Bill C-25
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Investigation
and
dismissal -
deputy head
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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.
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Exception
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(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.
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Powers under
Inquiries Act
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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.
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Persons acting
for
Commission
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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.
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Powers of
Commissioner
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(2) A Commissioner directed under
subsection (1) has the powers referred to in
section 33.5 in relation to the matter before the
Commissioner.
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Powers of
other person
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(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.
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Right to be
heard
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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.
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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).
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19. The Act is amended by adding the
following after section 48:
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PART V |
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PUBLIC SERVICE STAFFING TRIBUNAL |
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Establishment |
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Tribunal
established
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49. (1) A tribunal is established, to be called
the Public Service Staffing Tribunal,
consisting of between five and seven
permanent members appointed by the
Governor in Council and any temporary
members that are appointed under section 51.
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Eligibility
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(2) In order to be eligible to hold office as
a member, a person must
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Full-time or
part-time
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(3) Members shall be appointed on a
full-time or part-time basis.
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Chairperson
and
Vice-Chairper
son
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(4) The Governor in Council shall designate
a full-time permanent member to be
Chairperson of the Tribunal and a full-time or
part-time permanent member to be its
Vice-Chairperson.
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Residence of
Chairperson
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(5) The Chairperson 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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Oath or
affirmation
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(6) Before commencing his or her
functions, a person appointed as a member of
the Tribunal shall take an oath or make a
solemn affirmation in the following form
before a commissioner of oaths or other
person having authority to administer oaths or
solemn affirmations:
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I, ...................., do swear (or solemnly affirm)
that I will faithfully, truly and impartially, to
the best of my judgement, skill and ability,
execute and perform the office of member (or
Chairperson or Vice-Chairperson) of the
Public Service Staffing Tribunal.
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Tenure
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50. (1) A permanent member of the
Tribunal holds office during good behaviour
for a term not exceeding five years, but may be
removed for cause by the Governor in
Council.
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Reappointmen
t
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(2) A permanent member is eligible to be
reappointed.
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Temporary
members
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51. (1) The Governor in Council may
appoint temporary members of the Tribunal
whenever, in the Governor in Council's
opinion, the workload of the Tribunal so
requires.
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Tenure
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(2) A temporary member of the Tribunal
holds office during good behaviour for a term
not exceeding two years, but may be removed
for cause by the Governor in Council.
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Reappointmen
t
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(3) A temporary member is eligible to be
reappointed.
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Carrying out
functions
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52. Members shall not accept or hold any
office or employment or carry on any activity
inconsistent with their functions, and full-time
members shall devote the whole of their time
to the performance of their functions.
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Remuneration
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53. (1) A member shall be paid the
remuneration fixed by the Governor in
Council.
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Expenses
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(2) Members are entitled to be paid
reasonable travel and other expenses incurred
by them in the course of their duties while
absent from, in the case of full-time members,
their ordinary place of work and, in the case of
part-time members, their ordinary place of
residence.
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Application of
Public Service
Superannuati
on Act
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(3) Full-time members are 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
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(4) All members are deemed to be
employed in the public service of Canada for
the purposes of the Government Employees
Compensation Act and regulations made
under section 9 of the Aeronautics Act.
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Offices
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54. (1) The head office of the Tribunal shall
be in the National Capital Region described in
the schedule to the National Capital Act and
the Tribunal may, with the approval of the
Governor in Council, establish any regional
offices that it considers necessary to carry out
its mandate.
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Services and
facilities
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(2) In executing its mandate, the Tribunal
may use any services and facilities of
departments, boards and agencies of the
Government of Canada that are appropriate
for the operation of the Tribunal.
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Chief
executive
officer
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55. (1) The Chairperson of the Tribunal is
its chief executive officer and has supervision
over and direction of the work of the Tribunal.
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Delegation by
Chairperson
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(2) The Chairperson may authorize the
Vice-Chairperson to exercise any of the
Chairperson's powers or perform any of the
Chairperson's functions.
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Absence of
Chairperson
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(3) If the Chairperson is absent or unable to
act or the office of Chairperson is vacant, the
Vice-Chairperson shall act as the Chairperson
and, while so acting, has all the powers and
shall perform all the duties of the Chairperson.
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Acting
Chairperson
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(4) If both the Chairperson and the
Vice-Chairperson are absent or unable to act
or if both of their offices are vacant, the
minister designated by the Governor in
Council for the purpose of this section may
authorize a permanent member or other
qualified person to act as Chairperson for a
period not exceeding 60 days and the
Governor in Council may authorize a
permanent member or other qualified person
to act as Chairperson for any longer period.
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Human
resources
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56. (1) The Chairperson of the Tribunal may
employ persons for the proper conduct of the
Tribunal's work, fix their period of
employment, establish their probationary
periods, reject them on probation and lay them
off.
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Experts and
advisers
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(2) The Chairperson may retain on a
temporary basis the services of mediators and
other experts or persons having technical or
special knowledge to assist the Tribunal 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
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(3) Persons retained under subsection (2)
are not employed in the Public Service for the
purposes of the Public Service
Superannuation Act.
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20. The Act is amended by adding the
following after section 56, as enacted by
section 19 of this Act:
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Political
activities
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57. Sections 32 to 34 apply to persons
employed by the Tribunal as if they were
employees as defined in subsection 2(1).
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PART 4 |
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1991, c. 16
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AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT |
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21. The long title of the Canadian Centre
for Management Development Act is
replaced by the following:
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An Act respecting the Canada School of
Public Service
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22. Section 1 of the Act is replaced by the
following:
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Short title
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1. This Act may be cited as the Canada
School of Public Service Act.
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23. (1) The definitions ``Centre'' and
``Principal'' in section 2 of the Act are
repealed.
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(2) The definition ``Board'' in section 2 of
the Act is replaced by the following:
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``Board'' « conseil »
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``Board'' means the Board of Governors of the
School constituted by section 7;
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(3) Section 2 of the Act is amended by
adding the following in alphabetical order:
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``President'' « président »
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``President'' means the President of the
School appointed under subsection 13(1);
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``School'' « École »
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``School'' means the Canada School of Public
Service continued under subsection 3(1).
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24. The heading before section 3 and
sections 3 and 4 of the Act are replaced by
the following:
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CONTINUATION |
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Continuation
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3. (1) The Canadian Centre for
Management Development, established by
subsection 3(1) of the Canadian Centre for
Management Development Act, is continued
as a corporation under the name of the Canada
School of Public Service.
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Principal
office
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(2) The principal office of the School shall
be in the National Capital Region described in
the schedule to the National Capital Act.
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Crown agent
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(3) The School is an agent of Her Majesty
in right of Canada.
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OBJECTS AND POWERS |
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Objects
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4. The objects of the School are
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2001, c. 4,
s. 68(1)
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25. (1) The portion of section 5 of the Act
before paragraph (b) is replaced by the
following:
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Powers
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5. In carrying out its objects, the School has
the capacity of a natural person and may
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(2) Paragraph 5(b) of the English version
of the Act is replaced by the following:
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(3) Paragraph 5(d) of the Act is replaced
by the following:
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(4) Paragraph 5(f) of the Act is replaced
by the following:
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(5) Paragraph 5(g) of the English version
of the Act is replaced by the following:
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(6) Paragraph 5(i) of the English version
of the Act is replaced by the following:
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26. Sections 6 and 7 of the Act are
replaced by the following:
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Government
facilities
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6. In carrying out its objects and exercising
its powers, the School shall make use of any
available services and facilities of
departments, boards and agencies of the
Government of Canada that are appropriate
for the operation of the School.
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