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| Mandate
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11. The mandate of the Commission is
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(a) to appoint, or provide for the
appointment of, persons to or from within
the public service in accordance with this
Act;
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(b) to conduct investigations and audits in
accordance with this Act; and
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(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
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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
Commissioner
s 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
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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 Public Service
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.
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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.
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| Revision or
rescission
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(2) Subject to subsection (3), the
Commission may revise or rescind an
authorization granted under this section.
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| Revocation of
appointments
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(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.
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| Exception
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(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.
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| Commission
jurisdiction
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(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.
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| Re-appointme
nt 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).
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| Audits by
Commission
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17. 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.
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| Powers of
Commission
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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
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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.
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| Powers of
Commissioner
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(2) In relation to a matter before a
Commissioner under subsection (1), the
Commissioner has the powers referred to in
section 18.
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| Powers of
other persons
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(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.
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| 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.
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| Re-applicatio
n 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.
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| Regulations
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(2) Without limiting the generality of
subsection (1), the Commission may make
regulations
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(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 section 40 and subsections
41(1) to (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);
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(b) determining the order of priority of the
rights to appointment established by any
regulations made under paragraph (a);
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(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;
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(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;
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(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;
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(f) respecting the disclosure of information
obtained in the course of an investigation
under this Act;
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(g) defining ``incumbent-based process''
for the purposes of subsection 34(1);
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(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; and
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(i) respecting the manner of laying off
employees and the manner of selecting
employees to be laid off, for the purposes of
section 64.
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| Preparation of
report
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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.
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| Tabling in
Parliament
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(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.
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| 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.
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| 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,
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(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
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(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
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(a) respecting deployments;
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(b) defining the word ``promotion'' for the
purposes of subsection 51(5);
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(c) establishing periods of probation for the
purposes of subsection 61(1) and notice
periods for the purposes of subsection
62(1); and
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(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.
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| Policies of
separate
agencies
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(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.
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| Consultation
by employer
|
27. An employer shall, on request or if it
considers consultation necessary or desirable,
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(a) consult with the Commission, or any
employee organization certified as a
bargaining agent under the Public Service
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
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(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).
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| President of
Treasury
Board
|
28. As soon as possible after the end of each
fiscal year, the President of the Treasury
Board shall prepare a report on the exercise of
the Treasury Board's responsibilities under
this Act for that fiscal year, and shall cause the
report to be laid before each House of
Parliament.
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| 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.
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| 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.
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| Commission
policies
|
(3) The Commission may establish policies
respecting the manner of making and revoking
appointments and taking corrective action.
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| 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.
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| Meaning of
merit
|
(2) An appointment is made on the basis of
merit when
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(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
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(b) the Commission has regard to
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(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,
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(ii) any current or future operational
requirements of the organization that
may be identified by the deputy head, and
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(iii) any current or future needs of the
organization that may be identified by
the deputy head.
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| 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.
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| Interpretation
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(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.
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| 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.
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| 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).
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| 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.
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| Appointment
processes
|
33. In making an appointment, the
Commission may use an advertised or
non-advertised appointment process.
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| 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.
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| 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.
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| Mobility -
separate
agencies
|
35. (1) Unless otherwise provided in any
other Act, a person employed in a separate
agency to which the Commission does not
have the exclusive authority to make
appointments
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(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
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