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Bill C-25

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Offence

Fraud

133. Every person who commits fraud in any appointment process is guilty of an offence punishable on summary conviction.

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.

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.

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.

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.

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:

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.

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

(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.

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 .

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.

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.

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.

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

      (a) an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or other municipality, however designated; or

      (b) any other local or regional authority that is determined by the Governor in Council to be a municipality for the purposes of this section and sections 32.1 to 34.

``political activity''
« activité politique »

``political activity'' means

      (a) carrying on any activity in support of, within or in opposition to a political party;

      (b) carrying on any activity in support of or in opposition to a candidate in an election; or

      (c) seeking nomination as or being a candidate in an election.

``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

    (a) the employee taking a leave of absence without pay during the period in which he or she seeks nomination as a candidate or is a candidate; and

    (b) the employee taking a leave of absence without pay or ceasing to be an employee if he or she is declared elected.

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: