Regulations on the Employment with Statistics Canada for the Purpose of the 2006 Census
SOR/2004-257
Registration 2004-11-23
Regulations on the Employment with Statistics Canada for the Purpose of the 2006 Census
P.C. 2004-1383 2004-11-23
Whereas, pursuant to subsection 41(1) of the Public Service Employment Act, the Public Service Commission has decided that it is neither practicable nor in the best interests of the Public Service to apply certain provisions of that Act to persons appointed for a specified period during the period beginning on January 1, 2005 and ending on June 30, 2007 to positions in Statistics Canada for the 2006 Census and has, on October 14, 2004, excluded from the operation of that Act, with the exception of sections 23, 33, 34, 42, 43, 44 and 45, any person or class of positions in whole or in part for the purpose of the 2006 Census;
And whereas, pursuant to subsection 37(1) of the Public Service Employment Act, the Public Service Commission recommends that the Governor in Council make the annexed Regulations on the employment with Statistics Canada for the purpose of the 2006 Census;
Therefore, Her Excellency the Governor General in Council,
(a) on the recommendation of the Minister of Canadian Heritage and Minister responsible for Status of Women, pursuant to subsection 41(1) of thePublic Service Employment Act, hereby approves the exclusion made on October 14, 2004, by the Public Service Commission from the operation of that Act, with the exception of sections 23, 33, 34, 42, 43, 44 and 45 of that Act, of any person or class of positions in whole or in part during the period beginning on January 1, 2005 and ending on June 30, 2007 for the purpose of the 2006 Census; and
(b) on the recommendation of the Minister of Canadian Heritage and Minister responsible for Status of Women and the Public Service Commission, pursuant to subsection 37(1) of the Public Service Employment Act, hereby makes the annexed Regulations on the employment with Statistics Canada for the purpose of the 2006 Census.
Interpretation
1 The definitions in this section apply in these Regulations.
- Order
Order means the Statistics Canada 2006 Census Term Employees Exclusion Approval Order. (décret)
- person
person means a person who is not employed pursuant to the Public Service Employment Act. (personne)
- position
position means a position in the Program and Administrative Services group, which includes: Clerical and Regulatory (CR), Programme Administration (PM), Administrative Services (AS), Information Services (IS) and a position in the Operational Services group which includes General Services (GS), in connection with data collection and data processing for the purpose of the 2006 Census. (poste)
Application
2 These Regulations apply to the persons and positions to which the Order applies.
General
3 Where Statistics Canada requires the services of a person in connection with data collection and data processing for the 2006 Census, the Chief Statistician or a subordinate authorized by the Chief Statistician may select and appoint a person to a position.
4 (1) For the purpose of the application of section 3, the Chief Statistician or a subordinate authorized by the Chief Statistician may recruit persons who worked for Statistics Canada in connection with a census and whose performance at the time was fully satisfactory.
(2) Where the Chief Statistician or a subordinate authorized by the Chief Statistician elects not to recruit pursuant to subsection (1), the Chief Statistician or a subordinate authorized by the Chief Statistician may recruit persons through the Public Service Commission Regional or District Offices and the selection of those persons shall be based on an order of merit.
5 (1) Where the Chief Statistician or a subordinate authorized by the Chief Statistician or the Public Service Commission Regional or District Office, as the case may be, considers that there are sufficient qualified applicants who are Canadian citizens, recruitment pursuant to section 4 may be limited to Canadian citizens.
(2) Where the Public Service Commission Regional or District Office considers that there are sufficient qualified candidates who are Canadian citizens, they are selected and appointed ahead of other qualified candidates who are not Canadian citizens.
6 A person appointed pursuant to these Regulations is not eligible to participate in closed competitions as defined in the Public Service Employment Act.
7 The Chief Statistician or a subordinate authorized by the Chief Statistician may, on giving at least one day’s notice to a person appointed under these Regulations, terminate the employment of this person for unsatisfactory performance or where the services of that person are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside the Public Service.
Coming into Effect
8 These Regulations come into effect on January 1, 2005 and will remain in effect until June 30, 2007.
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