ARCHIVED — Vol. 145, No. 43 — October 22, 2011
Regulations Repealing the Appointment of Women in the Department of Indian Affairs and Northern Development (Employment Equity Program) Regulations
Statutory authority
Public Service Employment Act
Sponsoring agency
Public Service Commission
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue and objectives
With the provisions of the current Public Service Employment Regulations (see footnote 1) (PSER), the Appointment of Women in the Department of Indian Affairs and Northern Development (Employment Equity Program) Regulations (see footnote 2) are no longer necessary to achieve the purpose for which they were enacted.
The objective of the proposed Regulations Repealing the Appointment of Women in the Department of Indian Affairs and Northern Development (Employment Equity Program) Regulations is to revoke these redundant Regulations.
Description and rationale
The Appointment of Women in the Department of Indian Affairs and Northern Development (Employment Equity Program) Regulations (the Regulations) were promulgated in 1994 to facilitate the implementation of the Entry Level Officer Development Program for Women in the Department of Indian Affairs and Northern Development (DIAND). The objective of this employment equity program was to encourage the advancement of women from administrative support to entry-level officer positions. The Regulations exclude the appointment of women under the Entry Level Officer Development Program from the need to first consider persons with priority entitlements established by the Public Service Employment Act (PSEA) and the Public Service Employment Regulations, 1993.
Since 2005, sections 3 and 4 of the current PSER have excluded the appointment of designated group members in accordance with an employment equity program from the need to first consider persons with priority entitlement pursuant to the PSEA (for example, surplus employees and employees on leave of absence) and pursuant to the PSER (for example, employees who become disabled, and members of the Canadian Armed Forces and the Royal Canadian Mounted Police who are medically released or medically discharged). Sections 3 and 4 of the PSER are meant to facilitate the implementation of employment equity programs developed by the employer or by a deputy head.
Both the Regulations and the PSER achieve the same objective, that is, to exclude the appointment of women (or any other member of a designated group) from the need to first consider persons with priority entitlements established by the PSEA or by the PSER. The Regulations are therefore redundant and are no longer necessary to achieve the purpose for which they were enacted.
Should women in DIAND be under-represented in entry-level officer positions, the Department could invoke the provisions of the PSER to exclude the appointment of women at these levels from the rights to appointment in priority provided by the PSEA or by the PSER.
Consultation
The Public Service Commission consulted DIAND regarding the possible repeal of the Regulations. DIAND has no objection, since the Entry Level Officer Development Program for Women is no longer in existence, and the PSER enables the exclusion from the need to consider persons with priority entitlements should women be under-represented in entry-level officer positions in DIAND.
Status of Women Canada was also consulted, and provided comments and considerations regarding the possible repeal of the Regulations. It suggested that further analysis be conducted to examine the representation of Aboriginal women in DIAND. According to data provided by DIAND, Aboriginal women are adequately represented in relation to the total number of Aboriginals in DIAND, as well as in relation to all women and to all Aboriginals in entry-level officer positions.
Contact
Roch Davidson
Policy Specialist
Policy Development Directorate
Public Service Commission of Canada
L’Esplanade Laurier, West Tower
300 Laurier Avenue W
Ottawa, Ontario
K1A 0M7
Telephone: 613-943-2787
Fax: 613-943-2481
Email: Roch.Davidson@psc-cfp.gc.ca
PROPOSED REGULATORY TEXT
Notice is hereby given that the Public Service Commission, pursuant to section 22 (see footnote a) of the Public Service Employment Act (see footnote b), proposes to make the annexed Regulations Repealing the Appointment of Women in the Department of Indian Affairs and Northern Development (Employment Equity Program) Regulations.
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Roch Davidson, Policy Specialist, Policy Development Directorate, Policy Branch, Public Service Commission of Canada, L’Esplanade Laurier, West Tower, 300 Laurier Avenue West, Ottawa, Ontario K1A 0M7 (tel.: 613-943-2787; fax: 613-943-2481; email: Roch.Davidson@psc-cfp.gc.ca).
Ottawa, September 30, 2011
MARIA BARRADOS
President of the Public Service Commission
MANON VENNAT
Commissioner
REGULATIONS REPEALING THE APPOINTMENT OF WOMEN IN THE DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT (EMPLOYMENT EQUITY PROGRAM) REGULATIONS
REPEAL
1. The Appointment of Women in the Department of Indian Affairs and Northern Development (Employment Equity Program) Regulations (see footnote 3) are repealed.
COMING INTO FORCE
2. These Regulations come into force on the day on which they are registered.
[43-1-o]
Footnote 1
SOR/2005-334Footnote 2
SOR/94-334Footnote a
S.C. 2006, c. 9, s. 100Footnote b
S.C. 2003, c. 22, ss. 12 and 13Footnote 3
SOR/94-334