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

Act current to 2019-12-03 and last amended on 2019-07-11. Previous Versions

PART 5Investigations and Complaints Relating to Appointments (continued)

Complaints to Board — Internal Appointments (continued)

Marginal note:Powers of Board

 Where the Board finds a complaint under section 83 to be substantiated, it may

  • (a) order the Commission or the deputy head to revoke the appointment made as a result of the implementation of the corrective action, or not to make the appointment, as the case may be; and

  • (b) give the Commission or the deputy head any directions that it considers appropriate with respect to the implementation of the corrective action.

  • 2003, c. 22, s. 12 "84"
  • 2013, c. 40, s. 414

Marginal note:Right to be heard

 In the consideration of a complaint made under section 83, the persons entitled to be heard by the Board are the persons entitled to make a complaint under that section in respect of the corrective action, the person appointed or proposed for appointment as a result of the corrective action, the deputy head and the Commission, or their representatives.

  • 2003, c. 22, s. 12 "85"
  • 2013, c. 40, s. 414

Marginal note:Appointment to other position

 Where the appointment of a person is revoked pursuant to subsection 81(1), 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:No right to complain

 No complaint may be made under section 77 in respect of an appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 39.1 (priority — members of the Canadian Forces) or 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Board order) or under any regulations made under paragraph 22(2)(a).

  • 2003, c. 22, s. 12 “87”
  • 2006, c. 9, s. 105
  • 2013, c. 40, s. 414
  • 2015, c. 5, ss. 10, 14

PART 6Federal Public Sector Labour Relations and Employment Board

Powers, Duties and Functions

Marginal note:Complaints

 The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77 and 83.

  • 2003, c. 22, s. 12 "88"
  • 2013, c. 40, s. 405

Marginal note:Powers

 Subject to any limitations that the Governor in Council may establish in the interests of defence or security, the Board has, in relation to a complaint, the power to enter any premises of an employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliances or articles in the premises and require any person in the premises to answer all questions relating to the complaint.

  • 2003, c. 22, s. 12 "89"
  • 2013, c. 40, s. 405

 [Repealed, 2013, c. 40, s. 405]

 [Repealed, 2013, c. 40, s. 405]

 [Repealed, 2013, c. 40, s. 405]

 [Repealed, 2013, c. 40, s. 405]

 [Repealed, 2013, c. 40, s. 405]

 [Repealed, 2013, c. 40, s. 405]

 [Repealed, 2013, c. 40, s. 405]

Mediation Services

Marginal note:Mediation services

  •  (1) The Board may provide mediation services at any stage of a proceeding in order to resolve a complaint.

  • Marginal note:Member as mediator

    (2) The provision of mediation services by a member at any stage of hearing a complaint does not prevent that member from continuing to hear the complaint with respect to any issues that have not been resolved, unless the Commission or any person entitled to be heard objects to that member continuing.

  • 2003, c. 22, s. 12 "97"
  • 2013, c. 40, s. 414

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

 [Repealed, 2013, c. 40, s. 407]

Complaint Procedure

Marginal note:Filing of order in Federal Court

  •  (1) The Board must, on the request in writing of the Commission or any person to whom an order of the Board applies, file a certified copy of the order in the Federal Court unless, in the Board’s opinion

    • (a) there is no indication, or likelihood, of failure to comply with the order; or

    • (b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.

  • Marginal note:Non-application

    (2) Section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1).

  • Marginal note:Effect of filing

    (3) An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.

  • 2003, c. 22, s. 12 “103”
  • 2013, c. 40, s. 407
  • 2017, c. 9, s. 56

Marginal note:Copy of decision provided

 The Board shall render a decision on a complaint made under subsection 65(1) or section 74, 77 or 83 and provide a copy of it  —  including any written reasons  —  and any accompanying order to the Commission and to each person who exercised the right to be heard on the complaint.

  • 2013, c. 40, s. 407

General

Marginal note:Certain persons not compellable as witnesses

 Persons providing mediation services under this Part are not competent or compellable to appear as witnesses in any civil action, suit or other proceeding respecting information obtained in the discharge of their functions under this Part.

  • 2003, c. 22, s. 12 "104"
  • 2013, c. 40, s. 407

Marginal note:Notes and drafts not to be disclosed

 None of the following may be disclosed without the consent of the person who made them:

  • (a) [Repealed, 2013, c. 40, s. 408]

  • (b) notes of any person providing mediation services under this Part.

  • 2003, c. 22, s. 12 "105"
  • 2013, c. 40, s. 408

 [Repealed, 2013, c. 40, s. 409]

 [Repealed, 2013, c. 40, s. 409]

 [Repealed, 2013, c. 40, s. 409]

Regulations

Marginal note:Regulations of Board

 The Board may make regulations respecting

  • (a) the manner in which and the time within which a complaint may be made under subsection 65(1) or section 74, 77 or 83;

  • (b) and (c) [Repealed, 2013, c. 40, s. 411]

  • (d) the manner of giving notice of an issue to the Canadian Human Rights Commission under subsection 65(5) or section 78;

  • (d.1) the manner of giving notice of an issue to the Accessibility Commissioner under subsection 65(9) or section 78.1; and

  • (e) the disclosure of information obtained in the course of an appointment process or a complaint proceeding under this Act.

  • 2003, c. 22, s. 12 "109"
  • 2013, c. 40, ss. 411, 414
  • 2019, c. 10, s. 199

 [Repealed, 2013, c. 40, s. 412]

PART 7Political Activities

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    election

    election means a federal, provincial, territorial or municipal election. (élection)

    federal election

    federal election means an election to the House of Commons. (élection fédérale)

    municipal election

    municipal election means an election as the mayor or a member of the council of a municipality. (élection municipale)

    municipality

    municipality means

    • (a) an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or other municipality, however designated; or

    • (b) any other local or regional authority that is determined by the Governor in Council to be a municipality for the purposes of this Part. (municipalité)

    political activity

    political activity means

    • (a) carrying on any activity in support of, within or in opposition to a political party;

    • (b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or

    • (c) seeking nomination as or being a candidate in an election before or during the election period. (activité politique)

    provincial election

    provincial election means an election to the legislature of a province. (élection provinciale)

    territorial election

    territorial election means an election to the Legislative Assembly of Yukon, the Northwest Territories or Nunavut. (élection territoriale)

  • Marginal note:Meaning of deputy head

    (2) For the purposes of this Part, deputy head includes a Commissioner appointed under subsection 4(5).

  • 2003, c. 22, ss. 12 “111”, 272
  • 2013, c. 40, s. 413
  • 2014, c. 2, s. 55, c. 20, s. 474
 
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