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

Act current to 2014-11-25 and last amended on 2014-11-01. Previous Versions

Marginal note:Persons acting for Commission
  •  (1) The Commission may direct that any investigation under this Part be conducted, in whole or in part, by one or more Commissioners or other persons.

  • Marginal note:Powers of Commissioner

    (2) A Commissioner directed under subsection (1) has the powers referred to in section 70 in relation to the matter before the Commissioner.

  • Marginal note:Powers of other person

    (3) Subject to any limitations specified by the Commission, a person directed under subsection (1), other than a Commissioner, has the powers referred to in section 70 in relation to the matter before the person.

Marginal note:Right to make submissions

 Where an investigation is conducted under this Part in relation to a person’s appointment or proposed appointment, that person and the deputy head in relation to the appointment — or their representatives — are entitled to make submissions to the Commission, Commissioner or other person, whichever is conducting the investigation.

Marginal note:Re-appointment following revocation

 Where the appointment of a person is revoked under any of sections 66 to 69, the Commission may appoint that person to another position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a).

Complaints to Board — Revocation of Appointment

Marginal note:Complaint

 A person whose appointment is revoked by the Commission under subsection 67(1) or by the deputy head under subsection 15(3) or 67(2) may, in the manner and within the period provided by the Board’s regulations, make a complaint to the Board that the revocation was unreasonable.

  • 2003, c. 22, s. 12 "74";
  • 2013, c. 40, s. 414.
Marginal note:Right to be heard

 Where a complaint is made under section 74, the complainant, the deputy head and the Commission — or their representatives — are entitled to be heard by the Board.

  • 2003, c. 22, s. 12 "75";
  • 2013, c. 40, s. 414.
Marginal note:Revocation set aside

 Where the Board finds a complaint under section 74 to be substantiated, it may order the Commission or the deputy head, as the case may be, to set aside the revocation.

  • 2003, c. 22, s. 12 "76";
  • 2013, c. 40, s. 414.

Complaints to Board — Internal Appointments

Marginal note:Grounds of complaint
  •  (1) When the Commission has made or proposed an appointment in an internal appointment process, a person in the area of recourse referred to in subsection (2) may — in the manner and within the period provided by the Board’s regulations — make a complaint to the Board that he or she was not appointed or proposed for appointment by reason of

    • (a) an abuse of authority by the Commission or the deputy head in the exercise of its or his or her authority under subsection 30(2);

    • (b) an abuse of authority by the Commission in choosing between an advertised and a non-advertised internal appointment process; or

    • (c) the failure of the Commission to assess the complainant in the official language of his or her choice as required by subsection 37(1).

  • Marginal note:Area of recourse

    (2) For the purposes of subsection (1), a person is in the area of recourse if the person is

    • (a) an unsuccessful candidate in the area of selection determined under section 34, in the case of an advertised internal appointment process; and

    • (b) any person in the area of selection determined under section 34, in the case of a non-advertised internal appointment process.

  • Marginal note:Excluded grounds

    (3) The Board may not consider an allegation that fraud occurred in an appointment process or that an appointment or proposed appointment was not free from political influence.

  • 2003, c. 22, s. 12 "77";
  • 2013, c. 40, s. 414.