Bill S-201
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
senate of canada
BILL S-201
An Act to amend the Public Service Employment Act (elimination of bureaucratic patronage and geographic criteria in appointment processes)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2003, c. 22, ss. 12 and 13
PUBLIC SERVICE EMPLOYMENT ACT
1. Subsection 22(2) of the Public Service
Employment Act is amended by adding the
following after paragraph (f):
(f.1) defining “bureaucratic patronage” for
the purposes of subsection 30(1);
2. Subsection 30(1) of the Act is replaced by the following:
Appointment
on basis of
merit
30. (1) Appointments by the Commission
to or from within the public service shall be
made on the basis of merit and must be free
from political influence and bureaucratic patronage.
3. (1) Section 34 of the Act is replaced by the following:
Area of
selection
34. (1) For purposes of eligibility in any
appointment process, other than an incumbent-
based process, the Commission may determine
an area of selection by establishing
organizational or occupational criteria or by
establishing, as a criterion, belonging to any
of the designated groups within the meaning
of section 3 of the Employment Equity Act.
Designated
groups
(2) The Commission may establish different
organizational or occupational criteria for designated groups within the meaning of section 3 of the Employment Equity Act than for other persons.
Limitation
(3) The Commission may not establish
geographic criteria to determine an area of
selection for the purposes of eligibility in an
appointment process.
Transitional
provision
(2) Section 34 of the Act, as enacted by subsection (1), does not apply to any competition or other selection or appointment process being conducted at the time that section comes into force.
Published under authority of the Senate of Canada
Explanatory Notes
Public Service Employment Act
Clause 1: New.
Clause 2: Existing text of subsection 30(1):
30. (1) Appointments by the Commission to or from within the public service shall be made on the basis of merit and must be free from political influence.
Clause 3: (1) Existing text of section 34:
34. (1) For purposes of eligibility in any appointment process, other than an incumbent-based process, the Commission may determine an area of selection by establishing geographic, organizational or occupational criteria or by establishing, as a criterion, belonging to any of the designated groups within the meaning of section 3 of the Employment Equity Act.
(2) The Commission may establish different geographic, organizational or occupational criteria for designated groups within the meaning of section 3 of the Employment Equity Act than for other persons.