2021 Minister’s Transition Book 1: Public Services and Procurement Canada legal authorities
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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, named Public Services and Procurement Canada since 2016.
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 (for example, contracts) where there is an intention to create legal obligations or otherwise have legal effects.
Role of the minister
In this section
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 powers related to responsibilities that are central to the operation of the government as a whole and to support the functions of other federal departments and agencies. These include:
- Defence Production Act
- Expropriation Act
- Payment in Lieu of Taxes Act
- Seized Property Management Act
- Surplus Crown Assets Act
Defence Production Act
Part I of this act gives the minister the exclusive authority to buy or acquire ships and defence supplies and to construct defence projects. Section 10(b) 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 restricts access to “controlled goods” (arms-related assets and technology). Only those persons who have been determined not to pose a security risk, pursuant to security assessments, can possess controlled goods.
Expropriation Act
Under this act, an interest in land can only be expropriated when the interest is, in the opinion of the minister, required by the Crown for a public work or other public purpose and only for a federal department or agency. Certain Crown corporations, such as the National Capital Commission, have provisions in their acts enabling them to request expropriation by the minister under the Expropriation Act.
Payment in Lieu of Taxes Act
This act authorizes the minister to make payments in lieu of taxes to provinces and municipalities on 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 regarding property value, property dimension or effective rate applicable to any federal property, the Dispute Advisory Panel established under the act makes recommendations to the minister.
Seized Property Management Act
This act gives the minister the authority to manage, and dispose of, certain property seized or restrained in connection with certain offences and to share the proceeds of its disposition in certain circumstances. In addition, the minister provides services to law enforcement agencies in relation to seized property in connection with designated offences; for example, related to the proceeds of crime.
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. The act describes how departments deal with surplus crown assets and the restrictions regarding selling, etc. No department may dispose of surplus assets other than in accordance with the act. Ministers from other departments may request services from Public Services and Procurement Canada 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.
Some other acts that give the minister responsibilities are:
- Translation Bureau Act
- Federal Prompt Payment for Construction Work Act
- Official Residences Act
- Publication of Statutes Act
- Canada Post Corporation Act
- Bridges Act
- Dry Docks Subsidies Act
- Northumberland Strait Crossing Act
- Financial Administration Act
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