Bill C-11: An Act to amend the Public Service Employment Act (priority hiring for injured veterans)

C-11 Second Session, Forty-first Parliament, 62 Elizabeth II, 2013 HOUSE OF COMMONS OF CANADA BILL C-11 An Act to amend the Public Service Employment Act (priority hiring for injured veterans) first reading, November 7, 2013 MINISTER OF VETERANS AFFAIRS 90710 SUMMARY This enactment amends the Public Service Employment Act to establish a right of appointment, in priority to all other persons, for certain members of the Canadian Forces who are released for medical reasons that are attributable to service. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62 Elizabeth II, 2013 house of commons of canada BILL C-11 An Act to amend the Public Service Employment Act (priority hiring for injured veterans) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Priority Hiring for Injured Veterans Act. 2003, c. 22, ss. 12 and 13 PUBLIC SERVICE EMPLOYMENT ACT 2006, c. 9, s. 100 2. Paragraph 22(2)(a) of the Public Service Employment Act is replaced by the following: (a) establishing for any person or class of persons a right to be appointed — in priority to all persons other than those referred to in sections 39.1 and 40 and subsections 41(1) and (4) — during the period specified by the Commission, to any position for which the Commission is satisfied that they meet the essential qualifications referred to in paragraph 30(2)(a); 2006, c. 9, s. 102 3. Section 38 of the Act is replaced by the following: Exceptions to merit 38. Paragraph 30(2)(b) does not apply in relation to any appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 39.1 (priority — members of the Canadian Forces) or 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made under paragraph 22(2)(a). 4. The portion of subsection 39(1) of the Act before paragraph (a) is replaced by the following: Preference to veterans and Canadian citizens 39. (1) In an advertised external appointment process, subject to any priorities established under paragraph 22(2)(a) and by sections 39.1, 40 and 41, any of the following who, in the Commission’s opinion, meet the essential qualifications referred to in paragraph 30(2)(a) shall be appointed ahead of other candidates, in the following order: 5. The Act is amended by adding the following after section 39: Priority — members of Canadian Forces 39.1 (1) Despite sections 40 and 41, priority for appointment over all other persons is to be given, during the period determined by the Commission, to a person who was released from the Canadian Forces for medical reasons that are attributable to service, who belongs to a class determined by the Commission and who meets the requirements established by the Commission. Essential qualifications (2) A person referred to in subsection (1) has a priority for appointment with respect to any position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a). 6. Section 43 of the Act is replaced by the following: Non-application of priority provisions 43. Despite sections 39.1, 40 and 41 and any regulations made under paragraph 22(2)(a), if the Commission considers that the appointment of a person who has a right to be appointed in priority to other persons under any of those provisions will result in another person having a priority right, the Commission may decide not to apply that provision in that case. 2006, c. 9. s. 104 7. Subsection 53(2) of the Act is replaced by the following: Exceptions to priority rights (2) A deputy head may deploy a person without regard to any other person’s right to be appointed under section 39.1 or subsection 41(1) or (4) or any regulations made under paragraph 22(2)(a). 2006, c. 9, s. 105 8. Section 87 of the Act is replaced by the following: No right to complain 87. No complaint may be made under section 77 in respect of an appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 39.1 (priority — members of the Canadian Forces) or 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made under paragraph 22(2)(a). TRANSITIONAL PROVISIONS Priority 9. (1) Section 39.1 of the Public Service Employment Act applies to a person who is described in any of paragraphs 8(1)(a) to (e) of the Public Service Employment Regulations, who has had an entitlement to a priority under section 8 of those Regulations at any time during the period that begins on April 1, 2012 and ends on the day before the day on which this Act comes into force and who has been released from the Canadian Forces for medical reasons that are attribut-able to service, unless, during that period, the person has been appointed to a position in the public service for an indeterminate period or declined such an appointment without good and sufficient reason. Entitlement period (2) For the purposes of subsection (1), the entitlement to the priority established by section 39.1 of the Public Service Employment Act ends on the earliest of (a) the day that is five years after the day on which this Act comes into force, (b) the day on which the person is appointed to a position in the public service for an indeterminate period, and (c) the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason. COMING INTO FORCE Order in council 10. This Act comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Explanatory Notes Public Service Employment Act Clause 2: Relevant portion of subsection 22(2): (2) Without limiting the generality of subsection (1), the Commission may make regulations (a) establishing for any person or class of persons a right to be appointed — in priority to all persons other than those referred to in section 40 and subsections 41(1) and (4) — during the period specified by the Commission, to any position for which the Commission is satisfied that they meet the essential qualifications referred to in paragraph 30(2)(a); Clause 3: Existing text of section 38: 38. Paragraph 30(2)(b) does not apply in relation to any appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a). Clause 4: Relevant portion of subsection 39(1): 39. (1) In an advertised external appointment process, subject to any priorities established under paragraph 22(2)(a) and by sections 40 and 41, any of the following who, in the Commission’s opinion, meet the essential qualifications referred to in paragraph 30(2)(a) shall be appointed ahead of other candidates, in the following order: Clause 5: New. Clause 6: Existing text of section 43: 43. Notwithstanding sections 40 and 41 and any regulations made under paragraph 22(2)(a), if the Commission considers that the appointment of a person who has a right to be appointed in priority to other persons under any of those provisions will result in another person having a priority right, the Commission may decide not to apply that provision in that case. Clause 7: Existing text of subsection 53(2): (2) A deputy head may deploy a person without regard to any other person’s right to be appointed under subsection 41(1) or (4) or any regulations made pursuant to paragraph 22(2)(a). Clause 8: Existing text of section 87: 87. No complaint may be made under section 77 in respect of an appointment under subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a).