Public Service Modernization

Staffing

I heard the merit principle has changed.  How?

Relative merit, where individuals are ranked against each other and have the ability to appeal their ranking, will disappear under the new legislation.  While the new Public Service Employment Act says individuals will be appointed on the basis of merit that simply means the individual must meet the essential qualification for the job, including official language proficiency.  The deputy head can also add any other qualification that might be an asset for the work performed or for the organization currently or in the future.

Is there any need to consider more than one person when staffing?

The legislation says the Commission is not required to consider more than one person in order for an appointment to be made on the basis of merit.

What if two or more people are considered for a position, for example if there are priorities?

The legislation says that once the essential qualifications, including official language proficiency are met, the Commission or deputy head can look at any other qualification that might be an asset for the work performed or for the organization either currently or in the future.

Can I take action if I don’t get a job?

Appeals will no longer exist under the new legislation.  Instead, individuals will be able to lodge a complaint with the new, independent Public Service Staffing Tribunal, but only on the following grounds:

ü      Abuse of authority in setting qualifications, requirements, needs and in assessing candidates

ü      Abuse of authority in choosing between an advertised and non-advertised appointment process

Note:  The government documents say abuse of authority means personal favouritism and discrimination.

ü      Failure to assess in official language of choice

The PSC Recourse Branch will continue to investigate external appointments, politically influenced appointments and occurrences of fraud in the appointment processes.

Will the Act increase mobility in the public service?

Workers in the separate agencies will be able to participate in advertized competitions in the core public administration but not vice versa.  Separate agency employees will also be eligible for deployments.

How is equity treated in the new legislation?

The Commission retains its authority for recruitment and appointment to employment equity programs and to set regulations.

Will my right to political involvement be affected?

Political activities are now defined in the legislation as activities surrounding a party or a candidate or seeking a nomination.  Elections can now include those at the municipal level.

When will this happen?

The government wants to pass the law by summer, but to bring it into effect in stages.  The full legislation likely won’t be in place for three or four years.