Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )

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 Federal Public Sector 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28 [Repealed, 2012, c. 19, s. 222]

PART 2Appointments

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.

• Marginal note:Interpretation

  (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.

Marginal note:Qualification standards

• 31 (1) The employer may establish qualification standards, in relation to education, knowledge, experience, occupational certification, language or other qualifications, that the employer considers necessary or desirable having regard to the nature of the work to be performed and the present and future needs of the public service.

• Marginal note:Qualifications

  (2) The qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i) must meet or exceed any applicable qualification standards established by the employer under subsection (1).

• Marginal note:Identification of biases and barriers

  (3) When establishing or reviewing qualification standards, the employer shall conduct an evaluation to identify whether they include or create biases or barriers that disadvantage persons belonging to any equity-seeking group. If a bias or barrier is identified in the course of the evaluation, the employer shall make reasonable efforts to remove it or to mitigate its impact on those persons.

Marginal note:Professional development programs

32 In respect of appointments made within the framework of any professional development or apprenticeship program that is offered across departments and other organizations, the qualifications, requirements and needs referred to in subsection 30(2) are established or identified by the Treasury Board with respect to organizations for which the Treasury Board is the employer.

Marginal note:Appointment processes

33 In making an appointment, the Commission may use an advertised or non-advertised appointment process.

Marginal note: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 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.

• Marginal note:Designated groups

  (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.

Marginal note:Mobility  — separate agencies

• 35 (1) Unless otherwise provided in this or any other Act, a person employed in a separate agency to which the Commission does not have the exclusive authority to make appointments

  • (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section; and

  • (b) has the right to make a complaint under section 77.

• Marginal note:Mobility — designated organizations

  (2) A person not otherwise employed in the public service who is employed in any portion of the federal public administration designated under subsection (4)

  • (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all persons employed in the public service to be considered, as long as the person meets the other criteria, if any, established under that section; and

  • (b) has the right to make a complaint under section 77.

• (3) [Repealed, 2013, c. 40, s. 404]

• Marginal note:Designation

  (4) The Governor in Council may, on the recommendation of the Commission, designate any portion of the federal public administration for the purposes of subsection (2).

• Marginal note:Revocation

  (5) The Governor in Council may, on the recommendation of the Commission, revoke any designation under subsection (4).

Marginal note:Mobility — member of Canadian Forces

• 35.1 (1) A member of the Canadian Forces who has accumulated at least three years of service and is not employed in the public service for an indeterminate period

  • (a) may participate in an advertised internal appointment process; and

  • (b) has the right to make a complaint under section 77.

• Marginal note:Exception

  (1.1) For the purpose of paragraph (1)(a), if a criterion in relation to belonging to any of the designated groups, as defined in section 3 of the Employment Equity Act, is established under section 34, the member shall meet that criterion.

• Marginal note:Deemed employment in public service

  (2) A member who participates in a process referred to in subsection (1) is, for the purpose of the process, deemed to be a person employed in the public service.

• Marginal note:Definition of member

  (3) In this section, member means a person who is enrolled in the Canadian Forces.

Marginal note:Mobility — former member of Canadian Forces

• 35.11 (1) A person who is not enrolled in the Canadian Forces, has served at least three years in the Canadian Forces, has been honourably released within the meaning of regulations made under the National Defence Act and is not employed in the public service for an indeterminate period

  • (a) may, during a period of five years after their date of release, participate in an advertised internal appointment process; and

  • (b) has the right to make a complaint under section 77.

• Marginal note:Deemed employment in public service

  (2) A person who participates in a process referred to in subsection (1) is, for the purpose of the process, deemed to be a person employed in the public service.

• Marginal note:Exception

  (3) For the purpose of paragraph (1)(a), if a criterion in relation to belonging to any of the designated groups, as defined in section 3 of the Employment Equity Act, is established under section 34, the person shall meet that criterion.

Marginal note:Mobility — ministers’ staffs

35.2 A person who has been employed for at least three years in the office of a minister or of a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, or in any of those offices successively,

• (a) may, during a period of one year after they cease to be so employed, participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as they meet the other criteria, if any, established under that section; and

• (b) has the right to make a complaint under section 77.

Marginal note:Parliamentary employees

35.3 A person employed in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer

• (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section; and

• (b) has the right to make a complaint under section 77.

Marginal note:Assessment methods

• 36 (1) In making an appointment, the Commission may, subject to subsection (2), use any assessment method, such as a review of past performance and accomplishments, interviews and examinations, that it considers appropriate to determine whether a person meets the qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i).

• Marginal note:Identification of biases and barriers

  (2) Before using an assessment method, the Commission shall conduct an evaluation to identify whether the assessment method and the manner in which it will be applied includes or creates biases or barriers that disadvantage persons belonging to any equity-seeking group and, if one is identified, make reasonable efforts to remove it or to mitigate its impact on those persons.