Archived - Appointment Framework Self-Assessment Questionnaire: Answers

Note:

• All answers are in keeping with the Appointment Framework.
• The questions are organized into four areas: Appointment Policy, Delegation, Accountability, and the Legislative Framework.
• A list of acronyms is provided at the end of this document for your reference

Appointment Policy 

1. Yes. Deputy heads may establish employment equity objectives as an organizational need, one of the merit criteria that can be established to make an appointment. (Appointment Policy Questions and Answers: Employment Equity)

2. Yes. A written rationale for a decision to use a non-advertised process must be prepared to demonstrate how this process meets the established criteria and the values. (Guide to Implementing the Choice of Appointment Process Policy)

3. Yes. The requirement to assess a person in the official language(s) of their choice, other than when assessing language proficiency, applies to all positions in the federal public service, regardless of the language requirements or the location of the position. (Appointment Policy Questions and Answers: Assessment)

4. Yes. Informal discussion takes place during the appointment process when a person has been eliminated from consideration. Therefore, the discussion can take place while the process is ongoing and if there are any errors, they can be corrected. (Appointment Policy Questions and Answers: Informal Discussion)

5. Yes. While there is no requirement that a manager use relative merit to make a selection, there is nothing prohibiting a manager from doing so where it makes sense to use the ranking of candidates in accordance with the qualifications. (Appointment Policy Questions and Answers: Selection and Appointment)

6. Yes. An advertised process must meet two conditions. First, persons in the area of selection are informed of the appointment opportunity, and, second, they have an opportunity to apply and to demonstrate their suitability against the merit criteria.

7. No. Merit includes essential qualifications as well as other merit criteria. Essential qualifications are those necessary for the work to be performed and they must be met in order for a person to be appointed. The other merit criteria are asset qualifications, operational requirements or organizational needs identified by the deputy head.

8. Yes. Informal discussion shall be conducted in the official language(s) chosen by the person who was eliminated from consideration. (Guide to Implementing the Policy on Official Languages in the Appointment Process)

9. Yes. The PSC requires that the SLE tests be mandatory for indeterminate appointments where the positions are designated as bilingual and for term appointments where the position is designated as bilingual. (Guide to Implementing the Policy on Official Languages in the Appointment Process)

10. Yes. The deputy head is required to respect the statutory and regulatory priority requirements, in that these persons must be considered before an appointment process is decided upon. (Guide to Implementing the Choice of Appointment Process Policy)

11. Yes. An organizational policy on area of selection will factor in:

• PSC policy requirements on area of selection;
• the values of fairness, access, transparency and representativeness;
• efficiency, flexibility and cost-effectiveness.

Please note that national areas of selection in external recruitment enhance access to persons with the many backgrounds, skills and professions needed to serve Canadians.
(Guide to Establishing Organizational Policies Required by the PSC)

12. No. The policy statement in the Corrective Action and Revocation Policy outlines that before any decision is made to take corrective action or revoke an appointment, the deputy head must give any person(s) affected by the action, a meaningful opportunity to present relevant facts and to have their point of view fully and fairly considered. (Guide to Implementing the Corrective Action and Revocation Policy)

13. Yes. Deputy heads must, at a minimum, advertise external recruitment employment opportunities on the Internet at http://jobs-emplois.gc.ca as well as on Infotel or on an alternative telephone service provider. (Advertising in the Appointment Process Policy)

14. Yes. Deputy heads must inform the persons to be assessed, in a timely manner, of the assessment methods to be used, their right to accommodation and how to exercise that right. (Assessment Policy)

15. Yes. Where an area of selection is limited to one or more designated groups, it must be supported by the organization's employment equity (EE) plan or human resources (HR) plan. (Area of Selection Policy)

16. No. Participating in an informal discussion in no way affects the right to file a complaint with the Public Service Staffing Tribunal. (Informal Discussion Policy)

Delegation 

17. No. Ss. 15. (3) of the PSEA requires that the deputy head, before taking corrective action or revoking an appointment, conduct an investigation. In order to take corrective action or revoke an appointment, the deputy head must be satisfied that an error, omission or improper conduct affected the selection for appointment.
(Guide to Establishing Organizational Policies Required by the PSC)

18. Yes. Prior to granting sub-delegation, deputy heads must ensure that managers to whom they sub-delegate have access to a human resources specialist whose expertise in the PSC Appointment Framework has been validated by the PSC. (ADAI)

19. Yes. A manager with sub-delegated authority is responsible for knowing and respecting the terms and conditions of their authority and their organization's appointment system. (ADAI)

20. Yes. In exercising delegated authorities, both the deputy head and their sub-delegated officials will a) respect the core appointment values (merit and non-partisanship) and the guiding values (fairness, access, transparency and representativeness); and b) adhere to the PSC's appointment policies. Other conditions also apply. (ADAI)

21. Yes. Deputy heads are accountable to the PSC for all the appointment and appointment-related authorities delegated to them, as well as for any authorities that they have sub-delegated. (ADAI)

22. Yes. When the PSC concludes that there has been a contravention or an abuse of delegated or sub-delegated authorities, it will take remedial measures. These could include additional conditions or limitations, or the partial or complete withdrawal of delegated authorities. (ADAI)

23. No. The Commission retains the authority to approve the exclusion from meeting official language proficiency requirements on medical grounds. (ADAI - List of Delegated Authorities)

24. No. The Commission has specified in the ADAI that only the deputy head may sub-delegate appointment and appointment-related authorities, and this would include modifying, restricting or withdrawing them. (Delegation Questions and Answers: Sub-delegation)

Accountability 

25. Yes. The SMAF sets out key areas for a well-managed appointment system that achieves progress in making the staffing process more flexible and efficient, and strengthening respect for the appointment values involved.

26. Yes. The SMAF provides expectations for deputy heads related to the 11 elements:

1. Delegation of Staffing to Deputy Heads
2. Human Resources Planning and Integration with Business Planning
3. Organizational Human Resources Support Systems
4. Organizational Accountability for Results
5. Flexibility and Efficiency
6. Merit
7. Non-Partisanship
8. Representativeness
9. Access
10. Fairness
11. Transparency 

27. Yes. Deputy heads are expected to establish active monitoring practices and to adjust their staffing processes, programs and practices as required. They are expected to comply with the PSC's reporting requirements, to collaborate with other PSC oversight requirements such as audits, investigations and studies, and to make improvements where deficiencies are identified. The performance of the public service organizations with delegated appointment authorities is monitored on an ongoing basis. (SMAF)

28. Yes. When establishing these processes and programs, deputy heads are expected to establish policies and procedures that respect the values of fairness, access, transparency and representativeness, and ensure that statutory and central agency requirements are respected, even when service providers are used. (SMAF)

Legislative Framework 

29. Yes. The merit system is the foundation of a competent, professional, non-partisan public service. Section 68 of the PSEA states that if it has reason to believe that an appointment or proposed appointment was not free from political influence, the Commission may investigate the appointment process and, if it is satisfied that the appointment or proposed appointment was not free from political influence, the Commission may revoke the appointment or not make the appointment, as the case may be; and take any corrective action that it considers appropriate. (Guide on Assessing Merit)

30. No. It is possible to apply different criteria to different appointments in the same advertised process. (Guide on Assessing Merit)

31. Yes. All essential qualifications must always be assessed. (PSEA s. 30 and Guide on Assessing Merit)

32. Yes. The identification and application of merit criteria in internal processes is subject to recourse through the Public Service Staffing Tribunal (PSST). (PSEA ss. 77. (1) and Guide on Assessing Merit)

33. No. A person with a priority entitlement must be appointed if he or she meets all the essential qualifications established. (PSEA s. 40, s. 41; Public Service Employment Regulation; and Appointment Policy Questions and Answers: Selection and Appointment)

34. No. The right to make a complaint to the PSST is available only after the second notification of an appointment or proposed appointment is given. (PSEA ss. 77. (1) and Appointment Policy Questions and Answers: Notification)

35. Yes. Deputy heads or sub-delegated managers must ensure that errors or oversights are corrected, as appropriate. (Appointment Policy on Informal Discussion)

36. No. The authority to revoke internal appointments is delegated to the deputy head and cannot be sub-delegated. (PSEA ss. 24.(2))

37. No. Any disclosure of information will have to respect the Privacy Act and Access to Information Act and any regulations established by the PSC concerning the disclosure of information obtained during the course of investigation. (Guide to Establishing Organizational Policies Required by the PSC)

38. Yes. Public servants are permitted to engage in any political activity as long as it does not impair, or is not perceived as impairing, their ability to perform their duties in a politically impartial manner. The political involvement of deputy heads, however, is limited to voting. (PSEA ss. 113.(1) and Political Activities)

39. Yes. Persons appointed must meet the required official language proficiency for the work to be performed unless they are excluded under the Public Service Official Languages Exclusion Approval Order (PSOLEAO).(PSEA s. 30 and Guide to Implementing the Policy on Official Languages in the Appointment Process)

40. No. Deployments are not appointments within the meaning of the PSEA. They are governed by the policies and directives of the Treasury Board. (PSEA ss. 51.(4) and Guide to Implementing the Policy on Official Languages in the Appointment Process)

41. Yes. Subsection 30(2) of the PSEA outlines that an appointment is made on the basis of merit when the person to be appointed meets the essential qualifications, including official language proficiency, established by the deputy head for the work to be performed.(Guide to Implementing the Policy on Official Languages in the Appointment Process)

42. Yes. Subsection 77(1) of the PSEA outlines the grounds for bringing a complaint to the PSST, one of which is failure to assess the complainant in the official language of his or her choice as required by subsection 37(1). (Guide to Implementing the Policy on Official Languages in the Appointment Process)

43. No. One of the grounds for complaint to the PSST is indeed abuse of authority in the choice of an advertised or non-advertised internal appointment process. (PSEA ss. 77.(1) and Guide to Implementing the Choice of Appointment Process Policy)

44. Yes. Notification applies to both internal advertised and non-advertised processes. (PSEA para. 48. (1) (a) (b) and Notification Policy)

45. No. Subsection 48.(1) of the PSEA states that the notification takes place after the assessment is complete.

46. No. Section 30 of the Public Service Employment Act (PSEA) requires that official language proficiency in either or both official languages be established as an essential qualification for the work to be performed; this should be interpreted as meaning that official language proficiency cannot be established as an asset qualification, as an operational requirement or as an organizational need. (Official Languages in the Appointment Process -- Other Requirements)

47. Yes. In an internal appointment process, notification of the names of persons being considered for appointment, and of the names of persons being proposed for appointment, or being appointed, is communicated in writing to the persons entitled to be notified, that is, persons in the area of selection who participated in the process. (PSEA s. 48 and Notification -- Other Requirements)

48. Yes. According to section 66 of the PSEA, the Commission may investigate any external appointment process and, if it is satisfied that the appointment was not made or proposed to be made on the basis of merit, or that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may revoke the appointment or not make the appointment, as the case may be; and take any corrective action that it considers appropriate.

49. Yes. According to section 69 of the PSEA, deputy heads must suspend an internal investigation and refer the matter to the PSC if there is reason to believe that the appointment may have been subject to political influence or where fraud may have occurred. (Corrective Action and Revocation -- Other Requirements)

50. Yes. The PSEA confers the following authorities directly to deputy heads:

• to establish merit criteria (s. 30);
• to make deployments (ss. 51(1));
• to extend term employment (ss. 58 (2));
• to terminate the employment of employees on probation (ss. 62 (1));
• to accept resignations (s. 63); and
• to lay off employees (s. 64).

(Delegation Questions and Answers: Specific Authorities)

List of Acronyms

• ADAI: Appointment Delegation and Accountability Instrument
• EE: Employment Equity
• PSC: Public Service Commission
• PSST: Public Service Staffing Tribunal
• SLE: Second Language Evaluation
• SMAF: Staffing Management Accountability Framework