Hyperlawhypertext legal database Locally Engaged Staff Employment Regulations, 2024 current to 2024-02-06

SOR-2024-16 Locally Engaged Staff Employment Regulations, 2024

Current to 2024-02-06 · last amended 2024-02-02

Contents
Provision

Her Excellency the Governor General in Council, on the recommendation of the President of the King’s Privy Council for Canada and of the Public Service Commission, under section 21 of the Public Service Employment Act a, makes the annexed Locally Engaged Staff Employment Regulations, 2024. S.C. 2003, c. 22, ss. 12 and 13

Interpretation

s. 1 — Definitions
s. 1(1)

The following definitions apply in these Regulations.

s. 1(1), definition “locally engaged staff”

locally engaged staff means persons who are excluded from the application of the Public Service Employment Act under section 20 of that Act and who are

s. 1(1), definition “locally engaged staff”, para (a)

appointed and employed outside Canada;

s. 1(1), definition “locally engaged staff”, para (b)

performing duties that are directly related to diplomatic or consular operations or a military support unit of the Government of Canada located outside Canada; and

s. 1(1), definition “locally engaged staff”, para (c)

subject to the laws of the host country where they are employed. (personnel embauché sur place)

s. 1(1), definition “organization”

organization means the Department of Foreign Affairs, Trade and Development or the Department of National Defence. (administration)

s. 1(2) — Interpretation

Any reference to a deputy head in these Regulations is to be read as a reference to the deputy head of the Department of Foreign Affairs, Trade and Development in respect of a diplomatic or consular operation and to the deputy head of the Department of National Defence in respect of a military support unit of the Government of Canada located outside Canada for which they are responsible.

Appointments

s. 2 — Powers or functions of deputy head
s. 2(1)

A deputy head is responsible for the appointment of locally engaged staff and matters related to their employment under these Regulations.

s. 2(2) — Exercise of powers or functions

A deputy head may authorize any person within their organization to exercise or perform any of the deputy head’s powers or functions under these Regulations.

s. 3 — Appointment on basis of merit
s. 3(1)

The appointment of any person as locally engaged staff must be made on the basis of merit.

s. 3(2) — Merit

The appointment is made on the basis of merit if the deputy head is satisfied that the person to be appointed meets the qualifications established for the work to be performed before the start date of their appointment.

s. 3(3) — Powers of deputy head

A deputy head may

s. 3(3)(a)

establish the qualifications for the work to be performed;

s. 3(3)(b)

use an advertised or non-advertised appointment process;

s. 3(3)(c)

use any assessment method they consider appropriate to determine if a person meets the qualifications established for the work to be performed; and

s. 3(3)(d)

make an appointment for a specified or indeterminate period.

s. 3(4) — Interpretation

It is not necessary to consider more than one person for an appointment to be made on the basis of merit.

Temporary Employment

s. 4 — Appointment
s. 4(1)

In order to meet short-term, immediate staffing needs, a deputy head may appoint a person as temporary staff for a maximum of 125 working days in a calendar year.

s. 4(2) — Non-application

The provisions of these Regulations, other than this section and sections 1, 2 and 8, do not apply to temporary staff.

s. 4(3) — Written notice

At any time during the period for which a person is appointed as temporary staff, the deputy head may provide a written notice to them ending their appointment.

s. 4(4) — Period of notice

The written notice must be given at least one day before the effective date of the end of appointment provided for in the notice or in accordance with the laws of the host country where they are employed, whichever results in the longer notice.

s. 4(5) — Termination of temporary employment

The employment of a person appointed as temporary staff ends at the end of the period for which they were appointed or on the effective date specified in the written notice.

Termination of Employment

s. 5 — Lay-off
s. 5(1)

A deputy head may lay off a person who is appointed as locally engaged staff under these Regulations due to a lack of work, the discontinuance of a function or the transfer of work or a function outside a diplomatic or consular operation or a military support unit of the Government of Canada located outside Canada.

s. 5(2) — Written notice

A deputy head must give written notice of a lay-off to the person one month before the effective date of the lay-off provided for in the notice or in accordance with the laws of the host country where they are employed, whichever results in the longer notice.

s. 6 — Resignation

A person who is appointed as locally engaged staff under these Regulations may resign by giving notice in accordance with any applicable laws of the host country and by giving written notice of their intention to resign to the deputy head who will determine the effective date of the termination of employment.

s. 7 — End of employment

The employment of a person appointed as locally engaged staff ends on one of the following dates:

s. 7(a)

in respect of an appointment for a specified period under section 3, at the end of that period;

s. 7(b)

in respect of a lay-off under section 5, the date specified in the written notice provided by the deputy head; or

s. 7(c)

in respect of a resignation under section 6, the date specified in writing by the deputy head.

Oversight and Reporting

s. 8 — Oversight
s. 8(1)

A deputy head must monitor compliance with these Regulations, including the manner in which any person authorized under subsection 2(2) to exercise or perform the deputy head’s powers or functions complies with the requirements of these Regulations.

s. 8(2) — Reporting

A deputy head must report the results of their monitoring to the Commission within three years after the day on which these Regulations come into force and at least every five years after that.

Transitional Provisions

s. 9 — Definition of former Regulations

For the purposes of sections 10 to 15 of these Regulations, former Regulations means the Locally-Engaged Staff Employment Regulations as they read immediately before these Regulations come into force.

s. 10 — Priorities

A person who has a priority for appointment under subsection 11(3) of the former Regulations on the day on which these Regulations come into force continues to have priority for appointment for the period provided for under the former Regulations.

s. 11 — Pending competitions and appointments
s. 11(1)

Any competition or other selection process that is being conducted under the former Regulations on the day on which these Regulations come into force continues to be conducted under the former Regulations as if these Regulations had not come into force.

s. 11(2) — Results

The results of those competitions or other selection processes remain valid for six months after the day on which these Regulations come into force.

s. 12 — Notice of lay-off

If an employee was served, prior to the day on which these Regulations come into force, with a written notice under subsection 11(1) of the former Regulations that they would be laid off but the applicable notice period has not ended, the provisions of the former Regulations continue to apply to that employee until the end of that period.

s. 13 — Employees on probation and rejection

Any employee who was considered to be on probation under section 10 of the former Regulations immediately before the day on which these Regulations come into force continues to be on probation until the end of the period established under the former Regulations and subsections 10(2) to (4) of the former Regulations continue to apply to that employee until the end of that period.

s. 14 — Emergency employment

Any employee who occupied a position under subsection 8(1) of the former Regulations continues to be subject to those Regulations after the day on which these Regulations come into force until they are served with a written notice under subsection 8(4) of the former Regulations and they cease to be an employee under subsection 8(5) of those Regulations.

s. 15 — Revocation of appointment

Any inquiry commenced under the former Regulations that has not been completed by the day on which these Regulations come into force must be dealt with and disposed of in accordance with the former Regulations.

Repeal

s. 16

The Locally-Engaged Staff Employment Regulations 1 are repealed. SOR/95-152; SOR/98-13, s. 1

Coming into Force

s. 17 — Registration

These Regulations come into force on the day on which they are registered.