L1 Flashcards
How governments take action
- Statute: Authorized by a statute (i.e., laws/ acts) enacted by Parliament
- Regulation: A regulation (regulations are the rules that address the details and practical applications of the law) made in accordance with a legislative grant of authority
- Order-in-council (does not go through legislative process)
Statute v. Regulation
Statute is passed by the legislature.
Regulation is a law subordinate to a statute created by an agency designed to enforce a statute.
Financial Administration Act (FAA)
- TB: Creates Treasury Board of Canada
- Finantial Resp. and HR: Gives TB responsibility of financial and HR resources for the FPS
- Division: Sets division of FPS managed by TB and those that are not.
The Public Service Labour Relations Act (PSLRA)
- Set rules for collective bargaining b/w FPS unions and FPS.
- Sets out dispute resolution for non-unionized and unionized employees.
The Public Service Employment Act (PSEA)
- Appointment: Establishes rules for appointments.
- Merit: Appointments should be made on merit.
- Political activity: Rules governing political activity by FPS.
Four major categories of the federal public sector:
- The Core Public Administration (FPAdmin)
- Separate Agencies (FPAdmin)
- Departmental Corporations (e.g., Nat’l Research Council)
- Crown Corporations (FPSector, not FPService) (e.g., Bell Telephone)
Who constitutes the employer of public servants
Her Majesty the Queen represented by Treasury Board through the FAA (Fin. Admin. Act).
Merit-Based School
- Championed by US Pres. Woodrow Wilson
2. Public servants should be hired solely on merit.
Privacy Act
- Enforcement: Enforced by the Privacy Commissioner.
- Access to Information: Certain information regarding FPS is accessible to the public (e.g., wage, work address, etc.)
- Employee can request any information about themselves
Official Languages Act
- Enforced by Official Languages Commissioner
2. FPS in certain regions have the right to work in their language of choice.
Public Servants Disclosure Protection Act
- Protects whistle blowers.
2. Sets out the terms in which a FPS is protected.
Public Criticism and Whistle-Blowing
- Free speech v. loyalty: For FPS, right to free speech is limited to duty to loyalty.
- Disclosure protection act: Public Servants protected by Disclosure Protection Act
Political Activity
- Deputy head: Public service employees under the deputy head level can engage in political activities.
- Permission: Must obtain permission from PSC to run in an election.
Pay Equity
- Human Rights Commission: Pay equity is the FPS must be addressed through the Human Rights Commission.
Canadian Human Rights Act
- Applies: applies to FPS.
- FPSLRA: Process FPS must go through is different than others; through FPSLRA.
- prohibits discrimination of 11 separate grounds
