Report
|
12.4 (1) As soon as possible after the end of
each fiscal year, the President of the Treasury
Board must prepare and cause to be laid before
each House of Parliament a report concerning
the administration of sections 11 to 12.3 in that
year in respect of the core public
administration and every portion of the
federal public administration designated for
the purpose of paragraph (d) of the definition
``public service'' in subsection 11(1).
|
|
Consolidation
of reports
|
(2) The President of the Treasury Board
may, in respect of any fiscal year, prepare a
single report concerning the matters referred
to in subsection (1) and those referred to in
subsections 21(1) and (2) of the Employment
Equity Act if he or she considers it appropriate
to do so.
|
|
|
9. (1) Subsection 13(1) of the English
version of the Act is replaced by the
following:
|
|
Right or
power of
Governor in
Council not
affected
|
13. (1) Subject to subsection (2), nothing in
this Act or any other Act of Parliament is to be
construed as limiting or affecting the right or
power of the Governor in Council to suspend
or dismiss, on the basis of a security
assessment, any person employed in the
public service.
|
|
|
(2) Subsection 13(2) of the Act is replaced
by the following:
|
|
Restriction
|
(2) If a person has made a complaint with
respect to a security assessment to the Security
Intelligence Review Committee established
by subsection 34(1) of the Canadian Security
Intelligence Service Act, that person may not
be dismissed by the Governor in Council until
after the completion of the investigation in
relation to that complaint.
|
|
|
10. Schedule I to the Act is amended by
replacing the section reference after the
heading ``SCHEDULE I'' with the
following:
|
|
|
(Sections 2 and 11)
|
|
|
11. The Act is amended by adding, after
Schedule III, the schedules set out in
Schedule 1 to this Act.
|
|
|
PART 3 |
|
|
PUBLIC SERVICE EMPLOYMENT ACT |
|
|
DIVISION 1 |
|
|
ENACTMENT OF ACT |
|
|
12. The Public Service Employment Act is
enacted as follows:
|
|
|
An Act respecting employment in the public
service
|
|
Preamble
|
Recognizing that
|
|
|
the public service has contributed to the
building of Canada, and will continue to do so
in the future while delivering services of
highest quality to the public;
|
|
|
Canada will continue to benefit from a
public service that is based on merit and
non-partisanship and in which these values are
independently safeguarded;
|
|
|
Canada will also continue to gain from a
public service that strives for excellence, that
is representative of Canada's diversity and
that is able to serve the public with integrity
and in their official language of choice;
|
|
|
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;
|
|
|
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;
|
|
|
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;
|
|
|
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
|
|
|
the Government of Canada is committed to
a public service 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;
|
|
|
NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
|
|
|
SHORT TITLE |
|
Short title
|
1. This Act may be cited as the Public
Service Employment Act.
|
|
|
INTERPRETATION |
|
Definitions
|
2. (1) The following definitions apply in
this Act.
|
|
``Commission
'' « Commission »
|
``Commission'' means the Public Service
Commission continued by subsection 4(1).
|
|
``department'' « ministère »
|
``department'' means
|
|
|
|
|
|
|
|
|
|
|
``deployment'
' « mutation »
|
``deployment'' means the transfer of a person
from one position to another in accordance
with Part 3.
|
|
``deputy
head'' « administrate ur général »
|
``deputy head'' means
|
|
|
|
|
|
|
|
|
|
|
``employee'' « fonctionnair e »
|
``employee'' means a person employed in that
part of the public service to which the
Commission has exclusive authority to
make appointments.
|
|
``employer'' « employeur »
|
``employer'' means
|
|
|
|
|
|
|
|
``external
appointment
process'' « processus de nomination externe »
|
``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.
|
|
``internal
appointment
process'' « processus de nomination interne »
|
``internal appointment process'' means a
process for making one or more
appointments in which only persons
employed in the public service may be
considered.
|
|
``minister'' « ministre »
|
``minister'', except in section 131, means any
minister referred to in section 4 of the
Salaries Act and any minister of State
referred to in the Ministries and Ministers of
State Act.
|
|
``organization
'' « administrati on »
|
``organization'' means any portion of the
federal public administration named in
Schedule I, IV or V to the Financial
Administration Act.
|
|
``public
service'' « fonction publique »
|
``public service'' means the several positions
in or under
|
|
|
|
|
|
|
|
|
|
|
``separate
agency'' « organisme distinct »
|
``separate agency'' means an organization
named in Schedule V to the Financial
Administration Act.
|
|
``Tribunal'' « Tribunal »
|
``Tribunal'' means the Public Service Staffing
Tribunal continued by subsection 88(1).
|
|
|
|
|
|
|
|
References to
deputy head
|
(2) In this Act, unless the context otherwise
requires,
|
|
|
|
|
|
|
|
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.
|
|
Descriptive
cross-referenc
es
|
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.
|
|
|
PART 1 |
|
|
PUBLIC SERVICE COMMISSION, DEPUTY HEADS AND EMPLOYER |
|
|
Commission |
|
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
Commissioner
s
|
(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-appointme
nt
|
(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).)
|
|
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
Superannuati
on 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.
|
|
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.
|
|
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.
|
|
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.
|
|
Human
resources
|
9. The Commission may appoint the
persons necessary for the proper conduct of its
work in the manner authorized by this Act.
|
|
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
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.
|
|