|
|
Offence |
|
| Fraud
|
133. Every person who commits fraud in
any appointment process is guilty of an
offence punishable on summary conviction.
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|
|
|
Oaths and Affirmations |
|
| 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.
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|
|
|
Access to Facilities and Information |
|
| 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.
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|
|
|
Seven-year Review |
|
| 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
seven 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.
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|
| Schedule to
the Public
Service
Employment
Act
|
13. The schedule to the Public Service
Employment Act enacted by section 12 of
this Act is set out in Schedule 2 to this Act.
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|
|
|
DIVISION 2 |
|
| R.S., c. P-33
|
AMENDMENTS TO THE PUBLIC SERVICE EMPLOYMENT ACT |
|
| 1992, c. 54,
ss. 3 and
31(E)
|
14. Sections 3 and 4 of the Public Service
Employment Act, being chapter P-33 of the
Revised Statutes of Canada, 1985, are
replaced by the following:
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|
| Commission
established
|
3. (1) A commission is established, to be
called the Public Service Commission,
consisting of a President and two or more
other Commissioners appointed by the
Governor in Council.
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|
| 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.
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|
| 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.
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|
| Appointment
|
(5) A Commissioner holds office during
good behaviour for a period of seven years,
but may be removed by the Governor in
Council on address of the Senate and House of
Commons.
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|
| Re-appointme
nt
|
(6) A Commissioner is eligible for
re-appointment to the Commission, in the
same or another capacity, for a second term of
office not exceeding seven years.
|
|
| Oath of office
|
(7) Before commencing his or her
functions , each Commissioner shall take an
oath or make a solemn affirmation in the form
set out in Schedule I before the Clerk of the
Privy Council or the person designated by the
Clerk .
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|
| Salaries
|
3.1 (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
Superannuati
on Act
|
(3) The President is deemed to be employed
in the public service for the purposes of the
Public Service Superannuation Act.
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|
| 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.
|
|
| President
|
4. (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 subsection 47(1)
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
|
4.1 (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.
|
|
| Head office
|
4.2 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
|
4.3 The Commission may appoint the
persons necessary for the proper conduct of its
work in the manner authorized by this Act.
|
|
| Experts and
advisers
|
4.4 (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
Superannuati
on 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.
|
|
| 1992, c. 54,
s. 6(1)
|
15. Subsection 6(1) of the Act is replaced
by the following:
|
|
| Delegation to
deputy head
|
6. (1) The Commission may authorize a
deputy head to exercise and perform, in such
manner and subject to such terms and
conditions as the Commission directs, any of
the powers, functions and duties of the
Commission under this Act, other than the
powers, functions and duties of the
Commission under sections 7.1, 21, 32 to 34,
34.4 and 34.5.
|
|
| 1992, c. 54,
s. 8
|
16. Section 7.4 of the Act is replaced by
the following:
|
|
| Powers of
boards
|
7.4 Subject to such restrictions or
limitations as the Commission may specify, a
board established under subsection 6(3) or
21(1) or 21(1.1) has, in relation to the matter
before it, the powers referred to in section 7.2.
|
|
| 1993, c. 28,
s. 78 (Sch III,
ss. 123 and
124 (E))
|
17. The heading before section 32 and
sections 32 to 34 of the Act are replaced by
the following:
|
|
|
|
Political Activities |
|
| Definitions
|
32. (1) The following definitions apply in
this section and sections 32.1 to 34.
|
|
| ``election'' « élection »
|
``election'' means a federal, provincial,
territorial or municipal election.
|
|
| ``federal
election'' « élection fédérale »
|
``federal election'' means an election to the
House of Commons.
|
|
| ``municipal
election'' « élection municipale »
|
``municipal election'' means an election as the
mayor or a member of the council of a
municipality.
|
|
| ``municipality
'' « municipalité »
|
``municipality'' means
|
|
|
|
|
|
|
|
|
|
| ``political
activity'' « activité politique »
|
``political activity'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| ``provincial
election'' « élection provinciale »
|
``provincial election'' means an election to the
legislature of a province.
|
|
| ``territorial
election'' « élection territoriale »
|
``territorial election'' means an election to the
Council of the Yukon or the Northwest
Territories or the Legislative Assembly of
Nunavut.
|
|
| Meaning of
``deputy
head''
|
(2) For the purposes of this section and
sections 32.1 to 34, ``deputy head'' includes a
Commissioner appointed under subsection
3(1) and the Chairperson of the Tribunal
designated under subsection 49(4).
|
|
| Purpose
|
32.1 The purpose of sections 32.2 to 34 is to
recognize the right of employees to engage in
political activities while maintaining the
principle of political impartiality in the public
service.
|
|
| Permitted
activities
|
32.2 (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 the 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 a regulation, 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.
|
|
| Candidacy in
federal,
provincial or
territorial
elections
|
32.3 (1) An employee may seek nomination
as or 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
leave
|
(2) The Commission may grant the leave of
absence only if it 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 would 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.
|
|
| Effect of
election
|
(4) An employee ceases to be an employee
on the day he or she is declared elected in a
federal, provincial or territorial election.
|
|
| Candidacy in
municipal
elections
|
33. (1) An employee may seek nomination
as, or be, a candidate in a municipal election
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
|
|
|
|
|
|
|
|
|
|
| Notice
|
33.1 On granting an employee a leave of
absence referred to in section 32.3 or
permission under section 33, the Commission
shall cause notice that it has done so, together
with the name of that employee, to be
published in the Canada Gazette.
|
|
| Political
activities
|
33.2 A deputy head shall not engage in any
political activity other than voting in an
election.
|
|
| Investigation
and corrective
action -
employees
|
33.3 The Commission may investigate any
allegation, made to it by a person who is or has
been a candidate in an election, that an
employee has failed to comply with
subsection 32.2(1), 32.3(1) or 33(1) and, if it
concludes that the allegation is substantiated,
the Commission may dismiss the employee or
may take any corrective action that it
considers appropriate.
|
|
| Investigation
and
dismissal -
deputy head
|
33.4 (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 33.2 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.
|
|
| Powers under
Inquiries Act
|
33.5 In conducting any investigation under
this Part, the Commission has all the powers
of a commissioner under Part II of the
Inquiries Act.
|
|
| Persons acting
for
Commission
|
33.6 (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 33.5 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 33.5 in
relation to the matter before the person.
|
|
| Right to be
heard
|
34. A person making an allegation under
section 33.3 or 33.4 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.
|
|
|
|
18. Subsection 36(1) of the Act is
amended by adding the word ``and'' at the
end of paragraph (a), by striking out the
word ``and'' at the end of paragraph (b) and
by repealing paragraph (c).
|
|
|
|
19. The Act is amended by adding the
following after section 48:
|
|