Locally Engaged Staff Rules, 2024
Locally Engaged Staff Employment Regulations, 2024: SOR/2024-16
These regulations replace the previous Locally-Engaged Staff rules and give the deputy heads of Global Affairs Canada and the Department of National Defence authority to appoint and manage locally engaged staff abroad. They allow merit-based appointments (advertised or not), short-term temporary hires up to 125 working days, set lay-off and resignation notice tied to host-country labour law (minimum one month for lay-offs), and require monitoring and reporting to the Public Service Commission.
- Published
- February 14, 2024
- Department
- Unavailable
- Section
- Locally Engaged Staff Employment Regulations, 2024
- Comment deadline
- July 10, 2023
- Effective date
- February 2, 2024
- Publication part
- Part II
Summary
Summary#
The Locally Engaged Staff Employment Regulations, 2024 replace the previous rules for people hired locally to work for Canadian missions and military support units outside Canada. They give the deputy heads of Global Affairs Canada and the Department of National Defence more flexibility on hiring, temporary hires and layoffs. These regulations were registered and came into force on February 2, 2024.
What it does#
- Gives the deputy heads of Global Affairs Canada and the Department of National Defence the authority to appoint locally engaged staff and to delegate that authority inside their departments.
- Requires appointments to be made on the basis of merit, but lets the deputy heads:
- set the required qualifications,
- advertise or not advertise a vacancy,
- use any assessment methods they choose,
- appoint for a specified or indeterminate period.
- Allows quick temporary hiring for short-term needs: up to 125 working days in a calendar year. Most other parts of the regulations do not apply to these temporary staff.
- Authorizes lay-offs for lack of work, discontinuance of a function, or transfer of work outside a mission or unit. Written notice must be given at least one month or as required by the host-country labour law, whichever is longer.
- Sets a clear process for resignations: locally engaged staff must give notice in line with host-country law and notify the deputy head, who sets the effective end date.
- Adds oversight and reporting: deputy heads must monitor compliance and report results to the Public Service Commission within three years of the regulations coming into force and at least every five years after that.
- Repeals the previous Locally-Engaged Staff Employment Regulations and removes some provisions that were in the old rules (for example, oaths/affirmations and the old probation rules are not included).
Who's affected#
- Locally engaged staff — people hired outside Canada to work in Canadian diplomatic or consular missions or in military support units abroad.
- Staff working in over 112 jurisdictions, including more than 5,500 people employed by Global Affairs Canada and more than 100 employed by the Department of National Defence.
- Hiring managers, local HR teams and deputies at those two departments who will use the new flexible hiring rules.
- Host-country governments and local labour systems, because the regulations explicitly allow local labour law to apply.
- It is unclear that anyone else (for example, Canadian small businesses) will be affected; the regulatory analysis says the change does not affect small businesses.
Why it matters#
- Hiring will be faster and more flexible for locally hired staff. That can help missions fill roles that need local languages, contacts or technical skills more quickly.
- The rules let managers use non-competitive appointment methods more often. That may reduce formal competition for some positions and change how staff are selected.
- There is a specific new short-term hiring tool (up to 125 working days) for immediate needs. That can make temporary coverage simpler.
- Job protections have changed compared with the old rules — for example, a former priority entitlement after a lay-off has been removed. This could affect some workers’ prospects if positions are cut.
- The government expects the net cost of these changes to be small (less than $1 million a year).
- Built-in monitoring and reporting to the Public Service Commission means those practices will be reviewed regularly and the Commission can offer guidance.
Key topics
Source: Canada Gazette