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Vol. 139, No. 25 — December 14, 2005
Registration
SI/2005-118 December 14, 2005
PUBLIC SERVICE EMPLOYMENT ACT
Public Service Official Languages Exclusion Approval Order
Whereas the Public Service Commission has decided that it is neither practicable nor in the best interests of the public service to apply the provisions of the Public Service Employment Act (see footnote a) respecting official language proficiency to certain persons described in the annexed Order;
Therefore, the Public Service Commission, pursuant to section 20 of the Public Service Employment Act (see footnote b), hereby makes the annexed Public Service Official Languages Exclusion Approval Order.
Ottawa, October 14, 2005
P.C. 2005-2040 November 21, 2005
Her Excellency the Governor General in Council, on the recommendation of the
Minister of Canadian Heritage, pursuant to section 20 of the Public
Service Employment Act (see footnote
c), hereby approves the annexed Public Service Official Languages
Exclusion Approval Order made by the Public Service Commission.
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PUBLIC SERVICE OFFICIAL LANGUAGES EXCLUSION
APPROVAL ORDER |
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INTERPRETATION |
| Definitions |
1. The following definitions apply in this Order.
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"Act"
« Loi » |
"Act" means the Public Service Employment Act. |
"agreement to become bilingual"
« engagement
de devenir bilingue » |
"agreement to become bilingual" means an agreement in writing
by which a person
(a) undertakes to attain the level of official language
proficiency required for a bilingual position, through language
training at public expense, within a period of two years beginning
on the later of the date of the written agreement of appointment
to the bilingual position and the effective date of the appointment;
and
(b) agrees that if, at the end of the two-year period,
the person has not attained the level of language proficiency required
for the bilingual position, the person will be appointed or deployed
on an indeterminate basis to a position for which the person meets
the essential qualifications referred to in paragraph 30(2)(a)
of the Act and that is of a similar level and salary as the bilingual
position. |
"bilingual position"
« poste bilingue »
|
"bilingual position" means a position identified by the deputy
head as one for which the work to be performed requires proficiency
in both official languages. |
"non-imperative"
« nomination non impérative »
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"non-imperative", in relation to an appointment to a bilingual
position, means that the appointment is for an indeterminate period
and the bilingual position has been identified by the deputy head
as not requiring, at the time of the appointment, occupation by a
person who meets the required level of proficiency in both official
languages. |
"unilingual person"
« personne unilingue »
|
"unilingual person" means, in relation to a bilingual position,
a person who meets the required level of proficiency in only one of
the official languages. |
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NON-APPLICATION |
| Non-application |
2. No person is excluded by this Order from any
requirement to meet any qualifications with respect to shorthand,
typing, translation, editing, proofreading, revising, writing or interpretation
or to meet any specialized or expert proficiency requirements in one
or both official languages. |
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AGREEMENT TO BECOME BILINGUAL |
| Exclusion from paragraph 30(2)(a) of the Act with respect
to official language proficiency |
3. A unilingual person who enters into an agreement
to become bilingual in order to be appointed on a non-imperative basis
to a bilingual position is excluded from the operation of paragraph
30(2)(a) of the Act with respect to the official language
proficiency required for the appointment. |
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MEDICAL GROUNDS |
| Exclusion from paragraph 30(2)(a) of the Act with respect
to official language proficiency |
4. If a unilingual person has a long-term or recurring
physical, mental or learning impairment that makes the person unable
to attain, through language training, the official language proficiency
required for a bilingual position, the person is excluded from the
operation of paragraph 30(2)(a) of the Act with respect to
that requirement for a non-imperative appointment to that position.
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ELIGIBILITY FOR AN IMMEDIATE ANNUITY |
| Exclusion from paragraph 30(2)(a) of the Act with respect
to official language proficiency |
5. If a unilingual person is eligible for an immediate
annuity under the Public Service Superannuation Act within
two years after a non-imperative appointment to a bilingual position
and the person submits an irrevocable resignation to take effect no
later than the end of that two-year period, the person is excluded
from the operation of paragraph 30(2)(a) of the Act with
respect to the official language proficiency required for that appointment.
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REPEAL |
| Repeal |
6. The Public Service Official Languages
Exclusion Approval Order (see
footnote 1) is repealed. |
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COMING INTO FORCE |
| Coming into force |
7. This Order comes into force on the day on which section
12 of the Public Service Modernization Act,
chapter 22 of the Statutes of Canada, 2003, comes into force.
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EXPLANATORY NOTE
(This note is not part of the Order.)
The Order replaces the Public Service Official Languages Exclusion Approval Order. It exempts certain persons from the requirement to meet qualifications with respect to official language proficiency under paragraph 30(2)(a) of the Public Service Employment Act. The persons who are exempted are ones
- who have entered into an agreement to become bilingual,
- who are unable to attain the required official language proficiency through language training due to a long-term or recurring physical, mental or learning impairment, or
- who are eligible for an immediate annuity under the Public Service Superannuation Act within two years after a non-imperative appointment to a bilingual position and who submit an irrevocable resignation to take effect no later than the end of that two-year period.
Footnote a
S.C. 2003, c. 22, s. 12 and 13
Footnote b
S.C. 2003, c. 22, s. 12 and 13
Footnote c
S.C. 2003, c. 22, s. 12 and 13
Footnote 1
SOR/81-787
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