Bill S-44
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S-44
First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005
SENATE OF CANADA
BILL S-44
An Act to amend the Public Service Employment Act
first reading, September 28, 2005
THE HONOURABLE SENATOR RINGUETTE
0446
SUMMARY
This enactment amends the Public Service Employment Act, as enacted by the Public Service Modernization Act, to
(a) disallow the establishment of geographic criteria to determine an area of selection for the purposes of eligibility in appointment processes; and
(b) ensure that appointments to and from within the public service are free from bureaucratic patronage.
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1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
senate of canada
BILL S-44
An Act to amend the Public Service Employment Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2003, c. 22, s. 12
PUBLIC SERVICE EMPLOYMENT ACT
1. Subsection 22(2) of the Public Service Employment Act, as enacted by section 12 of the Public Service Modernization Act, is amended by adding the following after paragraph (f):
(f.1) defining “bureaucratic patronage” for the purposes of subsection 30(1);
2. Subsection 30(1) of the Act is replaced by the following:
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 and bureaucratic patronage.
3. (1) Section 34 of the Act is replaced by the following:
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 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.
Designated groups
(2) The Commission may establish different organizational or occupational criteria for designated groups within the meaning of section 3 of the Employment Equity Act than for other persons.
Limitation
(3) The Commission may not establish geographic criteria to determine an area of selection for the purposes of eligibility in an appointment process.
Transitional provision
(2) Section 34 of the Act, as enacted by subsection (1), does not apply to any competition or other selection or appointment process being conducted at the time that section comes into force.
Published under authority of the Senate of Canada
Explanatory Notes
Public Service Employment Act
Clause 1: New.
Clause 2: Existing text of subsection 30(1):
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.
Clause 3: (1) Existing text of section 34:
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.
(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.