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Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)

Assented to 2013-12-12

Marginal note:Grievance

 The provisions of the Public Service Labour Relations Act, as it read immediately before the day on which sections 325 to 336 come into force, continue to apply in respect of every grievance presented under Part 2 of that Act before that day.

R.S., c. H-6Canadian Human Rights Act

Amendments to the Act

 Section 40.1 of the Canadian Human Rights Act is amended by adding the following after subsection (2):

  • Marginal note:Public Service Labour Relations Act

    (3) A complaint must not be dealt with by the Commission under section 40 if the complaint is made by an employee, as defined in subsection 206(1) of the Public Service Labour Relations Act, against their employer, as defined in subsection 2(1) of that Act and it alleges that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14.

  • Marginal note:Public Service Employment Act

    (4) A complaint must not be dealt with by the Commission under section 40 if the complaint is made by a person against the Public Service Commission or a deputy head as defined in subsection 2(1) of the Public Service Employment Act and it alleges that a discriminatory practice set out in section 7, 8, 10 or 14 has been engaged in in relation to

    • (a) an appointment or proposed appointment in an internal appointment process under that Act;

    • (b) the revocation of an appointment under that Act; or

    • (c) the laying off of employees under that Act.

Transitional Provision

Marginal note:Complaints

 The provisions of the Canadian Human Rights Act, as that Act read immediately before the day on which section 340 comes into force, continue to apply in respect of every complaint filed with or initiated by the Canadian Human Rights Commission before that day.

2003, c. 22, ss. 12 and 13Public Service Employment Act

Amendments to the Act

  •  (1) Paragraph 35(1)(b) of the Public Service Employment Act is replaced by the following:

    • (b) has the right to make a complaint under section 77 or 78.

  • (2) Paragraph 35(2)(b) of the Act is replaced by the following:

    • (b) has the right to make a complaint under section 77 or 78.

Marginal note:2005, c. 21, s. 115

 Paragraph 35.1(1)(b) of the Act is replaced by the following:

  • (b) has the right to make a complaint under section 77 or 78.

Marginal note:2006, c. 9, s. 101

 Paragraph 35.2(b) of the Act is replaced by the following:

  • (b) has the right to make a complaint under section 77 or 78.

Marginal note:2006, c. 9, s. 101

 Paragraph 35.3(b) of the Act is replaced by the following:

  • (b) has the right to make a complaint under section 77 or 78.

 Subsection 58(2) of the Act is replaced by the following:

  • Marginal note:Extension by deputy head

    (2) A deputy head may extend the specified term, and the extension does not constitute an appointment or deployment or entitle any person to make a complaint under section 77 or 78.

 Subsection 59(2) of the Act is replaced by the following:

  • Marginal note:Not an appointment or deployment

    (2) A conversion under subsection (1) does not constitute an appointment or deployment or entitle any person to make a complaint under section 77 or 78.

 Subsections 64(1) and (2) of the Act are replaced by the following:

Marginal note:Laying off of employees
  • 64. (1) If an employee’s services 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 lay off the employee, in which case the deputy head shall so advise the employee.

  • Marginal note:Selection of employees

    (2) If the deputy head determines under subsection (1) that some but not all of the employees in any part of the deputy head’s organization who occupy positions at the same group and level and perform similar duties are to be laid off, the employees to be laid off shall be selected in accordance with the Commission’s regulations.

  •  (1) Subsection 65(1) of the Act is replaced by the following:

    Marginal note:Complaint to Tribunal re lay-off
    • 65. (1) If some but not all of the employees in a part of an organization who occupy positions at the same group and level and perform similar duties are informed by the deputy head that they will be laid off, any employee selected for lay-off may make a complaint to the Tribunal, in the manner and within the time fixed by the Tribunal’s regulations, that his or her selection constituted an abuse of authority.

  • (2) Subsections 65(5) and (6) of the Act are replaced by the following:

    • Marginal note:Discriminatory practice

      (5) If the Tribunal determines that the Commission or the deputy head has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, it may order that the Commission or deputy head, as the case may be, cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future or it may make any order that may be made under any of paragraphs 53(2)(b) to (e) or subsection 53(3) of that Act.

  • (3) Subsection 65(8) of the Act is repealed.

 The Act is amended by adding the following after section 76:

Marginal note:Discriminatory practice
  • 76.1 (1) If the Tribunal finds a complaint under section 74 to be substantiated and it determines that the Commission or the deputy head has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act, it may

    • (a) order that the Commission or deputy head, as the case may be, cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future; or

    • (b) make any order that may be made under any of paragraphs 53(2)(b) to (e) or subsection 53(3) of that Act.

  • Marginal note:Application of Canadian Human Rights Act

    (2) In considering whether a complaint is substantiated, the Tribunal 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.

 Sections 77 to 79 of the Act are replaced by the following:

Marginal note:Grounds of complaint
  • 77. (1) When the Commission has made or proposed an appointment in an internal appointment process, a person referred to in subsection (2) may, in the manner and within the period provided by the Tribunal’s regulations, make a complaint to the Tribunal that he or she was not appointed or proposed for appointment by reason of

    • (a) an abuse of authority by the Commission in the exercise of its 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).

  • Marginal note:Persons entitled to make complaint

    (2) The following persons may make a complaint under subsection (1):

    • (a) in the case of an advertised internal appointment process, a person who is an unsuccessful candidate in the area of selection determined under section 34 and who has been determined by the Commission to meet the essential qualifications for the work to be performed as established by the deputy head under paragraph 30(2)(a); and

    • (b) in the case of a non-advertised internal appointment process, a person who is in the area of selection determined under section 34.

  • Marginal note:Excluded grounds

    (3) The Tribunal may not consider an allegation that fraud occurred in an appointment process or that an appointment or proposed appointment was not free from political influence.

  • Marginal note:When no right to complain

    (4) No complaint may be made under subsection (1) in respect of an appointment under subsection 15(6) (reappointment on revocation by deputy head), section 40 (priorities  —  surplus employees), subsection 41(1) or (4) (other priorities), section 73 (reappointment on revocation by Commission) or section 86 (reappointment following Tribunal order), or under any regulations made under paragraph 22(2)(a).

  • Marginal note:Corrective action when complaint upheld

    (5) If the Tribunal finds the complaint to be substantiated, it may order the Commission to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Tribunal considers appropriate.

Marginal note:Grounds of complaint  — person not meeting qualifications
  • 78. (1) When, in the case of an advertised internal appointment process, the Commission has made or proposed an appointment, a person who is an unsuccessful candidate in the area of selection determined under section 34 and who has been determined by the Commission not to meet the essential qualifications for the work to be performed as established by the deputy head under paragraph 30(2)(a) or the qualifications considered by the deputy head under subparagraph 30(2)(b)(i) to be an asset for that work may, in the manner and within the period provided by the regulations, make a complaint to the Tribunal that the Commission

    • (a) has abused its authority under subsection 30(2) in making that determination in relation to those qualifications; or

    • (b) has failed to assess the complainant in the official language of the complainant’s choice as required by subsection 37(1).

  • Marginal note:When no right to complain

    (2) No complaint may be made under subsection (1) in respect of an appointment under subsection 15(6) (reappointment on revocation by deputy head), section 40 (priorities  —  surplus employees), subsection 41(1) or (4) (other priorities), section 73 (reappointment on revocation by Commission) or section 86 (reappointment following Tribunal order), or under any regulations made under paragraph 22(2)(a).

  • Marginal note:Corrective action when complaint upheld

    (3) If the Tribunal finds the complaint to be substantiated, it may order the Commission to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Tribunal considers appropriate.

Marginal note:Right to be heard

79. A person making a complaint under section 77 or 78, the person appointed or proposed for appointment, the deputy head and the Commission  —  or their representatives —  are entitled to be heard by the Tribunal.

 
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