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

Act current to 2024-04-01 and last amended on 2023-07-01. Previous Versions

Marginal note:Appointment on basis of merit

  •  (1) Appointments by the Commission to or from within the public service shall be made on the basis of merit and must be free from political influence.

  • Marginal note:Meaning of merit

    (2) An appointment is made on the basis of merit when

    • (a) the Commission is satisfied that the person to be appointed meets the essential qualifications for the work to be performed, as established by the deputy head, including official language proficiency; and

    • (b) the Commission has regard to

      • (i) any additional qualifications that the deputy head may consider to be an asset for the work to be performed, or for the organization, currently or in the future,

      • (ii) any current or future operational requirements of the organization that may be identified by the deputy head, and

      • (iii) any current or future needs of the organization that may be identified by the deputy head.

  • Marginal note:Needs of public service

    (3) The current and future needs of the organization referred to in subparagraph (2)(b)(iii) may include current and future needs of the public service, as identified by the employer, that the deputy head determines to be relevant to the organization.

  • Marginal note:Interpretation

    (4) The Commission is not required to consider more than one person in order for an appointment to be made on the basis of merit.


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