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

Act current to 2019-06-20 and last amended on 2019-04-01. Previous Versions

PART 4Employment (continued)

Marginal note:Termination of employment

  •  (1) While an employee is on probation, the deputy head of the organization may notify the employee that his or her employment will be terminated at the end of

    • (a) the notice period established by regulations of the Treasury Board in respect of the class of employees of which that employee is a member, in the case of an organization named in Schedule I or IV to the Financial Administration Act, or

    • (b) the notice period determined by the separate agency in respect of the class of employees of which that employee is a member, in the case of a separate agency to which the Commission has exclusive authority to make appointments,

    and the employee ceases to be an employee at the end of that notice period.

  • Marginal note:Compensation in lieu of notice

    (2) Instead of notifying an employee under subsection (1), the deputy head may notify the employee that his or her employment will be terminated on the date specified by the deputy head and that they will be paid an amount equal to the salary they would have been paid during the notice period under that subsection.

Marginal note:Resignation

 An employee may resign from the public service by giving the deputy head notice in writing of his or her intention to resign, and the employee ceases to be an employee on the date specified by the deputy head in writing on accepting the resignation, regardless of the date of the acceptance.

Marginal note:Laying off of employees

  •  (1) Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside those portions of the federal public administration named in Schedule I, IV or V to the Financial Administration Act, the deputy head may, in accordance with the regulations of the Commission, lay off the employee, in which case the deputy head shall so advise the employee.

  • Marginal note:Selection of employees

    (2) Where the deputy head determines under subsection (1) that some but not all of the employees in any part of the deputy head’s organization will be laid off, the employees to be laid off shall be selected in accordance with the regulations of the Commission.

  • Marginal note:Exception

    (3) Subsection (1) does not apply where employment is terminated in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act.

  • Marginal note:Effect of lay-off

    (4) An employee ceases to be an employee when the employee is laid off.

Marginal note:Complaint to Board re lay-off

  •  (1) Where some but not all of the employees in a part of an organization are informed by the deputy head that they will be laid off, any employee selected for lay-off may make a complaint to the Board, in the manner and within the time fixed by the Board’s regulations, that his or her selection constituted an abuse of authority.

  • Marginal note:Limitation

    (2) No complaint may be made under subsection (1) against the decision to lay off employees, the determination of the part of the organization from which employees will be laid off or the number of employees to be laid off from that part.

  • Marginal note:Right to be heard

    (3) A complainant, every other employee in the part of the organization referred to in subsection (1), the deputy head and the Commission — or their representatives — are entitled to be heard by the Board.

  • Marginal note:Lay-off set aside

    (4) Where the Board finds a complaint under subsection (1) to be substantiated, it may set aside the decision of the deputy head to lay off the complainant and order the deputy head to take any corrective action that it considers appropriate, other than the lay-off of any employee.

  • Marginal note:Notice to Canadian Human Rights Commission

    (5) Where a complaint raises an issue involving the interpretation or application of the Canadian Human Rights Act, the complainant shall, in accordance with the regulations of the Board, notify the Canadian Human Rights Commission of the issue.

  • Marginal note:Canadian Human Rights Commission

    (6) Where the Canadian Human Rights Commission is notified of an issue pursuant to subsection (5), it may make submissions to the Board with respect to that issue.

  • Marginal note:Application of Canadian Human Rights Act

    (7) In considering whether a complaint is substantiated, the Board may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value.

  • Marginal note:Relief for discrimination

    (8) Corrective action may include an order for relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act.

  • 2003, c. 22, s. 12 "65"
  • 2013, c. 40, s. 414

PART 5Investigations and Complaints Relating to Appointments

Investigation of Appointments by Commission

Marginal note:External appointments

 The Commission may investigate any external appointment process and, if it is satisfied that the appointment was not made or proposed to be made on the basis of merit, or that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may

  • (a) revoke the appointment or not make the appointment, as the case may be; and

  • (b) take any corrective action that it considers appropriate.

Marginal note:Internal appointments — no delegation

  •  (1) The Commission may investigate an internal appointment process, other than one conducted by a deputy head acting under subsection 15(1), and, if it is satisfied that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may

    • (a) revoke the appointment or not make the appointment, as the case may be; and

    • (b) take any corrective action that it considers appropriate.

  • Marginal note:Internal appointments — delegation

    (2) The Commission may, at the request of the deputy head, investigate an internal appointment process that was conducted by a deputy head acting under subsection 15(1), and report its findings to the deputy head and the deputy head may, if satisfied that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment,

    • (a) revoke the appointment or not make the appointment, as the case may be; and

    • (b) take any corrective action that he or she considers appropriate.

Marginal note:Political influence

 If it has reason to believe that an appointment or proposed appointment was not free from political influence, the Commission may investigate the appointment process and, if it is satisfied that the appointment or proposed appointment was not free from political influence, the Commission may

  • (a) revoke the appointment or not make the appointment, as the case may be; and

  • (b) take any corrective action that it considers appropriate.

Marginal note:Fraud

 If it has reason to believe that fraud may have occurred in an appointment process, the Commission may investigate the appointment process and, if it is satisfied that fraud has occurred, the Commission may

  • (a) revoke the appointment or not make the appointment, as the case may be; and

  • (b) take any corrective action that it considers appropriate.

Marginal note:Powers of Commission

  •  (1) 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:Informality

    (2) An investigation shall be conducted by the Commission as informally and expeditiously as possible.

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 70 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 70 in relation to the matter before the person.

 
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