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Bill C-29

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AUDIT

Audit

36. The Auditor General of Canada shall annually

    (a) audit and provide an opinion on the financial statements of the Agency;

    (b) provide an assessment of the fairness and reliability of the information about the Agency's performance as set out in the Agency's annual report; and

    (c) provide the Chief Executive Officer and the Minister with a report on the audit, opinion and assessment.

APPLICATION OF THE OFFICIAL LANGUAGES ACT

Official Languages Act applies

36.1 For greater certainty, the Official Languages Act applies to the Agency and the Agency has the duty, under section 25 of that Act, to ensure that, where services are provided or made available by another person or organization on its behalf, any member of the public in Canada or elsewhere can communicate with and obtain those services from that person or organization in either official language, in any case where those services, if provided by the Agency, would be required under Part IV of the Official Languages Act to be provided in either official language.

TRANSITIONAL

Appropriation Act

37. The provisions made by any appropriation Act for the fiscal year in which this section comes into force or a subsequent fiscal year, based on the Estimates for that year, to defray the charges and expenses of the public service of Canada within the Parks Canada Sector of the Department of Canadian Heritage in relation to any matter for which the Agency is responsible by virtue of this Act are deemed to be an amount appropriated for defraying the charges and expenses of the Agency in the amount that the Treasury Board may, on the recommendation of the Minister, determine.

Definitions

38. The definitions in this section apply in sections 39 to 45.

``designated position''
« poste désigné »

``designated position'' has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act.

``employee''
« employé »

``employee'' means a person whose employment in the Department of Canadian Heritage is terminated under paragraph 11(2)(g.1) of the Financial Administration Act and who is appointed to the Agency following an offer of employment made by the Agency as a result of a transfer of any work, undertaking or business from the Department of Canadian Heritage to the Agency.

``grievance''
« grief »

``grievance'' has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act.

Pending competitions and appointments

39. A competition being conducted or an appointment being or about to be made under the Public Service Employment Act in respect of a position within the Department of Canadian Heritage the duties and functions of which are assigned to a position within the Agency, may continue to be conducted or made as if the Agency were a department for the purposes of that Act.

Pending appeals

40. (1) An appeal made under section 21 of the Public Service Employment Act by any person against an appointment to a position within the Department of Canadian Heritage the duties and functions of which are assigned to a position within the Agency, and not finally disposed of on the assignment, must be dealt with and disposed of in accordance with that Act as if the Agency were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act.

Other recourse

(2) Any recourse commenced by an employee under the Public Service Employment Act that has not been finally dealt with on the appointment of the employee to the Agency must be dealt with and disposed of in accordance with that Act as if the Agency were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act.

Employees on probation

41. (1) Every employee who was considered to be on probation under section 28 of the Public Service Employment Act immediately before being appointed to the Agency continues on probation with the Agency until the end of any period established by the Public Service Commission by regulation for that employee or a class of persons of which that employee is a member.

Rejection

(2) Subsection 28(2) of the Public Service Employment Act applies to an employee of the Agency who is on probation but the reference to deputy head in that subsection is to be read as a reference to the Chief Executive Officer.

Designated positions

42. If an employee, immediately before being appointed to the Agency, occupied a position that was a designated position in the Department of Canadian Heritage, that employee is, on appointment to the Agency, deemed to occupy a designated position in the Agency.

Pending grievances

43. (1) Any grievance commenced by an employee under the Public Service Staff Relations Act that has not been finally dealt with on the appointment of the employee to the Agency, must be dealt with and disposed of in accordance with that Act as if the employee's employment in the Department of Canadian Heritage had not been terminated.

Implementatio n of decision

(2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of or payment of money to a person must be implemented by the Agency as soon as practicable.

Successor rights

44. For the purpose of section 48.1 of the Public Service Staff Relations Act, the Governor in Council may fix the date on which the Parks Canada Sector and any other portion of the Department of Canadian Heritage are deemed to be severed from the Department and to become a part of the Agency, and that date is to be used for the purposes of subsections 48.1(3), (6) and (7) of that Act.

Designation under National Parks Act

45. Any person who, or any person within a class of persons that, is designated by the Minister under subsection 5(2.1) of the National Parks Act before the coming into force of section 56 and who, immediately after the coming into force of that section, is an employee is deemed to have been designated under that subsection after the coming into force of that section.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1

Access to Information Act

46. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Parks Canada Agency

    Agence Parcs Canada

1994, c. 5

Appropriation Act No. 3, 1993-94

1996, c. 4

47. Environment Vote 21b of the schedule to Appropriation Act No. 3, 1993-94 is repealed.

1996, c. 4

Appropriation Act No. 4, 1995-96

48. Canadian Heritage Vote 27b of the schedule to Appropriation Act No. 4, 1995-96 is repealed.

R.S., c. A-17

Auditor General Act

49. The schedule to the Auditor General Act is amended by adding the following in alphabetical order:

Parks Canada Agency

    Agence Parcs Canada

R.S., c. F-11

Financial Administration Act

50. Schedule II to the Financial Administration Act is amended by adding the following in alphabetical order:

Parks Canada Agency

    Agence Parcs Canada

R.S., c. H-4

Historic Sites and Monuments Act

1995, c. 11, s. 25(E)

51. Section 6 of the Historic Sites and Monuments Act is replaced by the following:

Secretary

6. (1) The Minister may designate an officer or employee of the Parks Canada Agency established under the Parks Canada Agency Act to be the Secretary of the Board, or appoint a Secretary of the Board at the remuneration and under the terms or conditions of employment that may be prescribed by the Governor in Council.

Other staff

(2) The Minister may, from among the persons employed in the Parks Canada Agency, provide the Board with any other employees or assistants that are necessary for the proper conduct of the business of the Board.

R.S.C. 1952, c. 163

Laurier House Act

52. (1) Subsection 2(1) of the Laurier House Act is replaced by the following:

Agency to control Laurier House

2. (1) Subject to subsection (2), the Parks Canada Agency established under the Parks Canada Agency Act (in this Act referred to as the ``Agency'') has the care, custody and control of Laurier House (described in the First Schedule) and its contents and shall administer the House and its contents in accordance with the desires and purposes expressed in the late Mr. King's Will (the relevant portion of which is set out in the Second Schedule).

(2) Subsection 2(3) of the Act is repealed.

53. Section 4 of the Act is replaced by the following:

Historic Sites and Monuments Board

4. The Chief Executive Officer of the Agency may consult the Historic Sites and Monuments Board with reference to the performance of the duties of the Agency under this Act.

54. The Act is amended by replacing the expression ``Dominion Archivist'' with the word ``Agency'' in sections 3 and 5.

R.S., c. N-14

National Parks Act

R.S., c. 39 (4th Supp.), s. 1

55. The definitions ``park warden'' and ``superintendent'' in section 2 of the National Parks Act are replaced by the following:

``park warden''
« gardien de parc »

``park warden'' means a person appointed under the Parks Canada Agency Act whose duties include the enforcement of this Act;

``superintende nt''
« directeur de parc »

``superintendent'' means a person appointed under the Parks Canada Agency Act who holds the office of superintendent of a park, and includes any other person appointed under that Act who is authorized by that person to act on that person's behalf.

R.S., c. 39 (4th Supp.), s. 3(1)

56. Subsection 5(2.1) of the Act is re placed by the following:

Powers of other persons

(2.1) Any person or class of persons appointed under the Parks Canada Agency Act or the Public Service Employment Act and designated by the Minister may exercise the powers of and is entitled to the protection provided by law to peace officers in the enforcement of this Act.

R.S., c. P-21

Privacy Act

57. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Parks Canada Agency

    Agence Parcs Canada

R.S., c. P-35

Public Service Staff Relations Act

58. The definition ``employee'' in subsection 2(1) of the Public Service Staff Relations Act is amended by striking out the word ``or'' at the end of paragraph (j), by adding the word ``or'' at the end of paragraph (k) and by adding the following after paragraph (k):

      (l) a person who is employed in the Parks Canada Agency established by the Parks Canada Agency Act under a program designated by the Agency as a student employment program,

59. Part II of Schedule I to the Act is amended by adding the following in alphabetical order:

Parks Canada Agency

    Agence Parcs Canada

R.S., c. P-36

Public Service Superannuation Act

60. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Parks Canada Agency

    Agence Parcs Canada