Public Service Employment Act

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  Board

  Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act. (Commission des relations de travail et de l’emploi)

  Commission

  Commission means the Public Service Commission continued by subsection 4(1). (Commission)

  department

  department means

  • (a) an organization named in Schedule I to the Financial Administration Act;

  • (b) any other organization that is designated by the Governor in Council as a department for the purposes of this Act; or

  • (c) any part of any organization that is designated by the Governor in Council as a department for the purposes of this Act. (ministère)

  deployment

  deployment means the transfer of a person from one position to another in accordance with Part 3. (mutation)

  deputy head

  deputy head

  • (a) in relation to an organization named in Schedule I to the Financial Administration Act, its deputy minister;

  • (b) in relation to any organization or part of an organization that is designated as a department under this Act, the person that the Governor in Council designates as the deputy head for the purposes of this Act; and

  • (c) in relation to any organization named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive authority to make appointments, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person designated by the Governor in Council as its deputy head for the purposes of this Act. (administrateur général)

  employee

  employee means a person employed in that part of the public service to which the Commission has exclusive authority to make appointments. (fonctionnaire)

  employer

  employer means

  • (a) the Treasury Board, in relation to an organization named in Schedule I or IV to the Financial Administration Act; or

  • (b) in relation to a separate agency to which the Commission has exclusive authority to make appointments, that separate agency. (employeur)

  equity-seeking group

  equity-seeking group means a group of persons who are disadvantaged on the basis of one or more prohibited grounds of discrimination within the meaning of the Canadian Human Rights Act. (groupe en quête d’équité)

  external appointment process

  external appointment process means a process for making one or more appointments in which persons may be considered whether or not they are employed in the public service. (processus de nomination externe)

  internal appointment process

  internal appointment process means a process for making one or more appointments in which only persons employed in the public service may be considered. (processus de nomination interne)

  minister

  minister, except in section 131, means any minister referred to in section 4.1 of the Salaries Act and any minister of State referred to in the Ministries and Ministers of State Act. (ministre)

  organization

  organization means any portion of the federal public administration named in Schedule I, IV or V to the Financial Administration Act. (administration)

  public service

  public service means the several positions in or under

  • (a) the departments named in Schedule I to the Financial Administration Act;

  • (b) the organizations named in Schedule IV to that Act; and

  • (c) the separate agencies named in Schedule V to that Act. (fonction publique)

  separate agency

  separate agency means an organization named in Schedule V to the Financial Administration Act. (organisme distinct)

  statutory deputy head

  statutory deputy head means any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head. (administrateur général au titre de la loi)

  Tribunal

  Tribunal[Repealed, 2013, c. 40, s. 403]

• Marginal note:References to deputy head

  (2) In this Act, unless the context otherwise requires,

  • (a) a reference to a deputy head in relation to an employee shall be construed as a reference to the deputy head of the department or other organization, as the case may be, in which the employee is employed; and

  • (b) a reference to a deputy head in relation to an appointment shall be construed as a reference to the deputy head of the department or other organization, as the case may be, in which the appointment is made.

• Marginal note:References to occupational groups

  (3) A reference in this Act to an occupational group shall be construed as a reference to a group or subgroup of employees defined by the employer, and a reference to the executive group shall be construed as a reference to an occupational group or subgroup designated by the employer and consisting of management personnel.

• Marginal note:References to abuse of authority

  (4) For greater certainty, a reference in this Act to abuse of authority shall be construed as including bad faith and personal favouritism.

• Marginal note:References to error, omission or improper conduct

  (5) A reference in this Act to an error, an omission or improper conduct shall be construed as including an error, an omission or improper conduct that results from a bias or barrier that disadvantages persons who belong to any equity-seeking group.