Candidate allegedly provided false information in a job application about being a member of a designated employment equity group

Authority

The review of the request for investigation was conducted pursuant to section 69 of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13).

Issue

The review aimed to determine whether an investigation was warranted to examine the concern that a candidate allegedly provided false information in her application when she self-declared as being a member of a visible minority.

Facts

The candidate self-declared as a member of 2 employment equity groups (women and members of visible minorities) under the employment equity section of her application in an appointment process. The appointment process limited the area of selection to members of the following employment equity groups: Indigenous Peoples, members of visible minorities or persons with disabilities. As part of this appointment process and in processing her application, the hiring department asked the candidate to complete a self-declaration form again, and she self-declared as a woman. When asked to clarify the situation, she confirmed that she was not a member of the employment equity groups listed in the advertisement.

The department referred the request for investigation to the Public Service Commission of Canada (PSC) for review and confirmed that the candidate was no longer being considered as part of the appointment process. The PSC reported that the Public Service Resourcing System does not allow candidates to apply when the employment equity groups they declare they belong do not correspond to the employment equity groups identified in the area of selection. However, the PSC noted that some sections within the job application, including the employment equity section, are pre-populated from previous applications.

The PSC informed the candidate of the importance of ensuring that the information provided in a job application is accurate, as this could be considered a dishonest act that could jeopardize the appointment process and could be investigated under section 69 of the Public Service Employment Act. The PSC also asked the candidate to correct her profile in the Public Service Resourcing System and with the hiring departments for all processes to which she applied.

Jurisdiction decision

Taking into account the fact that the candidacy was no longer being considered as part of the appointment process under review, and that the candidate had been informed of the importance of ensuring that the information provided was accurate, the Commission determined that the PSC’s approach, when examining the request for investigation, was sufficient to remedy the irregularity and prevent its recurrence. As a result, the Commission decided that an investigation was not warranted.

File Number: 23-24-17