Statistics Canada Census and Survey Related Term Employment Regulations (SOR/2010-147)

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Public Service Employment Act. (Loi)

acting appointment

acting appointment means the temporary performance of the duties of another position by a person, if the performance of those duties would have constituted a promotion had the person been appointed other than on an acting basis to the position. (nomination intérimaire)

deployment

deployment means the transfer under section 6 of a person, an employee not excluded by the Order or an individual employed by a separate agency to a position. (mutation)

internal appointment process

internal appointment process means a process for making one or more appointments in which only persons may be considered. (processus de nomination interne)

Order

Order means the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order (décret)

person

person means a person excluded by the Order who is appointed or deployed to a position. (personne)

position

position means a position excluded by the Order. (poste)

Application

2 These Regulations apply to those positions in Statistics Canada that are excluded from the application of the definitions deployment and internal appointment process in subsection 2(1) and of paragraphs 22(2)(a) to (c) and sections 39.1 to 41, 48, 51 to 53, 57, 59 and 62 of the Public Service Employment Act 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, whose function is solely to provide administrative or management support or to perform data processing duties for the purpose of conducting

• (a) the population census and the agriculture census as described in the Statistics Act, or

• (b) the national survey, made pursuant to sections 7 and 8 of that Act when it replaces the population census long-form questionnaire and is conducted in conjunction with the population census.

Dealing with Excluded Positions and Persons

Appointment or Deployment on a Specified Term Basis

3 Appointments or deployments to positions may be on a specified term basis only.

Internal Appointment Process

4 A person is not eligible for an internal appointment process other than for an acting appointment.

Acting Appointments

• 5 (1) The Commission must, at the time that the following acting appointments are made or proposed as a result of an internal appointment process, inform the persons in the area of recourse, within the meaning of subsection 77(2) of the Act, in writing of the name of the person who is proposed to be, or has been, appointed and of their right and grounds to make a complaint:

  • (a) an acting appointment of four months or more;

  • (b) an acting appointment that extends the person’s cumulative period in the acting appointment from less than four months to four months or more.

• (2) An acting appointment of less than four months, if it does not extend the cumulative period of the acting appointment of a person in a position to four months or more, is excluded from the application of sections 30 and 77 of the Act.

• (3) Despite subsection (2), the provision of paragraph 30(2)(a) of the Act respecting official language proficiency continues to apply, in the case of an acting appointment of less than four months, to a vacant bilingual position if

  • (a) the Commission is able to fill the position with an appointment of a person or of an employee not excluded by the Order who meets the official language proficiency qualification; or

  • (b) the cumulative period of the acting appointments of all persons and the acting appointments within the meaning of the Public Service Employment Regulations of all employees not excluded by the Order in that position is four months or more.

• (4) An acting appointment of four months or more but not more than twelve months to an encumbered bilingual position that the Commission cannot fill with an acting appointment of a person or an acting appointment within the meaning of the Public Service Employment Regulations of an employee not excluded by the Order who meets the language proficiency qualification under paragraph 30(2)(a) of the Act is excluded from the application of that paragraph respecting official language proficiency.

• (5) Subsection (4) does not apply to an acting appointment to the same position if the cumulative period of the acting appointments of all persons and the acting appointments within the meaning of the Public Service Employment Regulations of all employees not excluded by the Order in that position is more than twelve months.

Deployment

• 6 (1) The Chief Statistician may deploy to a position a person, an employee not excluded by the Order or an individual employed by a separate agency from which deployments have been approved under subsection 51(2) of the Act.

• (2) A deployment may be made within an occupational group or, unless deployment within the meaning of any regulations made under paragraph 26(1)(a) of the Act is excluded under those regulations, between occupational groups.

• (3) A deployment made to a position is to be made following the same rules as are established in any regulations regarding deployment, within the meaning of subsection 2(1) of the Act, made by the Treasury Board.

• (4) A deployment must not

  • (a) constitute a promotion within the meaning of any regulations made by the Treasury Board; or

  • (b) change a period of employment from specified term to indeterminate.

• (5) A deployment may be made without consent of a person if

  • (a) agreement to being deployed is a condition of employment of their current position; or

  • (b) the person has in the course of their employment harassed another person or an employee not excluded by the Order and the deployment is made to another position.

• (6) On deployment, a person ceases to be the incumbent of the position to which they had previously been appointed or deployed.

• (7) A deployment is not an appointment for the application of the Act.

Probationary Period – Termination of Employment

• 7 (1) While a person is on probation, the Chief Statistician may notify the person in writing that their employment will be terminated

  • (a) seven days after the day on which the notice is received and that the person ceases to be an employee at the end of the notice period, or

  • (b) on the date specified in the notice, that they will be paid an amount equal to the salary they would have been paid if they had been given notice that their employment will be terminated seven days after the day on which the notice is received and that the person ceases to be an employee on the date specified in the notice.

• (2) In the case of paragraph (1)(a), the person ceases to be an employee at the end of the period specified in the notice.

• (3) In the case of paragraph (1)(b), the person ceases to be an employee on the date specified in the notice and the person is paid an amount equal to the salary they would have been paid if they had been given notice that their employment will be terminated seven days after the day on which the notice is received.

Coming into Force

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