GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Employment Act — P-33.01 85
Right to be heard 85 In the consideration of a complaint made under section 83, the persons entitled to be heard by the Board are the persons entitled to make a complaint under that section in respect of the corrective action, the person appointed or proposed for appointment as a result of the corrective action, the deputy head and the Commission, or their representatives. 2003, c. 22, s. 12 "85"; 2013, c. 40, s. 414
Public Service Employment Act — P-33.01 86
Appointment to other position 86 Where the appointment of a person is revoked pursuant to subsection 81(1), 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 87
No right to complain 87 No complaint may be made under section 77 in respect of an 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 “87”; 2006, c. 9, s. 105; 2013, c. 40, s. 414; 2015, c. 5, ss. 10, 14
Public Service Employment Act — P-33.01 88
Complaints 88 The Board is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77 and 83. 2003, c. 22, s. 12 "88"; 2013, c. 40, s. 405
Public Service Employment Act — P-33.01 89
Powers 89 Subject to any limitations that the Governor in Council may establish in the interests of defence or security, the Board has, in relation to a complaint, the power to enter any premises of an employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliances or articles in the premises and require any person in the premises to answer all questions relating to the complaint. 2003, c. 22, s. 12 "89"; 2013, c. 40, s. 405
Public Service Employment Act — P-33.01 97
Mediation services 97 (1) The Board may provide mediation services at any stage of a proceeding in order to resolve a complaint. Member as mediator (2) The provision of mediation services by a member at any stage of hearing a complaint does not prevent that member from continuing to hear the complaint with respect to any issues that have not been resolved, unless the Commission or any person entitled to be heard objects to that member continuing. 2003, c. 22, s. 12 "97"; 2013, c. 40, s. 414
Public Service Employment Act — P-33.01 103
Filing of order in Federal Court 103 (1) The Board must, on the request in writing of the Commission or any person to whom an order of the Board applies, file a certified copy of the order in the Federal Court unless, in the Board’s opinion (a) there is no indication, or likelihood, of failure to comply with the order; or (b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose. Non-application (2) Section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1). Effect of filing (3) An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such. 2003, c. 22, s. 12 “103”; 2013, c. 40, s. 407; 2017, c. 9, s. 56
Public Service Employment Act — P-33.01 103.1
Copy of decision provided 103.1 The Board shall render a decision on a complaint made under subsection 65(1) or section 74, 77 or 83 and provide a copy of it  —  including any written reasons  —  and any accompanying order to the Commission and to each person who exercised the right to be heard on the complaint. 2013, c. 40, s. 407
Public Service Employment Act — P-33.01 104
Certain persons not compellable as witnesses 104 Persons providing mediation services under this Part are not competent or compellable to appear as witnesses in any civil action, suit or other proceeding respecting information obtained in the discharge of their functions under this Part. 2003, c. 22, s. 12 "104"; 2013, c. 40, s. 407
Public Service Employment Act — P-33.01 105
Notes and drafts not to be disclosed 105 None of the following may be disclosed without the consent of the person who made them: (a) [Repealed, 2013, c. 40, s. 408] (b) notes of any person providing mediation services under this Part. 2003, c. 22, s. 12 "105"; 2013, c. 40, s. 408
Public Service Employment Act — P-33.01 109
Regulations of Board 109 The Board may make regulations respecting (a) the manner in which and the time within which a complaint may be made under subsection 65(1) or section 74, 77 or 83; (b) and (c) [Repealed, 2013, c. 40, s. 411] (d) the manner of giving notice of an issue to the Canadian Human Rights Commission under subsection 65(5) or section 78; (d.1) the manner of giving notice of an issue to the Accessibility Commissioner under subsection 65(9) or section 78.1; and (e) the disclosure of information obtained in the course of an appointment process or a complaint proceeding under this Act. 2003, c. 22, s. 12 "109"; 2013, c. 40, ss. 411, 414 2019, c. 10, s. 199
Public Service Employment Act — P-33.01 111
Definitions 111 (1) The following definitions apply in this Part. election means a federal, provincial, territorial or municipal election. ( élection ) federal election means an election to the House of Commons. ( élection fédérale ) municipal election means an election as the mayor or a member of the council of a municipality. ( élection municipale ) municipality means (a) an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or other municipality, however designated; or (b) any other local or regional authority that is determined by the Governor in Council to be a municipality for the purposes of this Part. ( municipalité ) political activity means (a) carrying on any activity in support of, within or in opposition to a political party; (b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or (c) seeking nomination as or being a candidate in an election before or during the election period. ( activité politique ) provincial election means an election to the legislature of a province. ( élection provinciale ) territorial election means an election to the Legislative Assembly of Yukon, the Northwest Territories or Nunavut. ( élection territoriale ) Meaning of deputy head (2) For the purposes of this Part, deputy head includes a Commissioner appointed under subsection 4(5). 2003, c. 22, ss. 12 “111”, 272; 2013, c. 40, s. 413; 2014, c. 2, s. 55, c. 20, s. 474
Public Service Employment Act — P-33.01
election means a federal, provincial, territorial or municipal election. ( élection )
Public Service Employment Act — P-33.01
federal election means an election to the House of Commons. ( élection fédérale )
Public Service Employment Act — P-33.01
municipal election means an election as the mayor or a member of the council of a municipality. ( élection municipale )
Public Service Employment Act — P-33.01 (a)
municipality means (a) an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or other municipality, however designated; or (b) any other local or regional authority that is determined by the Governor in Council to be a municipality for the purposes of this Part. ( municipalité )
Public Service Employment Act — P-33.01 (a)
political activity means (a) carrying on any activity in support of, within or in opposition to a political party; (b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or (c) seeking nomination as or being a candidate in an election before or during the election period. ( activité politique )
Public Service Employment Act — P-33.01
provincial election means an election to the legislature of a province. ( élection provinciale )
Public Service Employment Act — P-33.01
territorial election means an election to the Legislative Assembly of Yukon, the Northwest Territories or Nunavut. ( élection territoriale )
Public Service Employment Act — P-33.01 112
Purpose 112 The purpose of this Part is to recognize the right of employees to engage in political activities while maintaining the principle of political impartiality in the public service.
Public Service Employment Act — P-33.01 113
Permitted activities 113 (1) An employee may engage in any political activity so long as it does not impair, or is not perceived as impairing, the employee’s ability to perform his or her duties in a politically impartial manner. Regulations (2) The Governor in Council may, on the recommendation of the Commission, make regulations specifying political activities that are deemed to impair the ability of an employee, or any class of employees, to perform their duties in a politically impartial manner. Factors (3) In making regulations, the Governor in Council may take into consideration factors such as the nature of the political activity and the nature of the duties of an employee or class of employees and the level and visibility of their positions.
Public Service Employment Act — P-33.01 114
Seeking candidacy 114 (1) An employee may seek nomination as a candidate in a federal, provincial or territorial election before or during the election period only if the employee has requested and obtained permission from the Commission to do so. Being a candidate before election period (2) An employee may, before the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained permission from the Commission to do so. Being a candidate during election period (3) An employee may, during the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained a leave of absence without pay from the Commission. Granting of permission (4) The Commission may grant permission for the purpose of subsection (1) or (2) only if it is satisfied that the employee’s ability to perform his or her duties in a politically impartial manner will not be impaired or perceived to be impaired. Granting of leave (5) The Commission may grant leave for the purpose of subsection (3) only if it is satisfied that being a candidate during the election period will not impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner. Factors (6) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the employee’s duties and the level and visibility of the employee’s position. Conditions (7) The Commission may make permission under subsection (4) conditional on the employee taking a leave of absence without pay for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be. Effect of election (8) An employee ceases to be an employee on the day he or she is declared elected in a federal, provincial or territorial election.
Public Service Employment Act — P-33.01 115
Candidacy in municipal elections 115 (1) An employee may seek nomination as, or be, a candidate in a municipal election before or during the election period, only if the employee has requested and obtained permission from the Commission to do so. Granting of permission (2) The Commission may grant permission only if it is satisfied that seeking nomination as, or being, a candidate in the election will not impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner. Factors (3) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the employee’s duties and the level and visibility of the employee’s position. Conditions (4) The Commission may make permission under this section conditional on (a) the employee taking a leave of absence without pay (i) for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be, or (ii) for the period in which he or she is a candidate during the election period; and (b) the employee taking a leave of absence without pay or ceasing to be an employee if he or she is declared elected.
Public Service Employment Act — P-33.01 116
Notice 116 On granting an employee permission under subsection 114(4), leave under subsection 114(5) or permission under subsection 115(2), the Commission shall cause notice that it has done so, together with the name of that employee, to be published in the Canada Gazette .
Public Service Employment Act — P-33.01 117
Political activities 117 A deputy head shall not engage in any political activity other than voting in an election.
Public Service Employment Act — P-33.01 118
Investigation and corrective action — employees 118 The Commission may investigate any allegation, in accordance with the regulations, that an employee has failed to comply with any of subsections 113(1), 114(1) to (3) and 115(1) and, if it concludes that the allegation is substantiated, may dismiss the employee or may take any corrective action that it considers appropriate.
Public Service Employment Act — P-33.01 119
Investigation and dismissal — deputy head 119 (1) The Commission may investigate any allegation, made to it by a person who is or has been a candidate in an election, that a deputy head has contravened section 117 and, if it concludes that the allegation is substantiated, the Commission shall report its conclusion to the Governor in Council and the Governor in Council may dismiss the deputy head. Exception (2) Subsection (1) does not apply in respect of any deputy head whose removal from office is expressly provided for by this or any other Act, otherwise than by termination of his or her appointment at pleasure.
Public Service Employment Act — P-33.01 120
Powers under Inquiries Act 120 In conducting any investigation under this Part, the Commission has all the powers of a commissioner under Part II of the Inquiries Act .
Public Service Employment Act — P-33.01 121
Persons acting for Commission 121 (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 120 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 120 in relation to the matter before the person.
Public Service Employment Act — P-33.01 122
Right to be heard 122 A person making an allegation under section 118 or 119 and the employee or deputy head against whom it is made — or their representatives — are entitled to be heard by the Commission, Commissioner or other person, whichever is conducting the investigation.
Public Service Employment Act — P-33.01 123
Regulations of Governor in Council 123 (1) The Governor in Council may, notwithstanding any other Act, make regulations applying to any organization or any part of any organization all or any of the provisions of this Act that do not otherwise apply to it. Application of other Acts (2) A regulation made under subsection (1) prevails over the provisions of any other Act or regulations made under any other Act respecting the same matter.
Public Service Employment Act — P-33.01 124
Application of regulations 124 A regulation made by the Commission, the Treasury Board or the Governor in Council under this Act may be of general application or may apply to a specified person, position, occupational group, organization or part of an organization, or any class of them, or in respect of a specified process or any class of process.
Public Service Employment Act — P-33.01 125
Appointment by Governor in Council 125 The Governor in Council may appoint and fix the remuneration of the Clerk of the Privy Council and Secretary to the Cabinet.
Public Service Employment Act — P-33.01 126
Clerk of Privy Council 126 The Clerk of the Privy Council and Secretary to the Cabinet is the head of the public service.
Public Service Employment Act — P-33.01 127
Report of head of the public service 127 The head of the public service shall submit a report on the state of the public service in each fiscal year to the Prime Minister, and the Prime Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Prime Minister receives it.
Public Service Employment Act — P-33.01 127.1
Appointment by Governor in Council 127.1 (1) The Governor in Council may appoint persons to the following positions and fix their remuneration: (a) deputy minister, associate deputy minister and positions of equivalent ranks; (b) deputy head, associate deputy head and positions of equivalent ranks; and (c) special adviser to a minister. Application of Part 7 (2) For greater certainty, the provisions of Part 7 applicable to deputy heads apply to persons appointed as such or as deputy ministers under subsection (1), and the provisions of that Part applicable to employees apply to other persons appointed under subsection (1). 2006, c. 9, s. 106
Public Service Employment Act — P-33.01 128
Ministerial staff 128 (1) A minister, or a person holding the recognized position of Leader of the Opposition in the House of Commons or Leader of the Opposition in the Senate, may appoint an executive assistant and other persons required in his or her office. Termination of employment (2) A person who is employed in an office referred to in subsection (1) ceases to be so employed thirty days after the person holding a position referred to in subsection (1) ceases to hold that position.
Public Service Employment Act — P-33.01 129
Regulations 129 The Governor in Council may make regulations applying all or any of the provisions of this Act to any of the positions of persons appointed by ministers under subsection 128(1).
Public Service Employment Act — P-33.01 130
Appointments by Governor in Council 130 The Governor in Council may appoint and fix the remuneration of (a) the Secretary to the Cabinet for Federal-Provincial Relations; (b) the Clerk of the Senate; (c) the Clerk of the House of Commons; and (d) the Secretary to the Governor General.
Public Service Employment Act — P-33.01 131
Diplomatic appointments 131 Nothing in this Act shall be construed as affecting the right or authority of Her Majesty to appoint ambassadors, ministers, high commissioners or consuls-general of Canada to another country or to appoint other persons to represent Canada in another country.
Public Service Employment Act — P-33.01 132
Transfer of employees 132 (1) Nothing in an order made under the Public Service Rearrangement and Transfer of Duties Act shall be construed as affecting the status of an employee who, immediately before the coming into force of the order, occupied a position in a portion of the core public administration the control or supervision of which has been transferred from one department or other portion of the core public administration to another, or in a department that has been amalgamated and combined, except that the employee shall, on the coming into force of the order, occupy that position in the department or other portion of the core public administration to which the control or supervision has been transferred or in the department as amalgamated and combined. Transfer of other staff (2) Where an order is made under the Public Service Rearrangement and Transfer of Duties Act , the Governor in Council may, by order made on the recommendation of the Treasury Board and where the Governor in Council is of the opinion that an employee or class of employees is carrying out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of employees referred to in subsection (1) and that it is in the best interests of the core public administration to do so, declare that the employee or class of employees shall, on the coming into force of the order, occupy their positions in the department or other portion of the core public administration where the employees referred to in subsection (1) are currently occupying their positions. Core public administration (3) For the purposes of this section, the core public administration consists of the departments, as defined in subsection 2(1), and the portions of the federal public administration named in Schedule IV to the Financial Administration Act .
Public Service Employment Act — P-33.01 133
Fraud 133 Every person who commits fraud in any appointment process is guilty of an offence punishable on summary conviction.
Public Service Employment Act — P-33.01 134
Authority to administer 134 The Commission or a deputy head may administer oaths and receive affidavits, declarations and solemn affirmations in relation to matters within their respective jurisdictions under this Act.
Public Service Employment Act — P-33.01 135
Access by Commission 135 Deputy heads and employees shall provide the Commission with any facilities, assistance, information and access to their respective offices that the Commission may require for the performance of its duties.
Public Service Employment Act — P-33.01 136
Review 136 The minister designated by the Governor in Council for the purposes of this section shall cause a review of this Act and its administration and operation to be conducted five years after this section comes into force, and that minister shall cause a report of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the review is completed.
Public Service Employment Act — P-33.01 1
d 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 ) 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 ) 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 ) 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
common-law partner , in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; ( conjoint de fait )