Vol. 146, No. 9 — April 25, 2012
SOR/2012-83 April 10, 2012
PUBLIC SERVICE EMPLOYMENT ACT
Appointment or Deployment of Alternates Regulations
P.C. 2012-438 April 5, 2012
His Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage and the Public Service Commission, pursuant to section 21 of the Public Service Employment Act (see footnote a), hereby makes the annexed Appointment or Deployment of Alternates Regulations.
APPOINTMENT OR DEPLOYMENT OF ALTERNATES REGULATIONS
1. The following definitions apply in these Regulations.
“alternate” means an indeterminate employee who is appointed or deployed to the position of an opting employee. (remplaçant)
“opting employee” means 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. (fonctionnaire optant)
2. These Regulations apply to an alternate who is excluded from the application of section 16, paragraph 22(2)(a), subsection 29(3), sections 30, 31 and 40 to 48, subsection 51(4) and section 77 of the Public Service Employment Act.
3. An alternate must submit an irrevocable resignation from employment in the public service that is accepted by the deputy head and that is to take effect no later than five days after the day on which they are appointed or deployed to the position of the opting employee.
4. An alternate must not perform the duties of the position of the opting employee.
5. An alternate ceases to be an employee in the public service on the day on which the irrevocable resignation takes effect.
COMING INTO FORCE
6. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue and objectives
The National Joint Council Work Force Adjustment Directive (WFAD) and other similar work force agreements (WFAAs) and instruments provide for the alternation of employees. An alternation allows an indeterminate employee whose work unit (see footnote 1) has been relocated and who does not wish to relocate, or whose services will no longer be 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 did not receive a guarantee of a reasonable job offer (the “opting employee”) to remain in the public service by exchanging positions with that of an employee who is not affected by work force adjustment but wishes to leave the public service (the “alternate”).
The WFAD and other WFAAs stipulate that the alternation of positions is subject to the requirements of the Public Service Employment Act (PSEA) except if the alternate will not perform the duties of the position and will leave the public service within five days of the alternation.
The recently approved Appointment or Deployment of AlternatesExclusion Approval Order allows the appointment or deployment of an alternate into the position of an opting employee, without the application of certain provisions of the PSEA. The Appointment or Deployment of Alternates Regulations (the Regulations) set out the provisions applying to alternates.
Description and rationale
The Regulations apply to alternates who are excluded from the application of the following provisions of the PSEA:
- section 16 — deputy head compliance with Public Service Commission (Commission) policies;
- paragraph 22(2)(a) — regulatory priorities;
- subsection 29(3) — Commission policies;
- section 30 — appointment on basis of merit;
- section 31 — qualification standards;
- sections 40 to 46 — statutory priorities;
- section 47 — informal discussion;
- section 48 — notification;
- subsection 51(4) — Treasury Board directives and regulations; and
- section 77 — complaints to the Public Service Staffing Tribunal.
The Regulations prescribe that an alternate
- must submit an irrevocable resignation from the public service to take effect no later than five days from the day on which they are appointed or deployed to the position of the opting employee;
- must not perform the duties of the position of the opting employee; and
- ceases to be an employee in the public service on the day referred to in the irrevocable resignation.
Alternation facilitates early departures from the public service. Alternation can be done within a 6% salary differential and there is no salary protection. Therefore, alternates may have a salary increase or decrease that is no more than 6%. Potential costs are mitigated by the fact that employees who alternate must resign from the public service within 5 days of the alternation. Without alternation, the public service would be obliged to pay up to 16 months of salary to surplus employees.
During the course of developing the Regulations, the Commission consulted with employers of organizations to which the Commission has exclusive authority to make appointments, as well as the respective bargaining agents. All expressed full support.
Implementation, enforcement and service standards
The Regulations will be implemented by means of a letter to heads of human resources advising departments and agencies that alternates do not need to meet the requirements of the opting employee’s position to which they are appointed or deployed as long as they do not perform the duties of the position and resign within five days of the alternation.
As part of its oversight function, the Commission monitors and audits the staffing practices of departments and agencies, including the application of these Regulations.
Policy Development Directorate
Public Service Commission of Canada
L’Esplanade Laurier, West Tower
300 Laurier Avenue W
S.C. 2003, c. 22, ss. 12 and 13
“Work unit” is a grouping of positions in a part of the organization.