Marginal note:Consultation by employer
27. An employer shall, on request or if it considers consultation necessary or desirable,
(a) consult with the Commission, or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act, with respect to regulations made under paragraph 26(1)(b) or (d) or corresponding policies made under subsection 26(2), as the case may be; and
(b) consult with any employee organization so certified with respect to regulations made under paragraph 26(1)(a) or (c) or corresponding policies made under subsection 26(2), as the case may be, or with respect to any standards established under subsection 31(1).
28. [Repealed, 2012, c. 19, s. 222]
Authority to Appoint
Marginal note:Commission’s exclusive authority
29. (1) Except as provided in this Act, the Commission has the exclusive authority to make appointments, to or from within the public service, of persons for whose appointment there is no authority in or under any other Act of Parliament.
Marginal note:Request of deputy head
(2) The Commission’s authority under subsection (1) may only be exercised at the request of the deputy head of the organization to which the appointment is to be made.
Marginal note:Commission policies
(3) The Commission may establish policies respecting the manner of making and revoking appointments and taking corrective action.
Basis of Appointment
Marginal note: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.
Marginal note:Meaning of merit
(2) An appointment is made on the basis of merit when
(a) the Commission is satisfied that the person to be appointed meets the essential qualifications for the work to be performed, as established by the deputy head, including official language proficiency; and
(b) the Commission has regard to
(i) any additional qualifications that the deputy head may consider to be an asset for the work to be performed, or for the organization, currently or in the future,
(ii) any current or future operational requirements of the organization that may be identified by the deputy head, and
(iii) any current or future needs of the organization that may be identified by the deputy head.
Marginal note:Needs of public service
(3) The current and future needs of the organization referred to in subparagraph (2)(b)(iii) may include current and future needs of the public service, as identified by the employer, that the deputy head determines to be relevant to the organization.
(4) The Commission is not required to consider more than one person in order for an appointment to be made on the basis of merit.
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