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Public Service Commission Of Canada
Guide To The Ministers' Staffs Priority
(Revised May 5, 2003)
Introduction
The Public Service Employment Act (PSEA) governs appointments
to positions in the Public Service, promoting and protecting values associated
with the principle of appointments based on merit. Among its provisions
are exceptional clauses that provide an entitlement to a priority in appointment
ahead of others for certain classes of persons who meet specific conditions.
In that context, section 39 of the Act provides a priority to certain
members of Ministers' Staffs.
This document provides information about the nature of the Ministers'
Staffs priority. It also explains how the entitlement is administered,
including information about the procedure for seeking a determination
by the Public Service Commission (PSC) of whether an individual is entitled
to a priority in appointment. This information will be of interest to
persons employed in the office of a Minister, persons considering such
employment, and officials in Ministers' and departmental human resource
offices.
Application:
The priority applies to certain staff employed in a Minister's office
for activities related to the conduct of the Minister's portfolio and
other official government business. The expression "Ministers" includes
Secretaries of State. The priority also applies to persons employed in
the office of the Leader of the Opposition in the House of Commons, the
Leader of the Government in the Senate and the Leader of the Opposition
in the Senate [Ref. s. 39(6), PSEA].
The priority does NOT apply to persons hired by Ministers in their capacity
as Members of Parliament for work either in their House of Commons or
constituency offices, nor to employees of Departments and Agencies working
as a part of the Minister's "departmental complement".
Ministers' Staffs are commonly referred to as "exempt" staff. The expression
is taken from the Treasury Board Secretariat's publication "Administrative
Practices: Guidelines for Ministers' Offices". It refers to the fact that
the PSEA provides that "A Minister may appoint his Executive Assistant
and other persons required in his office" and that their appointment is
"exempt" from the Act. Particular funding arrangements are in
place for "exempt staff" positions as distinct from funding for the staff
of a Minister's constituency or House of Commons office. The TBS's Guidelines
include a Classification Standard which outlines the titles, types and
content of positions which commonly form the staff of a Minister's office.
The Entitlement (section 39, PSEA):
Persons with a Ministers' Staffs priority are entitled to be appointed
without competition to any position in the Public Service for which they
are qualified, in priority to all other persons except for surplus employees
of the Public Service being placed within their own department as per
s. 29(1.1) of the Act and except for employees who are entitled to a Leave
of Absence priority under section 30 of the Act. The entitlement is for
one year from the date the person ceases to be employed in the office
of a Minister but ceases on appointment to the Public Service. Priority
appointments are not subject to the appeal provisions of section 21 of
the Act, but recourse is available through the complaint provisions related
to sections 6 and 7.1 of the Act.
Criteria:
To be entitled to the priority the person must have ceased to be employed
in a Minister's office. In addition, persons employed in a Minister's
office are entitled to a priority appointment:
- if they were employees of the Public Service immediately
before becoming employed in the Minister's office [Ref. s. 39(3)(a)].
- "employee" means a person appointed to a position in the Public Service
pursuant to the PSEA, for either an indeterminate period or for a specified
period (ie "term"), but does not refer to persons appointed as "casuals"
under section 21.2 of the PSEA.
- the person's employment in the Minister's office may have been in
any capacity and for any period.
or
- if they qualified for appointment to the Public
Service under the Act while employed in the office of a Minister [Ref.
s. 39(3)(b)]
- "qualified for appointment" means that the person was found qualified
in an open competition pursuant to the PSEA and was placed on an eligibility
list.
- the person's employment in the Minister's office may have been in
any capacity and for any period.
or
- if they had been employed as an Executive Assistant,
Special Assistant or Private Secretary to a Minister, or in any of those
capacities successively, for a continuous period of at least three years
[Ref. s. 39(4)].
- "three years" means three consecutive years.
- "three years" includes time employed in the offices of different
Ministers as long as there was no break in employment.
- there must have been a continuous employment relationship and the
duties must have actually been performed for three years, or more. So,
for example, periods of assignment elsewhere or leaves of absence (including
leave to stand for office or to work on election campaigns) are not
counted toward the three years; however, they do not sever the employment
relationship and do not result in having to start the time count over
again when the leave finishes.
- the terms "executive assistant", "special assistant", and "private
secretary" represent senior positions and NOT support staff; the incumbents
assist the Minister in his or her role as a Minister, not as a parliamentarian;
typically they provide political or communications advice or are the
senior officers responsible for administrative services in a Minister's
office (such as Special Assistant for Operations or Administration);
- these persons need not report directly to the Minister;
- the generic positions mentioned in the Act can also be referred to
under different titles for practical purposes (eg, Chief of Staff, Legislative
Assistant, etc). For a list of alternative titles, see TBS's Classification
Standard for Ministers' officers.
The Priority Period: Start, Duration, End
The entitlement starts on the date the person ceases to be employed in
the office of a Minister and lasts for one year from that date. The entitlement
ceases at the end of the period or when the person is appointed to a position
in the Public Service for either an indeterminate period or for a specified
period (ie, a "term"), whichever occurs first.
The start date and duration are set by the Act and cannot be altered
(for example, to accommodate persons who register late with the PSC for
referral or who obtain employment with another Minister subsequent to
the onset of the entitlement and who might like to "save" the entitlement
period for another time).
A person may "cease to be employed in a Minister's office" for any reason,
including their own resignation. It is not necessary that the Minister
has ceased to hold the title of Minister. Where a Minister has ceased
to be a Minister, and if the person employed in the Minister's office
has not resigned, that person ceases to be employed in the office of the
Minister 30 days after the date that the Minister ceased to be a Minister,
as per s. 39(2) of the PSEA.
Roles Of The Public Service Commission (psc) And Departments
The PSC determines whether applicants meet the criteria for the priority,
on a case by case basis. It also maintains a priority referral system
to help ensure that Ministers' Staffs and other priority persons are considered
for appropriate vacancies by departments. Departments make the final assessments
and appointments as per their delegated staffing authority, except for
positions in the Executive Category (EX).
Appointments to EX positions are made by the Commission itself as suitable
positions become available, following the application of the same assessment
process as applies to all candidates for EX positions. Such appointments
represent a small minority of appointments of persons pursuant to the
Ministers' Staffs priority.
The PSC views section 39 of the PSEA as an exception to the procedures
and principles that are intended by the Act as the means of preserving
the merit principle in employing persons in the Public Service. Therefore,
in order to foster and protect these procedures and principles, and ensure
that the basic intentions of Parliament are carried out, the section is
interpreted restrictively and applied in such a manner as to avoid broadening
the exception in its application to specific situations.
Procedures: Determination Of Priority Entitlement
Requests to the PSC for a determination of entitlement are initiated
by the person concerned or, often, by officials in the Minister's office
on their behalf. In any event, the requests are normally sent to the PSC
by the Head of Human Resources of the department related to the Minister,
or by other senior human resource personnel who provide advice and services
to the office of the Minister. This arrangement enhances administrative
continuity.
A form "Request
Form for Determination of Entitlement - Ministers' Staffs Priority
is appended to this Guide. The Request Form specifies the information
that is required by the PSC.
The applicant signs the request, as does the Minister's Executive Assistant.
However, when the applicant is the Minister's Executive Assistant, we
ask that the Minister sign the request.
The signatories attest that the information submitted is accurate and
complete and that the person's employment meets specified conditions regarding
the nature, type and duration of the person's employment (including job
titles, responsibilities, periods of employment, leaves of absence and
assignments outside a Minister's office). If circumstances make it impractical
to secure the signatures of the Special Assistant or of the Minister,
then attestations from knowledgeable senior departmental Human Resources
personnel are acceptable.
The signed form is sent to the responsible departmental human resource
person for submission to the PSC.
If applicants require a confidential determination by the PSC (without
the involvement of senior staff in the Minister's office), the PSC would
accept attestations by the departmental head of human resources or other
senior departmental human resource staff responsible for servicing a Minister's
office. If signatures are not available, the PSC could provide only a
preliminary determination subject to later certification of the facts
by the appropriate officials.
Requests are sent to:
Director General,
Delegation Directorate
Policy Branch,
Public Service Commission,
Room A1237
300 Laurier Avenue West,
Ottawa, Ontario,
K1A 0M7
The PSC provides its determination in writing to both the requester and
the person concerned. Where the applicant is found to have met the criteria,
the PSC informs that person of the specific procedures for exercising
the entitlement when and if they are ready.
Procedures: Initiating Registration In The Priority System
Persons who have been informed that they are entitled to the Ministers'
Staffs Priority are responsible to contact the appropriate PSC office
to initiate the administration of their entitlement, as per the letter
they receive from the PSC. They should do this as soon as possible after
having ceased to be employed in the office of a Minister. They will be
registered in a national inventory of persons who have a priority for
appointment under the Public Service Employment Act or Regulations.
Interest in executive level positions:
- Most persons will be registered for referral to positions below the
executive level. Individuals who possess qualifications and interests
that might make them suitable for appointment in the Executive Category
are invited to apply for an assessment of readiness for appointment
to positions in that occupational category. The Commission applies the
same assessment tools as are applied to all other candidates for EX
positions. If the candidate is found to be "EX-ready" he or she will
be placed on a waiting list and appointed to positions by the Commission
when and if suitable vacancies arise during the priority period.
- In order to avoid any conflict of interest or appearance of conflict,
the following selection and assessment tools are applied in each case:
- an assessment by the Personnel Psychology Centre of the PSC
- an interview with a board constituted to assess competencies
and work experience
- a structured reference check
- an official languages proficiency test for candidates interested
in positions in bilingual regions.
Procedures: Job Matching - Links To Jobs Being Staffed
When departments wish to staff positions they notify the PSC
For most positions (all but those classified as executive),
the appropriate PSC regional office refers any persons from the priority
inventory who appear to have the qualifications required. The departments
make further assessments and inform the PSC of the results :
If a priority person is found qualified then that person is appointed.
However, if more than one priority person is qualified an appointment
is offered to the most suitable, in the order of priority specified
in the Act and Regulations (that is: first, a departments' own surplus
employees, then returnees from Leave of Absence, then Ministers' Staffs,
and then others). If no priority person is available or qualified, the
position is staffed by other means.
For positions classified in the Executive Category,
the Executive Programs Directorate reviews its inventory of priority persons
who are EX-ready and recommend to the Commission, following consultation
with the department involved, the appointment of any such persons who
appear to be suitable for the position. If accepted, the Commission would
appoint the person.
In addition to participating in the PSC's priority inventory and being
referred, persons with a Ministers' Staffs priority, like all priority
persons, may also apply directly on their own to be considered for any
job they see advertised or are otherwise aware of being staffed. If they
do, they must indicate that they have a priority entitlement. Departmental
managers will verify the entitlement with the PSC. Departments are obligated
to appoint the priority person in advance of others, if they are qualified
to perform the duties, just as they would if the person had been referred
by the PSC.
References:
- Public Service Employment Act, section 39 "Ministers' Staffs" - (available
on the PSC
Web Site)
- Public Service Commission (PSC) document: Staffing
Manual, Chapter 5 "Priorities" (deals with priority entitlements
in general)
- Treasury Board of Canada: "Administrative Practices: Guidelines for
Ministers' Offices" which is available in hard copy (only) in Ministers'
offices or from the Treasury Board Secretariat.
- One may also access the PSC's Staffing Manual from the Human
Resources page of PubliService under the heading of Staffing Reference
Material (only available to federal government subscribers to PubliService).
Questions:
If you have questions, please contact the Priority Administration section
of the Public Service Commission at (613) 992-9620 (Jim Salmond, Manager)
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