CONSOLIDATION

Locally-Engaged Staff Employment Regulations

SOR/95-152

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Locally-Engaged Staff Employment Regulations 2

Interpretation

Delegation of Powers

Consultation

Appointments

Civilian Employees

Selection Criteria

Emergency Employment

Oaths and Affirmations of Allegiance and Office

Probation

Lay-off

Revocation of Appointment SCHEDULE I

Oath of Allegiance SCHEDULE II

Affirmation of Allegiance SCHEDULE III

Oath of Office and Secrecy

Current to June 20, 2022

ii

Locally-Engaged Staff Employment Regulations TABLE OF PROVISIONS

SCHEDULE IV

Affirmation of Office and Secrecy

Current to June 20, 2022

iv

Registration SOR/95-152 March 21, 1995

PUBLIC SERVICE EMPLOYMENT ACT Locally-Engaged Staff Employment Regulations P.C. 1995-465

March 21, 1995

Whereas the Public Service Commission recommends, pursuant to subsection 37(1) of the Public Service Employment Act, that the Governor in Council revoke the Locally-Engaged Staff Employment Regulations, P.C. 1979-1997 of July 26, 1979*, effective April 1, 1995; And Whereas the Public Service Commission recommends, pursuant to subsection 37(1) of the Public Service Employment Act, that the Governor in Council make, in substitution, the annexed Regulations respecting the employment of persons engaged locally outside Canada effective, April 1, 1995; Therefore, His Excellency the Governor General in Council, (a) on the recommendation of the Minister of

Communications and the Public Service Commission, is pleased hereby, pursuant to subsection 37(1) of the Public Service Employment Act, to approve the revocation by the Public Service Commission of the Locally-Engaged Staff Employment Regulations, P.C. 1979-1997 of July 26, 1979*, effective April 1, 1995; (b) on the recommendation of the Minister of Communications and the Public Service Commission, is pleased hereby, pursuant to subsection 37(1) of the Public Service Employment Act, to make, in substitution, the annexed Regulations respecting the employment of persons engaged locally outside Canada, effective April 1, 1995.

*

SOR/79-545, 1979 Canada Gazette Part II, p. 2744

Current to June 20, 2022

Locally-Engaged Staff Employment Regulations

1 [Repealed, SOR/98-13, s. 2]

Interpretation 2 In these Regulations,

civilian component 2002-197, s. 1]

employee

[Repealed,

SOR/

civilian employee means a person who is employed locally under these Regulations and who (a) is hired in support of the Canadian Forces outside of Canada under the North Atlantic Treaty Organization Status of Forces Agreement or any other bipartite or multipartite agreement, (b) is not in receipt of allowances under the Foreign Service Directives or the Military Foreign Service Regulations, and (c) is not a contributor under Part I of the Public Service Superannuation Act; (employé civil) deputy head has the same meaning as in subsection 2(1) of the Public Service Employment Act; (administrateur général) Deputy Minister means the Deputy Minister of Foreign Affairs; (sous-ministre) employee means a person, other than a civilian employee, who is employed locally under these Regulations and who is not in receipt of allowances under the Foreign Service Directives; (employé) employing department means a department that provides the funds for the position in which a person is employed under these Regulations; (ministère employeur) Head of Mission means the senior officer in charge of a Mission or, in his absence, such person as is authorized to act in his place; (chef de mission) integrated employee means an employee in a position for which the funds are provided by the Department of Foreign Affairs and International Trade; (employé intégré)

Current to June 20, 2022

Locally-Engaged Staff Employment Regulations Interpretation Sections 2-4

mission means an office of the Government of Canada outside Canada, including an office of the Canadian Forces; (mission) non-integrated employee means an employee in a position for which the funds are provided by a department other than the Department of Foreign Affairs and International Trade; (employé non intégré) transfer means the appointment without competition, that does not result in a change of tenure, of an employee from one position at a Mission to another position at a Mission where (a) the other position has a maximum rate of pay no

higher than the first position, (b) if the positions are at different Missions that use the same classification plan, the classification levels of the two positions are the same, or (c) if the positions are at different Missions that use different classification plans, the two Heads of Missions, after examining the statement of duties of the positions, indicate in writing that the duties of the positions are equivalent. (mutation)

Under-Secretary [Repealed, SOR/98-13, s. 3] SOR/98-13, s. 3; SOR/2002-197, ss. 1 to 3.

Delegation of Powers 3 (1) The Deputy Minister may delegate any of the powers, functions or duties of the Deputy Minister under these Regulations to one or more persons under the jurisdiction of the Deputy Minister. (2) The deputy head of an employing department other than the Department of Foreign Affairs and International Trade may delegate any of the powers, functions or duties of the deputy head under these Regulations to one or more persons under the jurisdiction of the deputy head. SOR/98-13, s. 4.

Consultation 4 No person may be appointed, rejected, transferred,

laid off or subject to revocation of appointment under these Regulations unless (a) in the case of a non-integrated employee, the

deputy head of the employing department concurs; or

Current to June 20, 2022

Locally-Engaged Staff Employment Regulations Consultation Sections 4-6

(b) in the case of an integrated employee, the immediate supervisor of the employee has been consulted.

Appointments 5 (1) Subject to subsection (2), the Deputy Minister may employ persons locally at a Mission as employees for a specified period or an indeterminate period in accordance with these Regulations. (2) A vacant position at a Mission shall be filled by competition, subject to priority appointment given to laid off employees under subsection 11(3) of these Regulations.

(3) Where more than one person is eligible for priority

under subsection 11(3), the Deputy Minister shall appoint the most meritorious person. (4) Where no candidate is found qualified to perform at the full level of a position, an appointment to the position may be made at a lower level. (5) An employee who is appointed for a specified period ceases to be an employee at the expiration of that period. (6) Despite subsection (2), the Deputy Minister may authorize the transfer of an employee to another position in a Mission if the employee meets the requirements of the position to be filled using the selection criteria stated in section 7. SOR/98-13, ss. 5, 9.

Civilian Employees [SOR/2002-197, s. 4]

6 (1) The Deputy Minister of National Defence may employ persons locally at a Mission as civilian employees for a specified period or an indeterminate period in accordance with these Regulations. (2) All the powers, functions and duties of the Deputy Minister under these Regulations with respect to employees may be exercised by the Deputy Minister of National Defence with respect to civilian employees. (3) Any provision applying to employees in these Regulations also applies to civilian employees. SOR/98-13, s. 6; SOR/2002-197, s. 4.

Current to June 20, 2022

Locally-Engaged Staff Employment Regulations Civilian Employees Sections 6.1-8

6.1 [Repealed, SOR/2002-197, s. 5]

Selection Criteria 7 Where an appointment to a position is to be made by competition, other than an appointment pursuant to section 8 of these Regulations, the most meritorious candidate shall be selected by assessment of candidates in accordance with the requirements of the positions using the following criteria: (a) education; (b) experience; (c) knowledge; (d) abilities and skills; (e) personal suitability; (f) aptitudes; and (g) occupational certification.

Emergency Employment 8 (1) Where additional assistance is required at a Mission for emergency work, the Deputy Minister may employ persons for a specified period. (2) No person shall be employed pursuant to subsection (1) for a continuous period in excess of ninety-two calendar days or for more than one hundred and twenty-five days worked in any year without the approval of the deputy head of the employing department.

(3) Where a person who has been employed pursuant to

subsection (1) is subsequently appointed to a position without a break in service, that person shall be deemed to have been appointed to that position from the date of the employment pursuant to subsection (1). (4) At any time during the specified period referred to in

subsection (1), the Deputy Minister may serve written notice on a person employed under that subsection that the person is released effective the next day. (5) A person who has been served with a notice pursuant

to subsection (4) ceases to be an employee the day after receipt of the notice by the employee. SOR/98-13, s. 9.

Current to June 20, 2022

Locally-Engaged Staff Employment Regulations Oaths and Affirmations of Allegiance and Office Sections 9-11

Oaths and Affirmations of Allegiance and Office 9 (1) Every person who is a Canadian citizen shall, prior

to being employed under these Regulations, take and subscribe an Oath of Allegiance or Affirmation of Allegiance and an Oath of Office and Secrecy or an Affirmation of Office and Secrecy in the forms set out in Schedules I to IV, whichever are appropriate. (2) Subject to subsection (3), every person who is not a Canadian citizen shall, prior to being employed under these Regulations, take and subscribe an Oath of Office and Secrecy or an Affirmation of Office and Secrecy in the forms set out in Schedule III or IV, whichever is appropriate. (3) Where, at any time, the Deputy Minister is satisfied that it is not in the best interests of the Government of Canada that subsection (2) apply to non-Canadian citizens at a Mission, the Deputy Minister may exclude such non-Canadian citizens from the operation of that subsection. SOR/98-13, s. 9.

Probation 10 (1) Every employee appointed, who was not an employee under these Regulations immediately prior to being appointed, shall be considered to be on probation for a period of twelve months commencing on the date of appointment, excluding any period of leave with or without pay in excess of thirty consecutive working days. (2) At any time during the probationary period referred

to in subsection (1), the Deputy Minister may serve a written notice on the employee that the employee is rejected for cause effective two weeks after the date of receipt by the employee of the notice. (3) A person who has been served with a notice pursuant to subsection (2), shall cease to be an employee at the end of the notice period. (4) A period of probation under subsection (1) is not terminated by any appointment of the employee made during the period of probation. SOR/98-13, s. 9.

Lay-off 11 (1) Where the services of an employee are no longer

required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside a

Current to June 20, 2022

Locally-Engaged Staff Employment Regulations Lay-off Sections 11-12

Mission, the Deputy Minister shall serve the employee with written notice that the employee is laid off effective on the expiration of (a) one month after the date of the receipt of the notice, or (b) such period as is required by the law of the country in which the Mission is situated, whichever period is the greater. (2) An employee who has been served with a notice pursuant to subsection (1) ceases to be an employee on the expiration of the greater period specified in that subsection. (3) Subject to subsection (4), an employee appointed for an indeterminate period who has been laid off pursuant to a notice under subsection (1) is entitled, for a period of twelve months following the lay-off, to be appointed, without competition and in priority to all other persons, to a position at the Mission for which, in the opinion of the Deputy Minister, the employee is qualified. (4) [Repealed, SOR/2002-197, s. 6] SOR/98-13, ss. 8, 9; SOR/2002-197, s. 6.

Revocation of Appointment 12 Where a person who is being considered for appointment or who has been appointed under these Regulations, is proved on an inquiry to have been concerned in any fraudulent practice, or to have been guilty of any breach of these Regulations with respect to any selection process for appointment held under these Regulations, the Deputy Minister may refuse to consider the person for the appointment or, if the person has been appointed, may revoke the appointment of the person retroactively to the date of the appointment. SOR/98-13, s. 9.

Current to June 20, 2022

Locally-Engaged Staff Employment Regulations SCHEDULE I Oath of Allegiance

SCHEDULE I

Oath of Allegiance I,................... do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law. So help me God. ....................................... Signature of Employee at........................ this day of............................. Sworn and subscribed before me ............................................................. Signature of Person Administering Oath

Current to June 20, 2022

Locally-Engaged Staff Employment Regulations SCHEDULE II Affirmation of Allegiance

SCHEDULE II

Affirmation of Allegiance I,................... do affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law. ....................................... Signature of Employee at........................ this day of............................. Affirmed and subscribed before me ....................................................................... Signature of Person Administering Affirmation

Current to June 20, 2022

Locally-Engaged Staff Employment Regulations SCHEDULE III Oath of Office and Secrecy

SCHEDULE III

Oath of Office and Secrecy I,................... solemnly and sincerely swear that I will faithfully and honestly fulfil the duties that devolve upon me by reason of my employment in the Public Service and that I will not, without due authority in that behalf, disclose or make known any matter that comes to my knowledge by reason of such employment. So help me God. ....................................... Signature of Employee at........................ this day of............................. Sworn and subscribed before me ............................................................. Signature of Person Administering Oath

Current to June 20, 2022

Locally-Engaged Staff Employment Regulations SCHEDULE IV Affirmation of Office and Secrecy

SCHEDULE IV

Affirmation of Office and Secrecy I,................... solemnly and sincerely affirm that I will faithfully and honestly fulfil the duties that devolve upon me by reason of my employment in the Public Service and that I will not, without due authority in that behalf, disclose or make known any matter that comes to my knowledge by reason of such employment. ....................................... Signature of Employee at........................ this day of............................. Affirmed and subscribed before me ....................................................................... Signature of Person Administering Affirmation

Current to June 20, 2022

