Vol. 151, No. 25 — December 13, 2017

Registration
SI/2017-74 December 13, 2017

PUBLIC SERVICE EMPLOYMENT ACT

Appointment or Deployment of Alternates Exclusion Approval Order

P.C. 2017-1437 November 23, 2017

Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Works and Government Services, pursuant to section 20 of the Public Service Employment Act (see footnote a), approves

Whereas the Public Service Commission has decided that it is neither practicable nor in the best interests of the public service to apply section 16, paragraph 22(2)(a) (see footnote f), subsection 29(3), sections 30, 31 and 39.1 to 48 (see footnote g), subsection 51(4) and section 77 (see footnote h) of the Public Service Employment Act (see footnote i) to an indeterminate employee who is appointed or deployed to the position of an indeterminate employee whose work unit is relocated and who does not wish to relocate or whose services are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside the public service and who has not received a guarantee of a reasonable job offer;

And whereas, pursuant to subsection 20(2) of that Act, the Public Service Commission has consulted with the employer;

Therefore, the Public Service Commission, pursuant to section 20 of the Public Service Employment Act (see footnote j),

Ottawa, July 18, 2017

Patrick Borbey
President of the Public Service Commission

Susan Cartwright
Commissioner

Daniel Tucker
Commissioner

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The new Appointment or Deployment of Alternates Exclusion Approval Order (the new Order) adds the new section 39.1 of the Public Service Employment Act (PSEA) to the list of provisions from which the appointments and deployments of alternates are excluded.

Objectives

On July 1, 2015, the Veterans Hiring Act came into force and amended the Public Service Employment Act (PSEA) by creating a new statutory priority entitlement (section 39.1), which is granted to Canadian Forces members who are released for medical reasons that are attributable to service.

The primary objective of the new Order is to ensure that the alternates program remain effective and efficient as originally approved, by continuing to provide that alternates can be appointed or deployed without having regard to persons with a priority entitlement. To do so, the Appointment or Deployment of Alternates Regulations must be updatedand a new Appointment or Deployment of Alternates Exclusion Approval Order must be made.

Background

The Appointment or Deployment of Alternates Exclusion Approval Order and the related Appointment or Deployment of Alternates Regulations were made during the downsizing that occurred following Budget 2012 to facilitate departures from the public service.

An alternation allows an indeterminate employee whose position is abolished (the “opting employee”) to remain in the public service by exchanging positions with that of an employee who wishes to leave the public service (the “alternate”). There is no vacant position to be filled in an alternation process.

The alternate never performs the duties of the position of the opting employee. Consequently, their appointment is excluded from having to meet certain conditions that usually govern appointments, such as the consideration of persons with a priority entitlement.

Implications

The new Order adds the new section 39.1 of the PSEA to the list of provisions from which the appointments and deployments of alternates are excluded, thereby allowing departments to continue conducting alternation processes without having to consider persons with priority entitlement, including persons with a priority entitlement under section 39.1 of the PSEA.

There are no financial implications to the Government associated with this Order.

Consultations

As there is no expected impact on the Canadian population, consultations were conducted within the Public Service Commission only.

Departmental 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@cfp-psc.gc.ca