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

Act current to 2015-08-04 and last amended on 2015-07-01. Previous Versions

PART 5INVESTIGATIONS AND COMPLAINTS RELATING TO APPOINTMENTS

Investigation of Appointments by Commission

Marginal note:External appointments

 The Commission may investigate any external appointment process and, if it is satisfied that the appointment was not made or proposed to be made on the basis of merit, or that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may

  • (a) revoke the appointment or not make the appointment, as the case may be; and

  • (b) take any corrective action that it considers appropriate.

Marginal note:Internal appointments — no delegation
  •  (1) The Commission may investigate an internal appointment process, other than one conducted by a deputy head acting under subsection 15(1), and, if it is satisfied that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may

    • (a) revoke the appointment or not make the appointment, as the case may be; and

    • (b) take any corrective action that it considers appropriate.

  • Marginal note:Internal appointments — delegation

    (2) The Commission may, at the request of the deputy head, investigate an internal appointment process that was conducted by a deputy head acting under subsection 15(1), and report its findings to the deputy head and the deputy head may, if satisfied that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment,

    • (a) revoke the appointment or not make the appointment, as the case may be; and

    • (b) take any corrective action that he or she considers appropriate.

Marginal note:Political influence

 If it has reason to believe that an appointment or proposed appointment was not free from political influence, the Commission may investigate the appointment process and, if it is satisfied that the appointment or proposed appointment was not free from political influence, the Commission may

  • (a) revoke the appointment or not make the appointment, as the case may be; and

  • (b) take any corrective action that it considers appropriate.

Marginal note:Fraud

 If it has reason to believe that fraud may have occurred in an appointment process, the Commission may investigate the appointment process and, if it is satisfied that fraud has occurred, the Commission may

  • (a) revoke the appointment or not make the appointment, as the case may be; and

  • (b) take any corrective action that it considers appropriate.

Marginal note:Powers of Commission
  •  (1) In conducting any investigation under this Part, the Commission has all the powers of a commissioner under Part II of the Inquiries Act.

  • Marginal note:Informality

    (2) An investigation shall be conducted by the Commission as informally and expeditiously as possible.