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

PART 8General

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.

Deputy Ministers and Other Senior Officials

Marginal note:Appointment by Governor in Council

• 127.1 (1) The Governor in Council may appoint persons to the following positions and fix their remuneration:

  • (a) deputy minister, associate deputy minister and positions of equivalent ranks;

  • (b) deputy head, associate deputy head and positions of equivalent ranks; and

  • (c) special adviser to a minister.

• Marginal note:Application of Part 7

  (2) For greater certainty, the provisions of Part 7 applicable to deputy heads apply to persons appointed as such or as deputy ministers under subsection (1), and the provisions of that Part applicable to employees apply to other persons appointed under subsection (1).

Ministerial Staff

Marginal note:Ministerial staff

• 128 (1) A minister, or a person holding the recognized position of Leader of the Opposition in the House of Commons or Leader of the Opposition in the Senate, may appoint an executive assistant and other persons required in his or her office.

• Marginal note:Termination of employment

  (2) A person who is employed in an office referred to in subsection (1) ceases to be so employed thirty days after the person holding a position referred to in subsection (1) ceases to hold that position.

Marginal note:Regulations

129 The Governor in Council may make regulations applying all or any of the provisions of this Act to any of the positions of persons appointed by ministers under subsection 128(1).

Public Officials

Marginal note:Appointments by Governor in Council

130 The Governor in Council may appoint and fix the remuneration of

• (a) the Secretary to the Cabinet for Federal-Provincial Relations;

• (b) the Clerk of the Senate;

• (c) the Clerk of the House of Commons; and

• (d) the Secretary to the Governor General.

Diplomatic Personnel

Marginal note:Diplomatic appointments

131 Nothing in this Act shall be construed as affecting the right or authority of Her Majesty to appoint ambassadors, ministers, high commissioners or consuls-general of Canada to another country or to appoint other persons to represent Canada in another country.

Block Transfers

Marginal note:Transfer of employees

• 132 (1) Nothing in an order made under the Public Service Rearrangement and Transfer of Duties Act shall be construed as affecting the status of an employee who, immediately before the coming into force of the order, occupied a position in a portion of the core public administration the control or supervision of which has been transferred from one department or other portion of the core public administration to another, or in a department that has been amalgamated and combined, except that the employee shall, on the coming into force of the order, occupy that position in the department or other portion of the core public administration to which the control or supervision has been transferred or in the department as amalgamated and combined.

• Marginal note:Transfer of other staff

  (2) Where an order is made under the Public Service Rearrangement and Transfer of Duties Act, the Governor in Council may, by order made on the recommendation of the Treasury Board and where the Governor in Council is of the opinion that an employee or class of employees is carrying out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of employees referred to in subsection (1) and that it is in the best interests of the core public administration to do so, declare that the employee or class of employees shall, on the coming into force of the order, occupy their positions in the department or other portion of the core public administration where the employees referred to in subsection (1) are currently occupying their positions.

• Marginal note:Core public administration

  (3) For the purposes of this section, the core public administration consists of the departments, as defined in subsection 2(1), and the portions of the federal public administration named in Schedule IV to the Financial Administration Act.

Offence

Marginal note:Fraud

133 Every person who commits fraud in any appointment process is guilty of an offence punishable on summary conviction.

Oaths and Affirmations

Marginal note:Authority to administer

134 The Commission or a deputy head may administer oaths and receive affidavits, declarations and solemn affirmations in relation to matters within their respective jurisdictions under this Act.

Access to Facilities and Information

Marginal note:Access by Commission

135 Deputy heads and employees shall provide the Commission with any facilities, assistance, information and access to their respective offices that the Commission may require for the performance of its duties.

Five-year Review

Marginal note:Review

136 The minister designated by the Governor in Council for the purposes of this section shall cause a review of this Act and its administration and operation to be conducted five years after this section comes into force, and that minister shall cause a report of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the review is completed.