Archived - Guide to Implementing the Area of Selection Policy



Document Status:
Draft: Working version
Effective Date:
December 2005
Contact:
Staffing Support Advisors
Related Documents:

 

This Guide is provided by the Public Service Commission to help human resources advisors support deputy heads in developing organizational approaches.

Table of Contents

  1. Introduction
  2. Legal Basis
  3. Why a Policy?
  4. Policy Statement
  5. Policy Objective
  6. Application
  7. Policy Requirements
  8. Other Requirements
  9. Other Support Materials

I. Introduction

This Guide to Implementing the Area of Selection policy has been designed to assist human resources advisors in understanding the expectations of the Public Service Commission (PSC) in the creation of this policy. It will serve to explain and put into practical terms, the application of the core and guiding values that are fundamental to the policy. This guide will also outline how the PSC expects the policy to be implemented.

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II. Legal Basis

Section 34 of the Public Service Employment Act (PSEA) allows the Commission to establish areas of selection.

The last criterion is an important enabling provision of the PSEA, allowing an area of selection to be restricted based on membership in one or more employment equity group; and

This means that geographic, organizational or occupational criteria may be expanded to provide for greater participation of employment equity group members. It permits designated employment equity group members to be included in an appointment process that they would not otherwise be eligible for, since they would not be within the regular area of selection.

Establishing an area of selection must not have the effect of discriminating against persons primarily on the basis of past or present province or territory of residence. An area of selection must not be established along provincial or territorial boundaries, as it would not conform to the spirit and intent of the Canadian Charter of Rights and Freedoms (Charter).

Attention

Organizational criteria have been used in the past by federal organizations whose regional organizations are structured, along provincial or territorial boundaries. An area of selection must not be established using an organizational criteria which uses or closely approximates provincial or territorial boundaries. Such an area would risk offending the Canadian Charter of Rights and Freedoms.

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III. Why a Policy?

The Government of Canada is committed to providing Canadians with access to opportunities for public service employment. The Preamble of the PSEA refers to the Government of Canada's commitment to a public service "whose members are drawn from across the country, reflects a myriad of backgrounds, skills and professions that are a unique resource for Canada". Section 34 of the PSEA provides to the PSC the authority to establish areas of selection.

The PSC Policy on Area of Selection is a key policy in upholding the guiding values of fairness, transparency, access and representativeness. This PSC Policy provides broad direction to organizations based on those values. It is flexible enough for deputy heads to exercise their authority in a manner that will help them efficiently and effectively achieve their human resources and business planning objectives.

Setting an area of selection is an important decision point in the appointment process. In establishing an Area of Selection policy, the PSC's expectations with respect to access are clearly communicated to organizations. The policy has set out minimum requirements for deputy heads to follow in order to ensure that areas of selection are established in a fair and transparent manner. Two of these requirements, which are binding on deputy heads are the establishment of national areas of selection in certain external appointment processes and the establishment of an organizational policy on area of selection.

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IV. Policy Statement

The Policy Statement indicates that an area of selection provides reasonable access to internal and external appointments and a reasonable area of recourse for internal non-advertised appointments. The purpose of establishing an area of selection is to determine:

The policy statement also specifies that a national area of selection is established for all advertised external appointment processes, with the exception of those circumstances outlined in the policy.

This policy statement reinforces the commitment of the PSC for national areas of selection which deputy heads are required to follow.

What is reasonable access?

Reasonable access will depend on many factors, such as:

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V. Policy Objective

The guiding principles underlying the Policy Objective include:

What is a reasonable pool of potential candidates?

More Information

For additional details about the many factors that can influence the determination of a reasonable pool of potential candidates, please see the Guide to Establishing an Area of Selection.

Establishing an area of selection that will ensure a reasonable pool of potential candidates depends on many factors, such as:

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VI. Application

The PSC Policy applies to:

It does not apply to incumbent-based processes.

In this policy, the heading of Application has been added for the purpose of identifying the specific circumstances under which an area of selection must be established. Under the PSEA, the area of selection in internal appointment processes serves two purposes; in an advertised process, an area of selection provides for a reasonable pool of potential candidates, and in a non-advertised process, it establishes the area of recourse. In external appointment processes, the area of selection for an advertised process serves the same purpose as an internal advertised process, to provide for a reasonable pool of potential candidates. However, since there is no right of recourse in external appointment processes, an external non-advertised appointment process will not have an area of selection. As a result, this policy does not apply to external non-advertised processes.

This policy does not apply to incumbent-based processes since the PSEA excludes these processes from the establishment of an area of selection.
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VII. Policy Requirements

Deputy heads must establish and communicate an organizational policy on area of selection.

The PSC requires deputy heads to establish an organizational policy on area of selection to:

Information

This is one of two PSC policies where there is a requirement for deputy heads to establish an organizational policy.

Deputy heads must ensure in their organizational policy that an area of selection limited to employment equity groups is supported in the organization's employment equity plan or their human resources planning.

As stated previously, the PSEA, allows for an area of selection to be restricted based on membership in one or more employment equity group.

Member in a designated group means...

This allows organizations to establish an area of selection based on membership in an employment equity group in order to assist in efforts towards increasing representativeness.

Under this policy, an area of selection limited to one or more employment equity groups must be supported in an organization's employment equity plan or human resources planning.

Why?

Deputy heads will be expected to be able to support and justify their decisions throughout the appointment process. This policy requirement ensures accountability for decisions in that the decision will have to be linked to a demonstrated need and reflected in the organization's employment equity plan or their human resources planning. This supports fairness and transparency in the system.

Deputy heads must ensure in their organizational policy that lifeline provisions are respected

Lifeline provisions were originally implemented to provide employment opportunities to employees who agreed to relocate with their organization from the National Capital Region (NCR) to another location in Canada, but who might wish to return to their original work location.

Currently there are two in existence: Veterans Affairs and the National Energy Board. Employees in their national headquarters offices, i.e., Charlottetown and Calgary respectively, are included in any internal advertised appointment processes open to employees or persons occupying positions in the NCR.

It should be noted that, in the case of the National Energy Board, the lifeline provisions apply only to employees who were employed in that organization prior to July 1, 1996.

The lifeline provisions are outlined in the policy requirements in order to ensure that organizations are aware of these provisions.

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VIII. Other Requirements

The EEA, in terms of achieving and maintaining a representative organization

The Charter, the Agreement on Internal Trade (AIT) and the Social Union Framework Agreement (SUFA), in terms of the mobility provisions.

The Charter

AIT

SUFA

Advice

An area of selection established in a way that is compatible with the Charter of Rights and Freedoms will also be in keeping with the Agreement on Internal Trade and the Social Union Framework Agreement.

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IX. Other Support Materials

Other support materials are being developed by the PSC, such as:

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