Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )
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Act current to 2013-04-29 and last amended on 2012-06-29. Previous Versions
Marginal note:Powers under Inquiries Act
120. In conducting any investigation under this Part, the Commission has all the powers of a commissioner under Part II of the Inquiries Act.
Marginal note:Persons acting for Commission
121. (1) The Commission may direct that any investigation under this Part be conducted, in whole or in part, by one or more Commissioners or other persons.
Marginal note:Powers of Commissioner
(2) A Commissioner directed under subsection (1) has the powers referred to in section 120 in relation to the matter before the Commissioner.
Marginal note:Powers of other person
(3) Subject to any limitations specified by the Commission, a person directed under subsection (1), other than a Commissioner, has the powers referred to in section 120 in relation to the matter before the person.
Marginal note:Right to be heard
122. A person making an allegation under section 118 or 119 and the employee or deputy head against whom it is made — or their representatives — are entitled to be heard by the Commission, Commissioner or other person, whichever is conducting the investigation.
PART 8
GENERAL
Application of Act
Marginal note:Regulations of Governor in Council
123. (1) The Governor in Council may, notwithstanding any other Act, make regulations applying to any organization or any part of any organization all or any of the provisions of this Act that do not otherwise apply to it.
Marginal note:Application of other Acts
(2) A regulation made under subsection (1) prevails over the provisions of any other Act or regulations made under any other Act respecting the same matter.
Marginal note:Application of regulations
124. A regulation made by the Commission, the Treasury Board or the Governor in Council under this Act may be of general application or may apply to a specified person, position, occupational group, organization or part of an organization, or any class of them, or in respect of a specified process or any class of process.
Head of Public Service
Marginal note:Appointment by Governor in Council
125. The Governor in Council may appoint and fix the remuneration of the Clerk of the Privy Council and Secretary to the Cabinet.
Marginal note:Clerk of Privy Council
126. The Clerk of the Privy Council and Secretary to the Cabinet is the head of the public service.
Marginal note:Report of head of the public service
127. The head of the public service shall submit a report on the state of the public service in each fiscal year to the Prime Minister, and the Prime Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Prime Minister receives it.
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