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(b) has the right to make a complaint under
section 77.
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| Mobility -
designated
organizations
|
(2) A person not otherwise employed in the
public service who is employed in any portion
of the federal public administration
designated under subsection (4)
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(a) may participate in an advertised
appointment process for which the
organizational criterion established under
section 34 entitles all persons employed in
the public service to be considered, as long
as the person meets the other criteria, if any,
established under that section; and
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(b) has the right to make a complaint under
section 77.
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| Mobility -
employees of
Tribunal
|
(3) A person employed by the Tribunal
under subsection 95(1) 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.
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| Designation
|
(4) The Governor in Council may, on the
recommendation of the Commission,
designate any portion of the federal public
administration for the purposes of subsection
(2).
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| Revocation
|
(5) The Governor in Council may, on the
recommendation of the Commission, revoke
any designation under subsection (4).
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| Assessment
methods
|
36. In making an appointment, the
Commission may use any assessment method,
such as a review of past performance and
accomplishments, interviews and
examinations, that it considers appropriate to
determine whether a person meets the
qualifications referred to in paragraph
30(2)(a) and subparagraph 30(2)(b)(i).
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| Language of
examination
|
37. (1) An examination or interview, when
conducted for the purpose of assessing
qualifications referred to in paragraph
30(2)(a) and subparagraph 30(2)(b)(i), other
than language proficiency, shall be conducted
in English or French or both at the option of the
candidate.
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| Testing for
language
skills
|
(2) An examination or interview, when
conducted for the purpose of assessing the
qualifications of the candidate in the
knowledge and use of English or French or
both, or of a third language, shall be conducted
in that language or those languages.
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| Exceptions to
merit
|
38. Paragraph 30(2)(b) does not apply in
relation to any appointment made under
subsection 15(6) (re-appointment on
revocation by deputy head), section 40
(priorities - surplus employees), any of
subsections 41(1) to (4) (other priorities) or
section 73 (re-appointment on revocation by
Commission) or 86 (re-appointment
following Tribunal order), or under any
regulations made pursuant to paragraph
22(2)(a).
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| Preference to
veterans and
Canadian
citizens
|
39. (1) In an advertised external
appointment process, subject to any priorities
established under paragraph 22(2)(a) and by
sections 40 and 41, any of the following who,
in the Commission's opinion, meet the
essential qualifications referred to in
paragraph 30(2)(a) shall be appointed ahead
of other candidates, in the following order:
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(a) a person who is in receipt of a pension
by reason of war service, within the
meaning of the schedule;
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(b) a veteran or a survivor of a veteran,
within the meaning of the schedule; and
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(c) a Canadian citizen, within the meaning
of the Citizenship Act, in any case where a
person who is not a Canadian citizen is also
a candidate.
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| Application of
merit
|
(2) Where the Commission is satisfied that
two or more candidates described in any of
paragraphs (1)(a) to (c) meet the essential
qualifications referred to in paragraph
30(2)(a), paragraph 30(2)(b) applies in the
selection of a person from among the
candidates described in that paragraph.
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| Priority -
surplus
employees
|
40. Notwithstanding section 41, after a
deputy head informs an employee that the
employee will be laid off pursuant to
subsection 64(1) and before the lay-off
becomes effective, the Commission may
appoint the employee in priority to all other
persons to another position under the deputy
head's jurisdiction if the Commission is
satisfied that the employee meets the essential
qualifications referred to in paragraph
30(2)(a) and that it is in the best interests of the
public service to make the appointment.
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| Priority -
persons on
leave
|
41. (1) When an employee on leave of
absence is replaced, pursuant to the
appointment or deployment of another person
for an indeterminate period to the employee's
position, priority for appointment shall be
given over all other persons to
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(a) the employee on leave of absence, for
the duration of the leave of absence and a
further period of one year; or
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(b) if the employee on leave of absence
returns to his or her position, the person who
replaced that employee, for a period of one
year after that employee returns to the
position.
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| Priority -
minister's
staff
|
(2) Priority for appointment over all other
persons shall be given to a person employed in
the office of a minister, or in the office of a
person holding the recognized position of
Leader of the Opposition in the Senate or
Leader of the Opposition in the House of
Commons, for a period of one year after the
person ceases to be so employed, if
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(a) the person was an employee
immediately before becoming employed in
that office; or
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(b) while employed in that office the person
was found by the Commission, in an
advertised external appointment process, to
have met the essential qualifications for an
appointment to the public service.
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| Priority -
minister's
senior staff
|
(3) Priority for appointment, to a position at
a level at least equivalent to that of executive
assistant to a deputy head, shall be given over
all other persons to a person who for at least
three years has been employed as the
executive assistant, special assistant or private
secretary in an office referred to in subsection
(2) or in any of those capacities successively,
for a period of one year after they cease to be
employed.
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| Priority -
persons laid
off
|
(4) Priority for appointment over all other
persons shall be given, during the period
determined by the Commission, to a person
who is laid off pursuant to subsection 64(1).
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| Essential
qualifications
|
(5) The priority of a person referred to in
any of subsections (1) to (4) applies with
respect to any position if the Commission is
satisfied that that person meets the essential
qualifications referred to in paragraph
30(2)(a).
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| Order of
priorities
|
(6) The order of appointment among
persons described in subsections (1) to (4)
shall follow the order of those subsections,
and persons described in each of those
subsections shall be appointed in the order
determined by the Commission.
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| Failure to
appoint
person on
leave
|
42. A person who is entitled under
subsection 41(1) to be appointed to a position
and who is not so appointed in the applicable
period provided for in that subsection ceases
to be an employee at the end of that period.
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| Non-applicati
on of priority
provisions
|
43. Notwithstanding sections 40 and 41 and
any regulations made under paragraph
22(2)(a), if the Commission considers that the
appointment of a person who has a right to be
appointed in priority to other persons under
any of those provisions will result in another
person having a priority right, the
Commission may decide not to apply that
provision in that case.
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| Participation
in advertised
process -
lay-offs
|
44. A person who is laid off under
subsection 64(1) is entitled, during any period
that the Commission determines for any case
or class of cases, to participate in any
advertised appointment process for which the
person would have been eligible had the
person not been laid off.
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| Non-applicati
on to term
employees
|
45. Section 40, subsection 41(4) and section
44 do not apply to a person whose
employment was for a specified term at the
time they were informed that they would be
laid off.
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| Deemed
lay-off
|
46. For the purposes of subsection 41(4) and
section 44, a person who, while employed in
the public service, does not accept an offer of
employment made in the circumstances
referred to in paragraph 12(1)(f) of the
Financial Administration Act that is a
reasonable job offer within the meaning of an
agreement respecting work force adjustment
or who accepts an offer of employment, made
in such circumstances, that is not a reasonable
job offer within the meaning of such an
agreement, is deemed to be laid off.
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| Informal
discussion
with
employee
|
47. Where a person is informed by the
Commission, at any stage of an internal
appointment process, that the person has been
eliminated from consideration for
appointment, the Commission may, at that
person's request, informally discuss its
decision with that person.
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| Persons being
considered for
appointment
|
48. (1) After the assessment of candidates is
completed in an internal appointment process,
the Commission shall, in any manner that it
determines, inform the following persons of
the name of the person being considered for
each appointment:
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(a) in the case of an advertised internal
appointment process, the persons in the area
of selection determined under section 34
who participated in that process; and
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(b) in the case of a non-advertised internal
appointment process, the persons in the area
of selection determined under section 34.
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| Waiting
period
|
(2) For the purposes of internal appointment
processes, the Commission shall fix a period,
beginning when the persons are informed
under subsection (1), during which
appointments or proposals for appointment
may not be made.
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| Appointment
or proposed
appointment
|
(3) Following the period referred to in
subsection (2), the Commission may appoint
a person or propose a person for appointment,
whether or not that person is the one
previously considered, and the Commission
shall so inform the persons who were advised
under subsection (1).
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| Finality of
appointments
|
49. The Commission's decision to appoint
a person or to propose a person for
appointment is final and is not subject to
appeal or review except in accordance with
this Act.
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| Appointment
|
50. (1) The Commission may appoint any
person as a casual worker to that part of the
public service to which the Commission has
exclusive authority to make appointments.
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| Maximum
period
|
(2) The period of employment of a casual
worker may not exceed 90 working days in
one calendar year in any particular department
or other organization.
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| Application of
Act
|
(3) The provisions of this Act, other than
this section, do not apply to casual workers.
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| Ineligibility
|
(4) A casual worker is not eligible to be
considered for appointment in any internal
appointment process.
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| Term
appointments
|
(5) This section does not affect the
Commission's authority to appoint a person to
or from within the public service, other than
on a casual basis, for a specified term of ninety
working days or less.
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| 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.
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| 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.
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| 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.
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| 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.
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| Employment
status
preserved
|
(5) The deployment of a person may not
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(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
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(b) change a person's period of employment
from a specified term to indeterminate.
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| Consent to
deployment
|
(6) No person may be deployed without his
or her consent unless
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(a) agreement to being deployed is a
condition of employment of the person's
current position; or
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(b) the deputy head of the organization in
which the person is employed finds, after
investigation, that the person has harrassed
another person in the course of his or her
employment and the deployment is made
within the same organization.
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| 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.
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| Deployment
not an
appointment
|
53. (1) A deployment is not an appointment
within the meaning of this Act.
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| Exceptions to
priority rights
|
(2) A deputy head may deploy a person
without regard to any other person's right to be
appointed under subsections 41(1) to (4) or
any regulations made pursuant to paragraph
22(2)(a).
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| 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:
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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).)
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| 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.
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| 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.
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| 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
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(a) on the date agreed to in writing by that
person and the deputy head, regardless of
the date of their agreement; or
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(b) if the person's consent to the
deployment is not required, on the date
fixed by the deputy head.
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| 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.
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| 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).
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| 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.
|
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| Acting
appointments
|
(3) This section does not apply in respect of
appointments made on an acting basis.
|
|
| 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.
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| 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.
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| 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.
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| Probationary
period
|
61. (1) A person appointed from outside the
public service is on probation for a period
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(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
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