Corrective actions

The Public Service Commission of Canada (PSC) can take any corrective action that it considers appropriate in founded allegations or concerns. Corrective actions are determined on a case-by-case basis. Departments and agencies and persons affected will be consulted on the Investigation Report and on the proposed corrective actions before a final decision is made.

The goal of corrective actions is to correct irregularities or prevent reoccurrences where:

• an appointment is not made or proposed to be made on the basis of merit in an external appointment process
• an error, omission or improper conduct in an external process affected the selection of the person appointed or proposed for appointment
  • this includes an error, an omission or improper conduct that results from a bias or barrier that disadvantages persons who belong to any equity-seeking group within the meaning of the Canadian Human Rights Act.
• fraud occurred in an appointment process
• political influence affected the selection of the person appointed or proposed for appointment
• an employee is involved in improper political activities

Examples of corrective actions

The PSC will monitor any ordered corrective action.

For investigations conducted at the request of the deputy head pursuant to subsection 67(2) of the Public Service Employment Act, the PSC may recommend corrective actions to the deputy head.

Revocation of an appointment

The Commission may order the revocation of an appointment to correct matters that seriously affect the integrity of the staffing system. Examples include:

• merit was not met
• the appointment was made as a result of improper conduct
• the person appointed committed fraud in the appointment process

The department or agency affected is responsible for implementing the ordered revocation of the appointment. In such cases, the PSC will provide instructions and detailed information to the department or agency.

Effect of revocation

The revocation of an appointment means the end of an employment within a federal department or agency subject to the Public Service Employment Act.

A person whose appointment has been revoked will cease to be an employee of the public service.

Mandatory training followed by a discussion

The PSC may order that an employee complete mandatory training such as a course on staffing or values and ethics and later engage in a discussion with their director or director general about the material covered in that course.

Withdrawal of appointment-related sub-delegation authorities

The PSC may order that the appointment-related sub-delegation of a manager who committed fraud or an improper conduct be withdrawn for a prescribed period of time. The manager will have to participate in mandatory training and have a discussion with their director or director general within 6 months of the end of the prescribed period. 

Notification requirement

The PSC may order that the affected person notify the PSC in writing before accepting employment or a position in a federal department or agency subject to the Public Service Employment Act within the prescribed notification period.

Once advised, the PSC will contact the sub-delegated manager to inform them of information relevant to the investigation and the ordered corrective action. The affected person can only accept an employment offer or position once the PSC confirms, in writing, that they communicated with the sub-delegated manager.

Collection and disclosure of personal information related to the implementation of the notification requirement is permitted under Part 5 of the Public Service Employment Act and the Public Service Employment Regulations. This information is used to ensure compliance with the corrective action. For more information, please visit our web page “What are my rights?”

Purpose of the notification requirement

This requirement allows sub-delegated managers to consider all the relevant information about a candidate so that they can make an informed staffing decision. Sub-delegated managers can take into account information obtained in the context of an investigation when assessing a candidate. The sub-delegated manager has final say on whether to proceed with the staffing action.