PUBLIC SERVICE |
Appeals |
Levy v. Canada (Attorney General)
T-1390-02
2004 FC 633, O'Reilly J.
30/4/04
11 pp.
Judicial review of Public Service Commission Appeal Board's dismissal of appeal from results of competition-- Applicant missed deadline to appeal because on vacation-- Board concluding not exceptional circumstance justifying extension of usual appeal period--Public Service Employment Regulations, 2000 (Regulations), s. 21(1) allowing unsuccessful candidates to appeal results of competition, but setting tight 14-day period for doing so--Also providing exception to usual deadline in exigent circumstances--In order to fit within s. 21(2) exception, candidates must demonstrate "exceptional circumstances" "beyond candidate's control" preventing candidate from filing appeal within usual time frame--Competition here large, improbable Department of Foreign Affairs and International Trade orchestrated posting of competition's results specifically to defeat applicant's appeal while he was on holidays--14-day appeal period will sometimes correspond with or fall within candidate's holiday time--When it does so, not exceptional circumstances--Something more required--Applicant knew results of competition could be posted at any time, including while on holiday--Applicant in control of agenda, could have chosen to go on vacation at another time--As to last criterion, applicant could have taken steps to ensure informed of results of competition, or that appeal filed on time, while on holiday --Regulations governing appeals clear and exception from usual appeal period narrow--Regulations not exceeding regulation-making authority found in Public Service Employment Act (Act)--Applicant arguing implicit in provision of right of appeal in Act appeal period should run from time unsuccessful candidate actually informed of results of competition--Regulations providing appeal period runs from point in time when unsuccessful candidate "considered to have been informed" of them--Nothing in Regulations inconsistent with Act--Application dismissed--Public Service Employment Act, R.S.C., 1985, c. P-33--Public Service Employment Regulations, 2000, SOR/2000-80, s. 21.