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

Act current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

Public Service Employment Act

S.C. 2003, c. 22, ss. 12, 13

Assented to 2003-11-07

An Act respecting employment in the public service

[Enacted by sections 12 and 13 of chapter 22 of the Statutes of Canada, 2003, in force December 31, 2005, see SI/2005-122.]
Preamble

Recognizing that

the public service has contributed to the building of Canada, and will continue to do so in the future while delivering services of highest quality to the public;

Canada will continue to benefit from a public service that is based on merit and non-partisanship and in which these values are independently safeguarded;

Canada will also continue to gain from a public service that strives for excellence, that is representative of Canada’s diversity and that is able to serve the public with integrity and in their official language of choice;

the public service, whose members are drawn from across the country, reflects a myriad of backgrounds, skills and professions that are a unique resource for Canada;

authority to make appointments to and within the public service has been vested in the Public Service Commission, which can delegate this authority to deputy heads;

those to whom this appointment authority is delegated must exercise it within a framework that ensures that they are accountable for its proper use to the Commission, which in turn is accountable to Parliament;

delegation of staffing authority should be to as low a level as possible within the public service, and should afford public service managers the flexibility necessary to staff, to manage and to lead their personnel to achieve results for Canadians; and

the Government of Canada is committed to a public service that embodies linguistic duality and that is characterized by fair, transparent employment practices, respect for employees, effective dialogue, and recourse aimed at resolving appointment issues;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Public Service Employment Act.

INTERPRETATION

Marginal note:Definitions
  •  (1) The following definitions apply in this Act.

    “Commission”

    « Commission »

    “Commission” means the Public Service Commission continued by subsection 4(1).

    “department”

    « ministère »

    “department” means

    • (a) an organization named in Schedule I to the Financial Administration Act;

    • (b) any other organization that is designated by the Governor in Council as a department for the purposes of this Act; or

    • (c) any part of any organization that is designated by the Governor in Council as a department for the purposes of this Act.

    “deployment”

    « mutation »

    “deployment” means the transfer of a person from one position to another in accordance with Part 3.

    “deputy head”

    « administrateur général »

    “deputy head”

    • (a) in relation to an organization named in Schedule I to the Financial Administration Act, its deputy minister;

    • (b) in relation to any organization or part of an organization that is designated as a department under this Act, the person that the Governor in Council designates as the deputy head for the purposes of this Act; and

    • (c) in relation to any organization named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive authority to make appointments, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person designated by the Governor in Council as its deputy head for the purposes of this Act.

    “employee”

    « fonctionnaire »

    “employee” means a person employed in that part of the public service to which the Commission has exclusive authority to make appointments.

    “employer”

    « employeur »

    “employer” means

    • (a) the Treasury Board, in relation to an organization named in Schedule I or IV to the Financial Administration Act; or

    • (b) in relation to a separate agency to which the Commission has exclusive authority to make appointments, that separate agency.

    “external appointment process”

    « processus de nomination externe »

    “external appointment process” means a process for making one or more appointments in which persons may be considered whether or not they are employed in the public service.

    “internal appointment process”

    « processus de nomination interne »

    “internal appointment process” means a process for making one or more appointments in which only persons employed in the public service may be considered.

    “minister”

    « ministre »

    “minister”, except in section 131, means any minister referred to in section 4.1 of the Salaries Act and any minister of State referred to in the Ministries and Ministers of State Act.

    “organization”

    « administration »

    “organization” means any portion of the federal public administration named in Schedule I, IV or V to the Financial Administration Act.

    “public service”

    « fonction publique »

    “public service” means the several positions in or under

    • (a) the departments named in Schedule I to the Financial Administration Act;

    • (b) the organizations named in Schedule IV to that Act; and

    • (c) the separate agencies named in Schedule V to that Act.

    “separate agency”

    « organisme distinct »

    “separate agency” means an organization named in Schedule V to the Financial Administration Act.

    “statutory deputy head”

    « administrateur général au titre de la loi »

    “statutory deputy head” means any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head.

    “Tribunal”

    « Tribunal »

    “Tribunal” means the Public Service Staffing Tribunal continued by subsection 88(1).

  • Marginal note:References to deputy head

    (2) In this Act, unless the context otherwise requires,

    • (a) a reference to a deputy head in relation to an employee shall be construed as a reference to the deputy head of the department or other organization, as the case may be, in which the employee is employed; and

    • (b) a reference to a deputy head in relation to an appointment shall be construed as a reference to the deputy head of the department or other organization, as the case may be, in which the appointment is made.

  • Marginal note:References to occupational groups

    (3) A reference in this Act to an occupational group shall be construed as a reference to a group or subgroup of employees defined by the employer, and a reference to the executive group shall be construed as a reference to an occupational group or subgroup designated by the employer and consisting of management personnel.

  • Marginal note:References to abuse of authority

    (4) For greater certainty, a reference in this Act to abuse of authority shall be construed as including bad faith and personal favouritism.

  • 2003, c. 22, ss. 12 “2”, 271;
  • 2005, c. 16, s. 17.