Staffing Oversight Reference Tool (SORT)

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 Canada Energy Regulator

Appointment Delegation and Accountability Instrument s 1.1, 1.1.a,1.1.b, 1.1.c ^{Footnote 1}
Public Service Employment Act s  34(1)

The Deputy Head establishes direction, through policy, planning or other means, on the use of advertised and non-advertised appointment processes

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

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 B9

Deputy Head ensures that the employer or bargaining agents have been consulted with respect to organizational staffing policies upon request, or if they consider such consultations necessary or desirable

Appointment Delegation and Accountability Instrument s 1.4 Public Service Employment Act s 14

Deputy Head ensures the review of their appointment or appointment-related employment system, policies and practices, where underrepresentation has been identified, to determine whether they present any biases or barriers to persons who are members of the designated groups and, if so, make reasonable efforts to eliminate them or to mitigate their impact on such persons

Appointment Delegation and Accountability Instrument s 1.5
Employment Equity Act, s.3
Appointment Policy Annex B, 5a) b)

Exclusive appointment and appointment-related authorities

References

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

Appointment Policy, Annex A, 1,2,3

The DH retains the authority to sub-delegate appointment and appointment-related authorities or to limit or revoke sub-delegation

Appointment Delegation and Accountability Instrument s 2
Public Service Employment Act15(1), 24(1)

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 15(1), 15(3), 24(2),67(2)

The Deputy Head sub-delegates appointment and appointment-related authorities to persons eligible for sub-delegation

Appointment Delegation and Accountability Instrument s  2, Annexes A(C) & B: Persons eligible for sub-delegation

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 (April 2020)

Sub-delegation terms & conditions

References

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

Appointment Delegation and Accountability Instrument s  2.1

The Deputy Head established training pre-requisites for sub-delegation. This must include training on unconscious bias.

Appointment Delegation and Accountability Instrument s  2.2

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

• have completed the required training and
• 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

The Deputy Head provides, in writing, to persons being sub-delegated, the terms and conditions of sub-delegation and the appointment and appointment-related authorities being sub-delegated

Appointment Delegation and Accountability Instrument s  2.4

The Deputy Head ensures that 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

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

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

For an internal process, the established area of selection complies with the organization’s policy on area of selection in regard to the following:

• Advertisement
• Notification of Consideration,
• Notification of Appointment or Proposal of Appointment and Notice of Acting Appointment

Appointment Delegation and Accountability Instrument s 1.1 a), b), c)
Public Service Employment Act s 34(1), 35(1), 44, 48, 50(4);
Appointment Policy s 7, 8;

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

Appointment Policy s 6, Annex A3
Public Service Employment Act s 34(1), 35(1), 44, 45, 50(4)

The person appointed is in the area of selection

Public Service Employment Act s 34(1), 35(1), 44, 45, 50(4)

When advertising

References

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)?

Appointment Policy s 7

The advertisement includes the established merit criteria and a point of contact to whom accommodation requests may be directed

Appointment Policy s 8

The advertisement is provided in both official languages

Appointment Policy, Annex B4

Priority consideration

References

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

Public Service Employment Act s 38, 39.1, 40, 41(1), 43
Public Service Employment Regulations s 4(1) – (10)
Appointment Policy s 2, Annex B2
Appointment Delegation and Accountability Instrument, Annex A (C)
Priority Administration Directive s 8.2, 8.2.6, 8.2.7

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

Appointment Policy s 2, Annex B2
Priority Administration Directive 8.2.6, ii, iii, iv

There are no differences between the requirements used in the request for priority clearance and those used to make the appointment given that differences might prevent persons with priority entitlements from being considered. Particular attention should be provided to:

• Appointment process type
• Tenure, location, group and level
• Essential qualifications
• Conditions related to the appointment and employment

Appointment Policy s 2
Priority Administration Directive s 8.2.4, 8.2.6

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

Interested persons with a priority entitlement are given feedback on their assessment within 60 calendar days of self-referring or being identified

Appointment Policy s 1
Priority Administration Directive s 8.2.5

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

References

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

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

Assessment methods / Identification of biases or barriers

References

Before using an assessment method, an evaluation was conducted to:

• identify whether the assessment method and the manner in which it was applied included or created biases or barriers that could disadvantage persons belonging to any equity-seeking group and,
• if one was identified, reasonable efforts were made to remove the biases and barriers or to mitigate its impact on those persons.

Public Service Employment Act s 36 (2),
Appointment Policy, Annex B(5) (Information Requirement)
Appointment Delegation and Accountability Instrument, Annex C (Attestation)

Assessment of merit

References

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

Appointment Policy s 10

The education requirement (essential qualification) meets or exceeds the applicable Treasury Board Secretariat qualification standard established by the employer

Appointment Policy s 15, Annex B1,6
Treasury Board Secretariat, Qualification standards
Public Service Employment Act s 31(1) (2), 32

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 B1,6
Treasury Board Secretariat, Qualification Standards
Public Service Employment Act s 30 (1) (2) (3)

The person appointed, including those appointed with a priority entitlement, meets all other established essential qualifications (merit criteria) including the official language proficiency

Appointment Policy s 15, Annex B1,6
Public Service Employment Act s 30 (1) (2), 31(1) (2), 36, 38

• Exceptions: Public Service Employment Regulations s 14, 15, 16
• Directive on Official Languages for People Management
• Public Service Official Languages Exclusion Approval Order
• Public Service Official Languages Appointment Regulations

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

Appointment Policy s 15, Annex B1,6
Public Service Employment Act s 30 (1) (2) (3)

Public Service Commission approval is received prior to using psychological tests of intelligence, personality, integrity and aptitude tests, and tests of mental health (if applicable)

Appointment Policy s 9
Public Service Commission approval of psychological tests

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)

References

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

Appointment Policy s 14 
Public Service Employment Act s 48

Persons in the area of recourse are informed in writing of an acting appointment via the Notice of Acting Appointment (when applicable)

Appointment Policy s 14 
Public Service Employment Act s 48
Public Services Employment Regulations s 12,13

Preferences (External advertised processes)

References

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

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

When appointing

References

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

Appointment Delegation and Accountability Instrument s 1.3,
Appointment Policy, Annex B9

For the purpose of an incumbent based appointment (internal appointment process) within the Research and University Teaching Groups, there is a career progression framework established by the deputy head

Public Services Employment Regulations, s 2
Public Service Employment Act s 34(1)

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

• An area of selection is limited to or different for members of designated groups; or
• An organizational need is applied in order to increase the representation of members of designated groups; or
• 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
• 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

The person to be appointed has completed the Affirmation of Indigenous Identity Form (AIIF) where self-declaration as an Indigenous person is applied in making the appointment.

Appointment Policy s16 and Annex B7

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

• An agreement to become bilingual is completed and signed by the Deputy Head or a sub-delegated person and appointee or
• The appointee is excluded on medical grounds or
• 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 B6
Public Service Official Languages Appointment Regulations
s 3, 7
Public Service Official Languages Exclusion Approval Orders 3, 4, 5

For an internal process, the offer of appointment is issued after the required waiting period has ended

Appointment Policy s 14
Public Service Employment Act s 48(2)
Appointment Policy, Annex B10, B12
Public Service Employment Regulations s 12

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, Annex B12
Appointment Delegation and Accountability Instrument s 2.2, 2.3

The offer of appointment sets out all the conditions related to the appointment

Appointment Policy s 17, Annex B12

The offer of appointment is signed by the appointee

Public Service Employment Act s 55, 56(1)
Appointment Policy, Annex B12

For an appointment from outside the Public Service, the oath or solemn affirmation is taken and subscribed to by the person appointed on or before the date the appointment took effect

Public Service Employment Act s 54, 55, 134
Appointment Delegation and Accountability Instrument,
Annex C
Appointment Policy, Annex B11

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 B8

Information is accessible electronically or through other means for a minimum period of five years after the last administrative action (as applicable) for each appointment

Appointment Policy, Annex B