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

Marginal note:Audits by Commission

17. 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

18. 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

• 19. (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.

Marginal note:Exclusion of positions and persons

• 20. (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).

Marginal note:Regulations of Governor in Council

21. The Governor in Council may, on the recommendation of the Commission, make regulations prescribing how any position or person, or class of positions or persons, excluded under section 20 from the application of this Act or any of its provisions is to be dealt with.

Marginal note:General regulatory power

• 22. (1) The Commission may make any regulations that it considers necessary to give effect to the provisions of this Act relating to matters under its jurisdiction.

• Marginal note:Regulations

  (2) Without limiting the generality of subsection (1), the Commission may make regulations

  • (a) establishing for any person or class of persons a right to be appointed — in priority to all persons other than those referred to in section 40 and subsections 41(1) and (4) — during the period specified by the Commission, to any position for which the Commission is satisfied that they meet the essential qualifications referred to in paragraph 30(2)(a);

  • (b) determining the order of priority of the rights to appointment established by any regulations made under paragraph (a);

  • (c) respecting appointments on an acting basis and the maximum period for which any such appointments or any class of such appointments may be made, and excluding any such appointments or class from the operation of any or all of the provisions of this Act;

  • (d) for the purpose of facilitating the implementation of employment equity programs developed by an employer or a deputy head, respecting the appointment to or from within the public service of persons belonging to a designated group within the meaning of section 3 of the Employment Equity Act, and excluding any such persons or any group of such persons from the operation of any or all of the provisions of this Act;

  • (e) respecting the appointment of persons within the executive group or to the executive group from within or outside the public service, and excluding any such persons or any class of such persons from the operation of any or all of the provisions of this Act;

  • (f) respecting the disclosure of information obtained in the course of an investigation under this Act;

  • (g) defining “incumbent-based process” for the purposes of subsection 34(1);

  • (h) prescribing the manner in which and the period within which allegations are to be made, and the manner in which investigations are to be conducted under Part 7; and

  • (i) respecting the manner of laying off employees and the manner of selecting employees to be laid off, for the purposes of section 64.