Frequently Asked Questions: Guide on Priority Entitlements

• 4. How does the PSC ensure that persons with a priority entitlement are considered by hiring organizations?

  The PSC has implemented the Priority Administration Directive to ensure persons with a priority entitlement are considered by organizations. The Directive specifies the roles and responsibilities of the PSC, organizations and persons with a priority entitlement in the administration of priority entitlements; the measures organizations must take in order to ensure priority entitlements are respected; PSC oversight activities; and measures that may be taken by the PSC as a result of non-compliance with this Directive.

  The PSC Priority Entitlements Program uses an automated system (PIMS) to register, identify job opportunities, track, and monitor all persons with a priority entitlement. The PSC also monitors the results of organizations' assessment of persons with a priority entitlement and adherence to the requirements of the Directive and guidance materials related to priority entitlements.

• 5. Who can assist persons with a priority entitlement who feel that they are not being supported by the organization?

  Depending on the situation, persons with a priority entitlement may contact their organizations' human resource officers, their PSC Priority Entitlements Consultant or their bargaining agent.

• 6. Should an organization appoint or deploy a person with a priority entitlement?

  It is the PSC's preference that persons with a priority entitlement be appointed, rather than deployed, since priority appointments require clearance. In this manner, PIMS is informed of the proposed appointment of the person with a priority entitlement. This ensures accurate data is captured in PIMS, resulting in effective management of the person with a priority entitlement's file and accurate statistical data on Priority Entitlements. As an independent agency reporting to Parliament, the PSC is responsible for providing Parliamentarians and Canadians with accurate and timely information on matters related to the PSEA. PIMS is the system of record for the administration of priority entitlements and is the source of statistical data for organizations and the PSC. Accurate and timely input to PIMS is crucial in order for the PSC to fulfill its obligations to Parliamentarians and Canadians.

• 7. What happens if a person with a priority entitlement accepts a term position?

  A person with a priority entitlement who accepts a term position will continue to be identified for job opportunities for which they may be qualified until the end of the entitlement period or the time the person with a priority entitlement accepts an indeterminate position.

• 8. Does an employee receive remuneration when his position has been backfilled indeterminately while on an approved leave without pay?

  When employees are on approved leave without pay and their position has been backfilled indeterminately, they benefit from a return from leave of absence priority entitlement. The entitlement starts on the date the position is backfilled and last for the remaining of the leave, plus one year thereafter. During that one year thereafter the employee remains on leave without pay. If the person is not appointed during the entitlement period, he or she ceases to be employed at the end of the priority period (Note: leave is the responsibility of the employer, please consult the TBS policy on Terms and conditions of employment for more details).

• 10. Is the hiring organization required to assess persons with a priority entitlement who self-refer to an anticipatory process, and when?

  Yes, the organization must consider persons with a priority entitlement who self-refer to an anticipatory appointment process. Persons with a priority entitlement must be assessed before other. All assessments of persons with a priority entitlement must be conducted in a timely manner to ensure a person with a priority entitlement's entitlements are not jeopardized.

  If the person with a priority entitlement who self-referred meets the essential qualifications and conditions of employment, the organization must request priority clearance through PIMS for their appointment.

• 11. What does the organization do if the person with a priority entitlement self-refers on an anticipatory process and is qualified but the organization cannot immediately appoint them?

  In the case of anticipatory processes where the organization cannot make an immediate appointment of a qualified person with a priority entitlement, it is important to determine when the appointment will be made and whether it can be made before the expiration of the priority entitlement. If the priority entitlement period will expire before the appointment date, a current-dated letter of offer can be provided, indicating the future date of appointment, while the person’s priority entitlement is still in effect. Because the offer of appointment was made and accepted during the priority entitlement period, the PSC generally accepts such arrangements. The PSC Priority Entitlements Consultant should be consulted in advance on such cases and be provided with a copy of the letter of offer.

Identifying lower level positions

• 12. Can persons with a priority entitlement be identified for job opportunities at a lower level than the level of their substantive position? And what happens if a person with a priority entitlement accepts such a position?

  Generally, PIMS identifies job opportunities for persons with a priority entitlement for positions that are equivalent to the level of their substantive position. However, if persons with a priority entitlement request that they be identified for lower level positions in the interest of improving their chances of finding a position, and with the approval of their home organization, PIMS will identify job opportunities for persons with a priority entitlement for positions one level lower than the level of their substantive position. If they accept a position at a lower level, persons with a priority entitlement of a type referred to in PSER section 10(1) will benefit from a one year reinstatement priority to assist them in finding a position at the level of their former substantive position. Surplus and lay-off priorities appointed to a lower level position may benefit from salary protection in accordance with the Workforce Adjustment Directive (WFAD).

• 13. When must organizations obtain a priority clearance in the context of an anticipatory staffing process?

  The organization must obtain priority clearance before making an appointment. As the purpose of the anticipatory staffing process is to meet future needs in the organization, and there is typically no vacant position when the process is launched, the organization must obtain a priority clearance when it wishes to fill a vacant position using this process or its pool of qualified candidates (Guide, section 1.5.1).

• 14. What happens if a person with a priority entitlement who has self-referred qualifies in the context of an anticipatory staffing process?

  The Public Service Employment Act (PSEA) and the Public Service Employment Regulations (PSER) set out that a person with a priority entitlement who meets all the essential qualifications of a position must be appointed in priority to all other persons.

  Therefore, when a vacant position is to be filled from an anticipatory advertised appointment process, a person with a priority entitlement who has self-referred and who meets the essential qualifications of the position to be staffed would be considered before other candidates.

  When a manager wants to appoint a person with a priority entitlement who self-referred and qualified in an anticipatory advertised appointment process, the hiring manager must submit a request for priority clearance to the PSC via the Priority Information Management System (PIMS) choosing option B entitled Consideration of a specific person with a priority entitlement. This is required in order to respect the order of precedence of priority entitlements as set out in the PSEA and the PSER. PIMS will search for persons with a priority entitlement, including the person proposed for the appointment. Any persons with a higher priority entitlement who may be identified and interested in the opportunity, must be given priority consideration. For more information, refer to sections 1.5 and 1.9 of the PSC Guide on Priority Administration Entitlements.

• 15. Must we consider a person with a priority entitlement who has qualified to be in a pool as a result of an advertised (anticipatory) staffing process and whose employment relationship with the federal public service has ceased at the time of the appointment?

  It depends on which type of priority the person with a priority entitlement had. Certain types of persons with a priority entitlement must be considered for appointment even if they have ceased to be employees.

  Section 42 of the PSEA indicates that persons with a priority entitlement mentioned in subsection 41(1) (return from leave of absence), who are not appointed during their priority entitlement period, cease to be employees at the end of that period. The PSER states that certain types of persons with a priority entitlement maintain their priority entitlement even if they have ceased to be employees, notably employees who become disabled (PSER, subsection 7(3)) and surplus employees who have been laid off and who benefit from a lay-off priority entitlement. In these cases, we recommend that you contact your PSC Priority Entitlements Consultant for more details.

• 16. Can an employee whose priority entitlement recently expired, but who had previously self-referred to an appointment process during their entitlement period, be appointed as a person with a priority entitlement?

  No. Persons with a priority entitlement cannot be appointed in priority (i.e. ahead of other regular candidates) if their priority entitlement period has expired. Appointment of persons with a priority entitlement must be made prior to the expiration of their priority entitlement. Technically, they are no longer persons with a priority entitlement, as their priority status ended with the expiration of their priority entitlement. When the priority entitlement of a person expires, this person cannot be appointed as a person with a priority entitlement. If the priority entitlement of the person expires before an appointment is made, the possibility of appointing this person in priority also ends.

  However, the person can still be considered for appointment as a qualified candidate in that appointment process if, when this person applied:

  • They were in the area of selection of the advertised staffing process;
  • They applied within the advertising period; and
  • After assessment, they meet the merit principle (i.e. the person meets the essential qualifications of the position and any asset qualifications, operational requirements or organizational needs that were used to make the appointment decision).

  As the person with a priority entitlement is now considered a regular candidate, the asset qualifications can be considered in order to select the candidate to be proposed for appointment.

• 17. An anticipatory staffing process is under way in order to select employees for retention or lay-off purposes. A person with a priority entitlement self-refers. As the hiring manager, must I consider the person with the priority entitlement?

  No. It is true that persons with a priority entitlement who have self-referred must be treated by the hiring manager as if they had been identified by PIMS (Directive 8.2.3 and 8.2.4 and Guide, section 1.7). However, in the context of Work Force Adjustment, the hiring organization must still obtain a priority clearance through PIMS. However, if the organization can demonstrate, to the PSC's satisfaction, that the appointment of a person who has a right to be appointed in priority will result in another person having a priority right, the organization can invoke section 43 of the PSEA. If the PSC is satisfied, it can decide not to apply the provisions governing priority entitlement. Therefore, the hiring manager would not be obligated to consider persons with a priority entitlement.

• 18. An anticipatory staffing process is under way to fill a position that will become vacant in the next months. A person with a priority entitlement has self-referred, but their priority entitlement expires in a few weeks. Can we appoint this person with a priority entitlement who is qualified for the position?

  Yes. Organizations must check the priority entitlement period in PIMS before making an offer of appointment to a person with a priority entitlement. The appointment of a person with a priority entitlement must be made before the end of that period. However, an official offer of appointment (in writing) with an effective future date of appointment can be made during the priority entitlement period. The letter of offer MUST BE signed and accepted before the expiration of the priority entitlement period, BUT it is possible for the appointment date (date of the start of employment) to be after the expiration of the priority entitlement. Organizations should consult in advance with the PSC Priority Entitlements Consultant if the future dated offer is for a lower-level appointment in order to determine eligibility for the reinstatement priority entitlement.

• 19. What is the priority entitlement order of precedence?

  There are two categories of priority entitlements: Statutory and regulatory. Statutory priority entitlements are established by the Public Service Employment Act (PSEA) and take precedence over the regulatory priority entitlements established by the Public Service Employment Regulations (PSER).

  Persons with a statutory priority entitlement are appointed ahead of all others, in the following order:

  • Canadian Armed Forces (CAF) members released for medical reasons attributable to service;
  • An organization's own surplus employees;
  • Employees returning from a leave of absence; and
  • Employees who have been laid off.

  Persons with a regulatory priority entitlement are appointed after those with a statutory priority entitlement, but in no relative order. The regulatory priority entitlements are:

  • Surplus employees from other than the hiring organization;
  • Employees who become disabled;
  • RCMP members: Certain members discharged for medical reasons;
  • CAF members: Certain members released for medical reasons not attributable to service;
  • Employees on leave for the relocation of their spouse or common-law partner;
  • Reinstatement to a former level; and
  • Surviving spouse or common-law partner.

  Further details on priority entitlement types can be found in the PSC's Guide on Priority Administration, Part I, Section 1.2.

• 20. How is the priority entitlement order of precedence applied when appointing persons with a priority entitlement?

  The appointment of persons with a priority entitlement must respect the priority entitlements' order of precedence. The hiring organization can determine the assessment strategy for priority consideration as long as the approach is in compliance with the values and provisions of the PSEA, the PSER and the PSC Appointment Framework. Assessment results and the rationale for the appointment decisions must be clearly communicated to all persons with a priority entitlement identified by PIMS or who have self-referred, as required by section 8.2.5 of the Priority Administration Directive.

• 21. How can the PSC help me apply the priority entitlement order of precedence to efficiently manage priority consideration?

  The PSC's Priority Information Management System (PIMS) provides a Priority Referrals Management Tool containing the names, contact information and feedback results of all persons with a priority entitlement identified by PIMS. Housed within the Priority Referral Feedback Form in PIMS, the list in Excel is sorted alphabetically by name and by priority type/order of precedence, as established in the PSEA and the PSER.

  PIMS users can also generate an updated list at any time to verify whether any changes to priority entitlement types/order of precedence have occurred since the initial list was sent to the organization, including a person's change in priority status (e.g., surplus to lay off), as this may have an impact on how entitlements are applied.

  This tool facilitates the tracking of assessment results and respect for the order of precedence of entitlements. It does not replace the need to formally report the feedback results via the Priority Referral Feedback Form in PIMS for all identified persons with a priority entitlement.

• 22. If an organization develops an internal priority management system to consider its own priority population, can the organization make a priority appointment of its own employee without considering any other persons with a priority entitlement?

  Although the Public Service Commission (PSC) strongly encourages organizations to manage their own priority population and to find placement opportunities for them within their home organization, the appointment of persons with a priority entitlement still needs to be conducted in a manner that respects the legislated order of precedence for priority entitlements. For example, if an organization wishes to appoint one of its own persons with a regulatory priority entitlement, there is still a requirement to consider any person with a priority entitlement identified by the PSC who has a statutory priority entitlement. Specifically, within the statutory priority entitlements, the following order of precedence must be respected prior to considering a regulatory person with a priority entitlement:

  1. Canadian Armed Forces (CAF) members released for medical reasons attributable to service
  2. Organizational Surplus
  3. Leave of Absence
  4. Lay-offs

• 23. Can an organization create an order of precedence for regulatory persons with a priority entitlement? For example, after considering persons with a statutory priority status in the order of precedence, can an organization consider persons with a priority entitlement from a specific regulatory priority type next?

  Although statutory priority entitlements have an order of precedence, there is no similar order for regulatory priority entitlements. Pursuant to paragraph 22(2)(a) of the Public Service Employment Act, the PSC has sole authority to establish an order of precedence for regulatory priority entitlements and has chosen not to do so. As such, a hiring organization cannot establish its own order of precedence when considering a regulatory person with a priority entitlement.

• 24. Why was the reinstatement priority created?

  While the goal of priority entitlements and the priority entitlements program is to appoint persons with a priority entitlement to positions at their own group and level or equivalent, this is not always possible. To secure continuity of employment, persons with a priority entitlement must sometimes accept positions that are at a lower level than their former position.

  The purpose of the reinstatement priority entitlement is to provide employees who have accepted a lower level position, as a result of an appointment or deployment while holding another priority type, with the opportunity to be reinstated to the level of the position they formerly occupied.

• 25. Who is eligible for the reinstatement priority?

  To be eligible for the reinstatement priority entitlement, an employee must first have been the recipient of another priority type, as a result of one of the following specific entitlements:

  • surplus employees who are provided with a guarantee of a reasonable job offer or surplus employees who have a time limited surplus period in which to secure employment;
  • employees who are on an extended period of leave without pay and no longer hold a position because they have been replaced indeterminately or their replacement;
  • a person who has been laid-off;
  • employees who have become disabled and, while no longer able to perform the duties of their position, have been certified as being fit to return to work; and
  • employees who are on leave without pay for the purpose of relocating with their spouse or common-law partner.

  The person with a priority entitlement must also have been appointed to a position at a lower level. To ensure consistency in establishing what it means to be appointed to a lower level, the PSC has chosen to follow the same criteria set out in the Treasury Board Secretariat's Definition of Promotion Regulations. In those instances where the return to the former position would constitute a promotion, a reinstatement priority becomes the mechanism used to support these persons with a priority entitlement in their return to their original substantive level. The formula for determining whether or not a position is a promotion can be found in the Definition of Promotion Regulations.

• 26. Who is responsible for registering the reinstatement priority in PIMS?

  The responsibility for registering the reinstatement priority entitlement in PIMS rests with the organization that appointed or deployed the person with a priority entitlement to the lower level position.

• 27. If an employee is receiving salary protection, does it mean he/she is entitled to a reinstatement priority entitlement?

  A surplus or laid off person with a priority entitlement, who accepts a position for which the rate of pay is lower than that of their former position, may be entitled to salary protection. However, being in receipt of salary protection does not necessarily mean that the employee is eligible for a reinstatement priority entitlement. If the appointment is to a position that, in accordance with the Definition of Promotion Regulations, is considered to be equivalent to their former position, there is no eligibility for a reinstatement priority entitlement, even though the employee may be in receipt of salary protection.

• 28. How is eligibility for the reinstatement priority entitlement calculated?

  Eligibility for the reinstatement priority entitlement is calculated based on the salaries in effect in the former and new positions on the date of the appointment or deployment to the new position.

• 29. If an employee is in receipt of salary protection, will he/she lose salary protection when the reinstatement priority entitlement ends?

  Salary protection is independent of the reinstatement priority. It does not end if the reinstatement priority entitlement expires without the employee being appointed to a position at their former group and level or equivalent.

  Questions related to salary protection should be addressed by the organization's Human Resources contact.