Specific Claims Resolution Act (S.C. 2003, c. 23)

Marginal note:Deputy head

• 9. (1) The Chief Executive Officer has the rank and status of a deputy head for the purposes of the Financial Administration Act.

• Marginal note:Absence or incapacity

  (2) In the event of the absence or incapacity of the Chief Executive Officer, or if the office of Chief Executive Officer is vacant, the Chief Commissioner of the Commission — or if the offices of Chief Executive Officer and Chief Commissioner are held by the same person, the Vice-Chief Commissioner of the Commission — has the powers and duties of the Chief Executive Officer.

Marginal note:Separate employer

10. The Centre is a separate employer under the Public Service Staff Relations Act.

Marginal note:Personnel management

11. The Centre has exclusive authority in respect of personnel management and employer and employee relations, including the right to hire any staff it considers necessary for the proper conduct of the work of the Commission and of the Tribunal, to determine the terms and conditions of their employment and to terminate their employment, and may, in the exercise of that authority,

• (a) determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources;

• (b) implement an employment equity program;

• (c) determine requirements for the training and development of its personnel and fix the terms and conditions on which that training and development may be carried out;

• (d) provide for the classification of positions and employees;

• (e) determine and regulate its employees’ pay, hours of work, leave and any related matters;

• (f) provide for the awards that may be made to its employees for outstanding performance of their duties, for other meritorious achievement in relation to those duties and for inventions or practical suggestions for improvements;

• (g) establish standards of discipline for its employees and fix the financial and other penalties, including termination of employment and suspension, that may be applied for breaches of discipline or misconduct and the circumstances and manner in which and the authority by which or by whom those penalties may be applied, or be varied or rescinded in whole or in part;

• (h) provide for the termination of employment or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct, of its employees and establish the circumstances and manner in which and the authority by which or by whom those measures may be taken, or be varied or rescinded in whole or in part;

• (i) determine and regulate the payments that may be made to its employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; and

• (j) provide for any other matters that the Centre considers necessary for effective personnel management.