PARLIAMENT of CANADA

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RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``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''.

SUMMARY

Part 1 enacts the Public Service Labour Relations Act to provide for a labour relations regime in the public service which is based on greater cooperation and consultation between the employer and bargaining agents, notably by requiring labour-management consultation committees, enabling co-development, enhancing conciliation and providing for negotiated essential services agreements. This new Act eliminates certain managerial and confidential exclusions and brings unfair labour practices up-to-date. It provides for the establishment of conflict management capacity within departments and more comprehensive grievance provisions. It also establishes the Public Service Labour Relations Board whose mandate is to provide adjudication services, mediation services and compensation analysis and research services.

Part 2 amends the Financial Administration Act to put direct responsibility for certain aspects of human resources management in the hands of deputy heads, subject to policies and directives of the Treasury Board. New deputy head responsibilities include determining learning and developmental requirements, providing awards and setting standards of discipline. Part 2 also amends that Act to provide for annual reporting to Parliament by the President of the Treasury Board on the application of the human resources management provisions of the Act.

Division 1 of Part 3 enacts a new Public Service Employment Act to modernize staffing in the public service while retaining the core values of merit, excellence, non-partisanship, representativeness and the ability to serve members of the public with integrity in the official language of their choice. The Act gives a new meaning to merit and creates new arrangements for staffing recourse, one of the features of which is the Public Service Staffing Tribunal. The Public Service Commission will continue to conduct investigations and audits on matters within its jurisdiction. The Act establishes, in addition to the annual reporting by the Public Service Commission, a requirement for the President of the Treasury Board to report annually to Parliament on the Treasury Board's responsibilities under the Act.

Division 2 of Part 3 amends the existing Public Service Employment Act to permit certain elements of the new Act to come into force sooner. The amendments establish a new Public Service Commission to administer the existing Act and to prepare the regulatory and policy framework for the new Act. They also establish a new Public Service Staffing Tribunal to prepare for the coming into force of the new Act and establish a new regime governing the political activities of public servants in a manner that balances their right to engage in those activities while maintaining the principle of political impartiality in the public service.

Part 4 amends the Canadian Centre for Management Development Act, which becomes the Canada School of Public Service Act. The School becomes responsible for learning and development activities for employees in the public service.

Parts 5, 6 and 7 contain transitional provisions and consequential and coordinating amendments.

Part 8 repeals the Public Service Employment Act, chapter P-33 of the Revised Statutes of Canada, 1985, and the Public Service Staff Relations Act, chapter P-35 of the Revised Statutes of Canada, 1985.

Part 9 contains coming into force provisions.

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