The Public Service Commission may re-apply certain Public Service Employment Act provisions to specified excluded positions and may exclude certain Canada-based overseas employees from the Act’s application.
Locally Engaged Staff Exclusion Approval Order 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 Acta, approves S.C. 2003, c. 22, ss. 12 and 13 the re-application by the Public Service Commission of the provisions of that Act to the positions excluded under Order in Council P.C. 1967-444 of March 10, 1967, and to the persons occupying them; and the exclusion by the Public Service Commission from the application of the Act of 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. Whereas the Public Service Commission has decided, under subsection 20(1) of the Public Service Employment Acta, 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 Acta, re-applies the provisions of that Act to the positions excluded under Order in Council P.C. 1967-444 of March 10, 1967 and to the persons occupying them; and excludes from the application of that Act 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. Gatineau, November 21, 2023