Vol. 148, No. 24 — November 19, 2014
SOR/2014-253 November 6, 2014
PUBLIC SERVICE EMPLOYMENT ACT
Royal Canadian Mounted Police Casual Employment Regulations
The Public Service Commission, pursuant to paragraph 22(2)(j) (see footnote a) of the Public Service Employment Act (see footnote b), makes the annexed Royal Canadian Mounted Police Casual Employment Regulations.
Ottawa, November 3, 2014
President of the Public Service Commission
SUSAN M. W. CARTWRIGHT
D. G. J. TUCKER
ROYAL CANADIAN MOUNTED POLICE CASUAL EMPLOYMENT REGULATIONS
1. The following definitions apply in these Regulations.
« évènement majeur »
“major event” means an event of national or international significance that is held within or outside Canada and in which the Royal Canadian Mounted Police is involved, including an official visit to Canada by Her Majesty, members of the Royal Family, a head of state or a representative of a foreign government, or a sporting event, conference, summit or exhibition.
« enquête majeure »
“major investigation” includes an investigation of national or international interest or of a complex case in which the Royal Canadian Mounted Police is involved.
« opération »
“operation” means an activity in which the Royal Canadian Mounted Police is involved that is necessary and that relates to the protection of the public.
Circumstances for appointment
2. For the purpose of subsection 50.2(1) of the Public Service Employment Act, a person may be appointed as a casual worker to the Royal Canadian Mounted Police for a period of more than 90 working days in one calendar year for a major investigation, a major event or an operation if the services of the person are required as a result of unforeseen circumstances such as an unknown duration or the unexpected need for a particular skill.
S.C. 2013, c. 18
3. These Regulations come into force on the day on which sections 59 and 60 of the Enhancing Royal Canadian Mounted Police Accountability Act come into force, but if they are registered after that day, they come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
The Enhancing Royal Canadian Mounted Police Accountability Act, S.C. 2013, c. 18, (ERCMPAA) has amended both the Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10 (RCMPA) and the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (PSEA).
The ERCMPAA has repealed the authority in subsection 10(2) of the RCMPA for the Royal Canadian Mounted Police (RCMP) Commissioner to appoint temporary civilian employees (TCEs). This provision allowed the RCMP to appoint persons on a temporary basis, and such persons were not “employees” as defined in the PSEA.
Issues and objectives
The RCMP has relied heavily on TCEs because the maximum period of employment for casual workers under the PSEA was often insufficient for its needs.
With the repeal of the authority to appoint TCEs, the need to appoint temporary workers can be filled by using the casual employment provision in the PSEA. However, the PSEA prescribes that the period of employment of a casual worker may not exceed 90 working days in one calendar year in any particular department or other organization.
The ERCMPAA has amended the PSEA to provide an authority to appoint casual workers at the RCMP for a period in excess of 90 working days in one calendar year in the circumstances prescribed by regulations. The circumstances are based on the premise of an unforeseen situation.
The intent is that this authority would generally be used only where the other appointment authorities conferred by the PSEA could not be used due to the unforeseen nature of the situation. While the Public Service Commission (PSC) expects that casual workers hired for more than 90 days would have a specific skill or meet other operational requirements such as a security clearance, it is also expected that the authority could be used where no specific skill or requirement is needed.
The Regulations prescribe the circumstances in which the RCMP may appoint casual workers under the PSEA for a period of more than 90 working days in one calendar year.
Pursuant to the Regulations, the RCMP may appoint a casual worker for a period of more than 90 working days in one calendar year for major investigations, major events or operations where the situation was not foreseen. As well, the Regulations provide two examples of an unforeseen situation: the completion date is unknown or the need for a specific skill was not foreseen.
As previously indicated, the circumstances must be in relation to a major investigation, a major event, or an operation. These situations are defined in the Regulations to ensure a clear understanding of the exceptional use of this authority.
The regulatory proposal was prepublished in the Canada Gazette, Part I, on January 4, 2014, for a 30-day public consultation period. In addition to the prepublication, comments were solicited from 129 stakeholders, including the Human Resources Council, the National Staffing Council, the Office of the Auditor General, the employers (the Treasury Board Secretariat [TBS] and the separate agencies that conduct staffing under the PSEA), bargaining agents, and federal government organizations. Feedback was received from 27 stakeholders, including the TBS and three bargaining agents. There were no comments from the general public.
In general, stakeholders were supportive of the proposed Regulations, and confirmed that they would increase flexibility for RCMP operations.
One stakeholder suggested the implementation of a complaint process for situations of extended employment, but this is not within the PSC authority. However, the RCMP has a complaint and investigations mechanism in its internal system that all persons employed can access to file a complaint.
Many stakeholders, including the TBS, indicated their concern with the potential for abuse of the authority without a limit on the duration of employment and its impact on compensation. Options were suggested by different parties and explored by the PSC. In order to mitigate these risks, term employment is encouraged and the PSC will conduct monitoring exercises thoroughly.
As a result of consultations, a change was made to the definition of “operation” to clarify that there are three criteria that must be met to use this authority:
- an activity that the RCMP is either leading or participating in;
- an activity that is necessary; and
- an activity that could either be directly or indirectly related to the protection of the public.
The “One-for-One” Rule does not apply to this proposal, as there are no administrative costs to business.
Small business lens
The small business lens does not apply to this proposal, as there are no costs to small business.
The Regulations provide the RCMP the required flexibility and ability to adjust to operational demands in real time so it may respond to emerging situations in a timely fashion.
Implementation, enforcement and service standards
As provided by the amendments to the PSEA, the PSC has the authority to conduct an annual review to ensure that the RCMP’s exercise of the authority to appoint casual workers for more than 90 working days during the preceding calendar year is consistent with the intent of the Regulations.
In addition, the RCMP has established new monitoring requirements to ensure that the use of casual workers for more than 90 days in a calendar year is conducted according to the intent of the Regulations, and it has developed guidelines to assist its managers in determining when it is appropriate to appoint a casual worker for more than 90 days.
Coming into force
These Regulations come into force on the day on which sections 59 and 60 of the ERMCPAA come into force, but if they are registered after that day, they come into force on the day on which they are registered.
Senior Policy Advisor
Public Service Commission
22 Eddy Street