Staffing Oversight Reference Tool (SORT)

The Staffing Oversight Reference Tool (SORT) is a resource that outlines the staffing compliance elements (stemming from legislation, regulations and policy) that departments and agencies can refer to when planning staffing monitoring and oversight activities, based on their own specific context and risks. The Staffing Oversight Reference Tool is not an exhaustive list of all staffing-related requirements and considerations. It does not include organization-specific issues that influence staffing, such as governance and approvals, sub-delegation terms and conditions, HR planning, or internal staffing-related policies. Nor does it include regulations or parts of regulations that apply only to specific organizations.

The SORT is divided into two parts: Part 1) Organizational Staffing System; and Part 2) Appointment Process, which also encompasses key aspects of other applicable statutes and regulations that organizations (deputy heads, hiring managers, staffing advisors) are to respect while carrying out their sub-delegated staffing authorities.

Staffing Oversight Reference Tool users may also wish to refer to related Public Service Commission’s guidance, including recent guidance on planning and conducting Cyclical Assessments.

Table of contents

Part 1: Organizational Staffing System

Staffing Framework


The Deputy Head establishes a policy on area of selection for internal appointment process, that at a minimum :

  • provides for reasonable access when advertising
  • provides reasonable access to recourse
  • respects the lifeline provisions of employees from Veterans Affairs Canada and the National Energy Board

References


Appointment Delegation and Accountability Instrument s 1.1, 1.1.a,1.1.b, 1.1.cFootnote 1
Public Service Employment Act s 34(1)

The Deputy Head establishes requirement(s) for sub-delegated persons to articulate, in writing, their selection decision

Appointment Delegation and Accountability Instrument s 1.3
Appointment Policy – Annex B, 8

Exclusive appointment and appointment-related authorities


The Deputy Head retains the authority to approve exceptions to the national area of selection for external advertised appointment process

References


Appointment Policy, Annex A, 1,2,3

The Deputy Head retains the authority to revoke an appointment after an investigation by the Deputy Head or by the Public Service Commission at the request of the Deputy Head

Appointment Delegation and Accountability Instrument, Annex A(A)
Public Service Employment Act s 15(3), 24(1), 24(2), 25

The authority to extend the period to become bilingual for non-imperative appointments is sub-delegated only to a person at the associate deputy minister or the assistant deputy minister level (or equivalent) for:

  • Exceptional operational requirements
  • Exceptional personal circumstances
  • A physical, mental or learning impairment that hinders learning of the other official language
  • Inability to obtain language training at public expense

Appointment Delegation and Accountability Instrument Annex A(B),
Public Service Official Languages Appointment Regulations s 7,
Directive on Executive Group Organization and classification (July 16, 2007)

Sub-delegation terms & conditions


The Deputy Head identifies and documents appointment and appointment-related authorities being sub-delegated and the persons to whom those authorities are being sub-delegated

References


Appointment Delegation and Accountability Instrument s 2.1

Prior to sub-delegating, Deputy Head ensures that persons being sub-delegated:Footnote 2

  1. have completed the required training and
  2. have signed an attestation form that, at a minimum, includes the requirements found in Annex C of the Appointment Delegation and Accountability Instrument

Appointment Delegation and Accountability Instrument s 2.3,
Annex C – Attestation form

Sub-delegated persons are provided with the information and human resources advice and services they require to exercise their sub-delegated authorities

Appointment Delegation and Accountability Instrument s 2.5
Appointment Policy, Annex B

Part 2: Appointment Process

Area of selection


The appointment process is consistent with the Deputy Head’s direction on the use of advertised and non-advertised appointment process

References


Appointment Delegation and Accountability Instrument s 1.2
Public Service Employment Act s 33

Application of national area of selection for all external advertised appointments (exceptions apply)

Appointment Policy s 6, Annex A-3
Public Service Employment Act s 34(1), 35(1), 44, 45, 50(4)

When advertising


The advertisement is posted on the Government of Canada Public Service resourcing website (jobs.gc.ca) and it is made accessible to persons in the area of selection for a minimum of one complete business day (at least 24 hours)

References


Appointment Policy s 7

The advertisement is provided in both official languages

Appointment Policy, Annex B 4

Priority consideration


The organization obtains a priority clearance number for the appointment (if required)

References


Appointment Policy s 2, Annex B 2
Priority Administration Directive s 8.2.6, 8.2.7
Public Service Employment Act s 38, 39.1, 40, 41(1),
Public Service Employment Regulations s 4(1) – (10)

The priority clearance number issued is used for an appropriate appointment (example: for a valid position number)

Appointment Policy s 2, Annex B 2
Priority Administration Directive 8.2.6, ii, iii, iv

Interested persons with a priority entitlement identified by the Public Service Commission or who self-refer are assessed before assessing other persons

Appointment Policy s 1
Priority Administration Directive s 8.2.4

The order of precedence of priority entitlements was respected

Public Service Employment Act s 41(6),
Public Service Employment Regulations s 5-10,
Priority Administration Directive s 8.2.7

Official languages obligations


There are no differences between the French and English versions of the following that could have an impact on persons eligible to apply/participate in the appointment process or its outcome:

  • Priority clearance request (essential qualifications & conditions of employment)
  • Advertisement
  • Merit criteria
  • Assessment tools
  • Notifications or Notice of acting appointment

References


Appointment Policy s 5 (Official language)
Official languages Act, s 39(1), (2), (3)

Assessment of merit


Candidates are advised of the methods of evaluation so that they can request accommodation measures.

References


Appointment Policy s 10

The person appointed meets the greater of the required education/occupational certification or the applicable qualification standard (essential qualification). Canadian equivalency is obtained if applicable.

Appointment Policy s 15, Annex B1,5
Treasury Board Secretariat, Qualification Standards
Public Service Employment Act s 30 (1) (2) (3)

The person appointed meets the asset qualifications, operational requirements and/or organizational needs applied in the appointment decision

Appointment Policy s 15, Annex B1,5
Public Service Employment Act s 30 (1) (2) (3)

A second language evaluation test approved by the Public Service Commission is used for the assessment of proficiency in the second official language

Appointment Policy s 12
Second language evaluation in the public service

Notifications and notice (internal appointment processes)


The notifications (Notification of Consideration and Notification of Appointment or Proposed Appointment) for internal appointment processes are communicated in writing to persons entitled to be notified

References


Appointment Policy s 14
Public Service Employment Act s 48

Preferences (External advertised processes)


For an advertised external appointment process, the order of preference is respected

References


Public Service Employment Act s 30, 39(1), 40, 41

When appointing


The selection decision is articulated in writing for all appointments subject to merit

References


Appointment Delegation and Accountability Instrument s 1.3,
Appointment Policy Annex B-8

The person to be appointed has self-declared in any of the following instances:

  1. An area of selection is limited to or different for members of designated groups; or
  2. An organizational need is applied in order to increase the representation of members of designated groups; or
  3. To select an individual from an inventory, or Treasury Board of Canada Secretariat approved Student Employment Programs used to increase the representation of designated groups; or
  4. To appoint a member of a designated group using a non-advertised appointment process.

Appointment Policy s 4
Public Service Employment Act, s 30(2)(B)(iii), 34
Employment Equity Act s 3, 9(2), 17

For exclusions from meeting the second official language in non-imperative appointments to bilingual positions:

  1. An agreement to become bilingual is completed and signed by the Deputy Head or a sub-delegated person and appointee or
  2. The appointee is excluded on medical grounds or
  3. The appointee is eligible for an immediate annuity and has submitted an irrevocable resignation

Appointment Delegation and Accountability Instrument, Annex B
Public Service Employment Act s 30(2)(a)
Appointment Policy 15.1, Annex B5
Public Service Official Languages Appointment Regulations s 3, 7
Public Service Official Languages Exclusion Approval Order s 3, 4, 5

The offer of appointment is made in writing by a delegated or a sub-delegated person on or before the date of the offer of appointment

Appointment Policy s 17
Appointment Delegation and Accountability Instrument s 2.2, 2.3
Appointment Policy, Annex B11

The offer of appointment is signed by the appointee

Public Service Employment Act s 55, 56(1)
Appointment Policy, Annex B 11

There is a letter of confirmation of mobility provisions, by the Public Service Commission, for any candidate from former ministers’ staff or former incumbents of an excluded position in the Office of the Governor General Secretary

Appointment Policy, Annex B-7

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