Vol. 139, No. 19 — September 21, 2005

Registration
SOR/2005-289 September 9, 2005

PUBLIC SERVICE EMPLOYMENT ACT

Office of the Governor General's Secretary Priority Regulations

The Public Service Commission, pursuant to paragraph 35(2)(a) (see footnote a) of the Public Service Employment Act, hereby makes the annexed Office of the Governor General's Secretary Priority Entitlement Regulations.

Ottawa, Ontario, September 8, 2005

OFFICE OF THE GOVERNOR GENERAL'S SECRETARY PRIORITY ENTITLEMENT REGULATIONS

INTERPRETATION

1. The following definitions apply in these Regulations.

"Act" means the Public Service Employment Act. (Loi)

"excluded position" means a position excluded from the operation of the Act under the Office of the Governor-General's Secretary Exclusion Approval Order. (poste exclu)

PRIORITY ENTITLEMENT

2. Subject to sections 3 and 4, a person who ceases to be employed in an excluded position and who fulfils one of the following conditions is entitled to be appointed without competition and, subject to sections 29, 30 and 39 of the Act, in priority to all other persons to a position in the public service for which, in the opinion of the Public Service Commission, the person is qualified:

(a) the person was an employee, within the meaning of section 2 of the Act, at the time they were appointed to the excluded position;

(b) the person qualified for appointment under the Act to the public service while employed in the Office of the Governor General's Secretary; or

(c) the person was employed in the Office of the Governor General's Secretary for at least three years.

DURATION OF ENTITLEMENT

3. The right to be appointed is conferred for a period beginning on the day on which the person ceases to be employed in an excluded position and ending on the earliest of

(a) the day that is one year after the person ceases to be employed in the excluded position,

(b) the day on which the person is appointed to another position for an indeterminate period, and

(c) the day on which the person declines an appointment to another position for an indeterminate period without good and sufficient reason.

NOT APPLICABLE

4. The right to be appointed does not apply to appointments referred to in subsection 10(2) of the Act, acting appointments within the meaning of section 1 of the Public Service Employment Regulations, 2000, appointments for a specified period and, except in the case of an appointment referred to in section 39 of those Regulations, appointments that would constitute promotions within the meaning of section 2 of those Regulations.

COMING INTO FORCE

5. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

Under the authority provided by paragraph 35(2)(a) of the Public Service Employment Act, the Public Service Commission is making the Office of the Governor General's Secretary Priority Entitlement Regulations. These Regulations establish a right for certain persons to be appointed in priority to others to positions in the public service of Canada.

A priority entitlement is created for those persons meeting the criteria outlined in the Regulations, who are employed in the Office of the Governor General's Secretary and appointed to a position which is excluded through the Office of the Governor-General's Secretary Exclusion Approval Order from the provisions of the Public Service Employment Act. This will increase opportunities for them to find a position in the public service for which, in the opinion of the Public Service Commission, the person is qualified.

The priority entitlement will be effective for a period of one year, beginning on the date the employee ceases to be employed in the Office of the Governor General's Secretary. Employees of this office cease to be employed thirty days after the day on which the Governor General ceases to hold office.

Alternatives

There is no other way, but through Regulations, to provide this type of priority entitlement.

These Regulations grant the persons mentioned above a priority entitlement for a period of one year.

Benefits and Costs

These Regulations will increase opportunities to place employees whose employment status has been adversely affected due to the departure of the Governor General. It will also make it possible for the public service to make the best possible use of the skills of these employees.

No additional costs are expected as a result of these Regulations.

Consultation

The Public Service Commission consulted representatives of the Public Service Commission Advisory Council. Representatives of the departments and agencies and those of the bargaining agents supported granting the priority entitlement to those employees.

Compliance and Enforcement

Through its Audit Branch and Policy Branch, the Public Service Commission will monitor and audit the staffing practices followed in applying the Regulations.

Contact

Helen Barkley
Policy Specialist
Public Service Commission
L'Esplanade Laurier, West Tower
300 Laurier Avenue West
Ottawa, Ontario
K1A 0M7
Telephone: (613) 996-9653
FAX: (613) 943-2481
E-mail: Helen.Barkley@psc-cfp.gc.ca

Footnote a

S.C. 1992, c. 54, s. 23

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