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

Act current to 2016-11-21 and last amended on 2015-07-01. Previous Versions

Marginal note:Salaries
  •  (1) The Commissioners shall be paid the remuneration determined by the Governor in Council.

  • Marginal note:Expenses

    (2) The Commissioners are entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from their ordinary place of residence or, in the case of the President, while absent from his or her ordinary place of work.

  • Marginal note:Application of Public Service Superannuation Act

    (3) The President is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note:Application of other Acts

    (4) The Commissioners are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act.

Marginal note:President
  •  (1) The President is the chief executive officer of the Commission.

  • Marginal note:Residence

    (2) The President shall reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance of it specified by the Governor in Council.

  • Marginal note:Acting President

    (3) If the President is absent or unable to act or if the office of President is vacant, the minister designated under section 23 may authorize a Commissioner or other qualified person to act as President for a period not exceeding sixty days, and the Governor in Council may authorize a Commissioner or other qualified person to act as President for any longer period.

Marginal note:Quorum
  •  (1) A majority of the Commissioners constitutes a quorum of the Commission.

  • Marginal note:Vacancy

    (2) A vacancy in the membership of the Commission does not impair the right of the remaining Commissioners to act.

Marginal note:Head office

 The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act.

Marginal note:Human resources

 The Commission may appoint the persons necessary for the proper conduct of its work in the manner authorized by this Act.

Marginal note:Experts and advisers
  •  (1) The Commission may retain on a temporary basis the services of experts or other persons having technical or special knowledge to assist it in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration.

  • Marginal note:Application of Public Service Superannuation Act

    (2) Persons whose services are retained under subsection (1) are not employed in the public service for the purposes of the Public Service Superannuation Act.

Mandate and Functions of Commission

Marginal note:Mandate

 The mandate of the Commission is

  • (a) to appoint, or provide for the appointment of, persons to or from within the public service in accordance with this Act;

  • (b) to conduct investigations and audits in accordance with this Act; and

  • (c) to administer the provisions of this Act relating to political activities of employees and deputy heads.

Marginal note:Functions assigned by Governor in Council

 The Commission shall perform any functions in relation to the public service that are assigned to it by the Governor in Council.

Marginal note:Delegation to Commissioners and employees

 Any power or function of the Commission under this Act, other than under section 20 or 22, may be exercised or performed by any Commissioner or employee of the Commission authorized by the Commission to do so and, if so exercised or performed, is deemed to have been exercised or performed by the Commission.

Marginal note:Consultation by Commission

 The Commission shall, on request or if it considers consultation necessary or desirable, consult with the employer or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act with respect to policies respecting the manner of making and revoking appointments or with respect to the principles governing lay-offs or priorities for appointment.

Delegation by Commission to Deputy Heads

Marginal note:Exercise of powers and functions by deputy heads
  •  (1) The Commission may authorize a deputy head to exercise or perform, in relation to his or her organization, in the manner and subject to any terms and conditions that the Commission directs, any of the powers and functions of the Commission under this Act, other than its powers under sections 17, 20 and 22, its power to investigate appointments under sections 66 to 69 and its powers under Part 7.

  • Marginal note:Revision or rescission

    (2) Subject to subsection (3), the Commission may revise or rescind an authorization granted under this section.

  • Marginal note:Revocation of appointments

    (3) Where the Commission authorizes a deputy head to make appointments pursuant to an internal appointment process, the authorization must include the power to revoke those appointments and to take corrective action whenever the deputy head, after investigation, is satisfied that an error, an omission or improper conduct affected the selection of a person for appointment.

  • Marginal note:Exception

    (4) In authorizing a deputy head under subsection (3), the Commission is not required to include the authority to revoke appointments or to take corrective action in circumstances referred to in sections 68 and 69.

  • Marginal note:Commission jurisdiction

    (5) The Commission may not revoke an appointment referred to in subsection (3) or take corrective action in relation to such an appointment except in circumstances referred to in sections 68 and 69.

  • Marginal note:Re-appointment on revocation

    (6) Where the appointment of a person is revoked by a deputy head acting pursuant to subsection (3), 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).

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

 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: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).

 
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