CONSOLIDATION

Employment Equity Programs Exclusion Approval Order

SOR/89-30a

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 Order Approving the Exclusion by the Public Service Commission of Certain Persons and Positions from the Operation of Certain Provisions of the Public Service Employment Act for the Purposes of the Employment Equity Programs during the Period Beginning on January 1, 1989 and Ending on March 31, 1993

Short Title

Interpretation

Approval

Current to June 20, 2022

ii

Registration SOR/89-30a December 27, 1988

PUBLIC SERVICE EMPLOYMENT ACT Employment Equity Programs Exclusion Approval Order P.C. 1988-2798

December 22, 1988

Whereas the Public Service Commission has decided that it is not practicable nor in the best interests of the Public Service (a) to apply section 10 and subsection 12(3) of the Public Service Employment Act to positions identified pursuant to the employment equity programs to which target group members coming from outside the Public Service are to be appointed; (b) to apply subsection 12(1) of the Public Service Employment Act in relation to selection standards other than language skills to training positions identified pursuant to the employment equity programs to which members of a target group coming from outside the Public Service are to be appointed; (c) to apply section 10 and subsection 12(3) of the

Public Service Employment Act to positions other than those identified pursuant to the employment equity programs to which target group members, who were appointed to the Public Service for a specified period to a training position identified pursuant to the employment equity programs, are to be appointed; and (d) to apply subsection 21(1) of the Public Service Employment Act to persons who would otherwise have a right to appeal under that subsection against the appointment of target group members, who were appointed to the Public Service for a specified period to a training position identified pursuant to the employment equity programs, to positions other than those identified pursuant to the employment equity programs;

during the period beginning on January 1, 1989 and ending on March 31, 1993. Whereas the Public Service Commission is of the opinion that it is desirable to make the annexed Regulations respecting the appointment of target group members to positions within the employment equity programs during the period beginning on January 1, 1989 and ending on March 31, 1993.

Current to June 20, 2022

Employment Equity Programs Exclusion Approval Order

Whereas the Public Service Commission recommends that, pursuant to subsection 41(2) of the Public Service Employment Act, the Governor in Council approve the revocation by the Public Service Commission of the Northern Careers Exclusion of Native Persons Approval Order, C.R.C., c. 1347; Whereas, pursuant to subsection 37(1) of the Public Service Employment Act, the Public Service Commission recommends that the Governor in Council revoke the Northern Careers Appointments Regulations, C.R.C., c. 1346; Whereas the Public Service Commission recommends that, pursuant to subsection 41(2) of the Public Service Employment Act, the Governor in Council approve the revocation by the Public Service Commission of the exclusion of certain provisions of the Public Service Employment Act for the purposes of the Visible Minority Employment Program during the period beginning on December 22, 1986 and ending on March 31, 1989 approved by Order in Council P.C. 1986-2859 of December 18, 1986* and in consequence thereof to revoke the said Order in Council;

Whereas, pursuant to subsection 37(1) of the Public Service Employment Act, the Public Service Commission recommends that the Governor in Council revoke the Visible Minority Employment Program Regulations, P.C. 1986-2859 of December 18, 1986*;

Whereas the Public Service Commission recommends that, pursuant to subsection 41(1) of the Public Service Employment Act, the Governor in Council make in substitution therefor the annexed Order approving the exclusion by the Public Service Commission of certain persons and positions from the operation of certain provisions of the Public Service Employment Act for the purposes of the employment equity programs during the period beginning on January 1, 1989 and ending on March 31, 1993; 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 respecting the appointment of target group members to positions within the employment equity programs during

*

SOR/87-22, 1987 Canada Gazette Part II, p. 229

Current to June 20, 2022

Employment Equity Programs Exclusion Approval Order

the period beginning on January 1, 1989 and ending on March 31, 1993. Therefore, Her Excellency the Governor General in Council, on the recommendation of the Secretary of State, is pleased hereby (a) pursuant to subsection 41(2) of the Public Service Employment Act, to approve the revocation by the Public Service Commission of Northern Careers Exclusion of Native Persons Approval Order, C.R.C., c. 1347; (b) pursuant to subsection 37(1) of the Public Service Employment Act, to revoke the Northern Careers Appointment Regulations, C.R.C., c. 1346; (c) pursuant to subsection 41(2) of the Public Service Employment Act, to approve the revocation by the Public Service Commission of the exclusion of certain provisions of the Public Service Employment Act for the purposes of the Visible Minority Employment Program during the period beginning on December 22, 1986 and ending on March 31, 1989 approved by Order in Council P.C. 1986-2859 of December 18, 1986* and in consequence thereof to revoke the said Order in Council; (d) pursuant to subsection 37(1) of the Public Service Employment Act, to revoke the Visible Minority Employment Program Regulatoins, P.C. 1986-2859 of December 18, 1986*; (e) pursuant to subsection 41(1) of the Public Service Employment Act, to make in substitution therefor the annexed Order approving the exclusion by the Public Service Commission of certain persons and positions from the operation of certain provisions of the Public Service Employment Act for the purposes of the employment equity programs during the period beginning on January 1, 1989 and ending on March 31, 1993; and (f) pursuant to subsection 37(1) of the Public Service Employment Act, to make the annexed Regulations respecting the appointment of target group members to positions within the employment equity programs during the period beginning on January 1, 1989 and ending on March 31, 1993.

*

SOR/87-22, 1987 Canada Gazette Part II, p. 229

Current to June 20, 2022

Order Approving the Exclusion by the Public Service Commission of Certain Persons and Positions from the Operation of Certain Provisions of the Public Service Employment Act for the Purposes of the Employment Equity Programs during the Period Beginning on January 1, 1989 and Ending on March 31, 1993

Short Title 1 This Order may be cited as the Employment Equity Programs Exclusion Approval Order.

Interpretation 2 In this Order,

aboriginal peoples means persons who are (a) Canadian Status Indians, (b) Canadian non-Status Indians, (c) Canadian Inuit, or (d) Canadian Métis; (autochtones)

disabled persons means persons who, for purposes of employment, consider themselves, or who believe that a potential employer would likely consider them, disadvantaged by reason of any persistent physical, mental, psychiatric, learning or sensory impairment; (personnes handicapées) employment equity programs means the following programs (a) Access Program for Disabled Persons approved by the Treasury Board under T.B. minutes number 789462 of July 14, 1983, number 802603 of June 19, 1986 and number 807057 of November 26, 1987, (b) National Indigenous Development Program approved by the Treasury Board under T.B. minutes number 789462 of July 14, 1983 and number 807057 of November 26, 1987, (c) Northern Careers Program approved by the Treasury Board under T.B. minutes number 739310 of

Current to June 20, 2022

Employment Equity Programs Exclusion Approval Order Interpretation Sections 2-5

November 20, 1975 and number 807057 of November 26, 1987, (d) Visible Minority Employment Program approved by the Treasury Board under T.B. minutes number 802603 of June 19, 1986 and number 807057 of November 26, 1987, (e) Non-Traditional Occupations Program for Women

approved by the Treasury Board under T.B. minutes number 802603 of June 19, 1986 and number 807057 of November 26, 1987; (programmes d’équité en matière d’emploi) members of visible minority groups means persons who are, because of their race or colour, in a visible minority in Canada; (membres des minorités visibles) target group members means disabled persons, members of visible minority groups, aboriginal peoples or women. (membres des groupes-cibles)

Approval 3 The exclusion by the Public Service Commission from

the operation of section 10 and subsection 12(3) of the Public Service Employment Act of positions identified pursuant to the employment equity programs to which target group members coming from outside the Public Service are to be appointed during the period beginning on January 1, 1989 and ending on March 31, 1993, is hereby approved. 4 The exclusion by the Public Service Commission from

the operation of subsection 12(1) of the Public Service Employment Act in relation to selection standards other than language skills of training positions identified pursuant to the employment equity programs to which target group members coming from outside the Public Service are to be appointed during the period beginning on January 1, 1989 and ending on March 31, 1993, is hereby approved.

5 The exclusion by the Public Service Commission from the operation of section 10 and subsection 12(3) of the Public Service Employment Act of positions other than those identified pursuant to the employment equity programs to which target group members who were appointed to the Public Service for a specified period to a training position identified pursuant to these programs, are to be appointed during the period beginning on January 1, 1989 and ending on March 31, 1993, is hereby approved.

Current to June 20, 2022

Employment Equity Programs Exclusion Approval Order Approval Section 6

6 The exclusion by the Public Service Commission from

the operation of subsection 21(1) of the Public Service Employment Act of all persons who, but for this Order, would have a right to appeal under that subsection against the appointment of target group members, who were appointed to the Public Service for a specified period to a training position identified pursuant to the employment equity programs, to other positions than those identified pursuant to the employment equity programs during the period beginning on January 1, 1989 and ending on March 31, 1993, is hereby approved.

Current to June 20, 2022

