Employment Equity Programs Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-89-30b/FullText.html

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Employment Equity Programs Regulations

SOR/89-30bPUBLIC SERVICE EMPLOYMENT ACT [REPEALED]
PUBLIC SERVICE EMPLOYMENT ACT
Registration 1988-12-27
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
P.C. 1988-2798 1988-12-22Whereas 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.
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, 1986Footnote * and in consequence thereof to revoke the said Order in Council;
Return to footnote *SOR/87-22, 1987 Canada Gazette Part II, p. 229
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, 1986Footnote *;
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 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, 1986Footnote * 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, 1986Footnote *;
(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.
Short Title

1 These Regulations may be cited as the Employment Equity Programs Regulations.

Interpretation

2 (1) In these Regulations,

aboriginal peoples
aboriginal peoples has the same meaning as in the Order; (autochtones)
disabled persons
disabled persons has the same meaning as in the Order; (personnes handicapées)
employment equity programs
employment equity programs has the same meaning as in the Order; (programmes d’équité en matière d’emploi)
members of visible minority groups
members of visible minority groups has the same meaning as in the Order; (membres des minorités visibles)
Order
Order means the Employment Equity Programs Exclusion Approval Order; (décret)
target group members
target group members has the same meaning as in the Order. (membres des groupes-cibles)

(2) All words and expressions used in these Regulations and not defined in subsection (1) have the same meaning as in the Public Service Employment Act and the Public Service Employment Regulations.

Application

3 These Regulations apply to persons and positions to which the Order applies.

General

4 (1) The Commission may appoint a target group member coming from outside the Public Service to a position identified pursuant to the employment equity programs for which, in the opinion of the Commission, that person is qualified.
(2) The Commission may appoint a target group member coming from outside the Public Service to a training position identified pursuant to the employment equity programs that, in the opinion of the Commission, is commensurate with that person’s capacities.
(3) The Commission may appoint for an indeterminate period a target group member who was appointed to the Public Service for a specified period to a training position identified pursuant to the employment equity programs, to a position other than one identified pursuant to the employment equity programs for which, in the opinion of the Commission, that person is qualified.

5 Where there is any inconsistency between these Regulations and the Public Service Employment Regulations, these Regulations prevail to the extent of the inconsistency.