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|
Diplomatic Personnel |
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| Diplomatic
appointments
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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.
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Block Transfers |
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| 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.
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| 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.
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| 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.
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Offence |
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| Fraud
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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 |
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| 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 |
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| 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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Five-year Review |
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| 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.
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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 |
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| R.S., c. P-33
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AMENDMENTS TO THE PUBLIC SERVICE EMPLOYMENT ACT |
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| 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
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3. (1) A commission is established, to be
called the Public Service Commission,
consisting of a President and two or more
other Commissioners.
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| Eligibility
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(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.
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| 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
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.
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| Tenure and
term of office
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(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.
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| 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.
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| Oath or
affirmation
|
(8) 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
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3.1 (1) The Commissioners shall be paid the
remuneration determined by the Governor in
Council.
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| Expenses
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(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.
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| 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.
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| President
|
4. (1) The President is the chief executive
officer of the Commission.
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| Residence
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(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.
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| 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.
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| Vacancy
|
(2) A vacancy in the membership of the
Commission does not impair the right of the
remaining Commissioners to act.
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| 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.
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| 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.
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| 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.
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|
| 1992, c. 54,
s. 6(1)
|
15. Subsection 6(1) of the Act is replaced
by the following:
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| 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.
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|
| 1992, c. 54,
s. 8
|
16. Section 7.4 of the Act is replaced by
the following:
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| 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.
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|
| 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:
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Political Activities |
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| Definitions
|
32. (1) The following definitions apply in
this section and sections 32.1 to 34.
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| ``election'' « élection »
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``election'' means a federal, provincial,
territorial or municipal election.
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| ``federal
election'' « élection fédérale »
|
``federal election'' means an election to the
House of Commons.
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| ``municipal
election'' « élection municipale »
|
``municipal election'' means an election as the
mayor or a member of the council of a
municipality.
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| ``municipality
'' « municipalité »
|
``municipality'' means
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| ``political
activity'' « activité politique »
|
``political activity'' means
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| ``provincial
election'' « élection provinciale »
|
``provincial election'' means an election to the
legislature of a province.
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| ``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.
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|
| 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(5) and the Chairperson of the Tribunal
designated under subsection 49(4).
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| 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.
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| 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.
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| 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.
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| 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.
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| Seeking
candidacy
|
32.3 (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.
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| 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.
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|
| 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.
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|
| 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.
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| 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.
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| 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.
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|
| 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.
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|
| 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.
|
|
| Candidacy in
municipal
elections
|
33. (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.
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| 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
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| Notice
|
33.1 On granting an employee permission
under subsection 32.3(4), leave under
subsection 32.3(5) or permission under
subsection 33(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.
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|
| 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 any of
subsections 32.2(1), 32.3(1) to (3) and 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.
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