GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Employment Act — P-33.01 51
Authority of deputy heads to deploy 51 (1) Except as provided in this or any other Act, a deputy head may deploy employees to or within the deputy head’s organization. Deployment from separate agencies (2) Except as provided in this or any other Act, a deputy head may deploy to the deputy head’s organization persons who are employed in a separate agency to which the Commission does not have the exclusive authority to make appointments if the Commission has, after reviewing the staffing program of the separate agency at the agency’s request, approved deployments from it. Deployment within or between groups (3) A deployment may be made within an occupational group or, unless excluded by regulations under paragraph 26(1)(a), between occupational groups. Treasury Board directives and regulations (4) A deployment to or within an organization named in Schedule I or IV to the Financial Administration Act shall be made in the manner directed by the Treasury Board and in accordance with any regulations of the Treasury Board. Employment status preserved (5) The deployment of a person may not (a) constitute a promotion, within the meaning of regulations of the Treasury Board, in the case of an organization named in Schedule I or IV to the Financial Administration Act , or as determined by the separate agency, in the case of a separate agency to which the Commission has the exclusive authority to make appointments; or (b) change a person’s period of employment from a specified term to indeterminate. Consent to deployment (6) No person may be deployed without his or her consent unless (a) agreement to being deployed is a condition of employment of the person’s current position; or (b) the deputy head of the organization in which the person is employed finds, after investigation, that the person has harassed another person in the course of his or her employment and the deployment is made within the same organization.
Public Service Employment Act — P-33.01 52
Previous position 52 On deployment, a person ceases to be the incumbent of the position to which he or she had previously been appointed or deployed.
Public Service Employment Act — P-33.01 53
Deployment not an appointment 53 (1) A deployment is not an appointment within the meaning of this Act. Exceptions to priority rights (2) A deputy head may deploy a person without regard to any other person’s right to be appointed under section 39.1 or subsection 41(1) or (4) or any regulations made under paragraph 22(2)(a). 2003, c. 22, s. 12 “53”; 2006, c. 9, s. 104; 2015, c. 5, s. 9
Public Service Employment Act — P-33.01 54
Oath or affirmation 54 A person appointed or deployed from outside that part of the public service to which the Commission has exclusive authority to make appointments shall take and subscribe an oath or solemn affirmation in the following form: I, , swear (or solemnly affirm) that I will faithfully and honestly fulfil the duties that devolve on me by reason of my employment in the public service of Canada and that I will not, without due authority, disclose or make known any matter that comes to my knowledge by reason of such employment. ( 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, , swear (or solemnly affirm) that I will faithfully and honestly fulfil the duties that devolve on me by reason of my employment in the public service of Canada and that I will not, without due authority, disclose or make known any matter that comes to my knowledge by reason of such employment. ( Add, in the case where an oath is taken , “So help me God” (or name of deity) .)
Public Service Employment Act — P-33.01 55
Effective date of appointment or deployment 55 The appointment or deployment of a person from outside that part of the public service to which the Commission has exclusive authority to make appointments takes effect on the later of the date that is agreed to in writing by the deputy head and that person and the date on which the person takes and subscribes the oath or solemn affirmation set out in section 54.
Public Service Employment Act — P-33.01 56
Effective date of appointment 56 (1) The appointment of a person from within that part of the public service to which the Commission has exclusive authority to make appointments takes effect on the date agreed to in writing by that person and the deputy head, regardless of the date of their agreement. Effective date of deployment (2) The deployment of a person from within that part of the public service to which the Commission has exclusive authority to make appointments takes effect (a) on the date agreed to in writing by that person and the deputy head, regardless of the date of their agreement; or (b) if the person’s consent to the deployment is not required, on the date fixed by the deputy head.
Public Service Employment Act — P-33.01 57
Indeterminate employment 57 Subject to this Act, any other Act and regulations made under this or any other Act, the period of an employee’s employment is indeterminate unless the deputy head has specified a term of employment.
Public Service Employment Act — P-33.01 58
Term appointment or deployment 58 (1) Subject to section 59, an employee whose appointment or deployment is for a specified term ceases to be an employee at the expiration of that term, or of any extension made under subsection (2). Extension by deputy head (2) A deputy head may extend a specified term referred to in subsection (1), and such an extension does not constitute an appointment or a deployment or entitle any person to make a complaint under section 77. Acting appointments (3) This section does not apply in respect of appointments made on an acting basis.
Public Service Employment Act — P-33.01 59
Conversion to indeterminate 59 (1) Unless the employee requests otherwise of the deputy head, the period of employment of an employee who is employed for a specified term as a result of an appointment or deployment is converted to indeterminate in the employee’s substantive position, at the end of the cumulative period of employment specified by the employer in circumstances prescribed by the employer. Not an appointment or deployment (2) A conversion under subsection (1) does not constitute an appointment or a deployment or entitle any person to make a complaint under section 77.
Public Service Employment Act — P-33.01 60
Rate of pay on appointment 60 The rate of pay on appointment to a position shall be determined by the employer within the scale of rates of pay for that position or for positions of the same occupational nature and level as that position.
Public Service Employment Act — P-33.01 61
Probationary period 61 (1) A person appointed from outside the public service is on probation for a period (a) established by regulations of the Treasury Board in respect of the class of employees of which that person is a member, in the case of an organization named in Schedule I or IV to the Financial Administration Act ; or (b) determined by a separate agency in respect of the class of employees of which that person is a member, in the case of an organization that is a separate agency to which the Commission has exclusive authority to make appointments. Effect of appointment or deployment (2) A period established pursuant to subsection (1) is not terminated by any appointment or deployment made during that period.
Public Service Employment Act — P-33.01 62
Termination of employment 62 (1) While an employee is on probation, the deputy head of the organization may notify the employee that his or her employment will be terminated at the end of (a) the notice period established by regulations of the Treasury Board in respect of the class of employees of which that employee is a member, in the case of an organization named in Schedule I or IV to the Financial Administration Act , or (b) the notice period determined by the separate agency in respect of the class of employees of which that employee is a member, in the case of a separate agency to which the Commission has exclusive authority to make appointments, and the employee ceases to be an employee at the end of that notice period. Compensation in lieu of notice (2) Instead of notifying an employee under subsection (1), the deputy head may notify the employee that his or her employment will be terminated on the date specified by the deputy head and that they will be paid an amount equal to the salary they would have been paid during the notice period under that subsection.
Public Service Employment Act — P-33.01 63
Resignation 63 An employee may resign from the public service by giving the deputy head notice in writing of his or her intention to resign, and the employee ceases to be an employee on the date specified by the deputy head in writing on accepting the resignation, regardless of the date of the acceptance.
Public Service Employment Act — P-33.01 64
Laying off of employees 64 (1) Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside those portions of the federal public administration named in Schedule I, IV or V to the Financial Administration Act , the deputy head may, in accordance with the regulations of the Commission, lay off the employee, in which case the deputy head shall so advise the employee. Selection of employees (2) Where the deputy head determines under subsection (1) that some but not all of the employees in any part of the deputy head’s organization will be laid off, the employees to be laid off shall be selected in accordance with the regulations of the Commission. Exception (3) Subsection (1) does not apply where employment is terminated in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act . Effect of lay-off (4) An employee ceases to be an employee when the employee is laid off.
Public Service Employment Act — P-33.01 65
Complaint to Board re lay-off 65 (1) Where some but not all of the employees in a part of an organization are informed by the deputy head that they will be laid off, any employee selected for lay-off may make a complaint to the Board, in the manner and within the time fixed by the Board’s regulations, that his or her selection constituted an abuse of authority. Limitation (2) No complaint may be made under subsection (1) against the decision to lay off employees, the determination of the part of the organization from which employees will be laid off or the number of employees to be laid off from that part. Right to be heard (3) A complainant, every other employee in the part of the organization referred to in subsection (1), the deputy head and the Commission — or their representatives — are entitled to be heard by the Board. Lay-off set aside (4) Where the Board finds a complaint under subsection (1) to be substantiated, it may set aside the decision of the deputy head to lay off the complainant and order the deputy head to take any corrective action that it considers appropriate, other than the lay-off of any employee. Notice to Canadian Human Rights Commission (5) Where a complaint raises an issue involving the interpretation or application of the Canadian Human Rights Act , the complainant shall, in accordance with the regulations of the Board, notify the Canadian Human Rights Commission of the issue. Canadian Human Rights Commission (6) Where the Canadian Human Rights Commission is notified of an issue pursuant to subsection (5), it may make submissions to the Board with respect to that issue. Application of Canadian Human Rights Act (7) In considering whether a complaint is substantiated, the Board may interpret and apply the Canadian Human Rights Act , other than its provisions relating to the right to equal pay for work of equal value. Relief for discrimination (8) Corrective action may include an order for relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act . Notice to Accessibility Commissioner (9) If a complaint raises an issue involving the contravention of a provision of regulations made under subsection 117 (1) of the Accessible Canada Act , the complainant shall, in accordance with the regulations of the Board, notify the Accessibility Commissioner , as defined in section 2 of that Act. Accessibility Commissioner (10) If the Accessibility Commissioner is notified of an issue under subsection (9), he or she may make submissions to the Board with respect to that issue. Application of Accessible Canada Act (11) In considering whether a complaint is substantiated, the Board may interpret and apply the Accessible Canada Act . Relief (12) Corrective action may include an order for relief in accordance with section 102 of the Accessible Canada Act . 2003, c. 22, s. 12 "65"; 2013, c. 40, s. 414 2019, c. 10, s. 194
Public Service Employment Act — P-33.01 66
External appointments 66 The Commission may investigate any external appointment process and, if it is satisfied that the appointment was not made or proposed to be made on the basis of merit, or that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may (a) revoke the appointment or not make the appointment, as the case may be; and (b) take any corrective action that it considers appropriate.
Public Service Employment Act — P-33.01 67
Internal appointments — no delegation 67 (1) The Commission may investigate an internal appointment process, other than one conducted by a deputy head acting under subsection 15(1), and, if it is satisfied that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may (a) revoke the appointment or not make the appointment, as the case may be; and (b) take any corrective action that it considers appropriate. Internal appointments — delegation (2) The Commission may, at the request of the deputy head, investigate an internal appointment process that was conducted by a deputy head acting under subsection 15(1), and report its findings to the deputy head and the deputy head may, if satisfied that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, (a) revoke the appointment or not make the appointment, as the case may be; and (b) take any corrective action that he or she considers appropriate.
Public Service Employment Act — P-33.01 68
Political influence 68 If it has reason to believe that an appointment or proposed appointment was not free from political influence, the Commission may investigate the appointment process and, if it is satisfied that the appointment or proposed appointment was not free from political influence, the Commission may (a) revoke the appointment or not make the appointment, as the case may be; and (b) take any corrective action that it considers appropriate.
Public Service Employment Act — P-33.01 69
Fraud 69 If it has reason to believe that fraud may have occurred in an appointment process, the Commission may investigate the appointment process and, if it is satisfied that fraud has occurred, the Commission may (a) revoke the appointment or not make the appointment, as the case may be; and (b) take any corrective action that it considers appropriate.
Public Service Employment Act — P-33.01 70
Powers of Commission 70 (1) In conducting any investigation under this Part, the Commission has all the powers of a commissioner under Part II of the Inquiries Act . Informality (2) An investigation shall be conducted by the Commission as informally and expeditiously as possible.
Public Service Employment Act — P-33.01 71
Persons acting for Commission 71 (1) The Commission may direct that any investigation under this Part be conducted, in whole or in part, by one or more Commissioners or other persons. Powers of Commissioner (2) A Commissioner directed under subsection (1) has the powers referred to in section 70 in relation to the matter before the Commissioner. Powers of other person (3) Subject to any limitations specified by the Commission, a person directed under subsection (1), other than a Commissioner, has the powers referred to in section 70 in relation to the matter before the person.
Public Service Employment Act — P-33.01 72
Right to make submissions 72 Where an investigation is conducted under this Part in relation to a person’s appointment or proposed appointment, that person and the deputy head in relation to the appointment — or their representatives — are entitled to make submissions to the Commission, Commissioner or other person, whichever is conducting the investigation.
Public Service Employment Act — P-33.01 73
Re-appointment following revocation 73 Where the appointment of a person is revoked under any of sections 66 to 69, 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).
Public Service Employment Act — P-33.01 74
Complaint 74 A person whose appointment is revoked by the Commission under subsection 67(1) or by the deputy head under subsection 15(3) or 67(2) may, in the manner and within the period provided by the Board’s regulations, make a complaint to the Board that the revocation was unreasonable. 2003, c. 22, s. 12 "74"; 2013, c. 40, s. 414
Public Service Employment Act — P-33.01 75
Right to be heard 75 Where a complaint is made under section 74, the complainant, the deputy head and the Commission — or their representatives — are entitled to be heard by the Board. 2003, c. 22, s. 12 "75"; 2013, c. 40, s. 414
Public Service Employment Act — P-33.01 76
Revocation set aside 76 Where the Board finds a complaint under section 74 to be substantiated, it may order the Commission or the deputy head, as the case may be, to set aside the revocation. 2003, c. 22, s. 12 "76"; 2013, c. 40, s. 414
Public Service Employment Act — P-33.01 77
Grounds of complaint 77 (1) When the Commission has made or proposed an appointment in an internal appointment process, a person in the area of recourse referred to in subsection (2) may — in the manner and within the period provided by the Board’s regulations — make a complaint to the Board that he or she was not appointed or proposed for appointment by reason of (a) an abuse of authority by the Commission or the deputy head in the exercise of its or his or her authority under subsection 30(2); (b) an abuse of authority by the Commission in choosing between an advertised and a non-advertised internal appointment process; or (c) the failure of the Commission to assess the complainant in the official language of his or her choice as required by subsection 37(1). Area of recourse (2) For the purposes of subsection (1), a person is in the area of recourse if the person is (a) an unsuccessful candidate in the area of selection determined under section 34, in the case of an advertised internal appointment process; and (b) any person in the area of selection determined under section 34, in the case of a non-advertised internal appointment process. Excluded grounds (3) The Board may not consider an allegation that fraud occurred in an appointment process or that an appointment or proposed appointment was not free from political influence. 2003, c. 22, s. 12 "77"; 2013, c. 40, s. 414
Public Service Employment Act — P-33.01 78
Notice to Canadian Human Rights Commission 78 Where a complaint raises an issue involving the interpretation or application of the Canadian Human Rights Act , the complainant shall, in accordance with the regulations of the Board, notify the Canadian Human Rights Commission of the issue. 2003, c. 22, s. 12 "78"; 2013, c. 40, s. 414
Public Service Employment Act — P-33.01 78.1
Notice to Accessibility Commissioner 78.1 If a complaint raises an issue involving the contravention of a provision of regulations made under subsection 117 (1) of the Accessible Canada Act , the complainant shall, in accordance with the regulations of the Board, notify the Accessibility Commissioner , as defined in section 2 of that Act. 2019, c. 10, s. 195
Public Service Employment Act — P-33.01 79
Right to be heard 79 (1) A person making a complaint under section 77, the person appointed or proposed for appointment, the deputy head and the Commission — or their representatives — are entitled to be heard by the Board. Canadian Human Rights Commission (2) Where the Canadian Human Rights Commission is notified of an issue pursuant to section 78, it may make submissions to the Board with respect to that issue. Accessibility Commissioner (3) If the Accessibility Commissioner is notified of an issue under section 78.1, he or she may make submissions to the Board with respect to that issue. 2003, c. 22, s. 12 "79"; 2013, c. 40, s. 414 2019, c. 10, s. 196
Public Service Employment Act — P-33.01 80
Application of Canadian Human Rights Act 80 In considering whether a complaint under section 77 is substantiated, the Board may interpret and apply the Canadian Human Rights Act , other than its provisions relating to the right to equal pay for work of equal value. 2003, c. 22, s. 12 "80"; 2013, c. 40, s. 414
Public Service Employment Act — P-33.01 80.1
Application of Accessible Canada Act 80.1 In considering whether a complaint under section 77 is substantiated, the Board may interpret and apply the Accessible Canada Act . 2019, c. 10, s. 197
Public Service Employment Act — P-33.01 81
Corrective action when complaint upheld 81 (1) If the Board finds a complaint under section 77 to be substantiated, the Board may order the Commission or the deputy head to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Board considers appropriate. Relief for discrimination (2) Corrective action taken under subsection (1) may include an order for relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act . Relief (3) Corrective action taken under subsection (1) may include an order for relief in accordance with section 102 of the Accessible Canada Act . 2003, c. 22, s. 12 "81"; 2013, c. 40, s. 414 2019, c. 10, s. 198
Public Service Employment Act — P-33.01 82
Restrictions 82 The Board may not order the Commission to make an appointment or to conduct a new appointment process. 2003, c. 22, s. 12 "82"; 2013, c. 40, s. 414
Public Service Employment Act — P-33.01 83
Failure of corrective action 83 Where the Commission has made or proposed an appointment as a result of the implementation of corrective action ordered under section 81, a complaint may be made to the Board, in the manner and within the period provided by its regulations, by (a) the person who made the complaint under section 77, (b) the person who was the subject of the appointment or proposed appointment referred to in subsection 77(1), or (c) any other person directly affected by the implementation of the corrective action, on the grounds that the person was not appointed or proposed for appointment by reason of an abuse of authority by the Commission or deputy head in the implementation of the corrective action. 2003, c. 22, s. 12 "83"; 2013, c. 40, s. 414
Public Service Employment Act — P-33.01 84
Powers of Board 84 Where the Board finds a complaint under section 83 to be substantiated, it may (a) order the Commission or the deputy head to revoke the appointment made as a result of the implementation of the corrective action, or not to make the appointment, as the case may be; and (b) give the Commission or the deputy head any directions that it considers appropriate with respect to the implementation of the corrective action. 2003, c. 22, s. 12 "84"; 2013, c. 40, s. 414