Department of National Defence Terms Under Three Months Regulations, 1992 (SOR/92-201b)

Regulations are current to 2019-06-20

Department of National Defence Terms Under Three Months Regulations, 1992

SOR/92-201b

PUBLIC SERVICE EMPLOYMENT ACT

Registration 1992-04-02

Regulations Respecting the Employment of Persons for One or More Specified Periods of Less Than Three Months Totalling Less Than Six Months in the Aggregate During any Consecutive 12-Month Period in the Department of National Defence in the Operational Category, in the Clerical and Regulatory, Secretarial, Stenographic and Typing and Data Processing Groups of the Administrative Support Category, in the Drafting and Illustration and Engineering and Scientific Support Groups of the Technical Category, and in the Education and Nursing Groups of the Scientific and Professional Category During the Period Beginning on April 9, 1992 and Ending on April 30, 1994

P.C. 1992-644  1992-04-02

Whereas the Public Service Commission has decided that it is not practicable nor in the best interests of the Public Service to apply the provisions of the Public Service Employment Act to all persons appointed on or after April 9, 1992, for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period for the purpose of being employed in the Department of National Defence in the Operational Category, in the Clerical and Regulatory, Secretarial, Stenographic and Typing and Data Processing Groups of the Administrative Support Category, in the Drafting and Illustration and Engineering and Scientific Support Groups of the Technical Category, and in the Education and Nursing Groups of the Scientific and Professional Category during the period beginning on April 9, 1992, and ending on April 30, 1994;

Whereas the Public Service Commission is of the opinion that it is desirable to make the annexed Regulations respecting the employment of persons for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period in the Department of National Defence in the Operational Category, in the Clerical and Regulatory, Secretarial, Stenographic and Typing and Data Processing Groups of the Administrative Support Category, in the Drafting and Illustration and Engineering and Scientific Support Groups of the Technical Category, and in the Education and Nursing Groups of the Scientific and Professional Category during the period beginning on April 9, 1992 and ending on April 30, 1994;

Whereas the Public Service Commission has decided, pursuant to subsections 41(1) of the Public Service Employment Act, to exclude all persons appointed on or after April 9, 1992 for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period for the purpose of being employed in the Department of National Defence in the Operational Category, in the Clerical and Regulatory, Secretarial, Stenographic and Typing and Data Processing Groups of the Administrative Support Category, in the Drafting and Illustration and Engineering and Scientific Support Groups of the Technical Category, and in the Education and Nursing Groups of the Scientific and Professional Category during the period beginning on April 9, 1992 and ending on April 30, 1994, from the operation of the Public Service Employment Act;

And Whereas the Public Service Commission recommends, pursuant to subsection 37(1) of the Public Service Employment Act, that the Governor in Council make the annexed Regulations respecting the employment of persons for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period in the Department of National Defence in the Operational Category, in the Clerical and Regulatory, Secretarial, Stenographic and Typing and Data Processing Groups of the Administrative Support Category, in the Drafting and Illustration and Engineering and Scientific Support Groups of the Technical Category, and in the Education and Nursing Groups of the Scientific and Professional Category during the period beginning on April 9, 1992 and ending on April 30, 1994;

Therefore, His Excellency the Governor General in Council,

  • (a) on the recommendation of the Secretary of State of Canada, is pleased hereby, pursuant to subsection 41(1) of the Public Service Employment Act, to make the annexed Order approving the exclusion by the Public Service Commission of all persons appointed on or after April 9, 1992, for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period for the purpose of being employed in the Department of National Defence in the Operational Category, in the Clerical and Regulatory, Secretarial, Stenographic and Typing and Data Processing Groups of the Administrative Support Category, in the Drafting and Illustration and Engineering and Scientific Support Groups of the Technical Category, and in the Education and Nursing Groups of the Scientific and Professional Category during the period beginning on April 9, 1992 and ending on April 30, 1994, from the operation of the Public Service Employment Act; and

  • (b) on the recommendation of the Secretary of State of Canada and the Public Service Commission is pleased hereby pursuant to subsection 37(1) of the Public Service Employment Act, to make the annexed Regulations respecting the employment of persons for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period in the Department of National Defence in the Operational Category, in the Clerical and Regulatory, Secretarial, Stenographic and Typing and Data Processing Groups of the Administrative Support Category, in the Drafting and Illustration and Engineering and Scientific Support Groups of the Technical Category, and in the Education and Nursing Groups of the Scientific and Professional Category during the period beginning on April 9, 1992 and ending on April 30, 1994.

Short Title

 These Regulations may be cited as the Department of National Defence Terms Under Three Months Regulations, 1992.

Interpretation

 In these Regulations,

Department

Department means the Department of National Defence; (ministère)

Deputy Head

Deputy Head means the Deputy Minister of the Department; (administrateur général)

Order

Order means the Department of National Defence Terms Under Three Months Exclusion Approval Order, 1992. (décret)

Application

 These Regulations apply to persons to whom the Order applies.

General

 Where the Department requires the services of a person in a position in the Operational Category, in the Clerical and Regulatory, Secretarial, Stenographic and Typing and Data Processing Groups of the Administrative Support Category, in the Drafting and Illustration and Engineering and Scientific Support Groups of the Technical Category, and in the Education and Nursing Groups of the Scientific and Professional Category, for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period, the Deputy Head or an individual authorized by the Deputy Head for that purpose may recruit, select and appoint a person to that position.

 The Deputy Head or an individual authorized by the Deputy Head for that purpose may, on giving at least one day’s notice to a person appointed under these Regulations, terminate the employment of that person.

  • (a) for cause; or

  • (b) if the services of that person are no longer required owing to a lack of work or the discontinuance of a function in the Department.

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