GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Employment Act — P-33.01 (a)
member of the Women’s Royal Naval Services means a person who (a) enrolled in the Women’s Royal Naval Service, (b) enrolled in Queen Alexandra’s Royal Naval Nursing Service or the reserve therefor, or (c) enrolled as a medical or dental practitioner employed with the Medical Branch or Dental Branch of the Royal Navy with naval status for general service; ( personnel du Corps féminin de la Marine royale )
Public Service Employment Act — P-33.01 (a)
person in receipt of a pension by reason of war service means a person who (a) is in receipt of a pension (i) by reason of service in World War I, or (ii) by reason of service only in World War II, and who at the commencement of such service was domiciled in Canada or Newfoundland, (b) has, from causes attributable to that service lost capacity for physical exertion to an extent that makes the person unfit to pursue efficiently the vocation that the person was pursuing before the war, and (c) has not been successfully re-established in any other vocation; ( pensionné de guerre )
Public Service Employment Act — P-33.01
survivor of a veteran means the surviving spouse or surviving common-law partner of a person who, being a veteran referred to in any of paragraphs (a) to (e) of the definition veteran , died from causes arising during the service by virtue of which the person became a veteran; ( survivant d’un ancien combattant )
Public Service Employment Act — P-33.01 (a)
veteran means, subject to subsection 2(1) of this Schedule, a person who (a) during World War I was on active service overseas in the naval, army or air forces or who served on the high seas in a seagoing ship of war in the naval forces of His Majesty or of any of the Allies of His Majesty, and who has left that service with an honourable record or has been honourably discharged, (b) during World War II was on active service (i) in the naval, army or air forces of His Majesty or of any of His Majesty’s Allies and at the commencement of that active service was domiciled in Canada or Newfoundland, or (ii) in the naval, army or air forces of Canada, and, not being domiciled in Canada at the commencement of that active service, is a Canadian citizen, and who, in the course of that service, performed duties outside of the Western Hemisphere, or on the high seas in a ship or other vessel service that was, at the time the person performed those duties, classed as “sea time” for the purpose of the advancement of naval ratings, or that would have been so classed had the ship or other vessel been in the service of the naval forces of Canada, (c) during World War II served as a member of the Women’s Royal Naval Services or as a member of the South African Military Nursing Service outside of the Western Hemisphere and who, at the commencement of her service during World War II, was domiciled in Canada or Newfoundland, (d) has been certified by the Deputy Minister of Foreign Affairs as having been enrolled in Canada or Newfoundland by United Kingdom authorities for special duty during World War II in war areas outside of the Western Hemisphere, and who served outside of the Western Hemisphere, and at the time of enrolment was domiciled in Canada or Newfoundland, (e) during World War II served outside of the Western Hemisphere with the naval, army or air forces of His Majesty raised in Canada or Newfoundland as a representative of Canadian Legion War Services, Inc., the National Council of the Young Men’s Christian Associations of Canada, Knights of Columbus Canadian Army Huts, or Salvation Army Canadian War Services, was authorized so to serve by the appropriate naval, army or air force authority and who, at the commencement of that service with those forces during World War II, was domiciled in Canada or Newfoundland, or (f) has served at least three years in the Canadian Forces, has been honourably released within the meaning of regulations made under the National Defence Act and is not employed in the public service for an indeterminate period; ( ancien combattant )
Public Service Employment Act — P-33.01
Western Hemisphere means the continents of North and South America, the islands adjacent thereto and the territorial waters thereof, including Newfoundland, Bermuda and the West Indies, but excluding Greenland, Iceland and the Aleutian Islands; ( hémisphère occidental )
Public Service Employment Act — P-33.01
World War I means the war declared by His Majesty on August 4, 1914 against the Empire of Germany and subsequently against other powers; ( Première Guerre mondiale )
Public Service Employment Act — P-33.01
World War II means the war declared by His Majesty on the September 10, 1939 against the German Reich and subsequently against Italy, Finland, Hungary, Rumania and Japan. ( Seconde Guerre mondiale )
Public Service Employment Act — P-33.01 2
2 (1) The definition veteran in section 1 of this Schedule does not include a person who (a) served outside of the Western Hemisphere or on the high seas only in that the person was a passenger in an aircraft, ship or other vessel, or only in that the person underwent a limited period of training in an aircraft, ship or other vessel incidental to a program of instruction, or (b) by reason of the misconduct of the person, since September 10, 1939, ceased to serve in the naval, army or air forces of His Majesty or of any of His Majesty’s Allies, to be a member of the Women’s Royal Naval Services or the South African Military Nursing Service, to be enrolled for the special duty mentioned in the definition veteran in section 1 of this Schedule or to serve with the forces as a representative of Canadian Legion War Services Inc., the National Council of the Young Men’s Christian Associations of Canada, Knights of Columbus Canadian Army Huts or Salvation Army Canadian War Services. (2) For the purpose of determining whether a person is a veteran, World War II is deemed to have terminated (a) in respect of service in connection with operations in the European and Mediterranean Theatres of War, on May 8, 1945; and (b) in respect of service in connection with operations in the Pacific Theatre of War, on August 15, 1945.
Public Service Employment Act — P-33.01 68
Definitions 68 The following definitions apply in this Division. amended Act means the former Act as amended by Division 2 of Part 3 of this Act. ( loi modifiée ) former Act means the Public Service Employment Act , being chapter P-33 of the Revised Statutes of Canada, 1985. ( ancienne loi ) former Commission means the Public Service Commission established by subsection 3(1) of the former Act. ( ancienne Commission ) new Act means the Public Service Employment Act , enacted by sections 12 and 13 of this Act. ( nouvelle loi ) new Commission means the Public Service Commission established by subsection 3(1) of the amended Act. ( nouvelle Commission )
Public Service Employment Act — P-33.01
amended Act means the former Act as amended by Division 2 of Part 3 of this Act. ( loi modifiée )
Public Service Employment Act — P-33.01
former Act means the Public Service Employment Act , being chapter P-33 of the Revised Statutes of Canada, 1985. ( ancienne loi )
Public Service Employment Act — P-33.01
former Commission means the Public Service Commission established by subsection 3(1) of the former Act. ( ancienne Commission )
Public Service Employment Act — P-33.01
new Act means the Public Service Employment Act , enacted by sections 12 and 13 of this Act. ( nouvelle loi )
Public Service Employment Act — P-33.01
new Commission means the Public Service Commission established by subsection 3(1) of the amended Act. ( nouvelle Commission )
Public Service Employment Act — P-33.01 69
Priorities 69 Every person who has a priority for appointment under the amended Act on the coming into force of subsection 29(1) of the new Act continues to have priority for appointment under the new Act for the period, and in the order, provided for by or under the amended Act.
Public Service Employment Act — P-33.01 70
Pending competitions and appointments 70 The coming into force of subsection 29(1) of the new Act does not affect any competition or other selection process being conducted under the amended Act.
Public Service Employment Act — P-33.01 71
Eligibility lists 71 An eligibility list made under the amended Act that is valid on the coming into force of subsection 29(1) of the new Act continues to be valid for the period provided for under subsection 17(2) of the amended Act, to a maximum of six months after the coming into force of subsection 29(1) of the new Act.
Public Service Employment Act — P-33.01 72
Pending appeals 72 An appeal taken within the period provided for under section 21 of the amended Act and not finally disposed of on the coming into force of subsection 77(1) of the new Act must be dealt with and disposed of in accordance with the amended Act.
Public Service Employment Act — P-33.01 73
Pending deployment recourse 73 A complaint made within the time and manner provided for under section 34.3 of the amended Act and not finally disposed of on the coming into force of subparagraph 209(1)(c)(ii) of the Public Service Labour Relations Act , as enacted by section 2 of this Act, must be dealt with and disposed of in accordance with the amended Act.
Public Service Employment Act — P-33.01 74
Audits 74 (1) Any audit commenced under section 7.1 of the amended Act that has not been completed on the coming into force of section 17 of the new Act must be dealt with and disposed of in accordance with the amended Act. Investigations (2) Any investigation commenced under section 7.1 of the amended Act that has not been completed on the coming into force of section 66 of the new Act must be dealt with and disposed of in accordance with the amended Act.
Public Service Employment Act — P-33.01 75
Notice of lay-off 75 If, prior to the coming into force of section 64 of the new Act, an employee was informed under regulations made under subsection 29(1) of the amended Act that he or she would be laid off but was not laid off, section 29 of the amended Act continues to apply to the employee.
Public Service Employment Act — P-33.01 76
Employees on probation 76 (1) Every employee who was considered to be on probation under section 28 of the amended Act immediately prior to the coming into force of section 61 of the new Act continues to be on probation until the end of any period that was established by regulation under section 28 of the amended Act. Rejection (2) After the coming into force of section 62 of the new Act, subsection 28(2) of the amended Act continues to apply in respect of any employee who was considered to be on probation under section 28 of the former Act immediately before the coming into force of section 62 of the new Act.
Public Service Employment Act — P-33.01 77
Cessation of office 77 The President and members of the former Commission cease to hold office on the day on which subsection 3(1) of the amended Act comes into force.
Public Service Employment Act — P-33.01 78
Policies, delegation instruments, etc. 78 The regulations, policies, directives, instruments of delegation and other instruments issued by the former Commission before the day on which subsection 3(1) of the amended Act comes into force are deemed to be those of the new Commission on that day.
Public Service Employment Act — P-33.01 79
Status of Commission employees 79 Subject to subsections 87(2) and (3) of this Act, nothing in the amended Act affects the status of any person who was an employee of the former Commission immediately before the day on which subsection 3(1) of the amended Act comes into force, except that, as of that day, the person is an employee of the new Commission.
Public Service Employment Act — P-33.01 80
Rights and obligations transferred 80 All rights and property held by or in the name of or in trust for the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission.
Public Service Employment Act — P-33.01 81
References 81 Every reference to the former Commission in a deed, contract or other document executed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context otherwise requires.
Public Service Employment Act — P-33.01 82
Transfer of appropriations 82 Any amount appropriated, for the fiscal year that includes the day on which subsection 3(1) of the amended Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Commission and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Commission.
Public Service Employment Act — P-33.01 83
Continuation of legal proceedings 83 Any action, suit or other proceeding, to which the former Commission is a party, that is pending in any court on the day on which subsection 3(1) of the amended Act comes into force may be continued by or against the new Commission in the like manner and to the same extent as it could have been continued by or against the former Commission.
Public Service Employment Act — P-33.01 16
Definitions 16 The following definitions apply in sections 17 to 19 and 21 to 28. former agency means the portion of the federal public administration known as the Canada Border Services Agency. ( ancienne agence ) new agency means the Canada Border Services Agency established under subsection 3 (1). ( nouvelle agence ) order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. ( décret C.P. 2003-2064 )
Public Service Employment Act — P-33.01
former agency means the portion of the federal public administration known as the Canada Border Services Agency. ( ancienne agence )
Public Service Employment Act — P-33.01
new agency means the Canada Border Services Agency established under subsection 3 (1). ( nouvelle agence )
Public Service Employment Act — P-33.01
order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. ( décret C.P. 2003-2064 )
Public Service Employment Act — P-33.01 19
References 19 (1) A reference to the former agency in any of the following is deemed to be a reference to the new agency: (h) any order of the Governor in Council made under the definition department in subsection 2(1) of the Public Service Employment Act .
Public Service Employment Act — P-33.01 19
Deputy head 19 (2) The designation of a person as deputy head of the former agency in any of the following is deemed to be a designation of the President of the new agency as deputy head of that agency: (b) any order of the Governor in Council made under the definition deputy head in subsection 2(1) of the Public Service Employment Act .
Public Service Employment Act — P-33.01 16
Definitions 16 The following definitions apply in sections 17 to 19. former agency means the portion of the federal public administration known as the Public Health Agency of Canada. ( ancienne agence ) new agency means the Public Health Agency of Canada established under section 3. ( nouvelle agence )
Public Service Employment Act — P-33.01
former agency means the portion of the federal public administration known as the Public Health Agency of Canada. ( ancienne agence )
Public Service Employment Act — P-33.01
new agency means the Public Health Agency of Canada established under section 3. ( nouvelle agence )
Public Service Employment Act — P-33.01 19
References 19 (1) A reference to the former agency in any of the following schedules and orders is deemed to be a reference to the new agency: (g) any order of the Governor in Council made pursuant to the definition department in subsection 2(1) of the Public Service Employment Act . Deputy head (2) The designation of a person as deputy head of the former agency in any order of the Governor in Council made pursuant to paragraph 29(e) of the Canadian Security Intelligence Service Act or to the definition deputy head in subsection 2(1) of the Public Service Employment Act is deemed to be a designation of the Chief Public Health Officer as deputy head of the new agency.
Public Service Employment Act — P-33.01 107
Employees of ministers’ offices 107 A person referred to in subsection 41(2) or (3) of the Public Service Employment Act , as it read on the coming into force of subsection 103 (1) of this Act, shall continue to be given priority for appointment in accordance with subsection 41(2) or (3), as the case may be, for a period of one year following the day on which the person ceased to be employed if that day is prior to the coming into force of this section.
Public Service Employment Act — P-33.01 743
Employees of Agency 743 Any employee of the Agency who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act is, for the purpose of any workforce adjustment measure taken with respect to them, transferred to the Department of Health on the day on which section 722 comes into force.
Public Service Employment Act — P-33.01 285
Order 285 (1) Before section 275 comes into force, the Governor in Council may, by order made on the recommendation of the Treasury Board, declare that any person appointed under section 38 of the Hazardous Materials Information Review Act or any class of those persons shall, on the coming into force of the order, occupy their positions in the Department of Health. Transfer (2) Any person appointed under section 38 of the Hazardous Materials Information Review Act who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act and who is not the subject of an order made under subsection (1) is, for the purpose of any workforce adjustment measure taken with respect to the person, transferred to the Department of Health on the day on which section 275 comes into force.
Public Service Employment Act — P-33.01 86
Publication of date 86 (1) The Treasury Board may publish in the Canada Gazette a date on which every member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act , as that definition reads on that date, who does not form part of any category determined under section 20.1 of that Act is deemed, as of that date, to be a person appointed under the Public Service Employment Act . Effect of publication (2) Every person who is a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act , who does not form part of any category determined under section 20.1 of that Act ceases to be a member, as defined in that subsection 2(1), on the date published in the Canada Gazette under subsection (1). Person not on probation (3) Section 61 of the Public Service Employment Act does not apply to a person to whom subsection (2) applies if the person was not on probation under the Royal Canadian Mounted Police Act immediately before the date published in the Canada Gazette under subsection (1). Person on probation (4) Section 61 of the Public Service Employment Act applies to a person to whom subsection (2) applies if the person was on probation under the Royal Canadian Mounted Police Act immediately before the date published in the Canada Gazette under subsection (1), except that time the person is on probation under that section 61 is the time the person would be on probation under that section less any amount of time the person was on probation under the Royal Canadian Mounted Police Act immediately before that date.
Public Service Employment Act — P-33.01 415
Definitions 415 The following definitions apply in sections 416 to 424 . Board means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act . ( Commission ) Tribunal means the Public Service Staffing Tribunal that is continued by subsection 88(1) of the Public Service Employment Act , as that Act read immediately before the day on which subsection 366 (1) of this Act comes into force. ( Tribunal )
Public Service Employment Act — P-33.01
Board means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act . ( Commission )
Public Service Employment Act — P-33.01
Tribunal means the Public Service Staffing Tribunal that is continued by subsection 88(1) of the Public Service Employment Act , as that Act read immediately before the day on which subsection 366 (1) of this Act comes into force. ( Tribunal )
Public Service Employment Act — P-33.01 416
Appointments terminated 416 (1) Members of the Tribunal cease to hold office on the day on which subsection 366 (1) of this Act comes into force. No compensation (2) Despite the provisions of any contract, agreement or order, no person who was appointed to hold office as a part-time member of the Tribunal has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Public Service Employment Act — P-33.01 417
Continuation of proceedings 417 Subject to subsection 418 (1), every proceeding commenced with respect to a complaint made under subsection 65(1) or sections 74, 77 or 83 of the Public Service Employment Act before the day on which subsection 366 (1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.
Public Service Employment Act — P-33.01 418
Continuation — member of Tribunal 418 (1) A member of the Tribunal may, at the request of the Chairperson of the Board, continue to consider and dispose of any complaint that was before the member before the day on which subsection 366 (1) of this Act comes into force. Powers (2) For the purposes of subsection (1), a member of the Tribunal exercises the same powers, and performs the same duties and functions, as a panel of the Board. Refusal to complete duties (3) If a member of the Tribunal refuses to continue to consider or dispose of a complaint referred to in subsection (1), the Chairperson of the Board may assign it to a panel of the Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act , on any terms and conditions that the Chairperson of the Board may specify for the protection and preservation of the rights and interests of the parties. Supervision by Chairperson of Board (4) The Chairperson of the Board has supervision over and direction of the work of any member of the Tribunal who continues to consider and dispose of a complaint referred to in subsection (1). Remuneration and expenses (5) A member of the Tribunal who continues to consider and dispose of a complaint referred to in subsection (1) (a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and (b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from their ordinary place of residence. Limitation (6) The Chairperson of the Board may withdraw from a member of the Tribunal a complaint referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366 (1) of this Act comes into force and assign it to a panel of the Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act , on any terms and conditions that the Chairperson of the Board may specify for the protection and preservation of the rights and interests of the parties.
Public Service Employment Act — P-33.01 419
Persons employed by Tribunal 419 Nothing in this Division affects the status of any person who, immediately before the day on which subsection 366 (1) of this Act comes into force, is employed by the Tribunal, except that, as of that day, the person is employed by the Board.