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Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )

Act current to 2022-07-25 and last amended on 2021-06-29. Previous Versions

PART 1Public Service Commission, Deputy Heads and Employer (continued)

Delegation by Commission to Deputy Heads (continued)

Marginal note:Compliance with appointment policies

 In exercising or performing any of the Commission’s powers and functions pursuant to section 15, a deputy head is subject to any policies established by the Commission under subsection 29(3).

Commission Audits

Marginal note:Audits by Commission

  •  (1) The Commission may conduct audits on any matter within its jurisdiction and on the exercise, by deputy heads, of their authority under subsection 30(2) and may make recommendations to deputy heads.

  • Marginal note:Biases and barriers

    (2) The power to conduct audits includes the power to determine whether there are biases or barriers that disadvantage persons belonging to any equity-seeking group.

Marginal note:Powers of Commission

 In conducting an audit, the Commission has all the powers of a commissioner under Part I of the Inquiries Act.

Marginal note:Persons acting for Commission

  •  (1) The Commission may direct that any audit under section 17 be conducted, in whole or in part, by a Commissioner or any other person.

  • Marginal note:Powers of Commissioner

    (2) In relation to a matter before a Commissioner under subsection (1), the Commissioner has the powers referred to in section 18.

  • Marginal note:Powers of other persons

    (3) In relation to a matter before a person other than a Commissioner under subsection (1), the person has the powers referred to in section 18 subject to any limitations specified by the Commission.

Exclusions from this Act

Marginal note:Exclusion of positions and persons

  •  (1) Where the Commission decides that it is neither practicable nor in the best interests of the public service to apply this Act or any of its provisions to any position or person or class of positions or persons, the Commission may, with the approval of the Governor in Council, exclude that position, person or class from the application of this Act or those provisions.

  • Marginal note:Consultation with employer

    (2) The Commission shall consult the employer in respect of an exclusion from any provision of this Act whose application is not within the Commission’s jurisdiction.

  • Marginal note:Re-application of provisions to persons or positions

    (3) The Commission may, with the approval of the Governor in Council, re-apply any of the provisions of this Act to any position or person, or class of positions or persons, excluded pursuant to subsection (1).

Marginal note:Regulations of Governor in Council

 The Governor in Council may, on the recommendation of the Commission, make regulations prescribing how any position or person, or class of positions or persons, excluded under section 20 from the application of this Act or any of its provisions is to be dealt with.

Regulations of Commission

Marginal note:General regulatory power

  •  (1) The Commission may make any regulations that it considers necessary to give effect to the provisions of this Act relating to matters under its jurisdiction.

  • Marginal note:Regulations

    (2) Without limiting the generality of subsection (1), the Commission may make regulations

    • (a) establishing for any person or class of persons a right to be appointed — in priority to all persons other than those referred to in sections 39.1 and 40 and subsections 41(1) and (4) — during the period specified by the Commission, to any position for which the Commission is satisfied that they meet the essential qualifications referred to in paragraph 30(2)(a);

    • (b) determining the order of priority of the rights to appointment established by any regulations made under paragraph (a);

    • (c) respecting appointments on an acting basis and the maximum period for which any such appointments or any class of such appointments may be made, and excluding any such appointments or class from the operation of any or all of the provisions of this Act;

    • (d) for the purpose of facilitating the implementation of employment equity programs developed by an employer or a deputy head, respecting the appointment to or from within the public service of persons belonging to a designated group within the meaning of section 3 of the Employment Equity Act, and excluding any such persons or any group of such persons from the operation of any or all of the provisions of this Act;

    • (e) respecting the appointment of persons within the executive group or to the executive group from within or outside the public service, and excluding any such persons or any class of such persons from the operation of any or all of the provisions of this Act;

    • (f) respecting the disclosure of information obtained in the course of an investigation under this Act;

    • (g) defining incumbent-based process for the purposes of subsection 34(1);

    • (h) prescribing the manner in which and the period within which allegations are to be made, and the manner in which investigations are to be conducted under Part 7;

    • (i) respecting the manner of laying off employees and the manner of selecting employees to be laid off, for the purposes of section 64; and

    • (j) prescribing circumstances for the purposes of section 50.2.

  • 2003, c. 22, s. 12 “22”
  • 2006, c. 9, s. 100
  • 2013, c. 18, s. 59
  • 2015, c. 5, s. 2

Reports — Commission

Marginal note:Preparation of report

  •  (1) The Commission shall, as soon as possible after the end of each fiscal year, prepare and transmit to the minister designated by the Governor in Council for the purposes of this section a report for that fiscal year in respect of matters under its jurisdiction.

  • Marginal note:Tabling in Parliament

    (2) The minister to whom the report is transmitted shall cause the report to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the minister receives it.

  • Marginal note:Special reports

    (3) The Commission may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers and functions of the Commission where, in the opinion of the Commission, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for transmission of the next annual report of the Commission.

Deputy Heads

Marginal note:Delegation by deputy head

  •  (1) Subject to subsection (2), a deputy head may authorize any person to exercise or perform any of the powers and functions conferred on the deputy head by this Act.

  • Marginal note:Subdelegation by deputy head

    (2) Where the Commission has authorized a deputy head under subsection 15(1) to exercise or perform any of the Commission’s powers and functions, the deputy head may — subject to the Commission’s approval and any terms and conditions specified under that subsection — authorize another person to exercise or perform any of those powers or functions, other than the power to revoke appointments.

Marginal note:Acting deputy head

 In the absence of the deputy head of a department or other organization, the powers and functions of the deputy head may be exercised by the person designated by the deputy head to act in his or her absence or, if no person has been so designated or there is no deputy head,

  • (a) the person designated by the person who, under the Financial Administration Act, is the appropriate Minister with respect to that department or other organization; or

  • (b) any other person designated by the Governor in Council.

Regulations and Policies of Employer

Marginal note:Regulations of Treasury Board

  •  (1) The Treasury Board may, in respect of organizations named in Schedule I or IV to the Financial Administration Act, make regulations

    • (a) respecting deployments;

    • (b) defining the word promotion for the purposes of subsection 51(5);

    • (c) establishing periods of probation for the purposes of subsection 61(1) and notice periods for the purposes of subsection 62(1); and

    • (d) in respect of any occupational group or part of one, extending or changing to levels the provisions of this Act that apply to positions.

  • Marginal note:Policies of separate agencies

    (2) A separate agency to which the Commission has exclusive authority to make appointments may make policies for the purposes referred to in subsection (1) in respect of the separate agency.

Marginal note:Consultation by employer

 An employer shall, on request or if it considers consultation necessary or desirable,

  • (a) consult with the Commission, or any employee organization certified as a bargaining agent under the Federal Public Sector Labour Relations Act, with respect to regulations made under paragraph 26(1)(b) or (d) or corresponding policies made under subsection 26(2), as the case may be; and

  • (b) consult with any employee organization so certified with respect to regulations made under paragraph 26(1)(a) or (c) or corresponding policies made under subsection 26(2), as the case may be, or with respect to any standards established under subsection 31(1).

  • 2003, c. 22, s. 12 “27”
  • 2017, c. 9, s. 55

 [Repealed, 2012, c. 19, s. 222]

PART 2Appointments

Authority to Appoint

Marginal note:Commission’s exclusive authority

  •  (1) Except as provided in this Act, the Commission has the exclusive authority to make appointments, to or from within the public service, of persons for whose appointment there is no authority in or under any other Act of Parliament.

  • Marginal note:Request of deputy head

    (2) The Commission’s authority under subsection (1) may only be exercised at the request of the deputy head of the organization to which the appointment is to be made.

  • Marginal note:Commission policies

    (3) The Commission may establish policies respecting the manner of making and revoking appointments and taking corrective action.

Basis of Appointment

Marginal note:Appointment on basis of merit

  •  (1) Appointments by the Commission to or from within the public service shall be made on the basis of merit and must be free from political influence.

  • Marginal note:Meaning of merit

    (2) An appointment is made on the basis of merit when

    • (a) the Commission is satisfied that the person to be appointed meets the essential qualifications for the work to be performed, as established by the deputy head, including official language proficiency; and

    • (b) the Commission has regard to

      • (i) any additional qualifications that the deputy head may consider to be an asset for the work to be performed, or for the organization, currently or in the future,

      • (ii) any current or future operational requirements of the organization that may be identified by the deputy head, and

      • (iii) any current or future needs of the organization that may be identified by the deputy head.

  • Marginal note:Needs of public service

    (3) The current and future needs of the organization referred to in subparagraph (2)(b)(iii) may include current and future needs of the public service, as identified by the employer, that the deputy head determines to be relevant to the organization.

  • Marginal note:Interpretation

    (4) The Commission is not required to consider more than one person in order for an appointment to be made on the basis of merit.

Marginal note:Qualification standards

  •  (1) The employer may establish qualification standards, in relation to education, knowledge, experience, occupational certification, language or other qualifications, that the employer considers necessary or desirable having regard to the nature of the work to be performed and the present and future needs of the public service.

  • Marginal note:Qualifications

    (2) The qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i) must meet or exceed any applicable qualification standards established by the employer under subsection (1).

  • Marginal note:Identification of biases and barriers

    (3) When establishing or reviewing qualification standards, the employer shall conduct an evaluation to identify whether they include or create biases or barriers that disadvantage persons belonging to any equity-seeking group. If a bias or barrier is identified in the course of the evaluation, the employer shall make reasonable efforts to remove it or to mitigate its impact on those persons.

Marginal note:Professional development programs

 In respect of appointments made within the framework of any professional development or apprenticeship program that is offered across departments and other organizations, the qualifications, requirements and needs referred to in subsection 30(2) are established or identified by the Treasury Board with respect to organizations for which the Treasury Board is the employer.

Marginal note:Appointment processes

 In making an appointment, the Commission may use an advertised or non-advertised appointment process.

Marginal note:Area of selection

  •  (1) For purposes of eligibility in any appointment process, other than an incumbent-based process, the Commission may determine an area of selection by establishing geographic, organizational or occupational criteria or by establishing, as a criterion, belonging to any of the designated groups within the meaning of section 3 of the Employment Equity Act.

  • Marginal note:Designated groups

    (2) The Commission may establish different geographic, organizational or occupational criteria for designated groups within the meaning of section 3 of the Employment Equity Act than for other persons.

Marginal note:Mobility  — separate agencies

  •  (1) Unless otherwise provided in this or any other Act, a person employed in a separate agency to which the Commission does not have the exclusive authority to make appointments

    • (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section; and

    • (b) has the right to make a complaint under section 77.

  • Marginal note:Mobility — designated organizations

    (2) A person not otherwise employed in the public service who is employed in any portion of the federal public administration designated under subsection (4)

    • (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all persons employed in the public service to be considered, as long as the person meets the other criteria, if any, established under that section; and

    • (b) has the right to make a complaint under section 77.

  • (3) [Repealed, 2013, c. 40, s. 404]

  • Marginal note:Designation

    (4) The Governor in Council may, on the recommendation of the Commission, designate any portion of the federal public administration for the purposes of subsection (2).

  • Marginal note:Revocation

    (5) The Governor in Council may, on the recommendation of the Commission, revoke any designation under subsection (4).

  • 2003, c. 22, s. 12 "35"
  • 2013, c. 40, s. 404
 
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