GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Employment Act — P-33.01
the public service, whose members are drawn from across the country, reflects a myriad of backgrounds, skills and professions that are a unique resource for Canada;
Public Service Employment Act — P-33.01
authority to make appointments to and within the public service has been vested in the Public Service Commission, which can delegate this authority to deputy heads;
Public Service Employment Act — P-33.01
those to whom this appointment authority is delegated must exercise it within a framework that ensures that they are accountable for its proper use to the Commission, which in turn is accountable to Parliament;
Public Service Employment Act — P-33.01
delegation of staffing authority should be to as low a level as possible within the public service, and should afford public service managers the flexibility necessary to staff, to manage and to lead their personnel to achieve results for Canadians; and
Public Service Employment Act — P-33.01
the Government of Canada is committed to an inclusive public service that reflects the diversity of Canada’s population, that embodies linguistic duality and that is characterized by fair, transparent employment practices, respect for employees, effective dialogue, and recourse aimed at resolving appointment issues;
Public Service Employment Act — P-33.01
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Public Service Employment Act — P-33.01 1
Short title 1 This Act may be cited as the Public Service Employment Act .
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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. 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. 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. 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. 2003, c. 22, ss. 12 “2”, 271; 2005, c. 16, s. 17; 2013, c. 40, s. 403; 2017, c. 9, s. 48 2021, c. 23, s. 277
Public Service Employment Act — P-33.01
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 )
Public Service Employment Act — P-33.01
Commission means the Public Service Commission continued by subsection 4(1). ( Commission )
Public Service Employment Act — P-33.01 (a)
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 )
Public Service Employment Act — P-33.01
deployment means the transfer of a person from one position to another in accordance with Part 3. ( mutation )
Public Service Employment Act — P-33.01 (a)
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 )
Public Service Employment Act — P-33.01
employee means a person employed in that part of the public service to which the Commission has exclusive authority to make appointments. ( fonctionnaire )
Public Service Employment Act — P-33.01 (a)
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 )
Public Service Employment Act — P-33.01
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 )
Public Service Employment Act — P-33.01
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 )
Public Service Employment Act — P-33.01
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 )
Public Service Employment Act — P-33.01
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 )
Public Service Employment Act — P-33.01
organization means any portion of the federal public administration named in Schedule I, IV or V to the Financial Administration Act . ( administration )
Public Service Employment Act — P-33.01 (a)
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 )
Public Service Employment Act — P-33.01
separate agency means an organization named in Schedule V to the Financial Administration Act . ( organisme distinct )
Public Service Employment Act — P-33.01
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 )
Public Service Employment Act — P-33.01
Tribunal [Repealed, 2013, c. 40, s. 403]
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Descriptive cross-references 3 If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject-matter of the provision referred to, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only.
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Commission continued 4 (1) The Public Service Commission is continued, consisting of a President and two or more other Commissioners. Eligibility (2) In order to be eligible to hold office as a Commissioner, a person must be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act . Full-time or part-time (3) The President shall serve on a full-time basis and the other Commissioners on a part-time basis. Other employment or activities (4) Commissioners shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their functions, and the President shall devote the whole of his or her time to the performance of the President’s functions. Appointment of Commissioners (5) The President and other Commissioners shall be appointed by the Governor in Council. The appointment of the President shall be made by commission under the Great Seal, after approval by resolution of the Senate and House of Commons. Tenure and term of office (6) A Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons. Re-appointment (7) A Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years. Oath or affirmation (8) Before commencing his or her functions, a Commissioner shall take an oath or make a solemn affirmation in the following form before the Clerk of the Privy Council or the person designated by the Clerk: I, , do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of (Commissioner or President, as the case may be ) of the Public Service Commission. ( Add, in the case where an oath is taken, “So help me God” ( or name of deity ).)
Public Service Employment Act — P-33.01
I, , do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of (Commissioner or President, as the case may be ) of the Public Service Commission. ( Add, in the case where an oath is taken, “So help me God” ( or name of deity ).)
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Salaries 5 (1) The Commissioners shall be paid the remuneration determined by the Governor in Council. Expenses (2) The Commissioners are entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from their ordinary place of residence or, in the case of the President, while absent from his or her ordinary place of work. Application of Public Service Superannuation Act (3) The President is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . Application of other Acts (4) The Commissioners are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act .
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President 6 (1) The President is the chief executive officer of the Commission. Residence (2) The President shall reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance of it specified by the Governor in Council. Acting President (3) If the President is absent or unable to act or if the office of President is vacant, the minister designated under section 23 may authorize a Commissioner or other qualified person to act as President for a period not exceeding sixty days, and the Governor in Council may authorize a Commissioner or other qualified person to act as President for any longer period.
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Quorum 7 (1) A majority of the Commissioners constitutes a quorum of the Commission. Vacancy (2) A vacancy in the membership of the Commission does not impair the right of the remaining Commissioners to act.
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Head office 8 The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act .
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Human resources 9 The Commission may appoint the persons necessary for the proper conduct of its work in the manner authorized by this Act.
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Experts and advisers 10 (1) The Commission may retain on a temporary basis the services of experts or other persons having technical or special knowledge to assist it in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration. Application of Public Service Superannuation Act (2) Persons whose services are retained under subsection (1) are not employed in the public service for the purposes of the Public Service Superannuation Act .
Public Service Employment Act — P-33.01 11
Mandate 11 The mandate of the Commission is (a) to appoint, or provide for the appointment of, persons to or from within the public service in accordance with this Act; (b) to conduct investigations and audits in accordance with this Act; and (c) to administer the provisions of this Act relating to political activities of employees and deputy heads.
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Functions assigned by Governor in Council 12 The Commission shall perform any functions in relation to the public service that are assigned to it by the Governor in Council.
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Delegation to Commissioners and employees 13 Any power or function of the Commission under this Act, other than under section 20 or 22, may be exercised or performed by any Commissioner or employee of the Commission authorized by the Commission to do so and, if so exercised or performed, is deemed to have been exercised or performed by the Commission.
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Consultation by Commission 14 The Commission shall, on request or if it considers consultation necessary or desirable, consult with the employer or any employee organization certified as a bargaining agent under the Federal Public Sector Labour Relations Act with respect to policies respecting the manner of making and revoking appointments or with respect to the principles governing lay-offs or priorities for appointment. 2003, c. 22, s. 12 “14”; 2017, c. 9, s. 55
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Exercise of powers and functions by deputy heads 15 (1) The Commission may authorize a deputy head to exercise or perform, in relation to his or her organization, in the manner and subject to any terms and conditions that the Commission directs, any of the powers and functions of the Commission under this Act, other than its powers under sections 17, 20 and 22, its power to investigate appointments under sections 66 to 69 and its powers under Part 7. Revision or rescission (2) Subject to subsection (3), the Commission may revise or rescind an authorization granted under this section. Revocation of appointments (3) Where the Commission authorizes a deputy head to make appointments pursuant to an internal appointment process, the authorization must include the power to revoke those appointments and to take corrective action whenever the deputy head, after investigation, is satisfied that an error, an omission or improper conduct affected the selection of a person for appointment. Exception (4) In authorizing a deputy head under subsection (3), the Commission is not required to include the authority to revoke appointments or to take corrective action in circumstances referred to in sections 68 and 69. Commission jurisdiction (5) The Commission may not revoke an appointment referred to in subsection (3) or take corrective action in relation to such an appointment except in circumstances referred to in sections 68 and 69. Re-appointment on revocation (6) Where the appointment of a person is revoked by a deputy head acting pursuant to subsection (3), 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).
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Compliance with appointment policies 16 In exercising or performing any of the Commission’s powers and functions pursuant to section 15, a deputy head is subject to any policies established by the Commission under subsection 29(3).
Public Service Employment Act — P-33.01 17
Audits by Commission 17 (1) The Commission may conduct audits on any matter within its jurisdiction and on the exercise, by deputy heads, of their authority under subsection 30(2) and may make recommendations to deputy heads. Biases and barriers (2) The power to conduct audits includes the power to determine whether there are biases or barriers that disadvantage persons belonging to any equity-seeking group. 2003, c. 22, s. 12 “17” 2021, c. 23, s. 278
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Powers of Commission 18 In conducting an audit, the Commission has all the powers of a commissioner under Part I of the Inquiries Act .
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Persons acting for Commission 19 (1) The Commission may direct that any audit under section 17 be conducted, in whole or in part, by a Commissioner or any other person. Powers of Commissioner (2) In relation to a matter before a Commissioner under subsection (1), the Commissioner has the powers referred to in section 18. Powers of other persons (3) In relation to a matter before a person other than a Commissioner under subsection (1), the person has the powers referred to in section 18 subject to any limitations specified by the Commission.
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Exclusion of positions and persons 20 (1) Where the Commission decides that it is neither practicable nor in the best interests of the public service to apply this Act or any of its provisions to any position or person or class of positions or persons, the Commission may, with the approval of the Governor in Council, exclude that position, person or class from the application of this Act or those provisions. Consultation with employer (2) The Commission shall consult the employer in respect of an exclusion from any provision of this Act whose application is not within the Commission’s jurisdiction. Re-application of provisions to persons or positions (3) The Commission may, with the approval of the Governor in Council, re-apply any of the provisions of this Act to any position or person, or class of positions or persons, excluded pursuant to subsection (1).
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Regulations of Governor in Council 21 The Governor in Council may, on the recommendation of the Commission, make regulations prescribing how any position or person, or class of positions or persons, excluded under section 20 from the application of this Act or any of its provisions is to be dealt with.
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General regulatory power 22 (1) The Commission may make any regulations that it considers necessary to give effect to the provisions of this Act relating to matters under its jurisdiction. Regulations (2) Without limiting the generality of subsection (1), the Commission may make regulations (a) establishing for any person or class of persons a right to be appointed — in priority to all persons other than those referred to in sections 39.1 and 40 and subsections 41(1) and (4) — during the period specified by the Commission, to any position for which the Commission is satisfied that they meet the essential qualifications referred to in paragraph 30(2)(a); (b) determining the order of priority of the rights to appointment established by any regulations made under paragraph (a); (c) respecting appointments on an acting basis and the maximum period for which any such appointments or any class of such appointments may be made, and excluding any such appointments or class from the operation of any or all of the provisions of this Act; (d) for the purpose of facilitating the implementation of employment equity programs developed by an employer or a deputy head, respecting the appointment to or from within the public service of persons belonging to a designated group within the meaning of section 3 of the Employment Equity Act , and excluding any such persons or any group of such persons from the operation of any or all of the provisions of this Act; (e) respecting the appointment of persons within the executive group or to the executive group from within or outside the public service, and excluding any such persons or any class of such persons from the operation of any or all of the provisions of this Act; (f) respecting the disclosure of information obtained in the course of an investigation under this Act; (g) defining incumbent-based process for the purposes of subsection 34(1); (h) prescribing the manner in which and the period within which allegations are to be made, and the manner in which investigations are to be conducted under Part 7; (i) respecting the manner of laying off employees and the manner of selecting employees to be laid off, for the purposes of section 64; and (j) prescribing circumstances for the purposes of section 50.2. 2003, c. 22, s. 12 “22”; 2006, c. 9, s. 100; 2013, c. 18, s. 59; 2015, c. 5, s. 2
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Preparation of report 23 (1) The Commission shall, as soon as possible after the end of each fiscal year, prepare and transmit to the minister designated by the Governor in Council for the purposes of this section a report for that fiscal year in respect of matters under its jurisdiction. Tabling in Parliament (2) The minister to whom the report is transmitted shall cause the report to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the minister receives it. Special reports (3) The Commission may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers and functions of the Commission where, in the opinion of the Commission, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for transmission of the next annual report of the Commission.
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Delegation by deputy head 24 (1) Subject to subsection (2), a deputy head may authorize any person to exercise or perform any of the powers and functions conferred on the deputy head by this Act. Subdelegation by deputy head (2) Where the Commission has authorized a deputy head under subsection 15(1) to exercise or perform any of the Commission’s powers and functions, the deputy head may — subject to the Commission’s approval and any terms and conditions specified under that subsection — authorize another person to exercise or perform any of those powers or functions, other than the power to revoke appointments.
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Acting deputy head 25 In the absence of the deputy head of a department or other organization, the powers and functions of the deputy head may be exercised by the person designated by the deputy head to act in his or her absence or, if no person has been so designated or there is no deputy head, (a) the person designated by the person who, under the Financial Administration Act , is the appropriate Minister with respect to that department or other organization; or (b) any other person designated by the Governor in Council.
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Regulations of Treasury Board 26 (1) The Treasury Board may, in respect of organizations named in Schedule I or IV to the Financial Administration Act , make regulations (a) respecting deployments; (b) defining the word promotion for the purposes of subsection 51(5); (c) establishing periods of probation for the purposes of subsection 61(1) and notice periods for the purposes of subsection 62(1); and (d) in respect of any occupational group or part of one, extending or changing to levels the provisions of this Act that apply to positions. Policies of separate agencies (2) A separate agency to which the Commission has exclusive authority to make appointments may make policies for the purposes referred to in subsection (1) in respect of the separate agency.