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Bill C-25

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Consultation

(5) The Commission shall, on request or where, in the opinion of the Commission, consultation is necessary or desirable, consult with representatives of the Treasury Board or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act with respect to the standards that may be established by the Commission under subsection (1) or the principles governing promotion, lay-off or priorities of entitlement to appointment.

196. Section 20 of the Act is replaced by the following:

Language

20. Employees appointed to serve in the public service shall be qualified in the knowledge and use of the English or French language or both, to the extent that the Commission considers necessary in order that the functions of the department, portion or part of the public service in which they are employed can be performed adequately and effective service can be provided to the public.

1996, c. 18, s. 15

197. Subsection 21(5) of the Act is replaced by the following:

Exception

(5) Section 10 and the rights of appeal provided by this section do not apply to appointments made under subsection 29(1.1) or (3), section 29.1 or subsection 30(1) or (2) or 39(3) or any regulations made under paragraph 35(2)(a).

1992, c. 54, s. 16

198. Section 21.1 of the Act is replaced by the following:

Appeal to Federal Court of Appeal

21.1 Notwithstanding the Federal Court Act, an application to the Federal Court-Trial Division for relief under section 18 or 18.1 of that Act against a decision of a board established under subsection 21(1) or (1.1) shall be transferred to the Federal Court of Appeal if the parties to that application so agree or if the Federal Court of Appeal, on application by any of those parties, so orders on the basis that the sound administration of that part of the public service over which the deputy head concerned has jurisdiction would be unduly prejudiced by delay if the matter were heard and determined by the Federal Court-Trial Division and subject to an appeal to the Federal Court of Appeal.

1992, c. 54, s. 16

199. Subsection 21.2(2) of the Act is replaced by the following:

Restriction

(2) No person appointed under subsection (1) may work in any particular department, or in any portion of the federal public administration named in Schedule IV or V to the Financial Administration Act , on more than one hundred and twenty-five days in any year.

1996, c. 18, s. 16

200. Subsection 29(1) of the Act is replaced by the following:

Laying off employees

29. (1) Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside those portions of the federal public administration named in Schedule I, IV or V to the Financial Administration Act , otherwise than where the employment of the employee is terminated in the circumstances referred to in paragraph 12(1)(f) of that Act, the deputy head, in accordance with the regulations of the Commission, may lay off the employee.

201. The Act is amended by adding the following after section 29:

Appointments

29.1 A person employed in the public service who does not accept an offer of employment made in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act that is a reasonable job offer within the meaning of any agreement respecting work force adjustment, or who accepts an offer of employment that is not a reasonable job offer within that meaning, is entitled to be appointed to a position and to enter any competition in respect of a position as if the person had been laid off in accordance with section 29.

202. Paragraph 36(1)(b) of the Act is replaced by the following:

    (b) notwithstanding any other Act, applying all or any of the provisions of this Act that do not otherwise apply, including the provisions relating to appointments, to any portion or part of any portion of the federal public administration named in Schedule I, IV or V to the Financial Administration Act ; and

1992, c. 54, s. 24

203. Subsection 37(2) of the English version of the Act is replaced by the following:

Designation

(2) The Governor in Council, on the recommendation of the Commission, may designate any portion of the federal public administration for the purposes of subsection 2(2).

1992, c. 54, s. 25

204. Subsection 37.1(3) of the English version of the Act is replaced by the following:

Consultation

(3) The Treasury Board shall, on request or where, in its opinion, consultation is necessary or desirable, consult with representatives of the Commission or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act with respect to any regulations that may be made under this section.

1995, c. 17, s. 10

205. Subsection 37.3(3) of the Act is replaced by the following:

Definition of ``Public Service''

(3) In this section, ``Public Service'' means the departments and other portions of the federal public administration named in Schedule IV to the Financial Administration Act .

206. The English version of the Act is amended by replacing the expression ``Public Service'' with the expression ``public service'' in the following provisions:

    (a) the definitions ``closed competition'', ``employee'' and ``open competition'' in subsection 2(1);

    (b) subsection 3(7);

    (c) paragraphs 5(a), (b) and (f);

    (d) subsections 5.1(1), (2), (4) and (5);

    (e) subsections 6(2) and (3);

    (f) section 8;

    (g) subsection 10(1);

    (h) section 11;

    (i) subsection 12(1);

    (j) subsection 17(5);

    (k) section 19;

    (l) subsections 21(1.1) and (2.1);

    (m) subsections 21.2(1) and (4);

    (n) section 23;

    (o) section 26;

    (p) subsection 28(1);

    (q) subsections 29(1.1), (3) and (5);

    (r) subsections 30(1) to (4);

    (s) subsection 33(3);

    (t) subsection 34.1(1);

    (u) paragraphs 35(2)(a), (c), (d) and (e);

    (v) section 37.2;

    (w) subsection 39(3), (4) and (5);

    (x) section 40.1;

    (y) subsection 41(1);

    (z) section 43;

    (z.1) section 47.1; and

    (z.2) Schedule III.

R.S., c. P-34

Public Service Rearrangement and Transfer of Duties Act

207. Paragraph 2(a) of the Public Service Rearrangement and Transfer of Duties Act is replaced by the following:

    (a) transfer any powers, duties or functions or the control or supervision of any portion of the federal public administration from one minister to another, or from one department in , or portion of, the federal public administration to another; or

208. Section 3 of the Act is replaced by the following:

Duties and powers of minister and department

3. Where under this Act, or under any other lawful authority, any power, duty or function, or the control or supervision of any portion of the federal public administration named in Schedule I, IV or V to the Financial Administration Act , is transferred from one minister to another, or from one department in , or portion of, the federal public administration named in Schedule I, IV or V to that Act to another, the minister, department, or portion to whom or which the power, duty, function, control or supervision is transferred, and the appropriate officers of that department or portion, shall, in relation thereto, be substituted for and have and carry out the respective powers and duties that formerly belonged to or were to be carried out by the minister, department or portion and the respective officers of the department or portion from whom or which the power, duty, function, control or supervision is so transferred.

R.S., c. P-36

Public Service Superannuation Act

209. The long title of the Public Service Superannuation Act is replaced by the following:

An Act to provide for the superannuation of persons employed in the public service

1996, c. 18, s. 21

210. The definition ``Public Service'' in subsection 3(1) of the English version of the Act is replaced by the following:

``public service''
« fonction publique »

``public service '' means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate and House of Commons, the Library of Parliament and any board, commission, corporation or portion of the federal public administration specified in Schedule I;

211. (1) Paragraph 42(1)(ii) of the English version of the Act is replaced by the following:

    (ii) determining, for greater certainty, the portions of the federal public administration and the positions in the federal public administration that form or did form part of the public service or Civil Service, and providing for the amendment of Schedule I for that purpose by the addition to Part II or III of that Schedule of any of those portions;

(2) Paragraph 42(9)(b) of the English version of the Act is replaced by the following:

    (b) providing, except in the case of a person who has ceased to be employed in the public service , for which case the regulations may otherwise provide, that this Part shall apply as though the period were a period of service in a portion of the federal public administration that was added to Schedule I on a day specified in the regulations.

212. The heading of Part II of Schedule I to the English version of the Act is replaced by the following:

Portions of the federal public administration declared for greater certainty to be part of the public service

213. The reference to ``Public Service Staff Relations Board'' in Part II of Schedule I to the Act is replaced by a reference to ``Public Service Labour Relations Board''.

214. The heading of Part III of Schedule I to the English version of the Act is replaced by the following:

Boards, Commissions, Corporations and portions of the Federal Public Administration deemed to have formed part of the Public Service

R.S., c. S-21

Publication of Statutes Act

215. Section 7 of the English version of the Publication of Statutes Act is replaced by the following:

Certified copies of Acts

7. The Clerk of the Parliaments shall furnish certified copies of any of the Acts mentioned in section 3 to any department of the federal public administration or the public service of any province or to any person applying for a copy , and on every certified copy shall, before delivering it, receive a fee of two dollars, in addition to the cost of the printed copy, if a printed copy is furnished, or in addition to a fee of ten cents for every hundred words in the copy, if the copy furnished is not printed.

R.S., c. R-10

Royal Canadian Mounted Police Act

R.S., c. 8 (2nd Supp.), s. 16

216. Subsection 25(9) of the English version of the Royal Canadian Mounted Police Act is replaced by the following:

Benefits of full-time members

(9) The full-time members of the Committee are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

R.S., c. 8 (2nd Supp.), s. 16

217. Subsection 45.29(12) of the English version of the Act is replaced by the following:

Benefits of full-time members

(12) The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

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