PART 1Public Service Commission, Deputy Heads and Employer (continued)
(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
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.
Marginal note:Acting President
(3) If the President is absent or unable to act or if the office of President is vacant, the minister designated under section 23 may authorize a Commissioner or other qualified person to act as President for a period not exceeding sixty days, and the Governor in Council may authorize a Commissioner or other qualified person to act as President for any longer period.
(2) A vacancy in the membership of the Commission does not impair the right of the remaining Commissioners to act.
Marginal note:Head office
Marginal note:Human resources
9 The Commission may appoint the persons necessary for the proper conduct of its work in the manner authorized by this Act.
Marginal note:Experts and advisers
10 (1) The Commission may retain on a temporary basis the services of experts or other persons having technical or special knowledge to assist it in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration.
Marginal note:Application of Public Service Superannuation Act
Mandate and Functions of Commission
11 The mandate of the Commission is
(a) to appoint, or provide for the appointment of, persons to or from within the public service in accordance with this Act;
(b) to conduct investigations and audits in accordance with this Act; and
(c) to administer the provisions of this Act relating to political activities of employees and deputy heads.
Marginal note:Functions assigned by Governor in Council
12 The Commission shall perform any functions in relation to the public service that are assigned to it by the Governor in Council.
Marginal note:Delegation to Commissioners and employees
13 Any power or function of the Commission under this Act, other than under section 20 or 22, may be exercised or performed by any Commissioner or employee of the Commission authorized by the Commission to do so and, if so exercised or performed, is deemed to have been exercised or performed by the Commission.
Marginal note:Consultation by Commission
14 The Commission shall, on request or if it considers consultation necessary or desirable, consult with the employer or any employee organization certified as a bargaining agent under the Federal Public Sector Labour Relations Act with respect to policies respecting the manner of making and revoking appointments or with respect to the principles governing lay-offs or priorities for appointment.
- 2003, c. 22, s. 12 “14”
- 2017, c. 9, s. 55
Delegation by Commission to Deputy Heads
Marginal note:Exercise of powers and functions by deputy heads
15 (1) The Commission may authorize a deputy head to exercise or perform, in relation to his or her organization, in the manner and subject to any terms and conditions that the Commission directs, any of the powers and functions of the Commission under this Act, other than its powers under sections 17, 20 and 22, its power to investigate appointments under sections 66 to 69 and its powers under Part 7.
Marginal note:Revision or rescission
(2) Subject to subsection (3), the Commission may revise or rescind an authorization granted under this section.
Marginal note:Revocation of appointments
(3) Where the Commission authorizes a deputy head to make appointments pursuant to an internal appointment process, the authorization must include the power to revoke those appointments and to take corrective action whenever the deputy head, after investigation, is satisfied that an error, an omission or improper conduct affected the selection of a person for appointment.
(4) In authorizing a deputy head under subsection (3), the Commission is not required to include the authority to revoke appointments or to take corrective action in circumstances referred to in sections 68 and 69.
Marginal note:Commission jurisdiction
(5) The Commission may not revoke an appointment referred to in subsection (3) or take corrective action in relation to such an appointment except in circumstances referred to in sections 68 and 69.
Marginal note:Re-appointment on revocation
(6) Where the appointment of a person is revoked by a deputy head acting pursuant to subsection (3), 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:Compliance with appointment policies
16 In exercising or performing any of the Commission’s powers and functions pursuant to section 15, a deputy head is subject to any policies established by the Commission under subsection 29(3).
Marginal note:Audits by Commission
17 (1) 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:Biases and barriers
(2) The power to conduct audits includes the power to determine whether there are biases or barriers that disadvantage persons belonging to any equity-seeking group.
- 2003, c. 22, s. 12 “17”
- 2021, c. 23, s. 278
Marginal note:Powers of Commission
Marginal note:Persons acting for Commission
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.
Exclusions from this Act
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).
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