2019 Minister’s Transition Book 1: Public Services and Procurement Canada legal authorities

Document navigation for 2019 Minister’s Transition Book 1: Introduction to Public Services and Procurement Canada

• Previous page
• Table of contents
• Next page

Department of Public Works and Government Services Act

The Department of Public Works and Government Services Act establishes the Department of Public Works and Government Services which has been styled as Public Services and Procurement Canada since 2016. The department's "applied title" is approved pursuant to the Treasury Board Policy on Communications and Federal Identity and must be used in all communications products and activities with the public.

The legal name, Department of Public Works and Government Services, must be used for statutory instruments (for example, legislation, regulations, or Orders in Council) and in legal documents (such as contracts) where there is an intention to create legal obligations or otherwise have legal effects.

Role of the minister

The Department of Public Works and Government Services Act gives the minister the authority to:

• acquire goods and services
• construct, maintain and repair public works and federal real property
• provide architectural and engineering advice
• provide office accommodation for public servants
• plan and coordinate telecommunications services
• provide information management/information technology (IM/IT) services upon request
• provide consulting and audit services
• provide services related to employee pay and pension administration
• provide translation and related services
• provide the above services to any other level of government or person

The act also provides that the minister is the Receiver General for Canada.

Additional acts give the minister statutory power(s) related to responsibilities that are central to the operation of the government as a whole and/or to support the functions of other federal departments and agencies.

The most important ones are:

• Shared Services Canada Act
• Expropriation Act
• Defence Production Act
• Payment in Lieu of Taxes Act
• Seized Property Management Act
• Surplus Crown Assets Act

Shared Services Canada Act

This act creates Shared Services Canada as a department listed under Schedule I.1 of the Financial Administration Act. The Governor in Council designated the minister to preside over Shared Services Canada. The Governor in Council determines Shared Services Canada's mandate. It is to provide certain services related to email, data centres, networks and end-user information technology (including workplace technology devices and software). Most departments are required by the act and Orders in Council to obtain these services exclusively from Shared Services Canada. The act also provides to Shared Services Canada the authority to procure goods and services necessary to achieve its mandate.

Expropriation Act

Under this act, an interest in land can only be expropriated when the interest in land is, in the opinion of the minister, required by the Crown, for a public work or other public purpose. It is the prerogative of the minister to make his/her opinion on the issue.

Expropriation can only be used to acquire an interest in land for the purpose of a federal department or agency. Certain Crown Corporations, such as the National Capital Commission, with enabling Acts that contain provisions to that effect may also request expropriation to the minister under the Expropriation Act.

Defence Production Act

Part I of this act gives the minister the exclusive authority to buy or otherwise acquire ships and defence supplies and to construct defence projects. Paragraph (b) of Section 10 permits the minister to request that another minister procure or construct some supplies or projects. The Defence Production Act applies to all government contracts which meet the act's definition of "defence contract".

Part II of this act establishes a scheme by which access to "controlled goods" (arms-related assets and technology) is restricted. Only those persons who have been determined, pursuant to security assessments, to not pose a risk of diversion of controlled goods are registered in the Controlled Goods Program and can subsequently possess, examine or transfer controlled goods to someone provided that this person is either registered in the Controlled Goods Program or exempted from registration therein.  

Payment in Lieu of Taxes Act

This act authorizes the minister to make payments in lieu of taxes under the Payments in Lieu of Taxes Act to provinces and municipalities with respect to federally owned property. It does so because the federal government is constitutionally exempt from provincial and municipal property taxation.

In case of disagreement between a taxing authority and the Minister with respect to property value, property dimension or effective rate applicable to any federal property, the Dispute Advisory Panel established under the Payments in Lieu of Taxes Act may hear the matter and make recommendations to the Minister where a taxing authority disagrees with the, or claims that a payment should be supplemented.

The Minister's decision about the Payments in Lieu of Taxes, including its value, is subject to judicial review before the federal court.

Seized Property Management Act

This act confers authority on the minister to manage and dispose certain property seized or restrained in connection with certain offences and to share the proceeds of disposition in certain circumstances. In addition, the minister provides services to law enforcement agencies in relation to seized property in connection with designated offences or that is or may be proceeds of crime or offence-related.

Surplus Crown Assets Act

This act establishes the legal framework for the disposal of surplus material crown assets. The minister plays the role of the main disposal and end-of-life cycle material management agent for the Crown (including other departments). At a general level, the act describes how departments may deal with surplus crown assets, the restrictions that may be placed on departments, how to sell, etc. No department may dispose of surplus assets otherwise than in accordance with the legislative framework therein created. Ministers from other departments may request the department's services for disposal or end-of-life cycle management of their surplus assets. All real property or immovables as defined in the Federal Real Property and Federal Immovables Act are excluded.

An extensive list of acts conferring responsibilities to the minister is found in annex a.

Finally, the Treasury Board Common Services Policy lists mandatory activities that departments are required to obtain from the department, as a common services organization for the government as a whole.

Annex A

Part 1: Acts that give the minister responsibilities central to the operation of the government as a whole and/or to support the functions of other federal departments and agencies

• Department of Public Works and Government Services Act (S.C. 1996, c. 16)
• Financial Administration Act (R.S.C., 1985, c. F-11)
• Shared Services Canada Act (S.C. 2012, c. 19, s. 711)
• Defence Production Act (R.S.C., 1985, c. D-1)
• Surplus Crown Assets Act (R.S.C., 1985, c. S-27)
• Expropriation Act (R.S.C., 1985, c. E-21)
• Seized Property Management Act (S.C. 1993, c. 37)
• Payments in Lieu of Taxes Act (R.S.C., 1985, c. M-13)
• Bridges Act (R.S.C., 1985, c. B-8)
• Dry Docks Subsidies Act (R.S.C., 1985, c. D-4)
• Northumberland Strait Crossing Act (S.C. 1993, c. 43)
• Translation Bureau Act (R.S.C., 1985, c. T-16)
• Federal Prompt Payment for Construction Work Act (S.C. 2019, c. 29, s. 387) [Not in force]

Part 2: Acts that provide for a specific or limited role for the minister

• Canadian Arsenals Limited Divestiture Authorization Act (S.C. 1986, c. 20)
• An Act respecting certain Works on the Ottawa River (S.C. 1870, c. 24)
• Criminal Code (R.S.C., 1985, c. C-46)
• Salaries Act (R.S.C., 1985, c. S-3)
• Canada Pension Plan (R.S.C., 1985, c. C-8)
• Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)
• Fort-Falls Bridge Authority Act (S.C. 1970-71-72, c. 51)
• Security of Information Act (R.S.C., 1985, c. O-5)
• Official Residences Act (R.S.C., 1985, c. O-4)
• Publication of Statutes Act (R.S.C., 1985, c. S-21)
• New Bridge for the St. Lawrence Act (S.C. 2014, c. 20, s. 375)
• Federal-Provincial Fiscal Arrangements Act (R.S.C., 1985, c. F-8)
• Government Property Traffic Act (R.S.C., 1985, c. G-6)
• International Bridges and Tunnels Act (S.C. 2007, c. 1)
• Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17)
• Controlled Drugs and Substances Act (S.C. 1996, c. 19)
• Cannabis Act (S.C. 2018, c. 16)
• Crimes Against Humanity and War Crimes Act (S.C. 2000, c. 24)
• Customs Act (R.S.C., 1985, c. 1 (2nd Supp.))
• Revolving Funds Act (R.S.C., 1985, c. R-8)
• Kingsmere Park Act (R.S.C. 1952, c. 161)
• Laurier House Act (R.S.C. 1952, c. 163)
• Railway Relocation and Crossing Act (R.S.C., 1985, c. R-4)

Part 3: Acts that give the minister responsibilities, when designated by the Governor in Council (non exhaustive list)

• Anti-Personnel Mines Convention Implementation Act
• Canada Post Corporation Act
• Garnishment, Attachment and Pension Diversion Act
• National Flag of Canada Manufacturing Standards Act
• Pension Benefits Division Act

Document navigation for 2019 Minister’s Transition Book 1: Introduction to Public Services and Procurement Canada

• Previous page
• Table of contents
• Next page