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

Act current to 2014-08-05 and last amended on 2014-04-01. Previous Versions

Marginal note:Descriptive cross-references

 If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject-matter of the provision referred to, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only.

PART 1PUBLIC SERVICE COMMISSION, DEPUTY HEADS AND EMPLOYER

Commission

Marginal note:Commission continued
  •  (1) The Public Service Commission is continued, consisting of a President and two or more other Commissioners.

  • Marginal note:Eligibility

    (2) In order to be eligible to hold office as a Commissioner, a person must be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act.

  • Marginal note:Full-time or part-time

    (3) The President shall serve on a full-time basis and the other Commissioners on a part-time basis.

  • Marginal note:Other employment or activities

    (4) Commissioners shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their functions, and the President shall devote the whole of his or her time to the performance of the President’s functions.

  • Marginal note:Appointment of Commissioners

    (5) The President and other Commissioners shall be appointed by the Governor in Council. The appointment of the President shall be made by commission under the Great Seal, after approval by resolution of the Senate and House of Commons.

  • Marginal note:Tenure and term of office

    (6) A Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons.

  • Marginal note:Re-appointment

    (7) A Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years.

  • Marginal note:Oath or affirmation

    (8) Before commencing his or her functions, a Commissioner shall take an oath or make a solemn affirmation in the following form before the Clerk of the Privy Council or the person designated by the Clerk:

    I, , do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of (Commissioner or President, as the case may be) of the Public Service Commission. (Add, in the case where an oath is taken, “So help me God” (or name of deity).)

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.