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441-02516 (Employment and labour)

Petition to the House of Commons

Whereas:

The Exclusion order SOR/82-361a by the Public Service Commission excludes the Staff of Non- Public Funds, Canadian Forces from the provisions of the Public Service Employment Act;

The Exclusion order was created in 1982 and is outdated by 42 years;

The Public Service Employment Act respects employment in the public service to whom have contributed to the building of Canada while delivering services of the highest quality;

The Act provides the flexibility required to attract and promote employees with the skills and talents needed to serve Canadians. The Act makes managers responsible and accountable for their staffing;

The staff of Non Public Funds are public servants under Schedule V of the Financial Administration Act of the Government of Canada; and

Many employment and employment-related statutes apply to both Staff of the Non-Public Funds, Canadian Forces, and National Defence employees. These include the Official Languages Act, the Public Service Labour Relations Act, Part II of the Canada Labour Code, the Employment Equity Act, the Canadian Human Rights Act, and the Charter of Rights and Freedoms.

We, the undersigned employees of the Staff of Non-Public Funds, Canadian Forces and citizens and residents of Canada, call upon the House of Commons to abolish the exclusion order and include the Staff of the Non-Public Funds, Canadian Forces in the Public Service Employment Act.

Response by the Minister of National Defence

Signed by (Minister or Parliamentary Secretary): Marie-France Lalonde

National Defence deeply values the work of Staff of Non-Public Funds, Canadian Forces (SNPF,CF) and is committed to continuing to provide a positive working environment for all members of the Defence Team.

As SNPF,CF is a Separate Agency under the Financial Administration Act, Schedule V, its employees are paid with Non-Public Property (NPP) resources, including with NPP resources generated through Canadian Forces Morale and Welfare Services (CFMWS) revenues, not through the Treasury Board. The CEO of CFMWS maintains authority over the personnel management of the SNPF,CF, which has its own, separate NPP retirement pension plan that is distinct and separate from the core public service pension system. Additionally, SNPF,CF is guided by its own internal policies and procedures, as well as its own collective agreements.

Staff of Non-Public Funds, Canadian Forces continue to play an integral role in supporting the Defence Team through the Canadian Forces Morale and Welfare Services, both at home and abroad. SNPF,CF serve Canadian Armed Forces members, veterans, and their families through fitness, sports, recreation, and leisure activities. They deliver family and charitable support as well as retail and personal financial services by way of CFMWS. National Defence is thankful for all the continued hard work of the Staff of Non-Public Funds, Canadian Forces and will continue to work collaboratively with members across the Defence Team.

Response by the Prime Minister of Canada

Signed by (Minister or Parliamentary Secretary): The Honourable Chrystia Freeland, P.C., M.P.

In the spirit of operational independence and under the delegated staffing system set out in the Public Service Employment Act (the Act), the Public Service Commission (the Commission) fulfills its mandate by promoting and safeguarding a non-partisan, merit-based and representative public service that serves all Canadians.

Specifically, the Act prescribes the Commission’s role in the development of an exclusion approval order and associated regulations.

Pursuant to the Commission’s regulatory authorities under the Act, the Non-Public Funds Staff Exclusion Approval Order (SOR/82-361a) was registered on March 26, 1982, and excludes all positions and employees of the Staff of the Non-Public Fund, Canadian Forces, from the operation of the Act. Both the exclusion approval order and associated regulations were reviewed in 2006, following the coming into force of the Act on December 31, 2005, where it was determined that no changes were required to the regulatory scheme.

Presented to the House of Commons
Lindsay Mathyssen (London—Fanshawe)
May 31, 2024 (Petition No. 441-02516)
Government response tabled
August 21, 2024
Photo - Lindsay Mathyssen
London—Fanshawe
New Democratic Party Caucus
Ontario

168 signatures

Only validated signatures are counted towards the total number of signatures.