Vol. 151, No. 25 — December 13, 2017

Registration
SI/2017-75 December 13, 2017

PUBLIC SERVICE EMPLOYMENT ACT

Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order

P.C. 2017-1438 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 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 survey made pursuant to sections 7 and 8 of the Statistics Act (see footnote k) 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 those 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),

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 Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order (the new Order) adds the new section 39.1 of the Public Service Employment Act (PSEA) to the list of exclusions appearing in the previous Order. It also removes the word “household” from the phrase “national household survey.”

Objectives

The objectives of this Order are

(1) to ensure that the Statistics Canada Census program remains effective and efficient as originally approved. To do so, the Statistics Canada Census and Survey Related Term Employment Regulations must be amended and a new Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order must be made; and

(2) to remove the word “household” when referring to the national survey, so that the Order will remain valid, even in the event that the survey is given a new name in the future.

Background

In the past, the Governor in Council, on the recommendation of the Public Service Commission, made time-limited Census exclusion approval orders and regulations to enable Statistics Canada (SC) to hire and retain employees to prepare and conduct the two censuses required by the Statistics Act: the Population Census — every 5 years — and the Agriculture Census – every 10 years.

In 2010, the Public Service Commission and Statistics Canada agreed to make ongoing instruments, the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Orders (together the 2010 Order) and the Statistics Canada Census and Survey Related Term Employment Regulations.

The 2010 Order limits the mobility rights of persons appointed to census-related positions by excluding them and the position they occupy from the application of certain provisions of the PSEA, including sections 40 and 41 (persons with a priority entitlement), thereby preventing staff turnover and its associated recruitment/training delays and costs.

On July 1, 2015, the Veterans Hiring Act came into force and amended the 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.

In addition, in 2011, the Government of Canada had replaced the survey component of the census — a component that had traditionally been known as “the long-form census” — with a shorter, voluntary “national household survey.” In May 2016, the Government of Canada reinstated the mandatory long-form census. For the sake of clarity and to ensure continued validity regardless of the name the survey is given in the future, the new Order refers simply to the “national survey.”

Implications

The new Order adds section 39.1 of the PSEA to the list of exclusions set out in the previous 2010 Order, thereby allowing the department to continue to appoint persons to census-related positions without having to consider persons with priority entitlement, including persons with a priority entitlement under section 39.1 of the PSEA.

The new Order also removes the word “household” in reference to the national survey.

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

Consultation

There is no expected impact on the Canadian population. Consequently, consultations were conducted within the Public Service Commission and with Statistics Canada.

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