Regulatory Stock Review Plan

This Regulatory Stock Review Plan is a public list and description of planned reviews of regulations that the PSC is proposing over the coming years. It is intended to give Canadians, including businesses and Indigenous peoples, and trading partners, greater opportunity to inform the reviews of regulations and to plan for the future.

The stock review plan identifies a departmental contact point for the planned reviews. The stock review plan will be adjusted and updated over time to reflect the PSC’s regulatory priorities and changes to the operating environment.

Stock Review Plan [2019 – 2025]

Review of the Locally Engaged Staff Exclusion Approval Order and related regulations. Completed

Title of the statutory instrument(s)

Locally Engaged Staff Exclusion Approval Order

Locally Engaged Staff Employment Regulations, 2024

Enabling Act

Public Service Employment Act

Rationale

The statutory instruments were reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

The new order maintains the exclusion of persons hired locally outside Canada from the entire operation of the Public Service Employment Act. The new Locally-Engaged Staff Employment Regulations, 2024 prescribe an employment regime based on the current flexible, merit-based staffing system of the Public Service Employment Act, improving the Government of Canada’s ability to efficiently and effectively employ a locally engaged workforce in support of its operations abroad.

Date of last review or amendment (Year)

2024

Targeted start for review (Year) To be determined
Stakeholder Feedback

Global Affairs Canada and the Department of National Defence (employing departments) were consulted in the development of the new regulations and are supportive of the proposal. The concepts and elements that underpin the new regulatory approach were shared with locally engaged staff during a global symposium. The feedback gathered was positive and supportive of the proposal.

Two comments were received as a result of the prepublication. The first comment was out of scope as it related to the employer’s authorities, which have been delegated to the employing departments.

The second comment expressed concern that the oversight and reporting requirement would not be helpful to the management of staff, and that the employing departments do not need additional compliance-focused bureaucracy.

All comments received during prepublication were published on the Canada Gazette website for public access.

Outcome

Replaced: the former order was repealed and replaced with a new order. The former regulations were repealed and replaced with new regulations.

Departmental contact: Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca
Review of the Public Service Employment Regulations. Completed

Title of the statutory instrument(s)

Public Service Employment Regulations

Enabling Act

Public Service Employment Act

Rationale

The regulations were reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

These regulations expand on the operation of the Public Service Employment Act (PSEA) by giving effect to certain provisions relating to matters under the Public Service Commission’s (PSC) jurisdiction.

The objective of the review was to ensure that the regulations remain relevant and continue to meet current and emerging needs of departments and agencies that fall within the jurisdiction of the PSEA, as well as to eliminate any unnecessary requirements.

Date of last review or amendment (Year)

2025

Targeted start for review (Year)

To be determined.

Stakeholder Feedback

Departments and agencies, the employer, bargaining agents and subject matter experts (including employment equity and diversity and official languages experts) were consulted throughout the review process of the regulations leading to the adoption of the amending regulations.

The proposed amendments were published in the Canada Gazette, Part I, on September 7, 2024, for a 30-day consultation period.

More detailed information on the comments received is available in the “Consultations” section of the Regulatory Impact Analysis Statement.

Outcome

Amended – the regulations remain, but changes were made.

Departmental contact:

Email: cfp.examenrefp-pserreview.psc@cfp-psc.gc.ca

Review of the Public Service Official Languages Exclusion Approval Order and related regulations.

Title of the statutory instrument(s)

Public Service Official Languages Exclusion Approval Order
Public Service Official Languages Appointment Regulations

Enabling Act

Public Service Employment Act

Rationale

The statutory instruments will be reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

These statutory instruments enable excluded persons to be subject to a non-imperative appointment on the basis of merit except with respect to official language proficiency. They were created to provide an appropriate balance between ensuring that persons appointed meet the official language proficiency requirements of bilingual positions and fostering the access of unilingual Canadians to bilingual positions in the federal public service.

The regulations will be reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Date of last review or amendment (Year)

2021

Targeted start for review (Year)

To be determined

Stakeholder Feedback

Subject matter experts were consulted on the review of the order and agreed that no amendments were required.

Outcome

The order was reviewed and confirmed. No changes were made as it remains relevant and aligned with legislation and policies. This was a partial review; a complete review will be planned at a later date.

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

Repeal of the Communications Security Establishment Exclusion of Positions and Employees Exclusion Approval Order and related appointment regulations. Completed

Title of the statutory instrument(s)

Communications Security Establishment Exclusion of Positions and Employees Approval Order
Communications Security Establishment Appointments Regulations

Enabling Act

 

Public Service Employment Act

Rationale

The statutory instruments were repealed as they have lapsed following the coming into force of the Communications Security Establishment Act, arising from the National Security Act, 2017.

Narrative

 

The repealed statutory instruments excluded all positions and employees of the Communications Security Establishment from the application of the Public Service Employment Act and enabled the Deputy Minister of National Defence to appoint persons to the Communications Security Establishment as deemed appropriate.

Since the coming into force of the Communications Security Establishment Act, arising from the National Security Act, 2017, the Chief of Communications Security Establishment was conferred exclusive appointment authorities. As a result, the exclusion approval order and related appointment regulations were no longer needed.

Date of last review or amendment (Year)

2024

Targeted start for review (Year)

N/A

Stakeholder feedback

The Department of National Defence and the Communications Security Establishment were consulted, and they agreed with the regulatory proposal.

Outcome

Removed without replacement.

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

Review of the Appointment or Deployment of Alternates Exclusion Approval Order and related regulations.

Title of the statutory instrument(s)

Appointment or Deployment of Alternates Exclusion Approval Order
Appointment or Deployment of Alternates Regulations

Enabling Act

 

Public Service Employment Act

Rationale

The statutory instruments will be reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

These statutory instruments were enacted to allow for the operation of alternation provisions in the National Joint Council Work Force Adjustment Directive and other Work Force Adjustment Agreements.

On January 1, 2019, the new National Joint Council Work Force Adjustment Directive came into force. Amendments were also made to Work Force Adjustment Appendices embedded in collective agreements. As a result, these statutory instruments will be reviewed to ensure they remain aligned with the current policy objectives.

Date of last review or amendment (Year)

2017

Targeted start for review (Year)

The review exercise began in 2023.

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

Review of the Order designating certain portions of the Federal Public Administration.

Title of the statutory instrument(s)

Order Designating Certain Portions of the Federal Public Administration

Enabling Act

Public Service Employment Act

Rationale

A periodic review of this order is required to ensure that the list of designated organizations is updated and amended accordingly.

Narrative

 

This order designates certain portions of the federal public administration as parts of the public service. The employees in those organizations may participate in an advertised internal appointment process where the area of selection entitles all persons employed in the public service to be considered.

Date of last review or amendment (Year)

2015

Targeted start for review (Year)

2025

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

Review of the Student Employment Programs Participants Exclusion Approval Order and related regulations.

Title of the statutory instrument(s)

Student Employment Programs Participants Exclusion Approval Order
Student Employment Programs Participants Regulations

Enabling Act

Public Service Employment Act

Rationale

The statutory instruments will be reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

These statutory instruments facilitate the appointment of students in student employment programs established by the Treasury Board of Canada and enable students to gain valuable work experience within the public service.

They will be reviewed to ensure they are aligned with current Treasury Board of Canada policy direction and other initiatives in relation to student employment.

Date of last review or amendment (Year)

2022

Targeted start for review (Year)

To be determined with the development of a new stock review plan

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

Review of the Part-Time Work Exclusion Approval Order and related regulations.

Title of the statutory instrument(s)

Part-time Work Exclusion Approval Order
Public Service Part-time Regulations

Enabling Act

Public Service Employment Act

Rationale

The statutory instruments will be reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

These statutory instruments were created to facilitate the hiring of persons who are not ordinarily required to work more than one-third of the normal scheduled hours of work established for similar positions.

They will be reviewed to reassess the rationale for regulating and the pertinence of the regulatory requirements.  

Date of last review or amendment (Year)

1981

Targeted start for review (Year)

To be determined with the development of a new stock review plan

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

Review of the Non-Public Funds Staff Exclusion Approval Order and related regulations.

Title of the statutory instrument(s)

Non-Public Funds Staff Exclusion Approval Order
Non-Public Funds Staff Regulations

Enabling Act

Public Service Employment Act

Rationale

The statutory instruments will be reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

These statutory instruments were enacted to allow for the employment of persons providing support services to members of the Canadian Armed Forces.

They will be reviewed to reassess the rationale for regulating and the regulatory approach.

Date of last review or amendment (Year)

2006

Targeted start for review (Year)

To be determined with the development of a new stock review plan

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

Review of the Political Activities Regulations.

Title of the statutory instrument(s)

Political Activities Regulations

Enabling Act

Public Service Employment Act

Rationale

The regulations will be reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

These regulations were created to clarify certain provisions of Part 7 of the Public Service Employment Act, which establishes a regime governing the political activities of employees that balances their right to engage in those activities while maintaining the principle of political impartiality in the public service.

They will be reviewed to assess whether they are achieving their expected outcomes.

Date of last review or amendment (Year)

2012

Targeted start for review (Year)

To be determined with the development of a new stock review plan

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

Review of the Royal Canadian Mounted Police Casual Employment Regulations.

Title of the statutory instrument(s)

Royal Canadian Mounted Police Casual Employment Regulations

Enabling Act

Public Service Employment Act

Rationale

The regulations will be reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

These regulations operationalize section 50.2 of the Public Service Employment Act, which allows for casual employment at the Royal Canadian Mounted Police (RCMP) in excess of 90 days, in the circumstances prescribed by the PSC’s regulations.

They will be reviewed to assess whether they are achieving their objective and to determine if they resulted in any unintended impacts.

The review will be conducted in conjunction with the results of the PSC’s audit of RCMP authority to appoint casuals for more than 90 days.

Date of last review or amendment (Year)

These regulations were created in 2014. As a result, they have not yet been reviewed.

Targeted start for review (Year)

2024

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

Review of the Indian Affairs and Northern Development Aboriginal Peoples Employment Equity Program Appointments Regulations.

Title of the statutory instrument(s)

Indian Affairs and Northern Development Aboriginal Peoples Employment Equity Program Appointments Regulations

Enabling Act

Public Service Employment Act

Rationale

The regulations will be reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

The regulations were created to facilitate the appointment of Aboriginal peoples under the department’s Employment Equity Program for Aboriginal Peoples.

They will be reviewed to reassess the rationale for regulating and the regulatory approach.

Date of last review or amendment (Year)

1997

Targeted start for review (Year)

To be determined with the development of a new stock review plan

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

Review of the Office of the Governor General’s Secretary Exclusion Approval Order and related employment regulations.

Title of the statutory instrument(s)

Office of the Governor General's Secretary Exclusion Approval Order
Office of the Governor General's Secretary Employment Regulations

Enabling Act

Public Service Employment Act

Rationale

The statutory instruments will be reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

These statutory instruments exclude specific positions in the Office of the Governor General’s Secretary and the persons occupying them from certain provisions of the Public Service Employment Act. They grant parity with the authority exercised by Ministers who are able to hire personal staff to ensure the functioning of their office.

They will be reviewed to reassess the rationale for regulating and to ensure references are up-to-date.  

Date of last review or amendment (Year)

2017

Targeted start for review (Year)

To be determined with the development of a new stock review plan

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

Review of the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order and related regulations.

Title of the statutory instrument(s)

Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order
Statistics Canada Census and Survey Related Term Employment Regulations

Enabling Act

Public Service Employment Act

Rationale

The statutory instruments will be reviewed to assess their effectiveness and ensure they remain relevant and aligned with evolving legislation, policy objectives and priorities.

Narrative

 

These statutory instruments were enacted to facilitate the appointment and retention of persons hired for the timely conduct of the Census and surveys.

They will be reviewed to assess whether they are achieving expected outcomes.

Date of last review or amendment (Year)

2017

Targeted start for review (Year)

To be determined with the development of a new stock review plan

Departmental contact:

Email: cfp.reglements-regulations.psc@cfp-psc.gc.ca

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