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

RELATED PROVISIONS

• — 2003, c. 22, s. 68

  • Definitions

    68 The following definitions apply in this Division.

    amended Act

    amended Act means the former Act as amended by Division 2 of Part 3 of this Act. (loi modifiée)

    former Act

    former Act means the Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985. (ancienne loi)

    former Commission

    former Commission means the Public Service Commission established by subsection 3(1) of the former Act. (ancienne Commission)

    new Act

    new Act means the Public Service Employment Act, enacted by sections 12 and 13 of this Act. (nouvelle loi)

    new Commission

    new Commission means the Public Service Commission established by subsection 3(1) of the amended Act. (nouvelle Commission)

• — 2003, c. 22, s. 69

  • Priorities

    69 Every person who has a priority for appointment under the amended Act on the coming into force of subsection 29(1) of the new Act continues to have priority for appointment under the new Act for the period, and in the order, provided for by or under the amended Act.

• — 2003, c. 22, s. 70

  • Pending competitions and appointments

    70 The coming into force of subsection 29(1) of the new Act does not affect any competition or other selection process being conducted under the amended Act.

• — 2003, c. 22, s. 71

  • Eligibility lists

    71 An eligibility list made under the amended Act that is valid on the coming into force of subsection 29(1) of the new Act continues to be valid for the period provided for under subsection 17(2) of the amended Act, to a maximum of six months after the coming into force of subsection 29(1) of the new Act.

• — 2003, c. 22, s. 72

  • Pending appeals

    72 An appeal taken within the period provided for under section 21 of the amended Act and not finally disposed of on the coming into force of subsection 77(1) of the new Act must be dealt with and disposed of in accordance with the amended Act.

• — 2003, c. 22, s. 73

  • Pending deployment recourse

    73 A complaint made within the time and manner provided for under section 34.3 of the amended Act and not finally disposed of on the coming into force of subparagraph 209(1)(c)(ii) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, must be dealt with and disposed of in accordance with the amended Act.

• — 2003, c. 22, s. 74

  • Audits

    • 74 (1) Any audit commenced under section 7.1 of the amended Act that has not been completed on the coming into force of section 17 of the new Act must be dealt with and disposed of in accordance with the amended Act.

    • Investigations

      (2) Any investigation commenced under section 7.1 of the amended Act that has not been completed on the coming into force of section 66 of the new Act must be dealt with and disposed of in accordance with the amended Act.

• — 2003, c. 22, s. 75

  • Notice of lay-off

    75 If, prior to the coming into force of section 64 of the new Act, an employee was informed under regulations made under subsection 29(1) of the amended Act that he or she would be laid off but was not laid off, section 29 of the amended Act continues to apply to the employee.

• — 2003, c. 22, s. 76

  • Employees on probation

    • 76 (1) Every employee who was considered to be on probation under section 28 of the amended Act immediately prior to the coming into force of section 61 of the new Act continues to be on probation until the end of any period that was established by regulation under section 28 of the amended Act.

    • Rejection

      (2) After the coming into force of section 62 of the new Act, subsection 28(2) of the amended Act continues to apply in respect of any employee who was considered to be on probation under section 28 of the former Act immediately before the coming into force of section 62 of the new Act.

• — 2003, c. 22, s. 77

  • Cessation of office

    77 The President and members of the former Commission cease to hold office on the day on which subsection 3(1) of the amended Act comes into force.

• — 2003, c. 22, s. 78

  • Policies, delegation instruments, etc.

    78 The regulations, policies, directives, instruments of delegation and other instruments issued by the former Commission before the day on which subsection 3(1) of the amended Act comes into force are deemed to be those of the new Commission on that day.

• — 2003, c. 22, s. 79

  • Status of Commission employees

    79 Subject to subsections 87(2) and (3) of this Act, nothing in the amended Act affects the status of any person who was an employee of the former Commission immediately before the day on which subsection 3(1) of the amended Act comes into force, except that, as of that day, the person is an employee of the new Commission.

• — 2003, c. 22, s. 80

  • Rights and obligations transferred

    80 All rights and property held by or in the name of or in trust for the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission.

• — 2003, c. 22, s. 81

  • References

    81 Every reference to the former Commission in a deed, contract or other document executed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context otherwise requires.

• — 2003, c. 22, s. 82

  • Transfer of appropriations

    82 Any amount appropriated, for the fiscal year that includes the day on which subsection 3(1) of the amended Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Commission and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Commission.

• — 2003, c. 22, s. 83

  • Continuation of legal proceedings

    83 Any action, suit or other proceeding, to which the former Commission is a party, that is pending in any court on the day on which subsection 3(1) of the amended Act comes into force may be continued by or against the new Commission in the like manner and to the same extent as it could have been continued by or against the former Commission.

• — 2005, c. 38, s. 16, as amended by 2005, c. 38, par. 144(8)(a)(E)

  • Definitions

    16 The following definitions apply in sections 17 to 19 and 21 to 28.

    former agency

    former agency means the portion of the federal public administration known as the Canada Border Services Agency. (ancienne agence)

    new agency

    new agency means the Canada Border Services Agency established under subsection 3(1). (nouvelle agence)

    order P.C. 2003-2064

    order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. (décret C.P. 2003-2064)

• — 2005, c. 38, par. 19(1)(h)

  • References

    • 19 (1) A reference to the former agency in any of the following is deemed to be a reference to the new agency:

      • (h) any order of the Governor in Council made under the definition department in subsection 2(1) of the Public Service Employment Act.

• — 2005, c. 38, par. 19(2)(b)

  • Deputy head

    • 19 (2) The designation of a person as deputy head of the former agency in any of the following is deemed to be a designation of the President of the new agency as deputy head of that agency:

      • (b) any order of the Governor in Council made under the definition deputy head in subsection 2(1) of the Public Service Employment Act.

• — 2006, c. 5, s. 16

  • Definitions

    16 The following definitions apply in sections 17 to 19.

    former agency

    former agency means the portion of the federal public administration known as the Public Health Agency of Canada. (ancienne agence)

    new agency

    new agency means the Public Health Agency of Canada established under section 3. (nouvelle agence)

• — 2006, c. 5, s. 19

  • References

    • 19 (1) A reference to the former agency in any of the following schedules and orders is deemed to be a reference to the new agency:

      • (g) any order of the Governor in Council made pursuant to the definition department in subsection 2(1) of the Public Service Employment Act.

    • Deputy head

      (2) The designation of a person as deputy head of the former agency in any order of the Governor in Council made pursuant to paragraph 29(e) of the Canadian Security Intelligence Service Act or to the definition deputy head in subsection 2(1) of the Public Service Employment Act is deemed to be a designation of the Chief Public Health Officer as deputy head of the new agency.

• — 2006, c. 9, s. 107

  • Employees of ministers’ offices

    107 A person referred to in subsection 41(2) or (3) of the Public Service Employment Act, as it read on the coming into force of subsection 103(1) of this Act, shall continue to be given priority for appointment in accordance with subsection 41(2) or (3), as the case may be, for a period of one year following the day on which the person ceased to be employed if that day is prior to the coming into force of this section.

• — 2012, c. 19, s. 743

  • Employees of Agency

    743 Any employee of the Agency who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act is, for the purpose of any workforce adjustment measure taken with respect to them, transferred to the Department of Health on the day on which section 722 comes into force.

• — 2012, c. 31, s. 285

  • Order

    • 285 (1) Before section 275 comes into force, the Governor in Council may, by order made on the recommendation of the Treasury Board, declare that any person appointed under section 38 of the Hazardous Materials Information Review Act or any class of those persons shall, on the coming into force of the order, occupy their positions in the Department of Health.

    • Transfer

      (2) Any person appointed under section 38 of the Hazardous Materials Information Review Act who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act and who is not the subject of an order made under subsection (1) is, for the purpose of any workforce adjustment measure taken with respect to the person, transferred to the Department of Health on the day on which section 275 comes into force.

• — 2013, c. 18, s. 86

  • Publication of date

    • 86 (1) The Treasury Board may publish in the Canada Gazette a date on which every member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, as that definition reads on that date, who does not form part of any category determined under section 20.1 of that Act is deemed, as of that date, to be a person appointed under the Public Service Employment Act.

    • Effect of publication

      (2) Every person who is a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, who does not form part of any category determined under section 20.1 of that Act ceases to be a member, as defined in that subsection 2(1), on the date published in the Canada Gazette under subsection (1).

    • Person not on probation

      (3) Section 61 of the Public Service Employment Act does not apply to a person to whom subsection (2) applies if the person was not on probation under the Royal Canadian Mounted Police Act immediately before the date published in the Canada Gazette under subsection (1).

    • Person on probation

      (4) Section 61 of the Public Service Employment Act applies to a person to whom subsection (2) applies if the person was on probation under the Royal Canadian Mounted Police Act immediately before the date published in the Canada Gazette under subsection (1), except that time the person is on probation under that section 61 is the time the person would be on probation under that section less any amount of time the person was on probation under the Royal Canadian Mounted Police Act immediately before that date.

• — 2013, c. 40, s. 415

  • Definitions

    415 The following definitions apply in sections 416 to 424.

    Board

    Board means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act. (Commission)

    Tribunal

    Tribunal means the Public Service Staffing Tribunal that is continued by subsection 88(1) of the Public Service Employment Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force. (Tribunal)

• — 2013, c. 40, s. 416

  • Appointments terminated

    • 416 (1) Members of the Tribunal cease to hold office on the day on which subsection 366(1) of this Act comes into force.

    • No compensation

      (2) Despite the provisions of any contract, agreement or order, no person who was appointed to hold office as a part-time member of the Tribunal has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

• — 2013, c. 40, s. 417

  • Continuation of proceedings

    417 Subject to subsection 418(1), every proceeding commenced with respect to a complaint made under subsection 65(1) or sections 74, 77 or 83 of the Public Service Employment Act before the day on which subsection 366(1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.

• — 2013, c. 40, s. 418

  • Continuation — member of Tribunal

    • 418 (1) A member of the Tribunal may, at the request of the Chairperson of the Board, continue to consider and dispose of any complaint that was before the member before the day on which subsection 366(1) of this Act comes into force.

    • Powers

      (2) For the purposes of subsection (1), a member of the Tribunal exercises the same powers, and performs the same duties and functions, as a panel of the Board.

    • Refusal to complete duties

      (3) If a member of the Tribunal refuses to continue to consider or dispose of a complaint referred to in subsection (1), the Chairperson of the Board may assign it to a panel of the Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act, on any terms and conditions that the Chairperson of the Board may specify for the protection and preservation of the rights and interests of the parties.

    • Supervision by Chairperson of Board

      (4) The Chairperson of the Board has supervision over and direction of the work of any member of the Tribunal who continues to consider and dispose of a complaint referred to in subsection (1).

    • Remuneration and expenses

      (5) A member of the Tribunal who continues to consider and dispose of a complaint referred to in subsection (1)

      • (a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and

      • (b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from their ordinary place of residence.

    • Limitation

      (6) The Chairperson of the Board may withdraw from a member of the Tribunal a complaint referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366(1) of this Act comes into force and assign it to a panel of the Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act, on any terms and conditions that the Chairperson of the Board may specify for the protection and preservation of the rights and interests of the parties.

• — 2013, c. 40, s. 419

  • Persons employed by Tribunal

    419 Nothing in this Division affects the status of any person who, immediately before the day on which subsection 366(1) of this Act comes into force, is employed by the Tribunal, except that, as of that day, the person is employed by the Board.

• — 2013, c. 40, s. 420

  • Rights and obligations transferred

    420 All rights and property held by or in the name of or in trust for the Tribunal and all obligations and liabilities of the Tribunal are deemed to be rights, property, obligations and liabilities of the Board.

• — 2013, c. 40, s. 421

  • References

    421 Every reference to the Tribunal in a deed, contract or other document executed or, in Quebec, signed by the Tribunal in its own name is to be read as a reference to the Board, unless the context requires otherwise.

• — 2013, c. 40, s. 422

  • Continuation of legal proceedings

    422 Any action, suit or other proceeding to which the Tribunal is a party that is pending in any court on the day on which subsection 366(1) of this Act comes into force may be continued by or against the Board in the same manner and to the same extent as it could have been continued by or against the Tribunal.

• — 2013, c. 40, s. 423

  • Commencement of legal proceedings

    423 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Tribunal may be brought against the Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Tribunal.

• — 2013, c. 40, s. 424

  • Orders and decisions continued

    424 Every order or decision made by the Tribunal is deemed to have been made by the Board and may be enforced as such.

• — 2015, c. 5, s. 13

  • Priority

    • 13 (1) Section 39.1 of the Public Service Employment Act applies to a person who is described in any of paragraphs 8(1)(a) to (e) of the Public Service Employment Regulations, who has had an entitlement to a priority under section 8 of those Regulations at any time during the period that begins on April 1, 2012 and ends on the day before the day on which this Act comes into force and who has been released from the Canadian Forces for medical reasons that the Minister of Veterans Affairs determines are attributable to service, unless, during that period, the person has been appointed to a position in the public service for an indeterminate period or declined such an appointment without good and sufficient reason.

    • Entitlement period

      (2) For the purposes of subsection (1), the entitlement to the priority established by section 39.1 of the Public Service Employment Act ends on the earliest of

      • (a) the day that is five years after the day on which this Act comes into force,

      • (b) the day on which the person is appointed to a position in the public service for an indeterminate period, and

      • (c) the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.

• — 2021, c. 23, s. 282

  • Investigations

    282 Subsection 2(5) of the Public Service Employment Act, as enacted by subsection 277(2), applies only in respect of appointment processes that commence on or after the day on which that subsection 277(2) comes into force and investigations into those processes.

• — 2021, c. 23, s. 283

  • Qualifications standards

    283 Subsection 31(3) of the Public Service Employment Act, as enacted by section 279, applies only in respect of reviews that commence on or after the day on which that section 279 comes into force.

• — 2021, c. 23, s. 284

  • Assessment methods

    284 Subsection 36(2) of the Public Service Employment Act, as enacted by section 280, applies only in respect of appointment processes that commence on or after the day on which that section 280 comes into force.

• — 2021, c. 23, s. 285

  • Preference

    285 Paragraph 39(1)(c) of the Public Service Employment Act, as enacted by section 281, applies only in respect of advertised external appointment processes that commence on or after the day on which that section 281 comes into force.