Get Ready III Public Service Employment Regulations

1
Get Ready III -Public Service Employment
Regulations
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PSER Workshop Overview

• 845 Introduction and overview of the regulatory
  provisions
• 855 Presentation and plenary exercise on the
  regulatory provisions for priorities
• 930 Presentation on the regulatory provisions
  for acting appointments
• 940 Question period
• 1010 Summary
• 1015 Closing

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OBJECTIVES

• To help you
• understand the regulatory provisions arising from
  the new Public Service Employment Act (PSEA)
• put these provisions into practice in the
  appointment process

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Founding principles of the PSER

• Arising from section 22 of the PSEA
• The coming into force of the new PSEA has
  eliminated former concepts of
• eligibility list
• relative and individual merit
• right to appeal
• provisions applying solely to the Executive Group
• Certain measures are now the employers
  responsibility
• probation
• definition of promotion
• intergroup deployment

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Overview - PSER

• Definitions
• Incumbent-based process
• Employment Equity
• Non-application- certain appointments
• Priorities
• Acting appointments
• Executive Group
• Investigations
• Lay-offs

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Overview - PSER
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Overview - PSER
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Overview - PSER
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Overview - PSER
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Overview - PSER
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Overview - PSER
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Overview - PSER
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Overview - PSER
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Incumbent-based appointment

• Flows from subsection 34(1) of the PSEA regarding
  areas of selection
• the requirement to establish an area of selection
  for the appointment and an area of recourse for
  complaints to the Public Service Staffing
  Tribunal does not apply to this type of
  appointment
• Applies to positions in the Research (RE) and
  University Teaching (UT) groups
• Royal Military College, Agriculture and
  Agri-Food, National Defence, Health, Natural
  Resources, Fisheries and Oceans, Environment,
  Industry
• Conditions for an incumbent-based appointment
• a career progression program for these groups in
  the organization
• an independent redress mechanism established by
  the deputy head in consultation with the
  bargaining agents concerned
• No right to make a complaint to the Public
  Service Staffing Tribunal
• Link to the Federal Science and Technology
  Community intranet site
• http//intranet.sciencetech.gc.ca/ScienceTech/ind
  ex.html

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Executive GroupUnderfill and Overfill

• Application of section 18 of the PSER
• provision regarding underfill/overfill applies
  only to the EX Group
• may only occur "if pay at the previous level is
  authorized by Treasury Board
• the Treasury Board policy provides for overfill
  compensation for employees at the EX-04 and EX-05
  levels only

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Disclosure of Information Obtained During the
Course of Investigation

• The Commission may disclose personal information,
  if
• The Commission shall not disclose a standardized
  test, or information concerning a standardized
  test, owned by
• an organization
• the Commission
• commercially available
• if obtained in the course of an investigation
  under the Act, unless it can be disclosed
• with or without conditions set by the Commission,
  in a manner that will not affect the validity or
  continued use of the standardized test or will
  not affect the results of such a test by giving
  an unfair advantage to any person.

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Regulatory Priorities

• Surplus
• Reinstatement
• Relocation
• Lay-off- selection of employees
• Employee who becomes disabled
• Canadian Forces and RCMP
• Governor General

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Priorities - Overview

• Some statistics
• Rationale for the right to priority appointment
• Staffing values apply to all processes
• Priority considerations precede the choice of
  appointment process
• No order of consideration for regulatory
  priorities
• Organizations need priority clearance for all
  term and indeterminate appointments, as well as
  Executive Group appointments

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Priorities - Overview

• Those entitled to a regulatory priority
  appointment, except with respect to
  reinstatement, can be appointed to positions that
  represent a promotion
• Priority appointments must
• meet the essential qualifications including
  official languages proficiency (unless exempted
  under the the Order)
• meet the conditions of employment
• No right to make a complaint to the Public
  Service Staffing Tribunal for the appointment of
  someone entitled to regulatory priority

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Priorities Not subject to priority right

• PSER section 3
• A member of a designated group may be appointed,
  in accordance with an employment equity program,
  without regard to statutory priorities
• surplus employee (PSEA s. 40)
• employee on leave (PSEA subs. 41(1))
• ministers staff (PSEA subs. 41(2) and (3))
• persons laid off (PSEA subs. 41(4))
• unless the person entitled to a statutory
  priority is a member of a group addressed by the
  employment equity program.

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Non-application to certain appointments

• PSER section 4
• The regulatory priorities do not apply to
• incumbent-based appointments
• acting appointments
• these are also exempted from the consideration of
  statutory priorities
• appointments made under an EE program
• unless they are members of a designated group to
  which the EE program applies
• The entitlement to a regulatory priority does not
  apply to an employee who is employed for a
  specified period

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Priority Surplus employeeDuration of
entitlement

• 2 kinds of surplus priorities statutory and
  regulatory
• PSER 5(1) - beginning
• begins on the day on which an employee is
  declared surplus by the deputy head (DH)
• no lay-off is yet effective
• is entitled to appointment in priority after
  statutory priorities
• PSER 5(2) - end
• ends on the earliest of
• the day on which the employee is appointed or
  deployed to a position in the public service for
  an indeterminate period
• the day on which the employee refuses a
  reasonable job offer in the public service
• the day on which the employee is laid off

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Priority- Reinstatement

• Applies to the following types of priorities
• surplus employees
• employees who have become disabled
• employees who benefit from a relocation of spouse
  or common-law partner priority
• Exceptions
• ministers staff
• Governor General staff
• Canadian Forces and RCMP members who have become
  disabled
• Conditions
• must have been appointed or deployed to a
  lower-level position
• can not be appointed to a position that
  constitutes a promotion

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Priority- ReinstatementEntitlement Period

• 10 (2) PSER- beginning
• on the day of the appointment or deployment to
  the lower level
• 10(2) a) to c) PSER- end
• on the earliest of
• the day that is one year after the day of the
  appointment or deployment
• the day on which the employee is appointed or
  deployed for an indeterminate period to a
  position in the public service that is of a level
  equivalent to or higher than the position the
  employee held immediately before the entitlement
  took effect and
• the day on which the employee declines an
  appointment or deployment referred to in
  paragraph (b) without good and sufficient reason.

25
Priority- Relocation of Spouse or Common-law
partner

• Definition of common-law partner
• In relation to an individual, means a person who
  is cohabiting with the individual in a conjugal
  relationship, having so cohabited for a period of
  at least one year.

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Priority- Relocation of Spouse or Common-law
partner Entitlement period

• 9 (2) PSER- beginning
• on the day on which the period of the leave of
  absence begins
• 9 (2) a) to c) PSER- end
• ends on the earliest of
• the day on which the period of leave of absence
  ends
• the day on which the employee is appointed to a
  position in the public service for an
  indeterminate period, and
• the day on which the employee declines an
  appointment to a position in the public service
  for an indeterminate period without good and
  sufficient reason.

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Priority- Lay-OffEntitlement period

• 11 PSER- beginning
• on the day on which the person is laid off
• 11 a) to c) PSER- end
• on the earliest of
• the day that is one year after the day on which
  the person is laid off,
• the day on which the person is appointed to a
  position in the public service for an
  indeterminate period, and
• the day on which the person declines an
  appointment to a position in the public service
  for an indeterminate period without good and
  sufficient reason.

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Lay-offs

• Application of subsections 21 (1) and (2) of the
  PSER
• Selection of employees for lay-off
• no requirement to establish a reverse order of
  merit since there is no requirement to
  demonstrate who is the most qualified to be
  retained
• Recording reasons
• DH is required to record the reasons for the
  selection of the employees to be retained in
  order to ensure accountability for the decisions
  being taken

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Lay-offs

• Application of subsections 21 (3) and (4) of the
  PSER
• Ship Repair group
• merit and seniority apply in determining
  employees to be laid off in the Ship Repair group
  at DND
• bargaining agents shall be consulted
• Employee volunteers
• employees who volunteer to be laid off will be
  considered before merit and seniority

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Lay-offs

• Application of subsections 21(5) and (6) of the
  PSER
• Information
• deputy head informs, in writing
• (a) the Commission of the names of the employees
  who are to be laid off
• (b) any employee who is advised that their
  services are no longer required, of the proposed
  lay-off date
• Specified period
• does not apply to an employee who is appointed
  for a specified period

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Priority- Employee who becomes disabledEntitlemen
t period

• 7(2) PSER- beginning
• begins on the day on which a competent authority
  certifies that the employee is ready to return to
  work, if that day is within five years after the
  day on which they became disabled
• 7(2) a) to c) PSER- end
• ends on the earliest of(a) the day that is two
  years after the day of certification,(b) the day
  on which the employee is appointed or deployed to
  a position in the public service for an
  indeterminate period, and(c) the day on which
  the employee declines an appointment or
  deployment to a position in the public service
  for an indeterminate period without good and
  sufficient reason.

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Priority- Employee who becomes disabled

• Employee entitled to a priority due to becoming
  disabled and decides to take a medical retirement
• remains eligible for priority consideration after
  he or she leaves the public service, until the
  end of the priority entitlement period mentioned
  in subsection 7 (2) of the PSER,
• entitled to priority consideration even though he
  or she is no longer an employee
• Once an employee is certified ready to return to
  work by a competent authority
• entitled to a two-ear priority for appointment
  and
• may also be entitled to a reinstatement priority
  if he or she accepts a lower- level position as a
  result of the disability.

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Priority- Employee who becomes disabled

• Condition
• An employee is considered to be disabled if he
  or she qualifies for disability compensation
  under
• the Canada Pension Plan
• An Act Respecting the Québec Pension Plan,
  R.S.Q., c. R-9, as amended from time to time
• the Public Service Superannuation Act
• the Government Employees Compensation Act or
• a public service group disability insurance plan.

34
Priority- Canadian Forces and RCMP

• Application
• applies to all persons medically released or
  discharged
• must be certified by a competent medical
  authority as fit to return to work within five
  years of the date of release or discharge

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Priority - Canadian Forces and RCMPEntitlement
period

• 8 (2) PSER- beginning
• on the day on which a competent authority
  certifies that the person is ready to return to
  work, if that day is within five years after the
  day on which they were medically released or
  discharged
• 8 (2) a) to c) PSER- end
• on the earliest of
• the day that is two years after the day of
  certification
• the day on which the person is appointed to a
  position in the public service for an
  indeterminate period and
• the day on which the person declines an
  appointment to a position in the public service
  for an indeterminate period without good and
  sufficient reason.

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Priority Office of the Governor Generals
Secretary

• PSER section 6
• Definition of excluded position - 11 positions
  excluded from the operation of the Act under the
  Office of the Governor General's Secretary
  Exclusion Approval Order and identified by
  position numbers

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Priority Office of the Governor Generals
Secretary Duration of entitlement

• Similar treatment to Ministers staff, certain
  conditions apply
• PSER 6(2) - beginning
• begins on the day on which an eligible person
  ceases to be employed in an excluded position
• PSER 6(2)(a) to (c) - end
• ends on the earliest of
• the day that is one year after the person ceases
  to be employed in the excluded position
• the day on which the person is appointed to a
  position in the public service for an
  indeterminate period
• the day on which the person declines an
  appointment to a position in the public service
  for an indeterminate period without good and
  sufficient reason.

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EXERCISE ON PRIORITIES
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one year to unlimited (if given reasonable job
offer)
Entitlement begins on the date on which the
person ceases to occupy an excluded position and
meets one of the conditions for eligibility
40
Now have five years (instead of two) in which to
be declared fit to return to work
41
Expanded to all CF/RCMP members who are medically
released or discharged from service Now have
five years (instead of two) in which to be
declared fit to return to work
42
Leave must be approved. Must have co-habited
with common-law partner for one year. Cannot
relocate to get married and gain priority
43

• reduced from three years to one
• now applies to leave of absence and relocation of
  spouse as well

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Acting Appointments- Definitions

• Acting appointment
• temporary performance of the duties of another
  position by an employee, if the performance of
  those duties would have constituted a promotion
  had he or she been appointed to the position
• Bilingual position
• a position identified by the deputy head as one
  for which the work to be performed requires
  proficiency in both official languages
• Cumulative
• the overall total over a period of time

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Acting AppointmentsExcluded from priorities and
notification

• Excluded from the application of section 40,
  subsections 41(1) to (4) of the Act
• exempt from consideration of legal and regulatory
  priorities
• Excluded from the application of section 48 of
  the Act
• exempt from the notification scheme

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Acting Appointments Notice

• Application of section 13 of the PSER
• at the time that the following acting
  appointments are made or proposed, from an
  internal appointment process, you must
• inform, in writing, the persons in the area of
  recourse, of the name of the person who is
  proposed to be, or has been, appointed and of
  their right and grounds to make a complaint
• E-mail, poster, letter, something that can be
  retained for records
• applies to
• an acting appointment of four months or more
• an acting appointment that extends the person's
  cumulative period in the acting appointment to
  four months or more.

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Acting AppointmentsRotational Position

• Application of section 17 of the PSER
• Acting appointments to a position in a rotational
  system are excluded from
• merit
• statutory and regulatory priorities
• notification
• recourse to the Public Service Staffing Tribunal
• Only applies to rotational positions in
• Department of Citizenship and Immigration,
• Department of Foreign Affairs and International
  Trade,
• Canada Border Services Agency

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Question period
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Summary

• Priority appointment
• right
• job security
• rapid appointment process
• competent individuals
• Acting appointment
• elements relating to language proficiency
  qualification included in PSER
• Staffing values
• adressed in the PSEA preamble

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Next Steps

• Presentation will be available on the Web site
• Presentation from one-day training session on
  priorities will be posted on Web site
• Documents pertaining to various subjects will be
  developed as part of the Guidance Series
• Frequently asked questions on the PSER are being
  developed
• Consult your Staffing Consultant, Strategic
  Staffing at the PSC
• PSER- Gazette
• http//canadagazette.gc.ca/partII/2005/20051116/h
  tml/sor334-e.html