Appointment or Deployment of Alternates Exclusion Approval Order (SI/2017-74)

His 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 ActFootnote ^a, approves

• Return to footnote ^aS.C. 2003, c. 22, ss. 12 and 13

• (a) the re-application by the Public Service Commission of the provisions of that Act to the positions excluded pursuant to Order in Council P.C. 2012-437Footnote ^b of April 5, 2012 and the persons occupying them; and

  • Return to footnote ^bSI/2012-27

• (b) the exclusion by the Public Service Commission from the application of section 16, paragraph 22(2)(a)Footnote ^c, subsection 29(3), sections 30, 31 and 39.1 to 48Footnote ^d, subsection 51(4) and section 77Footnote ^e 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.

  • Return to footnote ^cS.C. 2015, c. 5, s. 2

  • Return to footnote ^dS.C. 2006, c. 9, s. 103; S.C. 2008, c. 15, s. 6; S.C. 2015, c. 5, ss. 7 and 8

  • Return to footnote ^eS.C. 2013, c. 40, par. 414(d)

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)Footnote ^c, subsection 29(3), sections 30, 31 and 39.1 to 48Footnote ^d, subsection 51(4) and section 77Footnote ^e of the Public Service Employment ActFootnote ^a 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 the Public Service Employment ActFootnote ^a,

• (a) reapplies the provisions of that Act to the positions excluded pursuant to Order in Council P.C. 2012-437Footnote ^b of April 5, 2012 and the persons occupying them; and

• (b) excludes from the application of section 16, paragraph 22(2)(a)Footnote ^c, subsection 29(3), sections 30, 31 and 39.1 to 48Footnote ^d, subsection 51(4) and section 77Footnote ^e 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, July 18, 2017

Le président de la Commission de la fonction publique, Patrick Borbey President of the Public Service Commission

La commissaire, Susan Cartwright Commissioner

Le commissaire, Daniel Tucker Commissioner