Updated Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order and Statistics Canada Census and Survey Related Term Employment Regulations (10-26)

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2010-11-22

Contact persons: Strategic consultants

The Public Service Commission recently updated the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order (EAO) and the Statistics Canada Census and Survey Related Term Employment Regulations (Regulations). The new EAO and Regulations came into force on October 28, 2010, and were published in Part II of the Canada Gazette on November 10, 2010.

The purpose for updating the EAO and Regulations is to amend their application. The previous exclusion approval order and regulations applied to the positions in Statistics Canada, and the employees occupying them, whose function was to provide support for the conduct of the population and agriculture censuses, as described in the Statistics Act. To implement the government's decision to replace the long-form questionnaire used for the population census with the National Household Survey (NHS), the application of the EAO and Regulations has been expanded to include work in support of the conduct of the censuses and the NHS.

The employees hired pursuant to the EAO are excluded only from certain provisions of the Public Service Employment Act (PSEA). Highlights of the EAO and Regulations are:

  1. Persons appointed or deployed under the EAO are “employees” as defined in the PSEA; they may be hired only on a specified term basis.
  2. The excluded employees are not eligible for internal appointment processes or deployments, except for acting appointments and deployments made to positions excluded by the EAO. The Reference List - Organizations' Statutory Links with the Public Service Commission and the Public Service Employment Act has been amended to reflect the limitations to these employees' mobility entitlements;
  3. The appointments of the excluded employees are excluded from both statutory and regulatory priority considerations.
  4. The provisions related to notification and to acting appointments in the Public Service Employment Regulations do not apply; there are alternate provisions in the Regulations for notification and acting appointments.
  5. The provisions related to indeterminate appointments and conversion to indeterminate status do not apply, as the work related to the conduct of the census and the NHS takes about three years to complete within a five-year cycle. There is no expectation of any indeterminate work or appointments.
  6. The provision related to the notice period for rejection on probation does not apply. There is an alternate provision for this purpose in the Regulations.
  7. Employees hired under the EAO are advised in their letter of offer of the impact of the EAO on their employment.

The EAO and the Regulations are intended to provide a balance between preventing the time and cost associated with hiring replacements for excluded employees lost to internal appointment processes or deployments, and the provision of a fair employment regime for excluded employees.

Should you require additional information, please contact the strategic consultant responsible for your organization.

Donald Lemaire
Senior Vice President
Policy Branch

c.c.: Chiefs of Staffing