Vol. 146, No. 3 — February 1, 2012
Registration
SOR/2012-1 January 19, 2012
PUBLIC SERVICE EMPLOYMENT ACT
Regulations Repealing the Appointment of Women in the Department of Indian Affairs and Northern Development (Employment Equity Program) Regulations
The Public Service Commission, pursuant to section 22 (see footnote a) of the Public Service Employment Act (see footnote b), hereby makes the annexed Regulations Repealing the Appointment of Women in the Department of Indian Affairs and Northern Development (Employment Equity Program) Regulations.
Ottawa, December 20, 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the Department of Indian Affairs and Northern Development (Employment Equity Program) Regulations (see footnote 1) are repealed.
COMING INTO FORCE
2. These Regulations come into force on the day on which they are registered.
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 2) (PSER), the Appointment of Women in the Department of Indian Affairs and Northern Development (Employment Equity Program) Regulations (see footnote 3) (the Regulations) are no longer necessary to achieve the purpose for which they were enacted.
The objective of the 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 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, now called the Department of Aboriginal Affairs and Northern Development (DAAND). 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 a priority entitlement established by the Public Service Employment Act (PSEA) and the Public Service Employment Regulations, 1993.
Since 2005, the PSER have excluded the appointment of designated group members in accordance with an employment equity program from the need to first consider persons with a priority entitlement pursuant to the PSEA (for example surplus employees and employees on leave of absence) and 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 a priority entitlement established by the PSEA or the PSER. The Regulations are therefore redundant and are no longer necessary to achieve the purpose for which they were enacted.
Should women in DAAND be under-represented in entry-level officer positions, DAAND could invoke the provisions of the PSER to exclude the appointment of women from the need to first consider persons with a priority entitlement pursuant to the PSEA or by the PSER.
Consultation
The Public Service Commission consulted DAAND regarding the possible repeal of the Regulations. DAAND had 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 first consider persons with a priority entitlement should women be under-represented in entry-level officer positions in DAAND.
Status of Women Canada was also consulted, and provided comments and considerations regarding the repeal of the Regulations. It suggested that further analysis be conducted to examine the representation of Aboriginal women in DAAND. According to data provided by DAAND, Aboriginal women are adequately represented in relation to the total number of Aboriginal people in DAAND, as well as in relation to all women and to all Aboriginal people in entry-level officer positions.
The Regulations were pre-published in the Canada Gazette, Part Ⅰ, on October 22, 2011, for public consultations purposes. No comments or representations were made during the public consultation period.
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
Footnote a
S.C. 2006, c. 9, s. 100
Footnote b
S.C. 2003, c. 22, ss. 12 and 13
Footnote 1
SOR/94-334
Footnote 2
SOR/2005-334
Footnote 3
SOR/94-334