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

Act current to 2017-11-06 and last amended on 2017-09-21. Previous Versions

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.
Marginal note:Notice to Canadian Human Rights Commission

 Where a complaint raises an issue involving the interpretation or application of the Canadian Human Rights Act, the complainant shall, in accordance with the regulations of the Board, notify the Canadian Human Rights Commission of the issue.

  • 2003, c. 22, s. 12 "78";
  • 2013, c. 40, s. 414.
Marginal note:Right to be heard
  •  (1) A person making a complaint under section 77, the person appointed or proposed for appointment, the deputy head and the Commission — or their representatives — are entitled to be heard by the Board.

  • Marginal note:Canadian Human Rights Commission

    (2) Where the Canadian Human Rights Commission is notified of an issue pursuant to section 78, it may make submissions to the Board with respect to that issue.

  • 2003, c. 22, s. 12 "79";
  • 2013, c. 40, s. 414.
Marginal note:Application of Canadian Human Rights Act

 In considering whether a complaint under section 77 is substantiated, the Board may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value.

  • 2003, c. 22, s. 12 "80";
  • 2013, c. 40, s. 414.
Marginal note:Corrective action when complaint upheld
  •  (1) If the Board finds a complaint under section 77 to be substantiated, the Board may order the Commission or the deputy head to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Board considers appropriate.

  • Marginal note:Relief for discrimination

    (2) Corrective action taken under subsection (1) may include an order for relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act.

  • 2003, c. 22, s. 12 "81";
  • 2013, c. 40, s. 414.
Marginal note:Restrictions

 The Board may not order the Commission to make an appointment or to conduct a new appointment process.

  • 2003, c. 22, s. 12 "82";
  • 2013, c. 40, s. 414.
Marginal note:Failure of corrective action

 Where the Commission has made or proposed an appointment as a result of the implementation of corrective action ordered under section 81, a complaint may be made to the Board, in the manner and within the period provided by its regulations, by

  • (a) the person who made the complaint under section 77,

  • (b) the person who was the subject of the appointment or proposed appointment referred to in subsection 77(1), or

  • (c) any other person directly affected by the implementation of the corrective action,

on the grounds that the person was not appointed or proposed for appointment by reason of an abuse of authority by the Commission or deputy head in the implementation of the corrective action.

  • 2003, c. 22, s. 12 "83";
  • 2013, c. 40, s. 414.
Marginal note:Powers of Board

 Where the Board finds a complaint under section 83 to be substantiated, it may

  • (a) order the Commission or the deputy head to revoke the appointment made as a result of the implementation of the corrective action, or not to make the appointment, as the case may be; and

  • (b) give the Commission or the deputy head any directions that it considers appropriate with respect to the implementation of the corrective action.

  • 2003, c. 22, s. 12 "84";
  • 2013, c. 40, s. 414.
Marginal note:Right to be heard

 In the consideration of a complaint made under section 83, the persons entitled to be heard by the Board are the persons entitled to make a complaint under that section in respect of the corrective action, the person appointed or proposed for appointment as a result of the corrective action, the deputy head and the Commission, or their representatives.

  • 2003, c. 22, s. 12 "85";
  • 2013, c. 40, s. 414.
Marginal note:Appointment to other position

 Where the appointment of a person is revoked pursuant to subsection 81(1), 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:No right to complain

 No complaint may be made under section 77 in respect of an 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 “87”;
  • 2006, c. 9, s. 105;
  • 2013, c. 40, s. 414;
  • 2015, c. 5, ss. 10, 14.

PART 6Federal Public Sector Labour Relations and Employment Board

Powers, Duties and Functions

Marginal note:Complaints

 The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77 and 83.

  • 2003, c. 22, s. 12 "88";
  • 2013, c. 40, s. 405.
Marginal note:Powers

 Subject to any limitations that the Governor in Council may establish in the interests of defence or security, the Board has, in relation to a complaint, the power to enter any premises of an employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliances or articles in the premises and require any person in the premises to answer all questions relating to the complaint.

  • 2003, c. 22, s. 12 "89";
  • 2013, c. 40, s. 405.

 [Repealed, 2013, c. 40, s. 405]

 [Repealed, 2013, c. 40, s. 405]

 
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