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

Act current to 2017-10-13 and last amended on 2017-09-21. Previous Versions

Marginal note:Qualification standards
  •  (1) The employer may establish qualification standards, in relation to education, knowledge, experience, occupational certification, language or other qualifications, that the employer considers necessary or desirable having regard to the nature of the work to be performed and the present and future needs of the public service.

  • Marginal note:Qualifications

    (2) The qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i) must meet or exceed any applicable qualification standards established by the employer under subsection (1).

Marginal note:Professional development programs

 In respect of appointments made within the framework of any professional development or apprenticeship program that is offered across departments and other organizations, the qualifications, requirements and needs referred to in subsection 30(2) are established or identified by the Treasury Board with respect to organizations for which the Treasury Board is the employer.

Marginal note:Appointment processes

 In making an appointment, the Commission may use an advertised or non-advertised appointment process.

Marginal note:Area of selection
  •  (1) For purposes of eligibility in any appointment process, other than an incumbent-based process, the Commission may determine an area of selection by establishing geographic, organizational or occupational criteria or by establishing, as a criterion, belonging to any of the designated groups within the meaning of section 3 of the Employment Equity Act.

  • Marginal note:Designated groups

    (2) The Commission may establish different geographic, organizational or occupational criteria for designated groups within the meaning of section 3 of the Employment Equity Act than for other persons.

Marginal note:Mobility  — separate agencies
  •  (1) Unless otherwise provided in this or any other Act, a person employed in a separate agency to which the Commission does not have the exclusive authority to make appointments

    • (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section; and

    • (b) has the right to make a complaint under section 77.

  • Marginal note:Mobility — designated organizations

    (2) A person not otherwise employed in the public service who is employed in any portion of the federal public administration designated under subsection (4)

    • (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all persons employed in the public service to be considered, as long as the person meets the other criteria, if any, established under that section; and

    • (b) has the right to make a complaint under section 77.

  • (3) [Repealed, 2013, c. 40, s. 404]

  • Marginal note:Designation

    (4) The Governor in Council may, on the recommendation of the Commission, designate any portion of the federal public administration for the purposes of subsection (2).

  • Marginal note:Revocation

    (5) The Governor in Council may, on the recommendation of the Commission, revoke any designation under subsection (4).

  • 2003, c. 22, s. 12 "35";
  • 2013, c. 40, s. 404.
Marginal note:Mobility — member of Canadian Forces
  •  (1) A member of the Canadian Forces who has accumulated at least three years of service and is not employed in the public service for an indeterminate period

    • (a) may participate in an advertised internal appointment process; and

    • (b) has the right to make a complaint under section 77.

  • Marginal note:Exception

    (1.1) For the purpose of paragraph (1)(a), if a criterion in relation to belonging to any of the designated groups, as defined in section 3 of the Employment Equity Act, is established under section 34, the member shall meet that criterion.

  • Marginal note:Deemed employment in public service

    (2) A member who participates in a process referred to in subsection (1) is, for the purpose of the process, deemed to be a person employed in the public service.

  • Definition of member

    (3) In this section, member means a person who is enrolled in the Canadian Forces.

  • 2005, c. 21, s. 115;
  • 2015, c. 5, s. 3.
Marginal note:Mobility — former member of Canadian Forces
  •  (1) A person who is not enrolled in the Canadian Forces, has served at least three years in the Canadian Forces, has been honourably released within the meaning of regulations made under the National Defence Act and is not employed in the public service for an indeterminate period

    • (a) may, during a period of five years after their date of release, participate in an advertised internal appointment process; and

    • (b) has the right to make a complaint under section 77.

  • Marginal note:Deemed employment in public service

    (2) A person who participates in a process referred to in subsection (1) is, for the purpose of the process, deemed to be a person employed in the public service.

  • Marginal note:Exception

    (3) For the purpose of paragraph (1)(a), if a criterion in relation to belonging to any of the designated groups, as defined in section 3 of the Employment Equity Act, is established under section 34, the person shall meet that criterion.

  • 2015, c. 5, s. 4.
Marginal note:Mobility — ministers’ staffs

 A person who has been employed for at least three years in the office of a minister or of a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, or in any of those offices successively,

  • (a) may, during a period of one year after they cease to be so employed, participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as they meet the other criteria, if any, established under that section; and

  • (b) has the right to make a complaint under section 77.

  • 2006, c. 9, s. 101.
Marginal note:Parliamentary employees

 A person employed in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer

  • (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section; and

  • (b) has the right to make a complaint under section 77.

  • 2006, c. 9, s. 101;
  • 2015, c. 36, s. 151;
  • 2017, c. 20, s. 186.
Marginal note:Assessment methods

 In making an appointment, the Commission may use any assessment method, such as a review of past performance and accomplishments, interviews and examinations, that it considers appropriate to determine whether a person meets the qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i).

Marginal note:Language of examination
  •  (1) An examination or interview, when conducted for the purpose of assessing qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i), other than language proficiency, shall be conducted in English or French or both at the option of the candidate.

  • Marginal note:Testing for language skills

    (2) An examination or interview, when conducted for the purpose of assessing the qualifications of the candidate in the knowledge and use of English or French or both, or of a third language, shall be conducted in that language or those languages.

Marginal note:Exceptions to merit

 Paragraph 30(2)(b) does not apply in relation to any appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 39.1 (priority — members of the Canadian Forces) or 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Board order), or under any regulations made under paragraph 22(2)(a).

  • 2003, c. 22, s. 12 “38”;
  • 2006, c. 9, s. 102;
  • 2013, c. 40, s. 414;
  • 2015, c. 5, ss. 5, 14.
 
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