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Bill C-25

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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
	(a) an organization named in Schedule I to the Financial Administration Act;
	(b) any other organization that is designated by the Governor in Council as a department for the purposes of this Act; or
	(c) any part of any organization that is designated by the Governor in Council as a department for the purposes of this Act.
``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
	(a) in relation to an organization named in Schedule I to the Financial Administration Act, its deputy minister;
	(b) in relation to any organization or part of an organization that is designated as a department under this Act, the person that the Governor in Council designates as the deputy head for the purposes of this Act; and
	(c) in relation to any organization named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive authority to make appointments, its chief executive officer or, if there is no chief executive officer, the person designated by the Governor in Council as its deputy head for the purposes of this Act.
``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
	(a) the Treasury Board, in relation to an organization named in Schedule I or IV to the Financial Administration Act; or
	(b) in relation to a separate agency to which the Commission has exclusive authority to make appointments, that separate agency.
``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
	(a) the departments named in Schedule I to the Financial Administration Act;
	(b) the organizations named in Schedule IV to that Act; and
	(c) the separate agencies named in Schedule V to that Act.
``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,
	(a) a reference to a deputy head in relation to an employee shall be construed as a reference to the deputy head of the department or other organization, as the case may be, in which the employee is employed; and
	(b) a reference to a deputy head in relation to an appointment shall be construed as a reference to the deputy head of the department or other organization, as the case may be, in which the appointment is made.
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.