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Registration

SI/2012-27 April 25, 2012

PUBLIC SERVICE EMPLOYMENT ACT

Appointment or Deployment of Alternates Exclusion Approval Order

P.C. 2012-437 April 5, 2012

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 the exclusion, by the Public Service Commission, from the application of section 16, paragraph 22(2)(a) (see footnote b), subsection 29(3), sections 30, 31 and 40 to 48 (see footnote c), subsection 51(4) and section 77 of that Act of 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.

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 d), subsection 29(3), sections 30, 31 and 40 to 48 (see footnote e), subsection 51(4) and section 77 of the Public Service Employment Act (see footnote f) 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 that Act, hereby excludes from the application of section 16, paragraph 22(2)(a) (see footnote g), subsection 29(3), sections 30, 31 and 40 to 48 (see footnote h), subsection 51(4) and section 77 of that Act 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.

Ottawa, April 3, 2012

ANNE-MARIE ROBINSON
President of the Public Service Commission
SUSAN CARTWRIGHT
Commissioner

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To make the Appointment or Deployment of Alternates Exclusion Approval Order pursuant to subsection 20(1) of the Public Service Employment Act (PSEA).

Objective

The objective is to allow the operation of alternation provisions included in the National Joint Council Work Force Adjustment Directive (WFAD) and other similar work force agreements (WFAAs) and instruments.

Background

An alternation allows an indeterminate employee whose work unit (see footnote 1) has been relocated and who does not wish to relocate, or whose services will no longer be 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 did not receive a guarantee of a reasonable job offer (the “opting employee”) to remain in the public service by exchanging positions with that of an employee who is not affected by work force adjustment but wishes to leave the public service (the “alternate”).

The WFAD and other WFAAs stipulate that the alternation of positions as described above is subject to the requirements of the PSEA, except if the alternate will not perform the duties of the position and will leave the public service within five days of the alternation. Compliance with the requirements of the PSEA for the appointment or deployment of alternates who will not perform the duties of the position to which they are appointed or deployed is neither practicable nor in the best interest of the public service.

Consequently, the Appointment or Deployment of Alternates Exclusion Approval Order exempts the alternate from having to meet the requirements of the position they are appointed to or deployed into. More specifically, it exempts the appointment or the deployment of alternates from the application of the following provisions:

  • section 16 — deputy head compliance with Public Service Commission (Commission) policies;
  • paragraph 22(2)(a) — regulatory priorities;
  • subsection 29(3) — Commission policies;
  • section 30 — appointment on basis of merit;
  • section 31 — qualification standards;
  • sections 40 to 46 — statutory priorities;
  • section 47 — informal discussion;
  • section 48 — notification;
  • subsection 51(4) — Treasury Board directives and regulations; and
  • section 77 — complaints to the Public Service Staffing Tribunal.

The related Appointment or Deployment of Alternates Regulations, which set out the provisions applying to alternates, specify that the alternate will not perform the duties of the position of the opting employee, and will resign within five days of the alternation.

During the mid-1990s program review exercise, the Commission made a similar Appointment of Alternates Exclusion Approval Order that excluded the appointment of alternates from the provisions of the former PSEA that dealt with merit, appeals, and priority entitlements. However, the Order was repealed when the existing PSEA came into force in 2005.

Implications

Alternation facilitates early departures from the public service. Alternation can be done within a 6% salary differential and there is no salary protection. Therefore, alternates may have a salary increase or decrease of up to 6%. Potential costs are mitigated by the fact that if employees wishing to leave are allowed to alternate, they must resign within five days. Without alternation, the public service would be obliged to pay up to 16 months of salary to surplus employees.

Consultation

During the course of developing the Order, the Commission consulted with employers of organizations to which the Commission has exclusive authority to make appointments, as well as the respective bargaining agents. All expressed full support.

Contact

Lydie Dancausse
Policy Advisor
Policy Development Directorate
Public Service Commission of Canada
L’Esplanade Laurier, West Tower
300 Laurier Avenue W
Ottawa, Ontario
K1A 0M7
Telephone: 613-996-0507
Fax: 613-943-2481
Email: Lydie.Dancausse@psc-cfp.gc.ca

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

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

Footnote c
S.C. 2006, c. 9, s. 103; S.C. 2008, c. 15, s. 6

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

Footnote e
S.C. 2006, c. 9, s. 103; S.C. 2008, c. 15, s. 6

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

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

Footnote h
S.C. 2006, c. 9, s. 103; S.C. 2008, c. 15, s. 6

Footnote 1
“Work unit” is a grouping of positions in a part of the organization.