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Locally-Engaged Staff Employment Regulations (SOR/95-152)

Regulations are current to 2020-06-17

Locally-Engaged Staff Employment Regulations

SOR/95-152

PUBLIC SERVICE EMPLOYMENT ACT

Registration 1995-03-21

Locally-Engaged Staff Employment Regulations

P.C. 1995-465 1995-03-21

Whereas the Public Service Commission recommends, pursuant to subsection 37(1) of the Public Service Employment Act, that the Governor in Council revoke the Locally-Engaged Staff Employment Regulations, P.C. 1979-1997 of July 26, 1979Footnote *, effective April 1, 1995;

And Whereas the Public Service Commission recommends, pursuant to subsection 37(1) of the Public Service Employment Act, that the Governor in Council make, in substitution, the annexed Regulations respecting the employment of persons engaged locally outside Canada effective, April 1, 1995;

Therefore, His Excellency the Governor General in Council,

  • (a) on the recommendation of the Minister of Communications and the Public Service Commission, is pleased hereby, pursuant to subsection 37(1) of the Public Service Employment Act, to approve the revocation by the Public Service Commission of the Locally-Engaged Staff Employment Regulations, P.C. 1979-1997 of July 26, 1979Footnote *, effective April 1, 1995;

  • (b) on the recommendation of the Minister of Communications and the Public Service Commission, is pleased hereby, pursuant to subsection 37(1) of the Public Service Employment Act, to make, in substitution, the annexed Regulations respecting the employment of persons engaged locally outside Canada, effective April 1, 1995.

 [Repealed, SOR/98-13, s. 2]

Interpretation

 In these Regulations,

civilian component employee

civilian component employee[Repealed, SOR/2002-197, s. 1]

civilian employee

civilian employee means a person who is employed locally under these Regulations and who

  • (a) is hired in support of the Canadian Forces outside of Canada under the North Atlantic Treaty Organization Status of Forces Agreement or any other bipartite or multipartite agreement,

  • (b) is not in receipt of allowances under the Foreign Service Directives or the Military Foreign Service Regulations, and

  • (c) is not a contributor under Part I of the Public Service Superannuation Act; (employé civil)

deputy head

deputy head has the same meaning as in subsection 2(1) of the Public Service Employment Act; (administrateur général)

Deputy Minister

Deputy Minister means the Deputy Minister of Foreign Affairs; (sous-ministre)

employee

employee means a person, other than a civilian employee, who is employed locally under these Regulations and who is not in receipt of allowances under the Foreign Service Directives; (employé)

employing department

employing department means a department that provides the funds for the position in which a person is employed under these Regulations; (ministère employeur)

Head of Mission

Head of Mission means the senior officer in charge of a Mission or, in his absence, such person as is authorized to act in his place; (chef de mission)

integrated employee

integrated employee means an employee in a position for which the funds are provided by the Department of Foreign Affairs and International Trade; (employé intégré)

mission

mission means an office of the Government of Canada outside Canada, including an office of the Canadian Forces; (mission)

non-integrated employee

non-integrated employee means an employee in a position for which the funds are provided by a department other than the Department of Foreign Affairs and International Trade; (employé non intégré)

transfer

transfer means the appointment without competition, that does not result in a change of tenure, of an employee from one position at a Mission to another position at a Mission where

  • (a) the other position has a maximum rate of pay no higher than the first position,

  • (b) if the positions are at different Missions that use the same classification plan, the classification levels of the two positions are the same, or

  • (c) if the positions are at different Missions that use different classification plans, the two Heads of Missions, after examining the statement of duties of the positions, indicate in writing that the duties of the positions are equivalent. (mutation)

Under-Secretary

Under-Secretary[Repealed, SOR/98-13, s. 3]

  • SOR/98-13, s. 3
  • SOR/2002-197, ss. 1 to 3

Delegation of Powers

  •  (1) The Deputy Minister may delegate any of the powers, functions or duties of the Deputy Minister under these Regulations to one or more persons under the jurisdiction of the Deputy Minister.

  • (2) The deputy head of an employing department other than the Department of Foreign Affairs and International Trade may delegate any of the powers, functions or duties of the deputy head under these Regulations to one or more persons under the jurisdiction of the deputy head.

  • SOR/98-13, s. 4

Consultation

 No person may be appointed, rejected, transferred, laid off or subject to revocation of appointment under these Regulations unless

  • (a) in the case of a non-integrated employee, the deputy head of the employing department concurs; or

  • (b) in the case of an integrated employee, the immediate supervisor of the employee has been consulted.

Appointments

  •  (1) Subject to subsection (2), the Deputy Minister may employ persons locally at a Mission as employees for a specified period or an indeterminate period in accordance with these Regulations.

  • (2) A vacant position at a Mission shall be filled by competition, subject to priority appointment given to laid off employees under subsection 11(3) of these Regulations.

  • (3) Where more than one person is eligible for priority under subsection 11(3), the Deputy Minister shall appoint the most meritorious person.

  • (4) Where no candidate is found qualified to perform at the full level of a position, an appointment to the position may be made at a lower level.

  • (5) An employee who is appointed for a specified period ceases to be an employee at the expiration of that period.

  • (6) Despite subsection (2), the Deputy Minister may authorize the transfer of an employee to another position in a Mission if the employee meets the requirements of the position to be filled using the selection criteria stated in section 7.

  • SOR/98-13, ss. 5, 9

Civilian Employees

[SOR/2002-197, s. 4]
  •  (1) The Deputy Minister of National Defence may employ persons locally at a Mission as civilian employees for a specified period or an indeterminate period in accordance with these Regulations.

  • (2) All the powers, functions and duties of the Deputy Minister under these Regulations with respect to employees may be exercised by the Deputy Minister of National Defence with respect to civilian employees.

  • (3) Any provision applying to employees in these Regulations also applies to civilian employees.

  • SOR/98-13, s. 6
  • SOR/2002-197, s. 4

 [Repealed, SOR/2002-197, s. 5]

Selection Criteria

 Where an appointment to a position is to be made by competition, other than an appointment pursuant to section 8 of these Regulations, the most meritorious candidate shall be selected by assessment of candidates in accordance with the requirements of the positions using the following criteria:

  • (a) education;

  • (b) experience;

  • (c) knowledge;

  • (d) abilities and skills;

  • (e) personal suitability;

  • (f) aptitudes; and

  • (g) occupational certification.

Emergency Employment

  •  (1) Where additional assistance is required at a Mission for emergency work, the Deputy Minister may employ persons for a specified period.

  • (2) No person shall be employed pursuant to subsection (1) for a continuous period in excess of ninety-two calendar days or for more than one hundred and twenty-five days worked in any year without the approval of the deputy head of the employing department.

  • (3) Where a person who has been employed pursuant to subsection (1) is subsequently appointed to a position without a break in service, that person shall be deemed to have been appointed to that position from the date of the employment pursuant to subsection (1).

  • (4) At any time during the specified period referred to in subsection (1), the Deputy Minister may serve written notice on a person employed under that subsection that the person is released effective the next day.

  • (5) A person who has been served with a notice pursuant to subsection (4) ceases to be an employee the day after receipt of the notice by the employee.

  • SOR/98-13, s. 9

Oaths and Affirmations of Allegiance and Office

  •  (1) Every person who is a Canadian citizen shall, prior to being employed under these Regulations, take and subscribe an Oath of Allegiance or Affirmation of Allegiance and an Oath of Office and Secrecy or an Affirmation of Office and Secrecy in the forms set out in Schedules I to IV, whichever are appropriate.

  • (2) Subject to subsection (3), every person who is not a Canadian citizen shall, prior to being employed under these Regulations, take and subscribe an Oath of Office and Secrecy or an Affirmation of Office and Secrecy in the forms set out in Schedule III or IV, whichever is appropriate.

  • (3) Where, at any time, the Deputy Minister is satisfied that it is not in the best interests of the Government of Canada that subsection (2) apply to non-Canadian citizens at a Mission, the Deputy Minister may exclude such non-Canadian citizens from the operation of that subsection.

  • SOR/98-13, s. 9
 
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