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What is the new Public Service Employment
Act?
Under the umbrella of the Public Service Modernization
Act, the Public Service Employment Act (PSEA) has been
rewritten to make the staffing system more flexible and
responsive to the needs of individual organizations within
government.
The PSEA provides a new accountability framework that shifts
much of the decision making for hiring, promoting and deploying
personnel from central authorities to departments and agencies.
It also clarifies the expanded role that deputy heads and
managers will assume for managing human resources. The PSEA makes it easier for managers to hire the
right people for the right jobs while still respecting the need
for fairness, transparency and access.
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When did the Public Service Employment Act come
into force?
The Public Service Employment Act came into force on December 31, 2005.
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Who is impacted by the Public Service Employment
Act?
The Public Service Employment Act affects deputy
heads, managers, HR professionals and employees as it impacts the
way people are hired, promoted and fired.
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How does the PSEA improve the staffing process?
The Public Service Employment Act eliminates
prescriptive rules and processes, thereby creating the
opportunity for simpler and more efficient appointment
processes.
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How does the new Public Service Employment Act
differ from the old one?
The Public Service Employment Act has been rewritten to
replace many of the former staffing rules with more flexible
guidance. The Act provides managers with greater latitude
to use judgment in making staffing decisions, however, it also
demands greater accountability.
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What changes are a result of the Public Service
Employment Act?
The new Public Service Employment Act (PSEA) modernizes staffing in the public service. The PSEA
enables
the public service to:
- clarify responsibilities and eliminate inefficiencies in the
system, while retaining the core values of merit,
non-partisanship, excellence, representativeness, and the ability
to serve the public with integrity in their official language of
choice;
- redefine the idea of merit to move away from the rules-based
concept of "best-qualified" to a values-based approach that
allows managers to hire qualified and competent individuals more
quickly; and
- create new mechanisms for staffing recourse, including the
replacement of appeal boards by the new Public Service Staffing
Tribunal.
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How is merit different under the new Public Service
Employment Act?
For the first time “merit” is defined in
legislation. The new Public Service Employment Act
provides a clear statement of how merit is achieved in an
appointment process –
An appointment is made on the basis of merit when the Public
Service Commission (PSC) or the delegated manager is satisfied
that the person to be appointed meets the essential
qualifications of the work to be performed. The PSC or the
delegated manager must also take into account:
- any additional qualifications that the deputy head may
consider to be an asset for the work to be performed, or
for the organization currently or in the future;
- any current or future operational requirements of the
organization that may be identified by the deputy head; and
- any current or future needs of the organization or the
public service.
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Why is there an increased emphasis on human resources
planning?
Human resources planning is a process that identifies current
and future human resources needs for an organization to achieve
its goals. By improving human resources planning, organizations
will be able to fill vacancies or skill shortages more quickly
and efficiently and continue operations with little or no
disruption in the workplace.
For more information on human resources planning, please
consult the Integrated HR and Business Planning Tool Kit
at: http://www.hrma-agrh.gc.ca/hr-rh/hrp-prh/toolkit/tc-tm_e.asp
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Who is responsible for implementing the Public Service
Employment Act?
The Public Service Human Resources Management Agency of Canada
was created to lead the implementation of the Public Service
Modernization Act (PSMA). In that capacity, the Agency is
responsible for overseeing and facilitating the renewal of human
resources management in departments and agencies throughout the
federal government.
The Public Service Employment Act (PSEA) is one element
of the PSMA. The Public Service Commission (PSC) is a key player
in PSEA implementation as the independent agency responsible for
the public service staffing system. The PSC is responsible for
the new Appointment Framework and the new approach to Political
Activities, while the Agency has the lead on Employer Policies
and Qualification Standards.
The PSC and Agency are working together to develop tools and
guidelines and to inform organizations about the changes to
staffing and recruitment and the impact these changes will have
in the workplace.
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How does the Public Service Employment Act change
the staffing process?
The Public Service Employment Act improves the way
staffing is done in the public service. Merit remains at the
core of the staffing process. However complex legislated rules or
procedures that once governed staffing have been streamlined or
eliminated. To balance this greater flexibility for staffing
decisions, managers are subject to new accountabilities. The
aim is to develop a more flexible, open and transparent staffing
process .
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What does the Public Service Employment Act mean for
deputy heads?
In accordance with the Staffing Management Accountability
Framework (SMAF), deputy heads are expected to:
- establish an infrastructure and supporting mechanisms that
are conducive to continuous improvement and to change, and
clearly define the roles and responsibilities of all key
stakeholders;
- ensure staffing decisions made by internal stakeholders are
strategic and aligned to organizational priorities;
- establish appointment systems and policies that respect the
values of transparency, fairness and access and that statutory
and central agency requirements are respected, even where service
providers are used;
- establish in their own organizations communications
strategies that assure transparency, clarity and easy access to
staffing information; and
- establish an active monitoring system, adjust their staffing
systems and report to the Public Service Commission based on
measurable outcomes.
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What does the Public Service Employment Act mean for
managers?
Under the Public Service Employment Act, managers must:
- link human resources planning to business planning;
- establish fair, respectful and transparent staffing
processes;
- account for their staffing decisions; and
- communicate openly with employees regarding their staffing
plans and decisions.
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What does the Public Service Employment Act mean for
Human Resources professionals?
With staffing authority delegated to the lowest level of
management possible, human resources professionals are expected
to:
- build new relationships with line managers;
- provide both strategic and technical advice in areas such as
human resources, planning, informal discussion and staffing
options;
- support managers and bargaining agents in establishing
mechanisms for dialogue and consultation; and
- be an active member of the management team.
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What does the Public Service Employment Act mean for
employees?
Under the new Public Service Employment Act employees
will be affected by changes in the staffing system the following
ways:
- including the filling of new or vacant positions as part of
an overall human resources plan.
- subjecting appointment processes with fewer mandatory
requirements.
- providing managers with more flexible staffing options, such
as a non-advertised process or a pool of pre-qualified
candidates.
- giving employees eliminated from consideration the right to
meet with the delegated manager to discuss his/her decision
informally.
- ensuring staffing plans and decisions are fair and
transparent.
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Does the Public Service Employment Act change
managers' responsibilities regarding staffing?
It is expected that the delegation of appointment authority
will shift to line managers at the lowest level possible. This
means that managers will have greater decision making authority
and clearer accountabilities for their decisions.
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I'm an employee in a term position. How will the Public
Service Employment Act affect me?
Under the Public Service Employment Act (PSEA),
conversion from term to indeterminate positions will be
automatic, according to the period of time established by
Treasury Board policy. Term employment will be also be managed
differently under the PSEA. Extensions of term employment will no
longer be appointments. This change eliminates the need for
subjecting extensions to recourse.
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Does the Public Service Employment Act eliminate
competitions?
No. The Public Service Employment Act allows both
advertised and non-advertised appointment processes, as is the
case today. The Public Service Commission (PSC) has
set policy on the use of non-advertised processes. In setting
this policy the PSC must consult with the bargaining agents.
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Will this new approach to merit allow managers to hire
whomever they want?
No. The legislation provides strong safeguards.
The Public Service Commission (PSC) retains all appointment
authority and the ability to delegate that authority, subject to
terms and conditions. The PSC monitors the use of delegated
authority and may amend or rescind delegation if necessary. The
PSC continues to have full authority to set policies on how
staffing is conducted, in consultation with stakeholders,
including bargaining agents.
A new and independent Public Service Staffing Tribunal has been established to hear complaints of abuse of authority in internal
appointment processes and have the power to order that
appointments be revoked or corrective action be taken.
The PSC is able to investigate external appointment
processes to ensure they were based on merit. The PSC also
retains the power to revoke appointments and take any corrective
action it considers appropriate.
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What are the new grounds for staffing recourse?
The new grounds for staffing recourse ensure that
managers are held accountable for their actions. Formal recourse focuses on how the complainant was treated.
The Public Service Employment Act (PSEA) establishes a
person has the grounds for staffing recourse when:
- that person was not assessed in the official language of
their choice; and/or
- that person was not chosen for appointment because of an
abuse of authority.
The PSEA clearly states that abuse of authority includes bad
faith and personal favouritism.
Also, the new Public Service Staffing Tribunal has a
broader jurisdiction than the current appeal boards. This means
that, unlike today, a person can challenge the use of any of the
following elements:
- the essential qualifications;
- any additional asset qualifications;
- any current or future operational requirements;
- any current or future needs of the organization;
- the decision to choose a non-advertised appointment
process.
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How does the Public Service Employment Act help
managers achieve their employment equity goals?
The Public Service Employment Act contains provisions
that specifically help managers to achieve their employment
equity goals. One provision allows appointment processes to be
opened only to members of designated groups. Another provision
permits establishing an area of selection for all potential
candidates while enlarging the area for designated group members
to increase the number that would be eligible to apply.
The new approach to merit allows current and future needs to
be considered when making appointments. As a result, in cases
where employment equity plans identify increased representation
as a need of the organization, such a consideration can influence
the decisions made when choosing a qualified person for
appointment.
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How does the new Public Service Employment Act
affect employment policy?
Under the new Public Service Employment Act,
responsibility for various aspects of employment has moved from
the Public Service Commission to Treasury Board. At the same
time, new provisions in the Act are changing the way human
resources are managed in government. Both of these events are
causing a ripple effect on employment policy. As a result, the
Employment Policy Group is revising or developing new policies in
four affected policy areas: the definition of promotion,
deployment, rate of pay on appointment and appointment level.
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How has the deployment policy changed under the Public
Service Employment Act?
Under the new Public Service Employment Act, deputy
heads retain the right to deploy people within their direct
authority in keeping with the manner directed by Treasury Board.
However, the current deployment policy is being rescinded and
replaced with a set of guidelines, a template and a list of
questions and answers that deputies can use to tailor their own
deployment policies and procedures. The exception is the
group-specific Treasury Board Deployment Policy for EX’s,
which will remains in force.
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How does the Public Service Employment Act change
the definition of promotion?
The definition of promotion has an impact on many areas of
human resources management. Under the
Public Service Employment Act the responsibility for
defining promotion for staffing purposes move from the
Public Service Commission (PSC) to Treasury Board. Treasury Board consults with
the PSC and other stakeholders in an effort to harmonize the
staffing and compensation definitions.
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How is the rate of pay on appointment policy changing under
the Public Service Employment Act?
Authority for determining rate of pay on appointment to a
position has been transferred to Treasury Board from the Public
Service Commission (PSC). Previously, the PSC refered to sections
of Treasury Board’s Terms and Conditions of Employment
Policy to define rate of pay on appointments. Rather than create
a new policy, Treasury Board continues to follow the same
practice.
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Can public service employees engage in political activities
under the new Public Service Employment Act?
While public service employees are expected to maintain
political impartiality, they do have the right to engage in
political activities. The political activities defined in the
legislation include carrying on any activity in support of or
against a candidate or a political party before or during an
election period, or being a candidate in an election.
The Public Service Commission now has an expanded role in
granting permission or leave to a public service employee who
wishes to seek nomination or run in an election at the municipal
or regional, provincial, territorial or federal level.
Deputy heads are not be allowed to participate in any
political activity other than voting in elections.
