PART VPUBLIC SERVICE STAFFING TRIBUNAL

Establishment

Marginal note:Tribunal established

• 49. (1) A tribunal is established, to be called the Public Service Staffing Tribunal, consisting of between five and seven permanent members appointed by the Governor in Council and any temporary members that are appointed under section 51.

• Marginal note:Eligibility

  (2) In order to be eligible to hold office as a member, a person must

  • (a) 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; and

  • (b) have knowledge of or experience in employment matters in the public sector.

• Marginal note:Full-time or part-time

  (3) Members shall be appointed on a full-time or part-time basis.

• Marginal note:Chairperson and Vice-Chairperson

  (4) The Governor in Council shall designate a full-time permanent member to be Chairperson of the Tribunal and a full-time or part-time permanent member to be its Vice-Chairperson.

• Marginal note:Residence of Chairperson

  (5) The Chairperson 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:Oath or affirmation

  (6) Before commencing his or her functions, a person appointed as a member of the Tribunal shall take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:

  I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgement, skill and ability, execute and perform the office of member (or Chairperson or Vice-Chairperson) of the Public Service Staffing Tribunal.

Marginal note:Tenure

• 50. (1) A permanent member of the Tribunal holds office during good behaviour for a term not exceeding five years, but may be removed for cause by the Governor in Council.

• Marginal note:Reappointment

  (2) A permanent member is eligible to be reappointed.

Marginal note:Temporary members

• 51. (1) The Governor in Council may appoint temporary members of the Tribunal whenever, in the Governor in Council’s opinion, the workload of the Tribunal so requires.

• Marginal note:Tenure

  (2) A temporary member of the Tribunal holds office during good behaviour for a term not exceeding two years, but may be removed for cause by the Governor in Council.

• Marginal note:Reappointment

  (3) A temporary member is eligible to be reappointed.

Marginal note:Carrying out functions

52. Members shall not accept or hold any office or employment or carry on any activity inconsistent with their functions, and full-time members shall devote the whole of their time to the performance of their functions.

Marginal note:Remuneration

• 53. (1) A member shall be paid the remuneration fixed by the Governor in Council.

• Marginal note:Expenses

  (2) Members are entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.

• Marginal note:Application of Public Service Superannuation Act

  (3) Full-time members are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act.

• Marginal note:Application of other Acts

  (4) All members are deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act.

Marginal note:Offices

• 54. (1) The head office of the Tribunal shall be in the National Capital Region described in the schedule to the National Capital Act and the Tribunal may, with the approval of the Governor in Council, establish any regional offices that it considers necessary to carry out its mandate.

• Marginal note:Services and facilities

  (2) In executing its mandate, the Tribunal may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the operation of the Tribunal.

Marginal note:Chief executive officer

• 55. (1) The Chairperson of the Tribunal is its chief executive officer and has supervision over and direction of the work of the Tribunal.

• Marginal note:Delegation by Chairperson

  (2) The Chairperson may authorize the Vice-Chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s functions.

• Marginal note:Absence of Chairperson

  (3) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, the Vice-Chairperson shall act as the Chairperson and, while so acting, has all the powers and shall perform all the duties of the Chairperson.

• Marginal note:Acting Chairperson

  (4) If both the Chairperson and the Vice-Chairperson are absent or unable to act or if both of their offices are vacant, the minister designated by the Governor in Council for the purpose of this section may authorize a permanent member or other qualified person to act as Chairperson for a period not exceeding 60 days and the Governor in Council may authorize a permanent member or other qualified person to act as Chairperson for any longer period.

Marginal note:Human resources

• 56. (1) The Chairperson of the Tribunal may employ persons for the proper conduct of the Tribunal’s work, fix their period of employment, establish their probationary periods, reject them on probation and lay them off.

• Marginal note:Experts and advisers

  (2) The Chairperson may retain on a temporary basis the services of mediators and other experts or persons having technical or special knowledge to assist the Tribunal in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration.

• Marginal note:Application of Public Service Superannuation Act

  (3) Persons retained under subsection (2) are not employed in the Public Service for the purposes of the Public Service Superannuation Act.

Marginal note:Political activities

57. Sections 32 to 34 apply to persons employed by the Tribunal as if they were employees as defined in subsection 2(1).

Marginal note:Short title

1. This Act may be cited as the Canada School of Public Service Act.

CONTINUATION

Marginal note:Continuation

• 3. (1) The Canadian Centre for Management Development, established by subsection 3(1) of the Canadian Centre for Management Development Act, is continued as a corporation under the name of the Canada School of Public Service.

• Marginal note:Principal office

  (2) The principal office of the School shall be in the National Capital Region described in the schedule to the National Capital Act.

• Marginal note:Crown agent

  (3) The School is an agent of Her Majesty in right of Canada.

OBJECTS AND POWERS

Marginal note:Objects

4. The objects of the School are

• (a) to encourage pride and excellence in the Public Service and to foster in managers and other Public Service employees a sense of the purposes, values and traditions of the Public Service;

• (b) to help ensure that those managers have the analytical, creative, advisory, administrative and other managerial skills and knowledge necessary to develop and implement policy, respond to change, including changes in the social, cultural, racial and linguistic character of Canadian society, and manage government programs, services and personnel efficiently, effectively and equitably;

• (c) to help managers and other Public Service employees to develop successful cooperative relationships at all levels through leadership, motivation, effective internal communications and the encouragement of innovation, high-quality service to the public and skills development;

• (d) to develop within the Public Service and to attract to the Public Service, through the School’s programs and studies, persons who are of high calibre and who reflect the diversity of Canadian society, and to support their growth and development as public sector managers and employees committed to the service of Canada;

• (e) to formulate and provide training, orientation and development programs for public sector managers and employees, particularly for those in the Public Service;

• (f) to assist deputy heads in meeting the learning needs of their organization, including by way of delivering training and development programs;

• (g) to study and conduct research into the theory and practice of public sector management and public administration; and

• (h) to encourage a greater awareness in Canada of issues related to public sector management, public administration and the role and functions of government and to involve a broad range of individuals and institutions in the School’s pursuit of excellence in public administration.