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Public Service Employment Act

Version of section 35 from 2005-12-31 to 2014-10-31:


Marginal note:Mobility — separate agencies

  •  (1) Unless otherwise provided in any other Act, a person employed in a separate agency to which the Commission does not have the exclusive authority to make appointments

    • (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section; and

    • (b) has the right to make a complaint under section 77.

  • Marginal note:Mobility — designated organizations

    (2) A person not otherwise employed in the public service who is employed in any portion of the federal public administration designated under subsection (4)

    • (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all persons employed in the public service to be considered, as long as the person meets the other criteria, if any, established under that section; and

    • (b) has the right to make a complaint under section 77.

  • Marginal note:Mobility — employees of Tribunal

    (3) A person employed by the Tribunal under subsection 95(1) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section.

  • Marginal note:Designation

    (4) The Governor in Council may, on the recommendation of the Commission, designate any portion of the federal public administration for the purposes of subsection (2).

  • Marginal note:Revocation

    (5) The Governor in Council may, on the recommendation of the Commission, revoke any designation under subsection (4).


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