This Web page has been archived on the Web.

Public Service Modernization Act (S.C. 2003, c. 22)

Assented to 2003-11-07

Marginal note:1995, c. 44

Employment Equity Act

236. Subsections 4(5) and (6) of the English version of the Employment Equity Act are replaced by the following:

  • Marginal note:Deemed employer

    (5) Every portion of the public sector referred to in paragraphs (1)(c) and (d) is deemed to be an employer for the purposes of this Act in relation to employees employed in that portion except that, with respect to any of those portions for which the Public Service Commission exercises any power or performs any function under the Public Service Employment Act, the Public Service Commission and that portion are responsible for carrying out the obligations of an employer under this Act.

  • Marginal note:References to employer

    (6) In this Act, a reference to an employer is deemed, in relation to those portions of the public sector referred to in

    • (a) paragraph (1)(b), to be a reference to the Treasury Board and the Public Service Commission, each acting within the scope of its powers and functions under the Financial Administration Act and the Public Service Employment Act; and

    • (b) paragraphs (1)(c) and (d) for which the Public Service Commission exercises any power or performs any function under the Public Service Employment Act, to be a reference to the employer and the Public Service Commission.

  • 237. (1) Paragraph 6(b) of the Act is replaced by the following:

    • (b) to hire or promote persons who do not meet the essential qualifications for the work to be performed;

  • (2) Paragraph 6(c) of the English version of the Act is replaced by the following:

    • (c) with respect to the public sector, to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit; or

  • 238. (1) Paragraph 33(1)(b) of the Act is replaced by the following:

    • (b) require an employer to hire or promote persons who do not meet the essential qualifications for the work to be performed;

  • (2) Paragraph 33(1)(c) of the English version of the Act is replaced by the following:

    • (c) with respect to the public sector, require an employer to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit, or impose on the Public Service Commission an obligation to exercise its discretion regarding exclusion orders or regulations;