Legislation and Regulations

Public Service Employment Act

• The preamble to the Public Service Employment Act (PSEA) identifies representativeness and diversity as being integral to the composition of the public service. It refers to Canada benefiting from a public service where appointments are based on merit and a public service that is representative of Canada's diversity whose members reflect a myriad of backgrounds, skills and professions.
• Employment Equity and Merit: The PSEA defines merit (s.30). An appointment is made on the basis of merit when the person appointed meets the essential qualifications of the position. Moreover, Deputy Heads have the option of including EE in the merit criteria by establishing employment equity as current or future needs of the organization, or of the public service as a whole.
• Employment Equity and Area of Selection:
  • Subsection 34(1) enables the establishment of areas of selections based on geographic, organizational, occupational or belonging to any of the designated groups.
  • Subsection 34(2) enables the expansion of an area of selection to persons who are members of an employment equity group.
• Related Links:
  • Public Service Employment Regulations
  • Public Service Official Languages Exclusion Approval Order
  • Public Service Official Languages Appointment Regulations
  • Political Activities Regulations
  • Regulations Repealing Certain Regulations Made under the Public Service Employment Act

Other relevant legislation

• The Employment Equity Act (EEA), as the primary statute for employment equity in Canada, aims to achieve equality in the workplace and to correct conditions of disadvantage in employment for four designated groups: Aboriginal peoples, women, members of visible minorities and persons with disabilities. The EEA requires both the PSC and the Treasury Board to share responsibilities for employment equity according to their respective mandates. Treasury Board, acting as the employer's administrative agency, is responsible for the government's overall policy on employment equity. The PSC is responsible for creating an appointment system that is bias and barrier-free and ensuring the accommodation of persons in the appointment process.
• The Canadian Human Rights Act (CHRA) establishes in part, the principle of equal opportunity and it prohibits discrimination in employment practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted. It outlines the legal obligations to provide accommodation - to the point of undue hardship and allows for special programs to reduce disadvantages.
• Public Service Modernization Act
• Canadian Charter of Rights and Freedoms
• Canadian Multiculturalism Act
• Official Languages Act
• Privacy Act
• Public Service Staff Relations Act
• The Personal Information Protection and Electronic Documents Act