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

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

  (2) Persons whose services are retained under subsection (1) are not employed in the public service for the purposes of the Public Service Superannuation Act.

Mandate and Functions of Commission

Marginal note:Mandate

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.

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.

• Marginal note:Exception

  (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).

Commission Audits

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.

Marginal note:Powers of Commission

18 In conducting an audit, the Commission has all the powers of a commissioner under Part I of the Inquiries Act.

Marginal note:Persons acting for Commission

• 19 (1) The Commission may direct that any audit under section 17 be conducted, in whole or in part, by a Commissioner or any other person.

• 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).

Marginal note:Regulations of Governor in Council

21 The Governor in Council may, on the recommendation of the Commission, make regulations prescribing how any position or person, or class of positions or persons, excluded under section 20 from the application of this Act or any of its provisions is to be dealt with.

Regulations of Commission

Marginal note:General regulatory power

• 22 (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.

Reports — Commission

Marginal note:Preparation of report

• 23 (1) The Commission shall, as soon as possible after the end of each fiscal year, prepare and transmit to the minister designated by the Governor in Council for the purposes of this section a report for that fiscal year in respect of matters under its jurisdiction.

• Marginal note:Tabling in Parliament

  (2) The minister to whom the report is transmitted shall cause the report to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the minister receives it.

• Marginal note:Special reports

  (3) The Commission may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers and functions of the Commission where, in the opinion of the Commission, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for transmission of the next annual report of the Commission.

Deputy Heads

Marginal note:Delegation by deputy head

• 24 (1) Subject to subsection (2), a deputy head may authorize any person to exercise or perform any of the powers and functions conferred on the deputy head by this Act.

• Marginal note:Subdelegation by deputy head

  (2) Where the Commission has authorized a deputy head under subsection 15(1) to exercise or perform any of the Commission’s powers and functions, the deputy head may — subject to the Commission’s approval and any terms and conditions specified under that subsection — authorize another person to exercise or perform any of those powers or functions, other than the power to revoke appointments.

Marginal note:Acting deputy head

25 In the absence of the deputy head of a department or other organization, the powers and functions of the deputy head may be exercised by the person designated by the deputy head to act in his or her absence or, if no person has been so designated or there is no deputy head,

• (a) the person designated by the person who, under the Financial Administration Act, is the appropriate Minister with respect to that department or other organization; or

• (b) any other person designated by the Governor in Council.

Regulations and Policies of Employer

Marginal note:Regulations of Treasury Board

• 26 (1) The Treasury Board may, in respect of organizations named in Schedule I or IV to the Financial Administration Act, make regulations

  • (a) respecting deployments;

  • (b) defining the word promotion for the purposes of subsection 51(5);

  • (c) establishing periods of probation for the purposes of subsection 61(1) and notice periods for the purposes of subsection 62(1); and

  • (d) in respect of any occupational group or part of one, extending or changing to levels the provisions of this Act that apply to positions.

• Marginal note:Policies of separate agencies

  (2) A separate agency to which the Commission has exclusive authority to make appointments may make policies for the purposes referred to in subsection (1) in respect of the separate agency.