name: Public Service Modernization Act
unofficial_text: # Public Service Modernization Act
  
  SC 2003, c 22
  
  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
  
  Assented to 2003-11-7
  
  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.  
  
  # PART 1 
  
  ## Public Service Labour Relations Act 
  2 The Public Service Labour Relations Act is enacted as follows:  
  
  # 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:  
  
  ### Schedule to the Public Service Employment Act 
  
  13 The schedule to the Public 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] 
  15  [Repealed before coming into force, 2008, c. 20, s. 3]  
  16  [Repealed before coming into force, 2008, c. 20, s. 3]  
  17  [Repealed before coming into force, 2008, c. 20, s. 3]  
  18  [Repealed before coming into force, 2008, c. 20, s. 3]  
  19 [Amendment] 
  20  [Repealed before coming into force, 2008, c. 20, s. 3]  
  
  # 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] 
  84  [Repealed before coming into force, 2008, c. 20, s. 3]  
  
  # 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
  
   * 286  (1) Subject to subsection (2), the provisions of this Act, other than sections 1 and 262 to 285, or the provisions of any Act enacted by this Act, come into force on a day or days fixed by order of the Governor in Council. 
  
  ### 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.  
  * [Note: Sections 1 and 262 to 285 in force on assent November 7, 2003; sections 14 and 19, the definitions 
  *amended Act*, 
  *former Act*, 
  *former Commission* and 
  *new Commission* in section 68 and sections 77 to 83 and 246 to 250 in force November 20, 2003, see SI/2003-178; sections 21 to 35, 85 to 87 and 251 to 261 in force April 1, 2004, see SI/2004-42; section 5 in force December 1, 2004, see SI/2004-159; preamble, sections 1 to 3 and Part 1, as enacted by section 2, in force April 1, 2005, see SI/2005-22; Part 2, as enacted by section 2, other than subparagraph 209(1)(c)(ii), paragraph 211(b) and section 231, in force April 1, 2005, see SI/2005-23; Parts 3 and 4, as enacted by section 2, sections 36 to 66 and 88 to 226 in force April 1, 2005, see SI/2005-24; sections 3, 4, 6 to 11 and 67 in force April 1, 2005, see SI/2005-25; sections 12 and 13, the definition of 
  *new Act* in section 68, sections 69 to 76 and 227 to 245 in force December 31, 2005, see SI/2005-122; subparagraph 209(1)(c)(ii), paragraph 211(b) and section 231, as enacted by section 2, in force December 31, 2005, see SI/2005-123; sections 15 to 18, 20 and 84 repealed before coming into force, see 2008, c. 20, s. 3.]  
  
  