1.1 This Appendix supplements the provisions of Section 4., Policy requirements, and article 4.2, Related requirements and applies to all categories of contracted services that may be provided by temporary help firms. The services provided by temporary help firms are traditionally used against vacancies during staffing action, when a public servant is absent for a short period, or when there is a temporary work load increase for which insufficient staff is available. Public Works and Government Services Canada is responsible for qualifying firms and negotiating basic rates under master standing offers. Under this arrangement, the Crown receives a consistent product at the lowest market rates, and private sector firms are satisfied.
1.2 Contracting authorities subject to the contracting policies and guidelines of the Treasury Board enter into separate contracts with temporary help firms each time a call-up is made against a standing offer for the supply of temporary help services. Provided that departments consider services available under the standing offer, they have the choice of acquiring temporary help through the PWGSC standing offer, establishing their own standing offers, or of dealing directly with other suppliers on a case by case basis.
1.3 Deleted.
1.4 When contracting for the services of individuals, including temporary help, contracting authorities should carefully review the circumstances in order to avoid establishing an employer-employee relationship which would be in conflict with the Public Service Employment Act or the Public Service Staff Relations Act and other key legislation, such as the Employment Insurance Act and the Canada Pension Plan. For guidance in assessing an employer-employee relationship, either seek legal advice or consult the Canada Customs and Revenue Agency which provides guidance, such as "Employee or Self-Employed?", publication numberRC4110, or visit http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-e.html. Should there be any uncertainty, the contract should be signed at a level more senior than the individual who would normally approve the initial entry into the contract.
1.5 Deleted.