Vol. 133, No. 39 — September 25, 1999

Regulations Amending the Student Employment Programs Regulations

Statutory Authority

Public Service Employment Act

Sponsoring Agency

Public Service Commission

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Effective January 1, 1998, the Treasury Board approved revisions to the Student Employability Skills Policy that was implemented in July 1996. The most significant change was the addition of an objective that encourages federal organizations to hire students in order to develop a pool of qualified candidates for future Public Service appointments. This created the need for mechanisms to facilitate the appointment of students in whom departments had made a significant investment.

After consultations with the Treasury Board Secretariat, departments and bargaining agents, the Public Service Commission implemented bridging mechanisms to facilitate such appointments. The mechanisms provide two options to managers: one is a closed competition mechanism and the other is a without competition mechanism from outside the Public Service. The closed competition mechanism is subject to the Regulations respecting the hiring of persons within Student Employment Programs. These Regulations were approved by the Governor in Council (P.C. 1998-1270) on July 15, 1998, and registered (SOR/98-379) on July 15, 1998.

Presently, students appointed through competitive processes open only to persons employed in the Public Service are not subject to a probationary period. This results from the fact that the section of the Public Service Employment Act (PSEA) that relates to probation applies only to external appointments. In addition, section 5 of these Regulations specifically states that the appointment of former students as a result of closed competitions is considered to be from within the Public Service.

The need for a probationary period for these former students stems from the fact that their previous appointments under the Student Employment Programs were not subject to section 28 of the PSEA and section 32 of the Public Service Employment Regulations (PSER). Consequently, the fact that these former students were not subject to a probationary period when employed within Student Employment Programs, and given that their subsequent appointment using the closed competition mechanism is from within the Public Service, they will not serve a probationary period during their Public Service career. This results in these former students being treated differently than former students appointed from outside the Public Service and most other initial appointees to the Public Service. Therefore, it is proposed that these Regulations be amended by adding section 5.2 which makes students appointed using the closed competition mechanism subject to a probationary period.

Alternatives

The proposed Regulations are the only way to subject former students to a probationary period.

Benefits and Costs

The introduction of the proposed Regulations results in consistent treatment of former students upon initial appointment to the Public Service, as most other appointments from outside the Public Service (i.e., those made pursuant to certain Exclusion Approval Orders) are subject to a probationary period.

The provision of a probationary period for former students provides managers with a more consistent, efficient, and effective process for dealing with the unsatisfactory performance of new appointees. It also provides for consistent treatment of these students and those appointed from outside the Public Service.

The proposed Regulations serve the public interest by ensuring that the Public Service is comprised of highly competent individuals.

There are no costs associated with the implementation of the proposed Regulations.

Consultation

The need to make the proposed Regulations was identified as a result of concerns raised during the recent working group consultations with departments and unions on the review of the PSER.

Subsequent to the working group meetings, stakeholder representatives were informed about the proposed change and given an opportunity to provide feedback. No comments were received regarding this proposed change.

Representatives of the Treasury Board Secretariat responsible for the policy aspects of student employment programs were consulted on this change and agreed with the proposal.

Compliance and Enforcement

Through its Resourcing and Learning Programs Branch, its Policy, Research and Communications Branch and its Recourse Branch, the Public Service Commission monitors and audits the staffing practices followed by departments.

Contact

Régis Gaudreault, Acting Director, Policy Development Services, Resourcing Policy and Legislation Directorate, Policy, Research and Communications Branch, Public Service Commission of Canada, (613) 992-9706.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 37(1) of the Public Service Employment Act, proposes to make the annexed Regulations Amending the Student Employment Programs Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must be addressed to Régis Gaudreault, Acting Director, Policy Development Services, Resourcing Policy and Legislation Directorate, Policy, Research and Communications Branch, Public Service Commission, L'Esplanade Laurier, West Tower, Room B1751, Ottawa, Ontario K1A 0M7, (613) 992-9706, and cite the Canada Gazette, Part I, and the date of publication of this notice.

Ottawa, September 16, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE STUDENT EMPLOYMENT PROGRAMS REGULATIONS

AMENDMENT

1. The Student Employment Programs Regulations (see footnote 1) are amended by adding after section 5.1 the following:

5.2 A person who is appointed as a result of a closed competitive process shall be considered to be on probation from the date of the appointment until the end of such period as established by the Commission in the Public Service Employment Regulations.

COMING INTO FORCE

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

[39-1-o]

Footnote 1

SOR/97-194

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