2003, c. 22, ss. 12, 13

[Assented to November 7, 2003]

[Enacted by sections 12 and 13 of chapter 22 of the Statutes of Canada, 2003, in force December 31, 2005, see SI/2005-122.]

An Act respecting employment in the public service

Recognizing that

the public service has contributed to the building of Canada, and will continue to do so in the future while delivering services of highest quality to the public;

Canada will continue to benefit from a public service that is based on merit and non-partisanship and in which these values are independently safeguarded;

Canada will also continue to gain from a public service that strives for excellence, that is representative of Canada's diversity and that is able to serve the public with integrity and in their official language of choice;

the public service, whose members are drawn from across the country, reflects a myriad of backgrounds, skills and professions that are a unique resource for Canada;

authority to make appointments to and within the public service has been vested in the Public Service Commission, which can delegate this authority to deputy heads;

those to whom this appointment authority is delegated must exercise it within a framework that ensures that they are accountable for its proper use to the Commission, which in turn is accountable to Parliament;

delegation of staffing authority should be to as low a level as possible within the public service, and should afford public service managers the flexibility necessary to staff, to manage and to lead their personnel to achieve results for Canadians; and

the Government of Canada is committed to a public service that embodies linguistic duality and that is characterized by fair, transparent employment practices, respect for employees, effective dialogue, and recourse aimed at resolving appointment issues;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act may be cited as the Public Service Employment Act.

2. (1) The following definitions apply in this Act.

“Commission” means the Public Service Commission continued by subsection 4(1).

“department” means

(a) an organization named in Schedule I to the Financial Administration Act;

(b) any other organization that is designated by the Governor in Council as a department for the purposes of this Act; or

(c) any part of any organization that is designated by the Governor in Council as a department for the purposes of this Act.

“deployment” means the transfer of a person from one position to another in accordance with Part 3.

“deputy head”

(a) in relation to an organization named in Schedule I to the Financial Administration Act, its deputy minister;

(b) in relation to any organization or part of an organization that is designated as a department under this Act, the person that the Governor in Council designates as the deputy head for the purposes of this Act; and

(c) in relation to any organization named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive authority to make appointments, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person designated by the Governor in Council as its deputy head for the purposes of this Act.

“employee” means a person employed in that part of the public service to which the Commission has exclusive authority to make appointments.

“employer” means

(a) the Treasury Board, in relation to an organization named in Schedule I or IV to the Financial Administration Act; or

(b) in relation to a separate agency to which the Commission has exclusive authority to make appointments, that separate agency.

“external appointment process” means a process for making one or more appointments in which persons may be considered whether or not they are employed in the public service.

“internal appointment process” means a process for making one or more appointments in which only persons employed in the public service may be considered.

“minister”, except in section 131, means any minister referred to in section 4.1 of the Salaries Act and any minister of State referred to in the Ministries and Ministers of State Act.

“organization” means any portion of the federal public administration named in Schedule I, IV or V to the Financial Administration Act.

“public service” means the several positions in or under

(a) the departments named in Schedule I to the Financial Administration Act;

(b) the organizations named in Schedule IV to that Act; and

(c) the separate agencies named in Schedule V to that Act.

“separate agency” means an organization named in Schedule V to the Financial Administration Act.

“statutory deputy head” means any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head.

“Tribunal” means the Public Service Staffing Tribunal continued by subsection 88(1).

(2) In this Act, unless the context otherwise requires,

(a) a reference to a deputy head in relation to an employee shall be construed as a reference to the deputy head of the department or other organization, as the case may be, in which the employee is employed; and

(b) a reference to a deputy head in relation to an appointment shall be construed as a reference to the deputy head of the department or other organization, as the case may be, in which the appointment is made.

(3) A reference in this Act to an occupational group shall be construed as a reference to a group or subgroup of employees defined by the employer, and a reference to the executive group shall be construed as a reference to an occupational group or subgroup designated by the employer and consisting of management personnel.

(4) For greater certainty, a reference in this Act to abuse of authority shall be construed as including bad faith and personal favouritism.

2003, c. 22, ss. 12 "2", 271; 2005, c. 16, s. 17.

3. If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject-matter of the provision referred to, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only.

4. (1) The Public Service Commission is continued, consisting of a President and two or more other Commissioners.

(2) In order to be eligible to hold office as a Commissioner, a person must be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act.

(3) The President shall serve on a full-time basis and the other Commissioners on a part-time basis.

(4) Commissioners shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their functions, and the President shall devote the whole of his or her time to the performance of the President’s functions.

(5) The President and other Commissioners shall be appointed by the Governor in Council. The appointment of the President shall be made by commission under the Great Seal, after approval by resolution of the Senate and House of Commons.

(6) A Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons.

(7) A Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years.

(8) Before commencing his or her functions, a Commissioner shall take an oath or make a solemn affirmation in the following form before the Clerk of the Privy Council or the person designated by the Clerk:

I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of (Commissioner or President, as the case may be) of the Public Service Commission. (Add, in the case where an oath is taken, “So help me God” (or name of deity).)

5. (1) The Commissioners shall be paid the remuneration determined by the Governor in Council.

(2) The Commissioners are entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from their ordinary place of residence or, in the case of the President, while absent from his or her ordinary place of work.

(3) The President is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

(4) The Commissioners are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act.

6. (1) The President is the chief executive officer of the Commission.

(2) The President shall reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance of it specified by the Governor in Council.

(3) If the President is absent or unable to act or if the office of President is vacant, the minister designated under section 23 may authorize a Commissioner or other qualified person to act as President for a period not exceeding sixty days, and the Governor in Council may authorize a Commissioner or other qualified person to act as President for any longer period.

7. (1) A majority of the Commissioners constitutes a quorum of the Commission.

(2) A vacancy in the membership of the Commission does not impair the right of the remaining Commissioners to act.

8. The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act.

9. The Commission may appoint the persons necessary for the proper conduct of its work in the manner authorized by this Act.

10. (1) The Commission may retain on a temporary basis the services of experts or other persons having technical or special knowledge to assist it in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration.

(2) Persons whose services are retained under subsection (1) are not employed in the public service for the purposes of the Public Service Superannuation Act.

11. The mandate of the Commission is

(a) to appoint, or provide for the appointment of, persons to or from within the public service in accordance with this Act;

(b) to conduct investigations and audits in accordance with this Act; and

(c) to administer the provisions of this Act relating to political activities of employees and deputy heads.

12. The Commission shall perform any functions in relation to the public service that are assigned to it by the Governor in Council.

13. Any power or function of the Commission under this Act, other than under section 20 or 22, may be exercised or performed by any Commissioner or employee of the Commission authorized by the Commission to do so and, if so exercised or performed, is deemed to have been exercised or performed by the Commission.

14. The Commission shall, on request or if it considers consultation necessary or desirable, consult with the employer or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act with respect to policies respecting the manner of making and revoking appointments or with respect to the principles governing lay-offs or priorities for appointment.

15. (1) The Commission may authorize a deputy head to exercise or perform, in relation to his or her organization, in the manner and subject to any terms and conditions that the Commission directs, any of the powers and functions of the Commission under this Act, other than its powers under sections 17, 20 and 22, its power to investigate appointments under sections 66 to 69 and its powers under Part 7.

(2) Subject to subsection (3), the Commission may revise or rescind an authorization granted under this section.

(3) Where the Commission authorizes a deputy head to make appointments pursuant to an internal appointment process, the authorization must include the power to revoke those appointments and to take corrective action whenever the deputy head, after investigation, is satisfied that an error, an omission or improper conduct affected the selection of a person for appointment.

(4) In authorizing a deputy head under subsection (3), the Commission is not required to include the authority to revoke appointments or to take corrective action in circumstances referred to in sections 68 and 69.

(5) The Commission may not revoke an appointment referred to in subsection (3) or take corrective action in relation to such an appointment except in circumstances referred to in sections 68 and 69.

(6) Where the appointment of a person is revoked by a deputy head acting pursuant to subsection (3), the Commission may appoint that person to another position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a).

16. In exercising or performing any of the Commission’s powers and functions pursuant to section 15, a deputy head is subject to any policies established by the Commission under subsection 29(3).

17. The Commission may conduct audits on any matter within its jurisdiction and on the exercise, by deputy heads, of their authority under subsection 30(2) and may make recommendations to deputy heads.

18. In conducting an audit, the Commission has all the powers of a commissioner under Part I of the Inquiries Act.

19. (1) The Commission may direct that any audit under section 17 be conducted, in whole or in part, by a Commissioner or any other person.

(2) In relation to a matter before a Commissioner under subsection (1), the Commissioner has the powers referred to in section 18.

(3) In relation to a matter before a person other than a Commissioner under subsection (1), the person has the powers referred to in section 18 subject to any limitations specified by the Commission.

20. (1) Where the Commission decides that it is neither practicable nor in the best interests of the public service to apply this Act or any of its provisions to any position or person or class of positions or persons, the Commission may, with the approval of the Governor in Council, exclude that position, person or class from the application of this Act or those provisions.

(2) The Commission shall consult the employer in respect of an exclusion from any provision of this Act whose application is not within the Commission’s jurisdiction.

(3) The Commission may, with the approval of the Governor in Council, re-apply any of the provisions of this Act to any position or person, or class of positions or persons, excluded pursuant to subsection (1).

21. The Governor in Council may, on the recommendation of the Commission, make regulations prescribing how any position or person, or class of positions or persons, excluded under section 20 from the application of this Act or any of its provisions is to be dealt with.

22. (1) The Commission may make any regulations that it considers necessary to give effect to the provisions of this Act relating to matters under its jurisdiction.

(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) to (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);

(b) determining the order of priority of the rights to appointment established by any regulations made under paragraph (a);

(c) respecting appointments on an acting basis and the maximum period for which any such appointments or any class of such appointments may be made, and excluding any such appointments or class from the operation of any or all of the provisions of this Act;

(d) for the purpose of facilitating the implementation of employment equity programs developed by an employer or a deputy head, respecting the appointment to or from within the public service of persons belonging to a designated group within the meaning of section 3 of the Employment Equity Act, and excluding any such persons or any group of such persons from the operation of any or all of the provisions of this Act;

(e) respecting the appointment of persons within the executive group or to the executive group from within or outside the public service, and excluding any such persons or any class of such persons from the operation of any or all of the provisions of this Act;

(f) respecting the disclosure of information obtained in the course of an investigation under this Act;

(g) defining “incumbent-based process” for the purposes of subsection 34(1);

(h) prescribing the manner in which and the period within which allegations are to be made, and the manner in which investigations are to be conducted under Part 7; and

(i) respecting the manner of laying off employees and the manner of selecting employees to be laid off, for the purposes of section 64.

23. (1) The Commission shall, as soon as possible after the end of each fiscal year, prepare and transmit to the minister designated by the Governor in Council for the purposes of this section a report for that fiscal year in respect of matters under its jurisdiction.

(2) The minister to whom the report is transmitted shall cause the report to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the minister receives it.

(3) The Commission may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers and functions of the Commission where, in the opinion of the Commission, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for transmission of the next annual report of the Commission.

24. (1) Subject to subsection (2), a deputy head may authorize any person to exercise or perform any of the powers and functions conferred on the deputy head by this Act.

(2) Where the Commission has authorized a deputy head under subsection 15(1) to exercise or perform any of the Commission’s powers and functions, the deputy head may — subject to the Commission’s approval and any terms and conditions specified under that subsection — authorize another person to exercise or perform any of those powers or functions, other than the power to revoke appointments.

25. In the absence of the deputy head of a department or other organization, the powers and functions of the deputy head may be exercised by the person designated by the deputy head to act in his or her absence or, if no person has been so designated or there is no deputy head,

(a) the person designated by the person who, under the Financial Administration Act, is the appropriate Minister with respect to that department or other organization; or

(b) any other person designated by the Governor in Council.

26. (1) The Treasury Board may, in respect of organizations named in Schedule I or IV to the Financial Administration Act, make regulations

(a) respecting deployments;

(b) defining the word “promotion” for the purposes of subsection 51(5);

(c) establishing periods of probation for the purposes of subsection 61(1) and notice periods for the purposes of subsection 62(1); and

(d) in respect of any occupational group or part of one, extending or changing to levels the provisions of this Act that apply to positions.

(2) A separate agency to which the Commission has exclusive authority to make appointments may make policies for the purposes referred to in subsection (1) in respect of the separate agency.

27. An employer shall, on request or if it considers consultation necessary or desirable,

(a) consult with the Commission, or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act, with respect to regulations made under paragraph 26(1)(b) or (d) or corresponding policies made under subsection 26(2), as the case may be; and

(b) consult with any employee organization so certified with respect to regulations made under paragraph 26(1)(a) or (c) or corresponding policies made under subsection 26(2), as the case may be, or with respect to any standards established under subsection 31(1).

28. As soon as possible after the end of each fiscal year, the President of the Treasury Board shall prepare a report on the exercise of the Treasury Board’s responsibilities under this Act for that fiscal year, and shall cause the report to be laid before each House of Parliament.

29. (1) Except as provided in this Act, the Commission has the exclusive authority to make appointments, to or from within the public service, of persons for whose appointment there is no authority in or under any other Act of Parliament.

(2) The Commission’s authority under subsection (1) may only be exercised at the request of the deputy head of the organization to which the appointment is to be made.

(3) The Commission may establish policies respecting the manner of making and revoking appointments and taking corrective action.

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.

(2) An appointment is made on the basis of merit when

(a) the Commission is satisfied that the person to be appointed meets the essential qualifications for the work to be performed, as established by the deputy head, including official language proficiency; and

(b) the Commission has regard to

(i) any additional qualifications that the deputy head may consider to be an asset for the work to be performed, or for the organization, currently or in the future,

(ii) any current or future operational requirements of the organization that may be identified by the deputy head, and

(iii) any current or future needs of the organization that may be identified by the deputy head.

(3) The current and future needs of the organization referred to in subparagraph (2)(b)(iii) may include current and future needs of the public service, as identified by the employer, that the deputy head determines to be relevant to the organization.

(4) The Commission is not required to consider more than one person in order for an appointment to be made on the basis of merit.

31. (1) The employer may establish qualification standards, in relation to education, knowledge, experience, occupational certification, language or other qualifications, that the employer considers necessary or desirable having regard to the nature of the work to be performed and the present and future needs of the public service.

(2) The qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i) must meet or exceed any applicable qualification standards established by the employer under subsection (1).

32. In respect of appointments made within the framework of any professional development or apprenticeship program that is offered across departments and other organizations, the qualifications, requirements and needs referred to in subsection 30(2) are established or identified by the Treasury Board with respect to organizations for which the Treasury Board is the employer.

33. In making an appointment, the Commission may use an advertised or non-advertised appointment process.

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.

35. (1) Unless otherwise provided in any other Act, a person employed in a separate agency to which the Commission does not have the exclusive authority to make appointments

(a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section; and

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

(2) A person not otherwise employed in the public service who is employed in any portion of the federal public administration designated under subsection (4)

(a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all persons employed in the public service to be considered, as long as the person meets the other criteria, if any, established under that section; and

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

(3) A person employed by the Tribunal under subsection 95(1) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section.

(4) The Governor in Council may, on the recommendation of the Commission, designate any portion of the federal public administration for the purposes of subsection (2).

(5) The Governor in Council may, on the recommendation of the Commission, revoke any designation under subsection (4).

35.1 (1) A member of the Canadian Forces

(a) may participate in an advertised internal appointment process for which the organizational criterion established under section 34 entitles members of the Canadian Forces to be considered, as long as the member meets the other criteria, if any, established under that section; and

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

(2) A member who participates in a process referred to in subsection (1) is, for the purpose of the process, deemed to be a person employed in the public service.

(3) In this section, “member” means a person who is enrolled in the Canadian Forces.

2005, c. 21, s. 115.

36. In making an appointment, the Commission may use any assessment method, such as a review of past performance and accomplishments, interviews and examinations, that it considers appropriate to determine whether a person meets the qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i).

37. (1) An examination or interview, when conducted for the purpose of assessing qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i), other than language proficiency, shall be conducted in English or French or both at the option of the candidate.

(2) An examination or interview, when conducted for the purpose of assessing the qualifications of the candidate in the knowledge and use of English or French or both, or of a third language, shall be conducted in that language or those languages.

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), any of subsections 41(1) to (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).

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:

(a) a person who is in receipt of a pension by reason of war service, within the meaning of the schedule;

(b) a veteran or a survivor of a veteran, within the meaning of the schedule; and

(c) a Canadian citizen, within the meaning of the Citizenship Act, in any case where a person who is not a Canadian citizen is also a candidate.

(2) Where the Commission is satisfied that two or more candidates described in any of paragraphs (1)(a) to (c) meet the essential qualifications referred to in paragraph 30(2)(a), paragraph 30(2)(b) applies in the selection of a person from among the candidates described in that paragraph.

40. Notwithstanding section 41, after a deputy head informs an employee that the employee will be laid off pursuant to subsection 64(1) and before the lay-off becomes effective, the Commission may appoint the employee in priority to all other persons to another position under the deputy head’s jurisdiction if the Commission is satisfied that the employee meets the essential qualifications referred to in paragraph 30(2)(a) and that it is in the best interests of the public service to make the appointment.

41. (1) When an employee on leave of absence is replaced, pursuant to the appointment or deployment of another person for an indeterminate period to the employee’s position, priority for appointment shall be given over all other persons to

(a) the employee on leave of absence, for the duration of the leave of absence and a further period of one year; or

(b) if the employee on leave of absence returns to his or her position, the person who replaced that employee, for a period of one year after that employee returns to the position.

(2) Priority for appointment over all other persons shall be given to a person employed in the office of a minister, or in the office of a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, for a period of one year after the person ceases to be so employed, if

(a) the person was an employee immediately before becoming employed in that office; or

(b) while employed in that office the person was found by the Commission, in an advertised external appointment process, to have met the essential qualifications for an appointment to the public service.

(3) Priority for appointment, to a position at a level at least equivalent to that of executive assistant to a deputy head, shall be given over all other persons to a person who for at least three years has been employed as the executive assistant, special assistant or private secretary in an office referred to in subsection (2) or in any of those capacities successively, for a period of one year after they cease to be employed.

(4) Priority for appointment over all other persons shall be given, during the period determined by the Commission, to a person who is laid off pursuant to subsection 64(1).

(5) The priority of a person referred to in any of subsections (1) to (4) applies with respect to any position if the Commission is satisfied that that person meets the essential qualifications referred to in paragraph 30(2)(a).

(6) The order of appointment among persons described in subsections (1) to (4) shall follow the order of those subsections, and persons described in each of those subsections shall be appointed in the order determined by the Commission.

42. A person who is entitled under subsection 41(1) to be appointed to a position and who is not so appointed in the applicable period provided for in that subsection ceases to be an employee at the end of that period.

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.

44. A person who is laid off under subsection 64(1) is entitled, during any period that the Commission determines for any case or class of cases, to participate in any advertised appointment process for which the person would have been eligible had the person not been laid off.

45. Section 40, subsection 41(4) and section 44 do not apply to a person whose employment was for a specified term at the time they were informed that they would be laid off.

46. For the purposes of subsection 41(4) and section 44, a person who, while employed in the public service, does not accept an offer of employment made in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act that is a reasonable job offer within the meaning of an agreement respecting work force adjustment or who accepts an offer of employment, made in such circumstances, that is not a reasonable job offer within the meaning of such an agreement, is deemed to be laid off.

47. Where a person is informed by the Commission, at any stage of an internal appointment process, that the person has been eliminated from consideration for appointment, the Commission may, at that person’s request, informally discuss its decision with that person.

48. (1) After the assessment of candidates is completed in an internal appointment process, the Commission shall, in any manner that it determines, inform the following persons of the name of the person being considered for each appointment:

(a) in the case of an advertised internal appointment process, the persons in the area of selection determined under section 34 who participated in that process; and

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

(2) For the purposes of internal appointment processes, the Commission shall fix a period, beginning when the persons are informed under subsection (1), during which appointments or proposals for appointment may not be made.

(3) Following the period referred to in subsection (2), the Commission may appoint a person or propose a person for appointment, whether or not that person is the one previously considered, and the Commission shall so inform the persons who were advised under subsection (1).

49. The Commission’s decision to appoint a person or to propose a person for appointment is final and is not subject to appeal or review except in accordance with this Act.

50. (1) The Commission may appoint any person as a casual worker to that part of the public service to which the Commission has exclusive authority to make appointments.

(2) The period of employment of a casual worker may not exceed 90 working days in one calendar year in any particular department or other organization.

(3) The provisions of this Act, other than this section, do not apply to casual workers.

(4) A casual worker is not eligible to be considered for appointment in any internal appointment process.

(5) This section does not affect the Commission’s authority to appoint a person to or from within the public service, other than on a casual basis, for a specified term of ninety working days or less.