (Transitional provision)


Choice of Process for Dispute Resolution

51. (Transitional provision)


Collective Agreements and Arbitral Awards

52. (Transitional provision)

53. (Transitional provision)


Conciliators and Fact Finders

54. (Transitional provision)

55. (Transitional provision)


Alternate Dispute Resolution Process

56. (Transitional provision)


Arbitration

57. (Transitional provision)


Designations, Conciliation and Prohibitions

58. (Transitional provision)


Complaints

59. (Transitional provision)

60. (Transitional provision)


Grievances

61. (Transitional provision)

62. (Transitional provision)

63. (Transitional provision)

64. (Transitional provision)

65. (Transitional provision)

66. (Transitional provision)


Division 2

Transitional Provision Arising from the Amendments to the Financial Administration Act in Part 2

67. (Transitional provision)


Division 3

Transitional Provisions Arising from Part 3

68. (Transitional provision)


Subdivision a

Transitional Provisions Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3

69. (Transitional provision)

70. (Transitional provision)

71. (Transitional provision)

72. (Transitional provision)

73. (Transitional provision)

74. (Transitional provision)

75. (Transitional provision)

76. (Transitional provision)


Subdivision b

Transitional Provisions Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3

77. (Transitional provision)

78. (Transitional provision)

79. (Transitional provision)

80. (Transitional provision)

81. (Transitional provision)

82. (Transitional provision)

83. (Transitional provision)

The following provision is not in force.84. (Transitional provision)


Division 4

Transitional Provisions Arising from the Amendments to the Canadian Centre for Management Development Act in Part 4

85. (Transitional provision)

86. (Transitional provision)

87. (Transitional provision)


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

Access to Information Act

88. (Amendment)


Aeronautics Act

89. (Amendment)


Auditor General Act

90. (Amendment)

91. (Amendment)

92. (Amendment)


Bank of Canada Act

93. (Amendment)

94. (Amendment)


Canada Customs and Revenue Agency Act

95. (Amendment)

96. (Amendment)

97. (Amendment)

98. (Amendment)

99. (Amendment)


Canada Elections Act

100. (Amendment)

101. (Amendment)

102. (Amendment)

103. (Amendment)


Canada Evidence Act

104. (Amendment)

105. (Amendment)


Canada Grain Act

106. (Amendment)


Canada Labour Code

107. (Amendment)

108. (Amendment)

109. (Amendments)

110. (Amendment)

111. (Amendment)

112. (Amendment)


Canada Marine Act

113. (Amendment)

114. (Amendment)


Canada Mortgage and Housing Corporation Act

115. (Amendment)

116. (Amendment)


Canada-Newfoundland Atlantic Accord Implementation Act

117. (Amendment)

118. (Amendments)

119. (Amendment)

120. (Amendment)

121. (Amendment)


Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

122. (Amendment)

123. (Amendments)

124. (Amendment)

125. (Amendment)

126. (Amendment)


Canada Oil and Gas Operations Act

127. (Amendment)

128. (Amendment)


Canada Pension Plan

129. (Amendment)

130. (Amendment)


Canada Petroleum Resources Act

131. (Amendment)


Canada School of Public Service Act

132. (Amendment)

132.1 (Amendment)

133. (Amendment)


Canadian Commercial Corporation Act

134. (Amendment)


Canadian Food Inspection Agency Act

135. (Amendment)


Canadian Forces Superannuation Act

136. (Amendment)


Canadian Human Rights Act

137. (Amendment)


Canadian Institutes of Health Research Act

138. (Amendment)

139. (Amendment)

140. (Amendment)

141. (Amendment)


Canadian Payments Act

142. (Amendment)


Canadian Security Intelligence Service Act

143. (Amendments)

144. (Amendment)

145. (Amendment)

146. (Amendment)


Canadian Space Agency Act

147. (Amendment)


Children’s Special Allowances Act

148. (Amendment)


Citizenship Act

149. (Amendment)


Civil Air Navigation Services Commercialization Act

150. (Amendment)

151. (Amendment)


Cooperative Energy Act

152. (Amendment)

153. (Amendment)


Copyright Act

154. (Amendment)


Corrections and Conditional Release Act

155. (Amendment)


Courts Administration Service Act

156. (Amendment)

157. (Amendment)


Defence Production Act

158. (Amendment)

159. (Amendment)


Department of Human Resources Development Act

160. (Amendment)


Department of Veterans Affairs Act

161. (Amendment)


Diplomatic Service (Special) Superannuation Act

162. (Amendment)


Employment Equity Act

163. (Amendment)

164. (Amendment)

165. (Amendment)


Farm Products Agencies Act

166. (Amendment)


Federal Court Act

167. (Amendment)


Financial Administration Act

168. (Amendment)


Financial Consumer Agency of Canada Act

169. (Amendment)

170. (Amendment)


Hazardous Materials Information Review Act

171. (Amendment)


Immigration and Refugee Protection Act

172. (Amendment)

173. (Amendment)


Inquiries Act

174. (Amendment)


National Film Act

175. (Amendment)


Non-smokers’ Health Act

176. (Amendment)


Office of the Superintendent of Financial Institutions Act

177. (Amendment)


Old Age Security Act

178. (Amendment)

179. (Amendment)


Parks Canada Agency Act

180. (Amendment)

181. (Amendment)


Parliamentary Employment and Staff Relations Act

182. (Amendments)

183. (Amendment)

184. (Amendment)

185. (Amendment)

186. (Amendment)

187. (Amendments)


Pension Act

188. (Amendment)


Privacy Act

189. (Amendment)


Proceeds of Crime (Money Laundering) and Terrorist Financing Act

190. (Amendment)

191. (Amendment)


Public Service Employment Act

192. (Amendment)

193. (Amendments)

194. (Amendment)

195. (Amendment)

196. (Amendment)

197. (Amendment)

198. (Amendment)

199. (Amendment)

200. (Amendment)

201. (Amendment)

202. (Amendment)

203. (Amendment)

204. (Amendment)

205. (Amendment)

206. (Amendment)


Public Service Rearrangement and Transfer of Duties Act

207. (Amendment)

208. (Amendment)


Public Service Superannuation Act

209. (Amendment)

210. (Amendment)

211. (Amendments)

212. (Amendment)

213. (Amendment)

214. (Amendment)


Publication of Statutes Act

215. (Amendment)


Royal Canadian Mounted Police Act

216. (Amendment)

217. (Amendment)


Royal Canadian Mounted Police Superannuation Act

218. (Amendment)


Saguenay-St. Lawrence Marine Park Act

219. (Amendment)


Status of the Artist Act

220. (Amendment)

221. (Amendment)


War Veterans Allowance Act

222. (Amendment)


Terminology Changes

223. (Amendments)

224. (Amendments)

225. (Amendments)

226. The amendments made by this Part to replace the expressions “public service of Canada” and “Public Service” by the expressions “federal public administration” and “public service”, respectively, are to be considered as terminology changes only and are not to be held to operate as new law.


Division 2

Consequential Amendments Arising from Part 3

Subdivision a

Consequential Amendments Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3

Auditor General Act

227. (Amendment)

228. (Amendment)


Canada Customs and Revenue Agency Act

229. (Amendment)

230. (Amendment)


Canada-Newfoundland Atlantic Accord Implementation Act

231. (Amendment)


Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

232. (Amendment)


Canadian Institutes of Health Research Act

233. (Amendment)


Canadian Security Intelligence Service Act

234. (Amendment)


Canadian Space Agency Act

235. (Amendment)


Employment Equity Act

236. (Amendment)

237. (Amendment)

238. (Amendment)


Financial Administration Act

239. (Amendment)


National Film Act

240. (Amendment)


Parks Canada Agency Act

241. (Amendment)


Proceeds of Crime (Money Laundering) and Terrorist Financing Act

242. (Amendment)


Public Service Labour Relations Act

243. (Amendment)


Referendum Act

244. (Amendment)


Veterans Benefit Act

245. (Amendment)


Subdivision b

Consequential Amendments Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3

Access to Information Act

246. (Amendment)


Financial Administration Act

247. (Amendment)


Privacy Act

248. (Amendment)


Public Service Staff Relations Act

249. (Amendment)


Public Service Superannuation Act

250. (Amendment)


Division 3

Consequential Amendments Arising from the Amendments to the Canadian Centre for Management Development Act in Part 4

Access to Information Act

251. (Amendment)

252. (Amendment)


Financial Administration Act

253. (Amendment)

254. (Amendment)


Privacy Act

255. (Amendment)

256. (Amendment)


Public Service Staff Relations Act

257. (Amendment)

258. (Amendment)


Public Service Superannuation Act

259. (Amendment)

260. (Amendment)


Revolving Funds Act

261. (Amendment)


Part 7. Coordinating Amendments

Public Service Modernization Act

262. (Amendment)

263. (Amendment)


Financial Administration Act

264. (Amendment)

265. (Amendment)

266. (Amendment)

267. (Amendment)

268. (Amendment)


Public Service Employment Act

269. (Amendment)

270. (Amendment)


Public Service Employment Act

271. (Amendment)

272. (Amendment)


Public Service Labour Relations Act

273. (Amendment)

274. (Amendment)

275. (Amendment)


Yukon Act

276. (Amendment)


Bill C-2

277. (Amendment)


Bill C-6

278. (Amendment)


Bill C-12

279. (Amendment)


Bill C-13

280. (Amendment)


Bill C-17

281. (Amendment)


Bill C-18

282. (Amendment)


Bill C-19

283. (Amendment)


Part 8. Repeals

284. (Repeal)

285. (Repeal)


Part 9. Coming Into Force

Coming into force

Part 2 of the Public Service Labour Relations Act

(2) Part 2 of the Public Service Labour Relations Act, as enacted by section 2 of this Act, or any provision of that Part, comes into force on a day or days to be fixed by order of the Governor in Council, made on the recommendation of the Minister, within the meaning of subsection 2(1) of that Act, after consultation with the Chairperson of the Public Service Labour Relations Board appointed under section 12 of that Act.

Schedule 1

(Amendment)

Schedule 2

(Section 13)

(SeePublic Service Employment Act)


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