Term
| Appointment on the Basis of Merit |
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Definition
| PSEA 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. |
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Term
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Definition
| PSEA 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. |
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Term
| Mobility of Member of Canadian Forces |
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Definition
PSEA 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. |
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Term
| Mobility — former member of Canadian Forces |
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Definition
PSEA 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. |
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Term
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Definition
| PSEA 36 In making an appointment, the Commission may 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). |
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Term
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Definition
| 37 (1) An examination or interview, when conducted for the purpose of assessing qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i), other than language proficiency, shall be conducted in English or French or both at the option of the candidate. |
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Term
| Preference to veterans and Canadian citizens |
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Definition
39 (1) In an advertised external appointment process, subject to any priorities established under paragraph 22(2)(a) and by sections 39.1, 40 and 41, any of the following who, in the Commission’s opinion, meet the essential qualifications referred to in paragraph 30(2)(a) shall be appointed ahead of other candidates, in the following order:
(a) a person who is in receipt of a pension by reason of war service, within the meaning of the schedule;
(b) a veteran or a survivor of a veteran, within the meaning of the schedule; and
(c) a Canadian citizen, within the meaning of the Citizenship Act, in any case where a person who is not a Canadian citizen is also a candidate. |
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Term
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Definition
(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. |
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Term
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Definition
| PSEA 33 In making an appointment, the Commission may use an advertised or non-advertised appointment process. |
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Term
| Priority — surplus employees |
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Definition
| PSEA 40 Notwithstanding section 41, after a deputy head informs an employee that the employee will be laid off pursuant to subsection 64(1) and before the lay-off becomes effective, the Commission may appoint the employee in priority to all other persons to another position under the deputy head’s jurisdiction if the Commission is satisfied that the employee meets the essential qualifications referred to in paragraph 30(2)(a) and that it is in the best interests of the public service to make the appointment. |
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Term
| Priority — persons on leave |
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Definition
41 (1) When an employee on leave of absence is replaced, pursuant to the appointment or deployment of another person for an indeterminate period to the employee’s position, priority for appointment shall be given over all other persons to
(a) the employee on leave of absence, for the duration of the leave of absence and a further period of one year; or
(b) if the employee on leave of absence returns to his or her position, the person who replaced that employee, for a period of one year after that employee returns to the position. |
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Term
| Priority — persons laid off |
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Definition
| (4) Priority for appointment over all other persons shall be given, during the period determined by the Commission, to a person who is laid off pursuant to subsection 64(1). |
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Term
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Definition
| 41(2) Despite subsection (1), if a deputy head is not able to reinstate the employee in that position by reason of a workforce adjustment, the workforce adjustment measures that are established by the employer or the measures that are set out in agreements relating to workforce adjustment apply. |
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Term
| Informal discussion with employee |
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Definition
| 47 Where a person is informed by the Commission, at any stage of an internal appointment process, that the person has been eliminated from consideration for appointment, the Commission may, at that person’s request, informally discuss its decision with that person. |
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Term
| Persons being considered for appointment |
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Definition
48 (1) After the assessment of candidates is completed in an internal appointment process, the Commission shall, in any manner that it determines, inform the following persons of the name of the person being considered for each appointment:
(a) in the case of an advertised internal appointment process, the persons in the area of selection determined under section 34 who participated in that process; and
(b) in the case of a non-advertised internal appointment process, the persons in the area of selection determined under section 34. |
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Term
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Definition
| (2) For the purposes of internal appointment processes, the Commission shall fix a period, beginning when the persons are informed under subsection (1), during which appointments or proposals for appointment may not be made. |
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Term
| Casual Appointment, Maximum Period, Ineligibility |
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Definition
50 (1) The Commission may appoint any person as a casual worker to that part of the public service to which the Commission has exclusive authority to make appointments.
Maximum period
(2) The period of employment of a casual worker may not exceed 90 working days in one calendar year in any particular department or other organization.
(4) A casual worker is not eligible to be considered for appointment in any internal appointment process. |
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Term
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Definition
Deployments
Marginal note:Authority of deputy heads to deploy
51 (1) Except as provided in this or any other Act, a deputy head may deploy employees to or within the deputy head’s organization.
Marginal note:Deployment from separate agencies
(2) Except as provided in this or any other Act, a deputy head may deploy to the deputy head’s organization persons who are employed in a separate agency to which the Commission does not have the exclusive authority to make appointments if the Commission has, after reviewing the staffing program of the separate agency at the agency’s request, approved deployments from it.
Marginal note:Deployment within or between groups
(3) A deployment may be made within an occupational group or, unless excluded by regulations under paragraph 26(1)(a), between occupational groups.
Marginal note:Treasury Board directives and regulations
(4) A deployment to or within an organization named in Schedule I or IV to the Financial Administration Act shall be made in the manner directed by the Treasury Board and in accordance with any regulations of the Treasury Board.
Marginal note:Employment status preserved
(5) The deployment of a person may not
(a) constitute a promotion, within the meaning of regulations of the Treasury Board, in the case of an organization named in Schedule I or IV to the Financial Administration Act, or as determined by the separate agency, in the case of a separate agency to which the Commission has the exclusive authority to make appointments; or
(b) change a person’s period of employment from a specified term to indeterminate.
Marginal note:Consent to deployment
(6) No person may be deployed without his or her consent unless
(a) agreement to being deployed is a condition of employment of the person’s current position; or
(b) the deputy head of the organization in which the person is employed finds, after investigation, that the person has harassed another person in the course of his or her employment and the deployment is made within the same organization.
Marginal note:Previous position
52 On deployment, a person ceases to be the incumbent of the position to which he or she had previously been appointed or deployed.
Marginal note:Deployment not an appointment
53 (1) A deployment is not an appointment within the meaning of this Act.
Marginal note:Exceptions to priority rights
(2) A deputy head may deploy a person without regard to any other person’s right to be appointed under section 39.1 or subsection 41(1) or (4) or any regulations made under paragraph 22(2)(a). |
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Term
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Definition
| 54 A person appointed or deployed from outside that part of the public service to which the Commission has exclusive authority to make appointments shall take and subscribe an oath or solemn affirmation |
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Term
| Effective date of appointment or deployment from outside the Public Service |
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Definition
| 55 The appointment or deployment of a person from outside that part of the public service to which the Commission has exclusive authority to make appointments takes effect on the later of the date that is agreed to in writing by the deputy head and that person and the date on which the person takes and subscribes the oath or solemn affirmation set out in section 54. |
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Term
| Effective date of appointment from within |
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Definition
| 56 (1) The appointment of a person from within that part of the public service to which the Commission has exclusive authority to make appointments takes effect on the date agreed to in writing by that person and the deputy head, regardless of the date of their agreement. |
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Term
| Effective date of deployment |
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Definition
56(2) The deployment of a person from within that part of the public service to which the Commission has exclusive authority to make appointments takes effect
(a) on the date agreed to in writing by that person and the deputy head, regardless of the date of their agreement; or
(b) if the person’s consent to the deployment is not required, on the date fixed by the deputy head. |
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Term
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Definition
| 57 Subject to this Act, any other Act and regulations made under this or any other Act, the period of an employee’s employment is indeterminate unless the deputy head has specified a term of employment. |
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Term
| Term appointment or deployment |
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Definition
| 58 (1) Subject to section 59, an employee whose appointment or deployment is for a specified term ceases to be an employee at the expiration of that term, or of any extension made under subsection (2). |
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Term
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Definition
| (2) A deputy head may extend a specified term referred to in subsection (1), and such an extension does not constitute an appointment or a deployment or entitle any person to make a complaint under section 77. |
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Term
Conversion to indeterminate (Term Roll-over)
59 (1) Unless the employee requests otherwise of the deputy head, the period of employment of an employee who is employed for a specified term as a result of an appointment or deployment is converted to indeterminate in the employee’s substantive position, at the end of the cumulative period of employment specified by the employer in circumstances prescribed by the employer. |
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Definition
Not an appointment or deployment
59(2) A conversion under subsection (1) does not constitute an appointment or a deployment or entitle any person to make a complaint under section 77. |
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Term
| Rate of pay on appointment |
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Definition
| 60 The rate of pay on appointment to a position shall be determined by the employer within the scale of rates of pay for that position or for positions of the same occupational nature and level as that position. |
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Term
| Probationary period and effect of appointment or deployment |
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Definition
61 (1) A person appointed from outside the public service is on probation for a period
(a) established by regulations of the Treasury Board in respect of the class of employees of which that person is a member, in the case of an organization named in Schedule I or IV to the Financial Administration Act; or
(b) determined by a separate agency in respect of the class of employees of which that person is a member, in the case of an organization that is a separate agency to which the Commission has exclusive authority to make appointments.
Effect of appointment or deployment
(2) A period established pursuant to subsection (1) is not terminated by any appointment or deployment made during that period. |
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Term
| Termination of employment |
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Definition
62 (1) While an employee is on probation, the deputy head of the organization may notify the employee that his or her employment will be terminated at the end of
(a) the notice period established by regulations of the Treasury Board in respect of the class of employees of which that employee is a member, in the case of an organization named in Schedule I or IV to the Financial Administration Act, or
(b) the notice period determined by the separate agency in respect of the class of employees of which that employee is a member, in the case of a separate agency to which the Commission has exclusive authority to make appointments,
and the employee ceases to be an employee at the end of that notice period. |
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Term
| Compensation in lieu of notice |
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Definition
| (2) Instead of notifying an employee under subsection (1), the deputy head may notify the employee that his or her employment will be terminated on the date specified by the deputy head and that they will be paid an amount equal to the salary they would have been paid during the notice period under that subsection. |
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Term
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Definition
| 63 An employee may resign from the public service by giving the deputy head notice in writing of his or her intention to resign, and the employee ceases to be an employee on the date specified by the deputy head in writing on accepting the resignation, regardless of the date of the acceptance. |
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Term
| Laying off of employees and Selection of Employees for Layoff (SERLO) |
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Definition
64 (1) Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside those portions of the federal public administration named in Schedule I, IV or V to the Financial Administration Act, the deputy head may, in accordance with the regulations of the Commission, lay off the employee, in which case the deputy head shall so advise the employee.
Selection of employees
(2) Where the deputy head determines under subsection (1) that some but not all of the employees in any part of the deputy head’s organization will be laid off, the employees to be laid off shall be selected in accordance with the regulations of the Commission.
Exception
(3) Subsection (1) does not apply where employment is terminated in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act.
Marginal note:Effect of lay-off
(4) An employee ceases to be an employee when the employee is laid off. |
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Term
| Complaint to Board re lay-off |
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Definition
65 (1) Where some but not all of the employees in a part of an organization are informed by the deputy head that they will be laid off, any employee selected for lay-off may make a complaint to the Board, in the manner and within the time fixed by the Board’s regulations, that his or her selection constituted an abuse of authority.
Marginal note:Limitation
(2) No complaint may be made under subsection (1) against the decision to lay off employees, the determination of the part of the organization from which employees will be laid off or the number of employees to be laid off from that part.
Marginal note:Right to be heard
(3) A complainant, every other employee in the part of the organization referred to in subsection (1), the deputy head and the Commission — or their representatives — are entitled to be heard by the Board.
Marginal note:Lay-off set aside
(4) Where the Board finds a complaint under subsection (1) to be substantiated, it may set aside the decision of the deputy head to lay off the complainant and order the deputy head to take any corrective action that it considers appropriate, other than the lay-off of any employee.
Marginal note:Notice to Canadian Human Rights Commission
(5) Where a complaint raises an issue involving the interpretation or application of the Canadian Human Rights Act, the complainant shall, in accordance with the regulations of the Board, notify the Canadian Human Rights Commission of the issue.
Marginal note:Canadian Human Rights Commission
(6) Where the Canadian Human Rights Commission is notified of an issue pursuant to subsection (5), it may make submissions to the Board with respect to that issue.
Marginal note:Application of Canadian Human Rights Act
(7) In considering whether a complaint is substantiated, the Board may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value.
Marginal note:Relief for discrimination
(8) Corrective action may include an order for relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act. |
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Term
| Grounds of complaint on an Internal Appointment Process |
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Definition
77 (1) When the Commission has made or proposed an appointment in an internal appointment process, a person in the area of recourse referred to in subsection (2) may — in the manner and within the period provided by the Board’s regulations — make a complaint to the Board that he or she was not appointed or proposed for appointment by reason of
(a) an abuse of authority by the Commission or the deputy head in the exercise of its or his or her authority under subsection 30(2);
(b) an abuse of authority by the Commission in choosing between an advertised and a non-advertised internal appointment process; or
(c) the failure of the Commission to assess the complainant in the official language of his or her choice as required by subsection 37(1). |
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Term
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Definition
77(2) For the purposes of subsection (1), a person is in the area of recourse if the person is
(a) an unsuccessful candidate in the area of selection determined under section 34, in the case of an advertised internal appointment process; and
(b) any person in the area of selection determined under section 34, in the case of a non-advertised internal appointment process. |
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