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

Act current to 2021-11-17 and last amended on 2021-06-29. Previous Versions

PART 6Federal Public Sector Labour Relations and Employment Board (continued)

Mediation Services

Marginal note:Mediation services

  •  (1) The Board may provide mediation services at any stage of a proceeding in order to resolve a complaint.

  • Marginal note:Member as mediator

    (2) The provision of mediation services by a member at any stage of hearing a complaint does not prevent that member from continuing to hear the complaint with respect to any issues that have not been resolved, unless the Commission or any person entitled to be heard objects to that member continuing.

  • 2003, c. 22, s. 12 "97"
  • 2013, c. 40, s. 414

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

Complaint Procedure

Marginal note:Filing of order in Federal Court

  •  (1) The Board must, on the request in writing of the Commission or any person to whom an order of the Board applies, file a certified copy of the order in the Federal Court unless, in the Board’s opinion

    • (a) there is no indication, or likelihood, of failure to comply with the order; or

    • (b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.

  • Marginal note:Non-application

    (2) Section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1).

  • Marginal note:Effect of filing

    (3) An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.

  • 2003, c. 22, s. 12 “103”
  • 2013, c. 40, s. 407
  • 2017, c. 9, s. 56

Marginal note:Copy of decision provided

 The Board shall render a decision on a complaint made under subsection 65(1) or section 74, 77 or 83 and provide a copy of it  —  including any written reasons  —  and any accompanying order to the Commission and to each person who exercised the right to be heard on the complaint.

  • 2013, c. 40, s. 407

General

Marginal note:Certain persons not compellable as witnesses

 Persons providing mediation services under this Part are not competent or compellable to appear as witnesses in any civil action, suit or other proceeding respecting information obtained in the discharge of their functions under this Part.

  • 2003, c. 22, s. 12 "104"
  • 2013, c. 40, s. 407

Marginal note:Notes and drafts not to be disclosed

 None of the following may be disclosed without the consent of the person who made them:

  • (a) [Repealed, 2013, c. 40, s. 408]

  • (b) notes of any person providing mediation services under this Part.

  • 2003, c. 22, s. 12 "105"
  • 2013, c. 40, s. 408

 [Repealed, 2013, c. 40, s. 409]

 [Repealed, 2013, c. 40, s. 409]

 [Repealed, 2013, c. 40, s. 409]

Regulations

Marginal note:Regulations of Board

 The Board may make regulations respecting

  • (a) the manner in which and the time within which a complaint may be made under subsection 65(1) or section 74, 77 or 83;

  • (b) and (c) [Repealed, 2013, c. 40, s. 411]

  • (d) the manner of giving notice of an issue to the Canadian Human Rights Commission under subsection 65(5) or section 78;

  • (d.1) the manner of giving notice of an issue to the Accessibility Commissioner under subsection 65(9) or section 78.1; and

  • (e) the disclosure of information obtained in the course of an appointment process or a complaint proceeding under this Act.

 [Repealed, 2013, c. 40, s. 412]

PART 7Political Activities

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    election

    election means a federal, provincial, territorial or municipal election. (élection)

    federal election

    federal election means an election to the House of Commons. (élection fédérale)

    municipal election

    municipal election means an election as the mayor or a member of the council of a municipality. (élection municipale)

    municipality

    municipality means

    • (a) an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or other municipality, however designated; or

    • (b) any other local or regional authority that is determined by the Governor in Council to be a municipality for the purposes of this Part. (municipalité)

    political activity

    political activity means

    • (a) carrying on any activity in support of, within or in opposition to a political party;

    • (b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or

    • (c) seeking nomination as or being a candidate in an election before or during the election period. (activité politique)

    provincial election

    provincial election means an election to the legislature of a province. (élection provinciale)

    territorial election

    territorial election means an election to the Legislative Assembly of Yukon, the Northwest Territories or Nunavut. (élection territoriale)

  • Marginal note:Meaning of deputy head

    (2) For the purposes of this Part, deputy head includes a Commissioner appointed under subsection 4(5).

  • 2003, c. 22, ss. 12 “111”, 272
  • 2013, c. 40, s. 413
  • 2014, c. 2, s. 55, c. 20, s. 474

Purpose of Part

Marginal note:Purpose

 The purpose of this Part is to recognize the right of employees to engage in political activities while maintaining the principle of political impartiality in the public service.

Employees

Marginal note:Permitted activities

  •  (1) An employee may engage in any political activity so long as it does not impair, or is not perceived as impairing, the employee’s ability to perform his or her duties in a politically impartial manner.

  • Marginal note:Regulations

    (2) The Governor in Council may, on the recommendation of the Commission, make regulations specifying political activities that are deemed to impair the ability of an employee, or any class of employees, to perform their duties in a politically impartial manner.

  • Marginal note:Factors

    (3) In making regulations, the Governor in Council may take into consideration factors such as the nature of the political activity and the nature of the duties of an employee or class of employees and the level and visibility of their positions.

Marginal note:Seeking candidacy

  •  (1) An employee may seek nomination as a candidate in a federal, provincial or territorial election before or during the election period only if the employee has requested and obtained permission from the Commission to do so.

  • Marginal note:Being a candidate before election period

    (2) An employee may, before the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained permission from the Commission to do so.

  • Marginal note:Being a candidate during election period

    (3) An employee may, during the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained a leave of absence without pay from the Commission.

  • Marginal note:Granting of permission

    (4) The Commission may grant permission for the purpose of subsection (1) or (2) only if it is satisfied that the employee’s ability to perform his or her duties in a politically impartial manner will not be impaired or perceived to be impaired.

  • Marginal note:Granting of leave

    (5) The Commission may grant leave for the purpose of subsection (3) only if it is satisfied that being a candidate during the election period will not impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner.

  • Marginal note:Factors

    (6) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the employee’s duties and the level and visibility of the employee’s position.

  • Marginal note:Conditions

    (7) The Commission may make permission under subsection (4) conditional on the employee taking a leave of absence without pay for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be.

  • Marginal note:Effect of election

    (8) An employee ceases to be an employee on the day he or she is declared elected in a federal, provincial or territorial election.

Marginal note:Candidacy in municipal elections

  •  (1) An employee may seek nomination as, or be, a candidate in a municipal election before or during the election period, only if the employee has requested and obtained permission from the Commission to do so.

  • Marginal note:Granting of permission

    (2) The Commission may grant permission only if it is satisfied that seeking nomination as, or being, a candidate in the election will not impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner.

  • Marginal note:Factors

    (3) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the employee’s duties and the level and visibility of the employee’s position.

  • Marginal note:Conditions

    (4) The Commission may make permission under this section conditional on

    • (a) the employee taking a leave of absence without pay

      • (i) for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be, or

      • (ii) for the period in which he or she is a candidate during the election period; and

    • (b) the employee taking a leave of absence without pay or ceasing to be an employee if he or she is declared elected.

Marginal note:Notice

 On granting an employee permission under subsection 114(4), leave under subsection 114(5) or permission under subsection 115(2), the Commission shall cause notice that it has done so, together with the name of that employee, to be published in the Canada Gazette.

Deputy Heads

Marginal note:Political activities

 A deputy head shall not engage in any political activity other than voting in an election.

Allegations

Marginal note:Investigation and corrective action — employees

 The Commission may investigate any allegation, in accordance with the regulations, that an employee has failed to comply with any of subsections 113(1), 114(1) to (3) and 115(1) and, if it concludes that the allegation is substantiated, may dismiss the employee or may take any corrective action that it considers appropriate.

Marginal note:Investigation and dismissal — deputy head

  •  (1) The Commission may investigate any allegation, made to it by a person who is or has been a candidate in an election, that a deputy head has contravened section 117 and, if it concludes that the allegation is substantiated, the Commission shall report its conclusion to the Governor in Council and the Governor in Council may dismiss the deputy head.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of any deputy head whose removal from office is expressly provided for by this or any other Act, otherwise than by termination of his or her appointment at pleasure.

Marginal note:Powers under Inquiries Act

 In conducting any investigation under this Part, the Commission has all the powers of a commissioner under Part II of the Inquiries Act.

Marginal note:Persons acting for Commission

  •  (1) The Commission may direct that any investigation under this Part be conducted, in whole or in part, by one or more Commissioners or other persons.

  • Marginal note:Powers of Commissioner

    (2) A Commissioner directed under subsection (1) has the powers referred to in section 120 in relation to the matter before the Commissioner.

  • Marginal note:Powers of other person

    (3) Subject to any limitations specified by the Commission, a person directed under subsection (1), other than a Commissioner, has the powers referred to in section 120 in relation to the matter before the person.

Marginal note:Right to be heard

 A person making an allegation under section 118 or 119 and the employee or deputy head against whom it is made — or their representatives — are entitled to be heard by the Commission, Commissioner or other person, whichever is conducting the investigation.

 
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