Bill 97 2015

An Act to amend the Public Service of Ontario Act, 2006

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The Public Service of Ontario Act, 2006 is amended by adding the following sections:

Priority for Veterans, Members of the Canadian Forces, etc.

Interpretation and application

   51.1  (1)  In sections 51.2 and 51.3,

"external appointment process" means a process for making one or more appointments in which persons may be considered whether or not they are public servants employed under this Part; ("processus de nomination externe")

"internal appointment process" means a process for making one or more appointments in which only public servants employed under this Part may be considered. ("processus de nomination interne")

Same

   (2)  The rules set out in sections 51.2 and 51.3 apply despite any provisions in any other Act or regulation or in a collective agreement respecting,

  (a)  eligibility to participate in an advertised internal appointment process; or

  (b)  priority of appointment in an advertised external appointment process.

Internal appointment process

   51.2  (1)  The following persons may participate in an advertised internal appointment process for filling a position in the public service:

    1.  A member of the Canadian Forces who has accumulated at least three years of service.

    2.  A person who served at least three years in the Canadian Forces but is not currently a member of the Canadian Forces, and who was honourably released within the meaning of the regulations made under the National Defence Act (Canada).

Expiry

   (2)  The right of a person described in paragraph 2 of subsection (1) to participate in an advertised internal appointment process expires five years after the date of the person's release from the Canadian Forces.

Deeming

   (3)  A person 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.

Complaint

   (4)  Where the Public Service Commission has made or proposed an appointment in an advertised internal appointment process,

  (a)  if a person described in subsection (1) was not permitted to participate in the process or was not appointed to the position, he or she may file a complaint about the appointment with the Public Service Grievance Board; and

  (b)  if a person described in subsection (1) was appointed to the position, no other person may file a complaint about the appointment.

Right to participate

   (5)  In this section, the right to participate in an appointment process means the right to submit a résumé for consideration, but does not include a right to an interview or any other priority in the appointment process.

External appointment process

   51.3  (1)  In an advertised external appointment process, any of the following who, in the opinion of the Public Service Commission, meet the qualifications for the position advertised, shall be appointed ahead of other candidates, in the following order:

    1.  A person who was released from the Canadian Forces for medical reasons that the Minister of Veteran Affairs of Canada determines are attributable to service.

    2.  A person who is in receipt of a pension by reason of war service, within the meaning of the Public Service Employment Act (Canada).

    3.  A veteran or a survivor of a veteran, as defined in the Public Service Employment Act (Canada).

Complaint

   (2)  Where the Public Service Commission has made or proposed an appointment in an advertised external appointment process,

  (a)  if a person described in subsection (1) was not appointed to the position, he or she may file a complaint about the appointment with the Public Service Grievance Board; and

  (b)  if a person described in subsection (1) was appointed to the position, no other person may file a complaint about the appointment.

   2.  Subsection 55 (1) of the Act is amended by adding the following clause:

   (c)  governing all matters relating to the participation of the persons mentioned in subsections 51.2 (1) and 51.3 (1) in internal and external appointment processes and their appointment to positions in the public service.

Commencement

   3.  This Act comes into force on six months after the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Veterans Employment Act, 2015.

EXPLANATORY NOTE

The Bill adds a provision to the Public Service of Ontario Act, 2006 permitting certain current and past members of the Canadian Forces to participate in internal appointment processes for appointments in the public service of Ontario. The Act is also amended to give priority in external appointment processes to persons released from the Canadian Forces for medical reasons, persons who are in receipt of a pension by reason of war service and veterans or survivors of veterans. Related amendments are made.