Permission and notification clauses before accepting a position or employment

Note: Please ensure that this is the corrective action ordered by the Public Service Commission (PSC). Refer to the document entitled “Annex A” or “Instructions on the implementation of corrective action” sent with the Record of Decision. If you are unsure, please contact the PSC at cfp.daq-qad.psc@canada.ca.

Permission clause

Persons subject to a permission clause need to notify the PSC in writing before accepting employment or a position within a federal organization subject to the Public Service Employment Act.

Once advised, the PSC will contact the sub-delegated manager to inform them of the conclusion of the investigation and the affected person’s obligation to notify the PSC before accepting employment or a position. The employment offer or position can only be accepted by the affected person once the PSC confirms, in writing, that it has communicated with the sub-delegated manager.

For this reason, the affected person should not accept any employment opportunity or position before receiving written confirmation from the PSC that it has communicated with the sub-delegated manager.

Accepting employment or a position before receiving this written confirmation from the PSC will result in the revocation of the appointment.

Collection and disclosure of personal information for the purpose of the permission clause 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?” 

When does the permission clause apply?

The Request for permission before accepting an offer of employment form  must be filled before accepting:

  • an indeterminate appointment
  • a determinate appointment (including extensions)
  • an acting appointment (including acting appointments of 4 months less a day and extensions)

Every employment offer from a pool is reviewed separately.

Request for permission form

Fill out and submit the Request for permission before accepting an offer of employment form.

Review of permission clause by the Public Service Commission

  1. The Public Service Commission (PSC) receives the request and determines which information will be disclosed to the sub-delegated manager under section 19 of the Public Service Employment Regulations.
  2. The PSC contacts the sub-delegated manager to inform them of the conclusion of the investigation and the affected person’s obligation to notify the PSC before accepting employment or the position. In light of the confidential nature of the investigation, the PSC recommends to the sub-delegated manager that they share this information on a “need to know” basis.
  3. The information shared will enable the sub-delegated manager to make an enlightened staffing decision. It is up to the sub-delegated manager to proceed or not with the staffing action.
  4. The PSC confirms to the affected person in writing that they communicated with the sub-delegated manager.

Please note that it may take up to 2 weeks before the PSC can confirm that the permission clause process is completed.

Notification clause required before accepting casual or student employment

Persons subject to a notification clause need to notify the PSC in writing before they can obtain casual or student employment within a federal organization subject to the Public Service Employment Act.

Accepting a casual or student employment without notifying the PSC will result in the PSC providing the deputy head of the hiring federal organization with a copy of the Investigation Report and the Record of Decision.

Notification clause form

Fill out and submit the Notification about casual or student employment form.

Organizations not subject to the Public Service Employment Act

The permission and notification clauses pertain only to federal organizations subject to the Public Service Employment Act.
Affected persons do not need to notify the PSC before accepting employment or a position in an organization that is not subject to the Public Service Employment Act.

There is no requirement to notify the PSC before accepting an offer from a placement agency.

How will the information shared be used by potential employers?

Permission and notification clauses provide sub-delegated managers with all of the relevant information about a candidate so that they can make an enlightened staffing decision. Sub-delegated managers can take into account information obtained in the context of an investigation when assessing a candidate. The final decision as to whether to proceed with the staffing action is up to the sub-delegated manager. 

Monthly monitoring of employment activity

As part of its oversight responsibilities, the PSC monitors the employment activity of the persons affected for the prescribed duration of the permission and notification clauses.

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