Vol. 149, No. 11 — June 3, 2015

Registration

SOR/2015-115 May 25, 2015

PUBLIC SERVICE EMPLOYMENT ACT

Regulations Amending the Public Service Employment Regulations

The Public Service Commission, pursuant to section 22 (see footnote a) of the Public Service Employment Act (see footnote b), makes the annexed Regulations Amending the Public Service Employment Regulations.

Gatineau, May 21, 2015

CHRISTINE DONOGHUE
President of the Public Service Commission

SUSAN M. W. CARTWRIGHT
Commissioner

D. G. J. TUCKER
Commissioner

REGULATIONS AMENDING THE PUBLIC SERVICE EMPLOYMENT REGULATIONS

AMENDMENTS

1. Section 1 of the Public Service Employment Regulations (see footnote 1) is amended by adding the following in alphabetical order:

“regular force”
« force régulière »

“regular force” has the same meaning as in subsection 2(1) of the National Defence Act.

“reserve force”
« force de réserve »

“reserve force” has the same meaning as in subsection 2(1) of the National Defence Act.

“special force”
« force spéciale »

“special force” has the same meaning as in subsection 2(1) of the National Defence Act.

2. The Regulations are amended by adding the following after section 4:

Canadian Forces — release for medical reasons attributable to service

4.1 (1) The following persons who are released from the Canadian Forces for medical reasons that the Minister of Veterans Affairs determines are attributable to service are entitled to the priority for appointment provided under section 39.1 of the Act:

Conditions

(2) Subject to subsection (3), the priority applies if

Alternative condition

(3) The priority applies if, on the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service, the person had an entitlement to a priority for appointment under section 8.

Beginning of entitlement period

(4) The entitlement period begins on

End of entitlement period

(5) The entitlement period ends on the earliest of

3. The Regulations are amended by adding the following after section 7:

RCMP — discharge for medical reasons

7.1 (1) The following persons who are discharged from the Royal Canadian Mounted Police for medical reasons are entitled to appointment in priority to all persons, other than those referred to in sections 39.1 and 40 and subsections 41(1) and (4) of the Act, to any position in the public service for which the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a) of the Act:

Conditions

(2) The priority applies if

Entitlement period

(3) The entitlement period begins on the day on which the person is ready to return to work, as certified by a competent authority, and ends on the earliest of

4. (1) Subsection 8(1) of the Regulations is replaced by the following:

Canadian Forces — release for medical reasons

8. (1) The following persons who are released from the Canadian Forces for medical reasons are entitled to appointment in priority to all persons, other than those referred to in sections 39.1 and 40 and subsections 41(1) and (4) of the Act, to any position in the public service for which the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a) of the Act:

(2) Paragraphs 8(1.1)(a) to ( c) of the Regulations are replaced by the following:

(3) Paragraph 8(2)(a) of the Regulations is replaced by the following:

(4) Subsection 8(3) of the Regulations is replaced by the following:

Interpretation

(3) In subsection (1), “Class B Reserve Service” and “Class C Reserve Service” have the same meaning as in sections 9.07 and 9.08, respectively, of the Queen’s Regulations and Orders for the Canadian Forces.

5. The Regulations are amended by adding the following after section 8:

Persons who had prior entitlement

8.01 (1) A person who had an entitlement to a priority under any of paragraphs 8(1)(a) to (d), as they read before the day on which this section comes into force, is entitled to the priority referred to subsection 8(1) if their previous entitlement period ends at any time during the period beginning on April 1, 2012 and ending on the day before the day on which this section comes into force.

Conditions

(2) Despite subsection 8(1.1), the priority applies if

Entitlement period

(3) Despite subsection 8(2), the entitlement period begins on the day on which this section come into force and ends on the earliest of

Entitlement period for existing entitlements

8.02 The entitlement period for a priority that is established under any of paragraphs 8(1)(a) to (d), as they read before the day on which this section comes into force, shall, if the period has not ended on or before the day on which this section comes into force, end on the earliest of

6. Paragraphs 8.1(1)(b) to ( f) of the Regulations are replaced by the following:

7. Section 12 of the Regulations is replaced by the following:

Excluded from priorities and notification

12. An acting appointment is excluded from the application of sections 39.1 and 40, subsections 41(1) and (4) and section 48 of the Act.

8. The Regulations are amended by replacing “section 40” with “sections 39.1 and 40” in the following provisions:

COMING INTO FORCE

9. These Regulations come into force on the day on which the Veterans Hiring Act, chapter 5 of the Statutes of Canada, 2015, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Regulations Amending the Public Service Employment Regulations (the Regulations) will prescribe the conditions of the statutory priority entitlement granted by the Veterans Hiring Act (S.C. 2015, c. 5) to members of the Canadian Forces whose medical release is attributable to service, and will amend the regulatory priority entitlement granted to medically released members of the Canadian Forces who will not be entitled to the statutory priority.

Background

The Veterans Hiring Act (VHA) amends the Public Service Employment Act (PSEA) in that it grants Canadian Forces members whose medical release is attributable to service a statutory entitlement for appointment in priority to vacancies in the federal public service. In addition, it prescribes that the Public Service Commission (PSC) will decide which classes of Canadian Forces members can be entitled to the statutory priority entitlement, and will determine the conditions and the duration of the entitlement.

The VHA also grants a new five-year priority entitlement to Canadian Forces members who were medically released for reasons attributable to service and had a priority entitlement between April 1, 2012, and the coming into force of the VHA.

Objectives

Through the Regulations, the PSC will prescribe the classes of Canadian Forces members that will be entitled to the statutory priority, that is, the priority granted to Canadian Forces members whose medical release is attributable to service, it will establish the conditions these persons must meet for the entitlement to apply, and it will prescribe the duration of the entitlement.

The Regulations will also amend the regulatory priority granted to Canadian Forces members released for medical reasons.

Description

Terms and conditions of the statutory priority entitlement

Classes of persons — The statutory priority entitlement under section 39.1 of the PSEA applies to all Canadian Forces members, i.e. members of the regular force, of the reserve force and of the special force.

Conditions — For the priority entitlement to apply, Canadian Forces members will be required to meet the following conditions within five years of their medical release, whether or not the Minister of Veterans Affairs has determined that the medical release was attributable to service

Duration of the entitlement — The priority entitlement will be for a period of five years. It will begin on the later of the day on which the person is ready to return to work, as certified by a competent authority, or the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service. It will end either with the member’s indeterminate appointment to the public service, their refusal of such an offer without good and sufficient reason, or the expiration of the period.

Members of the Royal Canadian Mounted Police

The regulatory priority entitlement of members of the Royal Canadian Mounted Police will remain unchanged.

Terms and conditions of the regulatory priority

Classes of people — Any full-time member of the Canadian Forces who is medically released but not entitled to the statutory priority entitlement under section 39.1 of the PSEA will be granted a regulatory priority entitlement, which will allow them to be appointed in priority, after persons entitled to a statutory priority, to any vacant position for which they meet the essential qualifications.

Conditions — The conditions will be identical to those applicable to the statutory priority.

Duration of the entitlement — The priority entitlement will be for a period of five years. It will begin on the day on which the person is ready to return to work, as certified by a competent authority, and end either with the member’s indeterminate appointment to the public service, their refusal of such an offer without good and sufficient reason, their entitlement to the statutory priority following a determination by the Department of Veterans Affairs, or the expiration of the period.

Finally, any member who had a priority entitlement between April 1, 2012, and the day preceding the day on which these Regulations come into force, and who is not entitled to priority under section 39.1 of the PSEA, will benefit from a new regulatory priority entitlement of five years.

Consultation

The proposed amendments to the Public Service Employment Regulations (PSER) have been developed in consultation with the Department of Veterans Affairs and the Department of National Defence.

“One-for-One” Rule and small business lens

The “One-for-One” Rule does not apply, as this proposal does not impose new administrative burden on business. The small business lens does also not apply, as this proposal has no impact on small businesses.

Implementation, enforcement and service standards

The PSC is responsible for administering and overseeing the provisions of the PSEA and the PSER regarding priority entitlements and for monitoring staffing practices in relation to the legislative framework for priorities. The PSC reports annually to Parliament on the health of the appointment system, which includes the administration of priority entitlements.

Contact

Lydie Dancausse
Senior Policy Advisor
Public Service Commission
22 Eddy Street
Gatineau, Quebec
K1A 0M7
Telephone: 819-420-6487
Fax: 819-420-6460
Email: Lydie.Dancausse@psc-cfp.gc.ca