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Bill C-25

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	(b) determined by a separate agency in respect of the class of employees of which that person is a member, in the case of an organization that is a separate agency to which the Commission has exclusive authority to make appointments.
Effect of appointment or deployment	(2) A period established pursuant to subsection (1) is not terminated by any appointment or deployment made during that period.
Termination of employment	62. (1) While an employee is on probation, the deputy head of the organization may notify the employee that his or her employment will be terminated at the end of
	(a) the notice period established by regulations of the Treasury Board in respect of the class of employees of which that employee is a member, in the case of an organization named in Schedule I or IV to the Financial Administration Act, or
	(b) the notice period determined by the separate agency in respect of the class of employees of which that employee is a member, in the case of a separate agency to which the Commission has exclusive authority to make appointments,
	and the employee ceases to be an employee at the end of that notice period.
Compensation in lieu of notice	(2) Instead of notifying an employee under subsection (1), the deputy head may notify the employee that his or her employment will be terminated on the date specified by the deputy head and that they will be paid an amount equal to the salary they would have been paid during the notice period under that subsection.
Resignation	63. An employee may resign from the public service by giving the deputy head notice in writing of his or her intention to resign, and the employee ceases to be an employee on the date specified by the deputy head in writing on accepting the resignation, regardless of the date of the acceptance.
Laying off of employees	64. (1) Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside those portions of the federal public administration named in Schedule I, IV or V to the Financial Administration Act, the deputy head may, in accordance with the regulations of the Commission, lay off the employee, in which case the deputy head shall so advise the employee.
Selection of employees	(2) Where the deputy head determines under subsection (1) that some but not all of the employees in any part of the deputy head's organization will be laid off, the employees to be laid off shall be selected in accordance with the regulations of the Commission.
Exception	(3) Subsection (1) does not apply where employment is terminated in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act.
Effect of lay-off	(4) An employee ceases to be an employee when the employee is laid off.
Complaint to Tribunal re lay-off	65. (1) Where some but not all of the employees in a part of an organization are informed by the deputy head that they will be laid off, any employee selected for lay-off may make a complaint to the Tribunal, in the manner and within the time fixed by the Tribunal's regulations, that his or her selection constituted an abuse of authority.
Limitation	(2) No complaint may be made under subsection (1) against the decision to lay off employees, the determination of the part of the organization from which employees will be laid off or the number of employees to be laid off from that part.
Right to be heard	(3) A complainant, every other employee in the part of the organization referred to in subsection (1), the deputy head and the Commission - or their representatives - are entitled to be heard by the Tribunal.
Lay-off set aside	(4) Where the Tribunal finds a complaint under subsection (1) to be substantiated, it may set aside the decision of the deputy head to lay off the complainant and order the deputy head to take any corrective action that it considers appropriate, other than the lay-off of any employee.
Notice to Canadian Human Rights Commission	(5) Where a complaint raises an issue involving the interpretation or application of the Canadian Human Rights Act, the complainant shall, in accordance with the regulations of the Tribunal, notify the Canadian Human Rights Commission of the issue.
Canadian Human Rights Commission	(6) Where the Canadian Human Rights Commission is notified of an issue pursuant to subsection (5), it may make submissions to the Tribunal with respect to that issue.
Application of Canadian Human Rights Act	(7) In considering whether a complaint is substantiated, the Tribunal may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value.
Relief for discrimination	(8) Corrective action may include an order for relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act.
	PART 5
	INVESTIGATIONS AND COMPLAINTS RELATING TO APPOINTMENTS
	Investigation of Appointments by Commission
External appointments	66. The Commission may investigate any external appointment process and, if it is satisfied that the appointment was not made or proposed to be made on the basis of merit, or that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may
	(a) revoke the appointment or not make the appointment, as the case may be; and
	(b) take any corrective action that it considers appropriate.
Internal appointments - no delegation	67. (1) The Commission may investigate an internal appointment process, other than one conducted by a deputy head acting under subsection 15(1), and, if it is satisfied that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may
	(a) revoke the appointment or not make the appointment, as the case may be; and
	(b) take any corrective action that it considers appropriate.
Internal appointments - delegation	(2) The Commission may, at the request of the deputy head, investigate an internal appointment process that was conducted by a deputy head acting under subsection 15(1), and report its findings to the deputy head and the deputy head may, if satisfied that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment,
	(a) revoke the appointment or not make the appointment, as the case may be; and
	(b) take any corrective action that he or she considers appropriate.
Political influence	68. If it has reason to believe that an appointment or proposed appointment was not free from political influence, the Commission may investigate the appointment process and, if it is satisfied that the appointment or proposed appointment was not free from political influence, the Commission may
	(a) revoke the appointment or not make the appointment, as the case may be; and
	(b) take any corrective action that it considers appropriate.
Fraud	69. If it has reason to believe that fraud may have occurred in an appointment process, the Commission may investigate the appointment process and, if it is satisfied that fraud has occurred, the Commission may
	(a) revoke the appointment or not make the appointment, as the case may be; and
	(b) take any corrective action that it considers appropriate.
Powers of Commission	70. (1) In conducting any investigation under this Part, the Commission has all the powers of a commissioner under Part II of the Inquiries Act.
Informality	(2) An investigation shall be conducted by the Commission as informally and expeditiously as possible.
Persons acting for Commission	71. (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 70 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 70 in relation to the matter before the person.
Right to make submissions	72. Where an investigation is conducted under this Part in relation to a person's appointment or proposed appointment, that person and the deputy head in relation to the appointment - or their representatives - are entitled to make submissions to the Commission, Commissioner or other person, whichever is conducting the investigation.
Re-appointme nt following revocation	73. Where the appointment of a person is revoked under any of sections 66 to 69, the Commission may appoint that person to another position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a).
	Complaints to Tribunal - Revocation of Appointment
Complaint	74. A person whose appointment is revoked by the Commission under subsection 67(1) or by the deputy head under subsection 15(3) or 67(2) may, in the manner and within the period provided by the Tribunal's regulations, make a complaint to the Tribunal that the revocation was unreasonable.
Right to be heard	75. Where a complaint is made under section 74, the complainant, the deputy head and the Commission - or their representatives - are entitled to be heard by the Tribunal.
Revocation set aside	76. Where the Tribunal finds a complaint under section 74 to be substantiated, it may order the Commission or the deputy head, as the case may be, to set aside the revocation.
	Complaints to Tribunal - Internal Appointments
Grounds of complaint	77. (1) When the Commission has made or proposed an appointment in an internal appointment process, a person in the area of recourse referred to in subsection (2) may - in the manner and within the period provided by the Tribunal's regulations - make a complaint to the Tribunal that he or she was not appointed or proposed for appointment by reason of
	(a) an abuse of authority by the Commission or the deputy head in the exercise of its or his or her authority under subsection 30(2);
	(b) an abuse of authority by the Commission in choosing between an advertised and a non-advertised internal appointment process; or
	(c) the failure of the Commission to assess the complainant in the official language of his or her choice as required by subsection 37(1).
Area of recourse	(2) For the purposes of subsection (1), a person is in the area of recourse if the person is
	(a) an unsuccessful candidate in the area of selection determined under section 34, in the case of an advertised internal appointment process; and
	(b) any person in the area of selection determined under section 34, in the case of a non-advertised internal appointment process.
Excluded grounds	(3) The Tribunal may not consider an allegation that fraud occurred in an appointment process or that an appointment or proposed appointment was not free from political influence.
Notice to Canadian Human Rights Commission	78. Where a complaint raises an issue involving the interpretation or application of the Canadian Human Rights Act, the complainant shall, in accordance with the regulations of the Tribunal, notify the Canadian Human Rights Commission of the issue.
Right to be heard	79. (1) A person making a complaint under section 77, the person appointed or proposed for appointment, the deputy head and the Commission - or their representatives - are entitled to be heard by the Tribunal.
Canadian Human Rights Commission	(2) Where the Canadian Human Rights Commission is notified of an issue pursuant to section 78, it may make submissions to the Tribunal with respect to that issue.
Application of Canadian Human Rights Act	80. In considering whether a complaint under section 77 is substantiated, the Tribunal may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value.
Corrective action when complaint upheld	81. (1) If the Tribunal finds a complaint under section 77 to be substantiated, the Tribunal may order the Commission or the deputy head to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Tribunal considers appropriate.
Relief for discrimination	(2) Corrective action taken under subsection (1) may include an order for relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act.
Restrictions	82. The Tribunal may not order the Commission to make an appointment or to conduct a new appointment process.
Failure of corrective action	83. Where the Commission has made or proposed an appointment as a result of the implementation of corrective action ordered under section 81, a complaint may be made to the Tribunal, in the manner and within the period provided by its regulations, by
	(a) the person who made the complaint under section 77,
	(b) the person who was the subject of the appointment or proposed appointment referred to in subsection 77(1), or
	(c) any other person directly affected by the implementation of the corrective action,
	on the grounds that the person was not appointed or proposed for appointment by reason of an abuse of authority by the Commission or deputy head in the implementation of the corrective action.
Powers of Tribunal	84. Where the Tribunal finds a complaint under section 83 to be substantiated, it may
	(a) order the Commission or the deputy head to revoke the appointment made as a result of the implementation of the corrective action, or not to make the appointment, as the case may be; and
	(b) give the Commission or the deputy head any directions that it considers appropriate with respect to the implementation of the corrective action.
Right to be heard	85. In the consideration of a complaint made under section 83, the persons entitled to be heard by the Tribunal are the persons entitled to make a complaint under that section in respect of the corrective action, the person appointed or proposed for appointment as a result of the corrective action, the deputy head and the Commission, or their representatives.
Appointment to other position	86. Where the appointment of a person is revoked pursuant to subsection 81(1), the Commission may appoint that person to another position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a).
Where no right to complain	87. No complaint may be made under section 77 in respect of an appointment 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).

Bill C-25

PART 5

INVESTIGATIONS AND COMPLAINTS RELATING TO APPOINTMENTS

Investigation of Appointments by Commission

Complaints to Tribunal - Revocation of Appointment

Complaints to Tribunal - Internal Appointments