GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Employment Act — P-33.01 27
Consultation by employer 27 An employer shall, on request or if it considers consultation necessary or desirable, (a) consult with the Commission, or any employee organization certified as a bargaining agent under the Federal Public Sector Labour Relations Act , with respect to regulations made under paragraph 26(1)(b) or (d) or corresponding policies made under subsection 26(2), as the case may be; and (b) consult with any employee organization so certified with respect to regulations made under paragraph 26(1)(a) or (c) or corresponding policies made under subsection 26(2), as the case may be, or with respect to any standards established under subsection 31(1). 2003, c. 22, s. 12 “27”; 2017, c. 9, s. 55
Public Service Employment Act — P-33.01 29
Commission’s exclusive authority 29 (1) Except as provided in this Act, the Commission has the exclusive authority to make appointments, to or from within the public service, of persons for whose appointment there is no authority in or under any other Act of Parliament. Request of deputy head (2) The Commission’s authority under subsection (1) may only be exercised at the request of the deputy head of the organization to which the appointment is to be made. Commission policies (3) The Commission may establish policies respecting the manner of making and revoking appointments and taking corrective action.
Public Service Employment Act — P-33.01 30
Appointment on basis of merit 30 (1) Appointments by the Commission to or from within the public service shall be made on the basis of merit and must be free from political influence. Meaning of merit (2) An appointment is made on the basis of merit when (a) the Commission is satisfied that the person to be appointed meets the essential qualifications for the work to be performed, as established by the deputy head, including official language proficiency; and (b) the Commission has regard to (i) any additional qualifications that the deputy head may consider to be an asset for the work to be performed, or for the organization, currently or in the future, (ii) any current or future operational requirements of the organization that may be identified by the deputy head, and (iii) any current or future needs of the organization that may be identified by the deputy head. Needs of public service (3) The current and future needs of the organization referred to in subparagraph (2)(b)(iii) may include current and future needs of the public service, as identified by the employer, that the deputy head determines to be relevant to the organization. Interpretation (4) The Commission is not required to consider more than one person in order for an appointment to be made on the basis of merit.
Public Service Employment Act — P-33.01 31
Qualification standards 31 (1) The employer may establish qualification standards, in relation to education, knowledge, experience, occupational certification, language or other qualifications, that the employer considers necessary or desirable having regard to the nature of the work to be performed and the present and future needs of the public service. Qualifications (2) The qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i) must meet or exceed any applicable qualification standards established by the employer under subsection (1). Identification of biases and barriers (3) When establishing or reviewing qualification standards, the employer shall conduct an evaluation to identify whether they include or create biases or barriers that disadvantage persons belonging to any equity-seeking group. If a bias or barrier is identified in the course of the evaluation, the employer shall make reasonable efforts to remove it or to mitigate its impact on those persons. 2003, c. 22, s. 12 “31” 2021, c. 23, s. 279
Public Service Employment Act — P-33.01 32
Professional development programs 32 In respect of appointments made within the framework of any professional development or apprenticeship program that is offered across departments and other organizations, the qualifications, requirements and needs referred to in subsection 30(2) are established or identified by the Treasury Board with respect to organizations for which the Treasury Board is the employer.
Public Service Employment Act — P-33.01 33
Appointment processes 33 In making an appointment, the Commission may use an advertised or non-advertised appointment process.
Public Service Employment Act — P-33.01 34
Area of selection 34 (1) For purposes of eligibility in any appointment process, other than an incumbent-based process, the Commission may determine an area of selection by establishing geographic, organizational or occupational criteria or by establishing, as a criterion, belonging to any of the designated groups within the meaning of section 3 of the Employment Equity Act . Designated groups (2) The Commission may establish different geographic, organizational or occupational criteria for designated groups within the meaning of section 3 of the Employment Equity Act than for other persons.
Public Service Employment Act — P-33.01 35
Mobility  — separate agencies 35 (1) Unless otherwise provided in this or 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. 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. (3) [Repealed, 2013, c. 40, s. 404] 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). Revocation (5) The Governor in Council may, on the recommendation of the Commission, revoke any designation under subsection (4). 2003, c. 22, s. 12 "35"; 2013, c. 40, s. 404
Public Service Employment Act — P-33.01 35.1
Mobility — member of Canadian Forces 35.1 (1) A member of the Canadian Forces who has accumulated at least three years of service and is not employed in the public service for an indeterminate period (a) may participate in an advertised internal appointment process; and (b) has the right to make a complaint under section 77. Exception (1.1) For the purpose of paragraph (1)(a), if a criterion in relation to belonging to any of the designated groups, as defined in section 3 of the Employment Equity Act , is established under section 34, the member shall meet that criterion. Deemed employment in public service (2) A member who participates in a process referred to in subsection (1) is, for the purpose of the process, deemed to be a person employed in the public service. Definition of member (3) In this section, member means a person who is enrolled in the Canadian Forces. 2005, c. 21, s. 115; 2015, c. 5, s. 3
Public Service Employment Act — P-33.01 35.11
Mobility — former member of Canadian Forces 35.11 (1) A person who is not enrolled in the Canadian Forces, 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 (a) may, during a period of five years after their date of release, participate in an advertised internal appointment process; and (b) has the right to make a complaint under section 77. Deemed employment in public service (2) A person who participates in a process referred to in subsection (1) is, for the purpose of the process, deemed to be a person employed in the public service. Exception (3) For the purpose of paragraph (1)(a), if a criterion in relation to belonging to any of the designated groups, as defined in section 3 of the Employment Equity Act , is established under section 34, the person shall meet that criterion. 2015, c. 5, s. 4
Public Service Employment Act — P-33.01 35.2
Mobility — ministers’ staffs 35.2 A person who has been employed for at least three years in the office of a minister or of a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, or in any of those offices successively, (a) may, during a period of one year after they cease to be so employed, participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as they meet the other criteria, if any, established under that section; and (b) has the right to make a complaint under section 77. 2006, c. 9, s. 101
Public Service Employment Act — P-33.01 35.3
Parliamentary employees 35.3 A person employed in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer (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. 2006, c. 9, s. 101; 2015, c. 36, s. 151; 2017, c. 20, s. 186
Public Service Employment Act — P-33.01 36
Assessment methods 36 (1) In making an appointment, the Commission may, subject to subsection (2), use any assessment method, such as a review of past performance and accomplishments, interviews and examinations, that it considers appropriate to determine whether a person meets the qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i). Identification of biases and barriers (2) Before using an assessment method, the Commission shall conduct an evaluation to identify whether the assessment method and the manner in which it will be applied includes or creates biases or barriers that disadvantage persons belonging to any equity-seeking group and, if one is identified, make reasonable efforts to remove it or to mitigate its impact on those persons. 2003, c. 22, s. 12 “36” 2021, c. 23, s. 280
Public Service Employment Act — P-33.01 37
Language of examination 37 (1) An examination or interview, when conducted for the purpose of assessing qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i), other than language proficiency, shall be conducted in English or French or both at the option of the candidate. Testing for language skills (2) An examination or interview, when conducted for the purpose of assessing the qualifications of the candidate in the knowledge and use of English or French or both, or of a third language, shall be conducted in that language or those languages.
Public Service Employment Act — P-33.01 38
Exceptions to merit 38 Paragraph 30(2)(b) does not apply in relation to any 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 “38”; 2006, c. 9, s. 102; 2013, c. 40, s. 414; 2015, c. 5, ss. 5, 14
Public Service Employment Act — P-33.01 39
Preference to veterans and Canadian citizens 39 (1) In an advertised external appointment process, subject to any priorities established under paragraph 22(2)(a) and by sections 39.1, 40 and 41, any of the following who, in the Commission’s opinion, meet the essential qualifications referred to in paragraph 30(2)(a) shall be appointed ahead of other candidates, in the following order: (a) a person who is in receipt of a pension by reason of war service, within the meaning of the schedule; (b) a veteran or a survivor of a veteran, within the meaning of the schedule; and (c) a Canadian citizen, within the meaning of the Citizenship Act , and a permanent resident , within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , in any case where a person who is not a Canadian citizen or permanent resident is also a candidate. Application of merit (2) Where the Commission is satisfied that two or more candidates described in any of paragraphs (1)(a) to (c) meet the essential qualifications referred to in paragraph 30(2)(a), paragraph 30(2)(b) applies in the selection of a person from among the candidates described in that paragraph. Limit of five years (3) With respect to a veteran referred to in paragraph (f) of the definition veteran within the meaning of the schedule, the order of appointment set out in subsection (1) is valid for a period of five years after the veteran’s date of release. 2003, c. 22, s. 12 "39"; 2015, c. 5, s. 6 2021, c. 23, s. 281
Public Service Employment Act — P-33.01 39.1
Priority — member of Canadian Forces 39.1 (1) Despite sections 40 and 41, priority for appointment over all other persons is to be given, during the period determined by the Commission, to a person who was released from the Canadian Forces for medical reasons that the Minister of Veterans Affairs determines are attributable to service, who belongs to a class determined by the Commission and who meets the requirements established by the Commission. Essential qualifications (2) A person referred to in subsection (1) has a priority for appointment with respect to any position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a). 2015, c. 5, s. 7
Public Service Employment Act — P-33.01 40
Priority — surplus employees 40 Notwithstanding section 41, after a deputy head informs an employee that the employee will be laid off pursuant to subsection 64(1) and before the lay-off becomes effective, the Commission may appoint the employee in priority to all other persons to another position under the deputy head’s jurisdiction if the Commission is satisfied that the employee meets the essential qualifications referred to in paragraph 30(2)(a) and that it is in the best interests of the public service to make the appointment.
Public Service Employment Act — P-33.01 41
Priority — persons on leave 41 (1) When an employee on leave of absence is replaced, pursuant to the appointment or deployment of another person for an indeterminate period to the employee’s position, priority for appointment shall be given over all other persons to (a) the employee on leave of absence, for the duration of the leave of absence and a further period of one year; or (b) if the employee on leave of absence returns to his or her position, the person who replaced that employee, for a period of one year after that employee returns to the position. (2) and (3) [Repealed, 2006, c. 9, s. 103] Priority — persons laid off (4) Priority for appointment over all other persons shall be given, during the period determined by the Commission, to a person who is laid off pursuant to subsection 64(1). Essential qualifications (5) The priority of a person referred to in subsection (1) or (4) applies with respect to any position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a). Order of priorities (6) Persons described in subsection (1) shall be appointed in priority to persons described in subsection (4), and persons described in each of those subsections shall be appointed in the order determined by the Commission. 2003, c. 22, s. 12 “41”; 2006, c. 9, s. 103
Public Service Employment Act — P-33.01 41.1
Resumption of employment 41.1 (1) At the end of a leave of absence from employment that is taken by an employee who is a member of the reserve force in order to take part in an operation or activity referred to in paragraphs 247.5(1)(a) to (f) of the Canada Labour Code , the deputy head shall reinstate the employee in the position that the employee occupied on the day before the day on which the leave begins. Workforce adjustment (2) Despite subsection (1), if a deputy head is not able to reinstate the employee in that position by reason of a workforce adjustment, the workforce adjustment measures that are established by the employer or the measures that are set out in agreements relating to workforce adjustment apply. 2008, c. 15, s. 6
Public Service Employment Act — P-33.01 42
Failure to appoint person on leave 42 A person who is entitled under subsection 41(1) to be appointed to a position and who is not so appointed in the applicable period provided for in that subsection ceases to be an employee at the end of that period.
Public Service Employment Act — P-33.01 43
Non-application of priority provisions 43 Despite sections 39.1, 40 and 41 and any regulations made under paragraph 22(2)(a), if the Commission considers that the appointment of a person who has a right to be appointed in priority to other persons under any of those provisions will result in another person having a priority right, the Commission may decide not to apply that provision in that case. 2003, c. 22, s. 12 "43"; 2015, c. 5, s. 8
Public Service Employment Act — P-33.01 44
Participation in advertised process — lay-offs 44 A person who is laid off under subsection 64(1) is entitled, during any period that the Commission determines for any case or class of cases, to participate in any advertised appointment process for which the person would have been eligible had the person not been laid off.
Public Service Employment Act — P-33.01 45
Non-application to term employees 45 Section 40, subsection 41(4) and section 44 do not apply to a person whose employment was for a specified term at the time they were informed that they would be laid off.
Public Service Employment Act — P-33.01 46
Deemed lay-off 46 For the purposes of subsection 41(4) and section 44, a person who, while employed in the public service, does not accept an offer of employment made in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act that is a reasonable job offer within the meaning of an agreement respecting work force adjustment or who accepts an offer of employment, made in such circumstances, that is not a reasonable job offer within the meaning of such an agreement, is deemed to be laid off.
Public Service Employment Act — P-33.01 47
Informal discussion with employee 47 Where a person is informed by the Commission, at any stage of an internal appointment process, that the person has been eliminated from consideration for appointment, the Commission may, at that person’s request, informally discuss its decision with that person.
Public Service Employment Act — P-33.01 48
Persons being considered for appointment 48 (1) After the assessment of candidates is completed in an internal appointment process, the Commission shall, in any manner that it determines, inform the following persons of the name of the person being considered for each appointment: (a) in the case of an advertised internal appointment process, the persons in the area of selection determined under section 34 who participated in that process; and (b) in the case of a non-advertised internal appointment process, the persons in the area of selection determined under section 34. Waiting period (2) For the purposes of internal appointment processes, the Commission shall fix a period, beginning when the persons are informed under subsection (1), during which appointments or proposals for appointment may not be made. Appointment or proposed appointment (3) Following the period referred to in subsection (2), the Commission may appoint a person or propose a person for appointment, whether or not that person is the one previously considered, and the Commission shall so inform the persons who were advised under subsection (1).
Public Service Employment Act — P-33.01 49
Finality of appointments 49 The Commission’s decision to appoint a person or to propose a person for appointment is final and is not subject to appeal or review except in accordance with this Act.
Public Service Employment Act — P-33.01 50
Appointment 50 (1) The Commission may appoint any person as a casual worker to that part of the public service to which the Commission has exclusive authority to make appointments. Maximum period (2) The period of employment of a casual worker may not exceed 90 working days in one calendar year in any particular department or other organization. Application of Act (3) The provisions of this Act, other than this section, do not apply to casual workers. Ineligibility (4) A casual worker is not eligible to be considered for appointment in any internal appointment process. Term appointments (5) This section does not affect the Commission’s authority to appoint a person to or from within the public service, other than on a casual basis, for a specified term of ninety working days or less.
Public Service Employment Act — P-33.01 50.1
Exception — Office of the Chief Electoral Officer 50.1 Despite subsection 50(2), the maximum period of employment of casual workers appointed in the Office of the Chief Electoral Officer — including the portions of the federal public administration in that Office in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions — for the purposes of an election held under that Act or a referendum held under the Referendum Act is 165 working days in one calendar year. 2007, c. 21, s. 40 2018, c. 31, s. 379
Public Service Employment Act — P-33.01 50.2
Exception 50.2 (1) Despite subsection 50(2), a person may be appointed as a casual worker to the Royal Canadian Mounted Police for a period of more than 90 working days in one calendar year in the circumstances prescribed by regulations made under paragraph 22(2)(j). Review (2) The Commission may, on an annual basis, conduct a review of the exercise of the authority to appoint casual workers to the Royal Canadian Mounted Police for more than 90 working days during the preceding calendar year. 2013, c. 18, s. 60