Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note: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), subsection 41(1) or (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).

Marginal note:Tribunal continued

• 88. (1) The Public Service Staffing Tribunal is continued, consisting of between five and seven permanent members appointed by the Governor in Council and any temporary members that are appointed under section 90.

• Marginal note:Mandate

  (2) The mandate of the Tribunal is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77 and 83.

• Marginal note:Eligibility

  (3) In order to be eligible to hold office as a member, a person must

  • (a) 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; and

  • (b) have knowledge of or experience in employment matters in the public sector.

• Marginal note:Full-time or part-time

  (4) Members shall be appointed on a full-time or part-time basis.

• Marginal note:Chairperson and Vice-Chairperson

  (5) 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.

• Marginal note:Residence of Chairperson

  (6) 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.