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Public Service Employment Act

Version of section 22 from 2015-07-01 to 2019-08-28:


Marginal note:General regulatory power

  •  (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 sections 39.1 and 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;

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

    • (j) prescribing circumstances for the purposes of section 50.2.

  • 2003, c. 22, s. 12 “22”
  • 2006, c. 9, s. 100
  • 2013, c. 18, s. 59
  • 2015, c. 5, s. 2
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