ARCHIVED — Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order

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Vol. 144, No. 23 — November 10, 2010

Registration

SI/2010-81 November 10, 2010

PUBLIC SERVICE EMPLOYMENT ACT

P.C. 2010-1341 October 28, 2010

His Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 20 of the Public Service Employment Act (see footnote a), hereby approves

(a) the re-application of the provisions of that Act to the positions excluded pursuant to the Statistics Canada Census-Related Term Employment Exclusion Approval Order (see footnote b) and the persons occupying them, and

(b) the exclusion from the application of the definitions “deployment” and “internal appointment process” in subsection 2(1) and of paragraphs 22(2)(a) to (c) (see footnote c), and sections 40, 41 (see footnote d), 48, 51 to 53 (see footnote e), 57, 59 and 62 of that Act to positions in Statistics Canada whose function is solely to provide administrative or management support or to perform data processing duties for the purpose of conducting the population census and the agriculture census as described in the Statistics Act (see footnote f), or the National Household Survey made pursuant to sections 7 and 8 of the Statistics Act (see footnote g) when the survey replaces the population census long-form questionnaire and is conducted in conjunction with the population census and to the persons appointed or deployed to those positions on a specified term basis, except for other persons mentioned in subsection 5(1) of the Statistic Act (see footnote h).

Whereas the Public Service Commission has decided that it is neither practicable nor in the best interests of the public service to apply certain provisions of the Public Service Employment Act (see footnote i) to positions in Statistics Canada whose function is solely to provide administrative or management support or to perform data processing duties for the purpose of conducting the population census and the agriculture census as described in the Statistics Act (see footnote j), or the National Household Survey made pursuant to sections 7 and 8 of the Statistics Act (see footnote k) when it replaces the population census long-form questionnaire and is conducted in conjunction with the population census and to the persons appointed or deployed to those positions on a specified term basis, except for other persons mentioned in subsection 5(1) of the Statistics Act (see footnote l);

And whereas, pursuant to subsection 20(2) of the Public Service Employment Act (see footnote m), 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 n), hereby

(a) reapplies the provisions of that Act to the positions excluded pursuant to the Statistics Canada Census-Related Term Employment Exclusion Approval Order (see footnote o) and the persons occupying them, and

(b) excludes from the application of the definitions “deployment” and “internal appointment process” in subsection 2(1) and of paragraphs 22(2)(a) to (c) (see footnote p), and sections 40, 41 (see footnote q), 48, 51 to 53 (see footnote r), 57, 59 and 62 of that Act to positions in Statistics Canada whose function is solely to provide administrative or management support or to perform data processing duties for the purpose of conducting the population census and the agriculture census as described in the Statistics Act (see footnote s), or the National Household Survey made pursuant to sections 7 and 8 of the Statistics Act (see footnote t) when the survey replaces the population census long-form questionnaire and is conducted in conjunction with the population census and to the persons appointed or deployed to those positions on a specified term basis, except for other persons mentioned in subsection 5(1) of the Statistics Act (see footnote u).

This Order may be cited as the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order.

Ottawa, September 29, 2010

MARIA BARRADOS
President of the Public Service Commission
MANON VENNAT
Commissioner
DAVID ZUSSMAN
Commissioner

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To re-apply the provisions of the Public Service Employment Act (PSEA) to the persons and positions that were excluded by the Statistics Canada Census-Related Term Employment Exclusion Approval Order and to make the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order.

Objective

To exclude from several provisions of the Public Service Employment Act (PSEA) positions in Statistics Canada whose function is solely to provide administrative or management support or to perform data processing duties for the purpose of conducting the population census and the agriculture census as described in the Statistics Act or the National Household Survey (NHS) made pursuant to section 7 and 8 of that Act when it replaces the population census long-form questionnaire and is conducted in conjunction with the population census, and the persons appointed or deployed to those positions on a specified term basis.

Background

The Statistics Act requires that Statistics Canada conduct the censuses every five years, with the next to take place on May 10, 2011. The work takes approximately three years to complete, and is conducted within a very strict timeframe and budget.

The Statistics Canada Census-Related Term Employment Exclusion Approval Order (the former Order) came into force on June 17, 2010. It excluded the approximately 2 800 term employees hired, and the positions they occupy, from the application of the following provisions of the PSEA: the definition of “deployment” (subsection 2(1)); the definition of “internal appointment process” (subsection 2(1)); Commission Regulations regarding appointment priorities and acting appointments (paragraphs 22(2)(a) to (c)); priorities (sections 40 and 41); persons being considered for appointment (section 48); deployment (sections 51 to 53); indeterminate employment (section 57); conversion to indeterminate (section 59); and termination of employment (section 62).

The former Order applied to “positions in Statistics Canada whose function is solely to provide administrative or management support or to perform data processing duties for the purpose of conducting the population census and the agriculture census as described in the Statistics Act and to the persons appointed or deployed to those positions on a specified term basis.”

The government announced in June 2010 that, due to privacy concerns, information previously collected by the mandatory long-form census questionnaire as part of the population census will now be collected as part of the new voluntary NHS. The NHS will be conducted at the same time as the population census.

Description

In order to give effect to the government’s decision to collect information using the NHS, the provisions of the PSEA are re-applied and a new Order is made to exclude persons engaged in providing administrative or management support or to perform data-processing duties for the purpose of conducting the population census, the agriculture census and the NHS from the application of the same provisions of the PSEA as described above.

Implications

The new Order, like the former Order, ensures a balance between cost and time effectiveness for the conduct of the censuses and the NHS and a fair employment regime for excluded employees. An Order that results in a cost saving, while ensuring the fair treatment of excluded employees, is in line with government objectives.

Consultations

Statistics Canada was involved in the development of the new Order, and is in agreement with its provisions.

During the development phase of the former Order, consultations were conducted on a face-to-face basis in July 2009 with the four bargaining agent representatives for the occupational groups of the employees excluded by the Order. The representatives’ concerns were taken into account, and the excluded employees are excluded from as few provisions of the PSEA as possible.

The former Statistics Canada Census-Related Term Employment Regulations are being amended in parallel to reflect the changes in the new Order. The former Regulations, which specified the excluded provisions of the PSEA, were pre-published in the Canada Gazette, Part I, on January 30, 2010, followed by a 30-day comment period. The bargaining agent representatives were advised by email correspondence of the date the former Regulations were to be pre-published, and of the opportunity to make comments. No comments were received as a result of pre-publication.

Departmental contact

Janine Beaulne
Policy Specialist
Policy Development Directorate
Public Service Commission
300 Laurier Avenue West
Ottawa, Ontario
K1A 0M7
Telephone: 613-992-0220
Fax: 613-943-2481
Email: janine.beaulne@psc-cfp.gc.ca

Footnote a
S.C. 2003, c. 22, ss. 12 and 13

Footnote b
SI/2010-45

Footnote c
S.C. 2006, c. 9, s. 100

Footnote d
S.C. 2006, c. 9, s. 103

Footnote e
S.C. 2006, c. 9, s. 104

Footnote f
R.S., c. S-19

Footnote g
R.S., c. S-19

Footnote h
R.S., c. S-19

Footnote i
S.C. 2003, c. 22, ss. 12 and 13

Footnote j
R.S., c. S-19

Footnote k
R.S., c. S-19

Footnote l
R.S., c. S-19

Footnote m
S.C. 2003, c. 22, ss. 12 and 13

Footnote n
S.C. 2003, c. 22, ss. 12 and 13

Footnote o
SI/2010-45

Footnote p
S.C. 2006, c. 9, s. 100

Footnote q
S.C. 2006, c. 9, s. 103

Footnote r
S.C. 2006, c. 9, s. 104

Footnote s
R.S., c. S-19

Footnote t
R.S., c. S-19

Footnote u
R.S., c. S-19