132, No. 10 — May 13, 1998

Registration
SI/98-58 13 May, 1998

PUBLIC SERVICE EMPLOYMENT ACT

Exclusion Approval Order for Certain Employees and Positions in the Royal Canadian Mounted Police

P.C. 1998-702 30 April, 1998

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 certain persons and to certain positions in the Royal Canadian Mounted Police, and has, on April 2, 1998, excluded, as of May 1, 1998, from the operation of sections 10 and 28, and subsections 29(3), 30(1) and (2) and 39(3) and (4) of that Act and from the operation of any regulations made under paragraph 35(2)(a) of that Act, certain employees of the Provinces of Alberta, Manitoba and Saskatchewan, and of the Northwest Territories and the positions in the Royal Canadian Mounted Police to which persons referred to in the schedule will be appointed;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to subsection 41(1) of the Public Service Employment Act, hereby approves the exclusion made on April 2, 1998 by the Public Service Commission, effective May 1, 1998, from the operation of sections 10 and 28, and subsections 29(3), 30(1) and (2) and 39(3) and (4) of that Act and from the operation of any regulations made under paragraph 35(2)(a) of that Act, of certain employees of the Provinces of Alberta, Manitoba and Saskatchewan, and of the Northwest Territories and the positions in the Royal Canadian Mounted Police to which persons referred to in the schedule will be appointed.

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Order.)

This Exclusion Approval Order is needed to ensure the implementation and administration of the new Firearms Act in the Provinces of Alberta, Manitoba, and Saskatchewan, and in the Northwest Territories.

The federal Minister of Justice has been informed by the governments of these jurisdictions that they were opting out of the administration of this act. They also indicated that they were withdrawing from the administration of the relevant provisions of Part III of the Criminal Code concerning firearms control and other weapons.

The Royal Canadian Mounted Police (RCMP) has recently agreed to the proposal made by the federal Department of Justice to act as service provider in accordance with the Memorandum of Understanding signed by both parties. It has become clear that the only viable option to ensure continuity of current and up-coming operations is to transfer existing provincial and territorial staff to the RCMP.

The hiring of the provincial and territorial employees listed in the schedule to the Order is considered by the RCMP to be crucial. They bring with them a valuable expertise and contacts with local intervenors which are both required to ensure program continuity under the current legislation, and to assist in planning and implementing the new Firearms Act. These employees meet the Standards for Selection and Assessment established by the Public Service Commission of Canada, and they are fully qualified for the positions to which they will be appointed.

The Order excludes these persons and the positions to which they will be appointed from the operation of the sections of the Public Service Employment Act and Regulations pertaining to rights to be appointed in priority. It also excludes them from section 28 of the same act which provides for probation, and from section 10 concerning merit. The latter is necessary to limit access to the targeted positions to these persons, and because their respective qualifications will not be assessed against those of other persons.