Vol. 148, No. 1 — January 4, 2014

Royal Canadian Mounted Police Casual Employment Regulations

Statutory authority

Public Service Employment Act

Sponsoring agency

Public Service Commission

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Background

The Enhancing Royal Canadian Mounted Police Accountability Act (ERCMPA Act) will amend both the Royal Canadian Mounted Police Act (RCMP Act) and the Public Service Employment Act (PSEA).

The ERCMPA Act will repeal the authority in subsection 10(2) of the RCMP Act for the RCMP Commissioner to appoint temporary civilian employees (TCEs). This provision allows the RCMP to appoint persons on a temporary basis, and such persons are not employees as defined in the PSEA.

The intent behind the repeal of the authority to appoint TCEs is that the need to appoint temporary workers can be filled by using the casual employment provision in the PSEA. However, the PSEA prescribes that the period of employment of a casual worker may not exceed 90 working days in one calendar year in any particular department or other organization.

The ERCMPA Act will amend the PSEA to provide the authority to hire casual workers at the RCMP for a period in excess of 90 working days in one calendar year in the circumstances prescribed by the Commission’s regulations. The circumstances are based on the premise of an unforeseen situation. Pursuant to the proposed Regulations, the RCMP may appoint a casual worker for a period of more than 90 working days in one calendar year for major investigations, major events or operations where the situation was not foreseeable. As well, the proposed Regulations stipulate two examples of an unforeseen situation: the completion date is unknown or the need for a specific skill was not foreseen.

Issues and objectives

The RCMP relies heavily on TCEs because the maximum period of employment for casual workers under the PSEA is often insufficient for its needs.

The proposed Regulations would prescribe the circumstances in which the RCMP may appoint casual workers under the PSEA for a period of more than 90 working days in one calendar year.

Description

The proposed Regulations would prescribe the circumstances in which the RCMP may appoint casual workers for a period of more than 90 working days in one calendar year. The circumstances are based on the premise of an unforeseen situation. In addition, the circumstances must be in relation to a major investigation, a major event, or an operation and these are further defined in the proposed Regulations to ensure a clear understanding of the exceptional use of this authority.

The unforeseen aspect refers to when circumstances such as the completion date is unknown or the need for a specific skill was not foreseen. The intent is that this authority would generally be used only where the other appointment authorities conferred by the PSEA could not be used due to the unforeseen nature of the situation.

While it is expected that casual workers hired for more than 90 days would have a specific skill or meet other operational requirements such as a security clearance, it is also expected that the authority could be used where no specific skill or requirement is necessary. An example of such a situation is the need to hire people to photograph, catalogue, pick up and appropriately store bricks from a building that had exploded as a result of a bomb. No specific skills were required, but there was an unforeseen need to hire a person to immediately conduct the work.

Consultation

The proposed Regulations, and specifically the circumstances in which casual workers may be appointed for more than 90 working days, have been developed in consultation with the RCMP.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there are no administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs to small business.

Rationale

The proposed Regulations would provide the RCMP the required flexibility and ability to adjust to operational demands in real time so it may respond to emerging situations in a timely fashion.

Implementation, enforcement and service standards

As provided by the amendments to the PSEA, the Public Service Commission would have the authority to conduct an annual review to ensure that the RCMP’s exercise of the authority to appoint casual workers for more than 90 working days during the preceding calendar year is consistent with the intent of the proposed Regulations.

In addition, the RCMP would establish new monitoring requirements to ensure that the use of casual workers for more than 90 days in a calendar year is done according to the intent of the proposed Regulations, and would develop guidelines to assist managers in determining when it is appropriate to use a casual worker for one period of more than 90 days.

Coming into force

These Regulations come into force on the day on which sections 59 and 60 of the Enhancing Royal Canadian Mounted Police Accountability Act come into force, but if they are registered after that day, they come into force on the day on which they are registered.

Contact

Belinda Wong
Policy Advisor
Public Service Commission
22 Eddy Street
Gatineau, Quebec
K1A 0M7
Telephone: 819-420-6488
Email: Belinda.Wong@psc-cfp.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Public Service Commission, pursuant to paragraph 22(2)(j) (see footnote a) of the Public Service Employment Act (see footnote b), proposes to make the annexed Royal Canadian Mounted Police Casual Employment Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Belinda Wong, Policy Advisor, Policy Development Directorate, Policy Branch, Public Service Commission, 22 Eddy Street, Gatineau, Quebec, K1A 0M7 (tel.: 819-420-6488; email: Belinda.Wong@psc-cfp.gc.ca).

Ottawa, December 17, 2013

ANNE-MARIE ROBINSON
President of the Public Service Commission

SUSAN M. W. CARTWRIGHT
Commissioner

D. G. J. TUCKER
Commissioner

ROYAL CANADIAN MOUNTED POLICE CASUAL EMPLOYMENT REGULATIONS

Definitions

1. The following definitions apply in these Regulations.

“major event” « évènement majeur »

“major event” means an event of national or international significance that is held within or outside Canada and in which the Royal Canadian Mounted Police is involved, including an official visit to Canada by Her Majesty, members of the Royal Family, a head of state or a representative of a foreign government, or a sporting event, conference, summit or exhibition.

“major investigation” « enquête majeure »

“major investigation” includes an investigation of national or international interest or of a complex case in which the Royal Canadian Mounted Police is involved.

“operation” « opération »

“operation” means an activity in which the Royal Canadian Mounted Police is involved and that relates to the protection of the public.

Circumstances for appointment

2. For the purpose of subsection 50.2(1) of the Public Service Employment Act, a person may be appointed as a casual worker to the Royal Canadian Mounted Police for a period of more than 90 working days in one calendar year for a major investigation, a major event or an operation if the services of the person are required as a result of unforeseen circumstances such as an unknown duration or the unexpected need for a particular skill.

S.C. 2013, c. 18

3. These Regulations come into force on the day on which sections 59 and 60 of the Enhancing Royal Canadian Mounted Police Accountability Act come into force, but if they are registered after that day, they come into force on the day on which they are registered.

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