Locally Engaged Staff Exclusion Approval Order: SI/2024-7

Canada Gazette, Part II, Volume 158, Number 4

Registration
SI/2024-7 February 14, 2024

PUBLIC SERVICE EMPLOYMENT ACT

Locally Engaged Staff Exclusion Approval Order

P.C. 2024-86 February 2, 2024

Her Excellency the Governor General in Council, on the recommendation of the President of the King’s Privy Council for Canada, under subsections 20(1) and (3) of the Public Service Employment Act footnote a, approves

Whereas the Public Service Commission has decided, under subsection 20(1) of the Public Service Employment Act footnote a, that it is neither practicable nor in the best interests of the public service to apply certain provisions of that Act to a person who is appointed and employed outside Canada, who is performing duties that are directly related to diplomatic or consular operations or a military support unit of the Government of Canada located outside Canada and who is subject to the laws of the host country where they are employed;

And whereas, under subsection 20(2) of that Act, the Public Service Commission has consulted with the employer;

Therefore, the Public Service Commission, under subsections 20(1) and (3) of the Public Service Employment Act footnote a,

Gatineau, November 21, 2023

Stan Lee
Acting President of the Public Service Commission

Fiona Spencer
Commissioner

Hélène Laurendeau
Commissioner

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, entitled the Locally Engaged Staff Exclusion Approval Order (the new Order), is made pursuant to subsections 20(1) and (3) of the Public Service Employment Act (PSEA).

The new Order approves

  1. the re-application of the provisions of the PSEA to persons and positions excluded under Order in Council P.C. 1967-444, entitled the Locally-Engaged Staff Exclusion Approval Order (the former Order); and
  2. the exclusion from the application of the PSEA of persons hired outside Canada to perform duties that are directly related to diplomatic or consular operations or a military support unit of the Government of Canada located outside Canada, and who are subject to the laws of the host country where they are employed (referred to as locally engaged staff)

Objective

The objective of the new Order is to replace the former Order.

Background

Locally engaged staff are persons hired outside Canada to perform diverse functions in support of government operations abroad. They are subject to employment practices and labour laws of the host country where they are employed, which are particular to the more than 112 jurisdictions where missions or military support units abroad are located. The local knowledge, contacts and language skills of locally engaged staff are essential to the delivery of government operations abroad.

Global Affairs Canada (GAC) manages locally engaged staff at Canada’s diplomatic and consular operations, while the Department of National Defence (DND) manages locally engaged staff in foreign military support units abroad.

Locally engaged staff were excluded from the operation of the 1961 Civil Service Act. When the PSEA came into force in 1967, the former Order was adopted to exclude locally engaged staff from its operation. Given this exclusion, the Locally-Engaged Staff Employment Regulations (the former Regulations) were developed to prescribe a comprehensive employment regime for locally engaged staff reflective of the rules-based approach to staffing under the PSEA at that time.

The former Order and the former Regulations aimed to enable GAC and DND to effectively and efficiently meet their operational requirements through the recruitment and employment of support staff with good knowledge of the milieu and the local language.

The PSEA has since been amended to provide a more flexible, merit-based staffing system. Regulations entitled the Locally Engaged Staff Employment Regulations, 2024 (the new Regulations) are being made to repeal and replace the former Regulations, to better align regulations with the current PSEA. Amendments to the former Order, as reflected in the new Order, are needed to support the implementation of the new Regulations.

Implications

Summary of changes

The former Order was established in 1967 and referred to section 39 of the 1967 PSEA. The new Order refers to section 20 of the current PSEA. It also removes mention of the positions of postmasters, which no longer exist.

Impacts

The new Order is of a housekeeping nature and does not impact locally engaged staff currently employed by GAC or DND.

Consultation

GAC and DND have been consulted and are supportive of the new Order. As it provides support to the Treasury Board in its role as the employer, the Office of the Chief Human Resources Officer has also been consulted, and it confirmed its support of the proposed continued exclusion of locally engaged staff from the PSEA.

Contact

Sandrine Diotte-Chénier
Manager
Regulations and Staffing Complaints Section
Policy and Strategic Directions Directorate
Public Service Commission of Canada
Telephone: 819‑665‑0620
Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca