FEDERAL REG

SOR/2017-81: Office of the Governor General’s Secretary Employment Regulations — Regulations Amending Public Service Employment Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
May 6, 2017


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The Office of the Governor General’s Secretary human resources (HR) system changed in October 2015 in anticipation of the federal government-wide Transformation of Pay Administration Initiative. The migration to the new government pay system took place in April 2016. The system changes resulted in an unin... (Click for more)


Published on May 20, 2017

Bill Summary

SOR/2017-81: Office of the Governor General’s Secretary Employment Regulations — Regulations Amending Public Service Employment Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The Office of the Governor General’s Secretary human resources (HR) system changed in October 2015 in anticipation of the federal government-wide Transformation of Pay Administration Initiative. The migration to the new government pay system took place in April 2016. The system changes resulted in an unintended consequence: the new system generated new position numbers for all positions at the Office of the Governor General’s Secretary, including the 11 excluded positions specifically mentioned by their old position numbers in the Office of the Governor General’s Secretary Employment Regulations (Regulations) [GGS-S-910 to 920](see footnote 2). An amendment to the position numbers in the Regulations is required in order to ensure that they continue to apply to the 11 excluded positions and persons occupying these positions. Background The Office of the Governor-General’s Secretary Exclusion Approval Order excludes 11 positions and persons occupying those positions at the Office of the Governor General’s Secretary from the application of the Public Service Employment Act except (a) the definitions Commission and public service in subsection 2(1); (b) sections 17 to 19 (Commission audits); (c) sections 20 and 21 (Exclusions from the Act); (d) section 54 (Oath or affirmation); (e) section 55 (Effective date of appointment or deployment); (f) sections 68 to 72 (Investigation of appointments by Commission); (g) subsection 111(1) and sections 112 to 116, 118, and 120 to 122 (Political activities); (h) section 134 (Authority to administer oaths and affirmations); and (i) section 135 (Access to facilities and information). These 11 positions and persons, who carry out functions such as Executive Assistant to His Excellency, and Executive Assistant, are thus exempt from provisions of the Public Service Employment Act such as those pertaining to the basis of appointment (section 30), and to preferences, priorities and entitlements of appointment (section 39). The Regulations prescribe how to deal with these excluded positions and persons. Historically, the Regulations have given the Office of the Governor General’s Secretary parity with the authority exercised by ministers who are able to hire personal staff to ensure the functioning of their office. Objectives The objective is to replace the numbers of the 11 excluded positions at the Office of the Governor General’s Secretary (rendered obsolete by a move to a new electronic HR system) with new position numbers to ensure that the Regulations continue to apply to these positions. Description The Regulations Amending the Office of the Governor General’s Secretary Employment Regulations replace the now-obsolete position numbers of the 11 excluded positions at the Office of the Governor General’s Secretary with new position numbers designated as 00025450 to 00025460. The position numbers are a reference to the Governor General’s exempt staff positions. The Regulations continue to give the Office of the Governor General’s Secretary parity with the authority exercised by ministers who are able to hire personal staff to ensure the functioning of their office. “One-for-One” Rule The “One-for-One” Rule does not apply to this regulatory amendment, as there is no change in administrative costs to business. Small business lens The small business lens does not apply to this regulatory amendment, as there are no costs to small business. Consultation The Office of the Governor General’s Secretary has been consulted on this regulatory proposal throughout the regulatory process and is supportive of these amendments. Rationale The regulatory amendment is required to ensure that the Regulations continue to apply to the right staff (i.e. those who occupy excluded positions in the Office of the Governor General’s Secretary). The Public Service Commission is of the opinion that the amended Regulations allow for a more flexible and effective appointment process for persons employed in excluded positions in the Office of the Governor General’s Secretary. The absence of these amendments would impact the administration of the Office of the Governor General’s Secretary. Contact Belinda Wong Senior Policy Advisor Public Service Commission 22 Eddy Street Gatineau, Quebec K1A 0M7 Telephone: 819-420-6488 Fax: 819-420-6460 Email: [email protected] Footnote a S.C. 2003, c. 22, ss. 12 and 13 Footnote 1 SOR/2006-114 Footnote 2 SOR/2006-114

This Bill does not amend any statutes.

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