Exclusion Approval Order for Certain Former Members of the Canadian Forces: SI/2025-20

Canada Gazette, Part II, Volume 159, Number 5

Registration
SI/2025-20 February 26, 2025

PUBLIC SERVICE EMPLOYMENT ACT

Exclusion Approval Order for Certain Former Members of the Canadian Forces

P.C. 2025-98 February 14, 2025

Her Excellency the Governor General in Council, on the recommendation of the President of the King’s Privy Council for Canada, under section 20 of the Public Service Employment Actfootnote a, approves the exclusion, by the Public Service Commission, from the application of section 35.11footnote b of that Act of persons who

Whereas the Public Service Commission has decided that it is neither practicable nor in the best interests of the public service to apply section 35.11footnote b of the Public Service Employment Actfootnote a to persons who

And whereas, in accordance with subsection 20(2) of the Public Service Employment Act footnote a, the Public Service Commission has consulted with the employer;

Therefore, the Public Service Commission, under section 20 of the Public Service Employment Act footnote a, excludes from the application of section 35.11footnote a of that Act persons who

Gatineau, December 23, 2024

Marie-Chantal Girard
President of the Public Service Commission

Hélène Laurendeau
Commissioner

Fiona Spencer
Commissioner

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, entitled the Exclusion Approval Order for Certain Former Members of Canadian Forces (the Order), is made pursuant to subsection 20(1) of the Public Service Employment Act (PSEA).

Objective

The objective of the Order is to exclude eligible former members of the Canadian Forces who completed their third year of service and were honourably released within the meaning of the regulations made under the National Defence Act during the period of November 13, 2020, to January 18, 2024, and who had created a Public Service Resourcing System (GC Jobs) account before January 19, 2024, from the application of section 35.11footnote 1 of the PSEA.

Background

The PSEA provides the framework for the federal public service staffing system. It includes mechanisms to support eligible veterans as well as former and active members of the Canadian Forces in finding employment in the federal public service.

One of the mechanisms is a mobility entitlement, valid for a period of five years. Upon meeting the conditions prescribed in section 35.11 of the PSEA, former members of the Canadian Forces can participate in advertised internal appointment processes as though they were persons employed in the public service. If they apply to an advertised internal appointment process, at every step of the process, they are treated the same way a public servant in the area of selection (“who can apply” on a job posting) is treated. For example, they must apply within the period allowed, provide a complete application and participate fully in the assessment.

The entitlement is identified in GC Jobs based on a match of their name and service number against eligibility data provided by the Department of National Defence (DND).

The Public Service Commission (PSC) discovered a technical issue with the data transfer process from November 13, 2020, to January 18, 2024, which may have led to a number of eligible former members of the Canadian Forces not being properly identified for the mobility entitlement.

To ensure eligible former members of the Canadian Forces, whose mobility entitlement was potentially affected by the data transfer issue, benefit from a full five-year entitlement period with a fully functional system, the Eligibility of Certain Former Members of the Canadian Forces Regulations (the Regulations) are being made to provide them an additional period, until April 1, 2029.

Implications

Impacts

The Order is needed to exclude eligible former members of the Canadian Forces, whose mobility entitlement was potentially affected by the data transfer issue, from the application of section 35.11 of the PSEA. Rather than their mobility entitlement ending five years after their date of release, they will benefit from the Regulations, which will provide them an additional period, until April 1, 2029.

The cost to operationalize the additional mobility entitlement period in GC Jobs will be minimal given the fulfillment of the mobility entitlement is already possible through the system with the data received from DND. There are no anticipated costs for departments and agencies subject to the PSEA.

Consultation

Focused consultations occurred with subject matter experts on the data transfer process, the mobility entitlement and potential solutions internally at the PSC as well as with DND and Veterans Affairs Canada (VAC).

Additionally, departments and agencies subject to the PSEA, including DND and VAC, bargaining agents (unions), potentially affected former members of the Canadian Forces and the Treasury Board of Canada Secretariat were consulted on the policy intent of the proposal. Overall, stakeholders were supportive of the proposal.

Contact

Sandrine Diotte-Chénier
Manager
Regulations and Staffing Complaints Section
Policy and Strategic Directions
Public Service Commission of Canada
Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca