(1) The following classes of position are prescribed for the purposes of subsection 38 (1) of the Act:
Any class of position of public servants employed in a senior management capacity and classified under subsection 33 (1) of the Act as a position within the Senior Management Group.
Any class of position of public servants employed in a managerial, administrative, professional, technical, clerical, operational or confidential capacity and classified under subsection 33 (1) of the Act as a position within the Management Compensation Plan.
Subsection (1) does not apply with respect to classes of positions whose incumbents are represented by a bargaining agent for the purposes of collective bargaining under the Crown Employees Collective Bargaining Act, 1993.
Omitted (provides for coming into force of provisions of this Regulation).