Chapter 4 - Area of Selection

• 4.1 Sources of Information
• 4.2 Policy Statements
• |4.3 Values-Based Approach
• 4.4 Application
• 4.5 Guiding Principles
• 4.6 Use of Criteria
• 4.7 Sliding Areas of Selection
• 4.8 Employment Equity
• 4.9 Lifeline Provisions
• 4.10 Canadian Citizens Residing Abroad
• 4.11 Issues, Considerations and Questions: A Checklist
• 4.12 Glossary
• Annex A

Chapter 4 Relevant FAQ's

Chapter 4 Relevant Staffing Module

4.1 Sources of Information

4.1.1 Legislation

• Public Service Employment Act: Section 13, 16, 17 and 19
• Public Service Employment Regulations, 2000: Subsection 4(2)
• Employment Equity Act
• Canadian Charter of Rights and Freedoms, Section 6

4.1.2 Other References

• The Agreement on Internal Trade
• Social Union Framework Agreement (SUFA)

4.2 Policy Statements

The area of selection is established in the context of a values framework that guides the application of merit. This means that areas of selection are established in a way that demonstrates an appropriate balance among the process values (fairness, equity and transparency) and the management and service delivery principles (affordability/efficiency and flexibility), in order to result in the selection of a competent, non-partisan and representative workforce.

The area of selection is established in the context of the legislative framework that governs all staffing. This includes the PSEA, the provisions related to representativeness pursuant to the Employment Equity Act and the mobility provisions of the Canadian Charter of Rights and Freedoms.

The area of selection is also established in the context of principles stipulated in delegation and accountability agreements, such as the importance of seeking the participation of employee representatives in the development and revision of staffing practices and of considering and balancing departments' business needs, the human resources management objectives of the Public Service and to the extent possible, the career aspirations of employees. These principles also include the need to identify an area of selection that is sufficiently broad to include a reasonable number of potential candidates in order to ensure a meritorious selection.

4.3 Values-Based Approach

The objective of the policy framework is to establish broad parameters on area of selection that reflect the current values-based delegation and accountability framework. These are intended to be sufficiently flexible so that Deputy Heads can exercise their discretion in a manner that will help them efficiently and effectively achieve their corporate and business objectives, as well as consider the needs and career aspirations of employees.

4.4 Application

The flexibility inherent in section 13 of the Public Service Employment Act (PSEA), which applies to external and internal selection processes, can be used to determine how the geographic, occupational and organization criteria that prospective candidates must meet to be eligible for appointment can be applied in a given situation. The policy framework on area of selection applies to all occupational groups and levels; it applies both to appointments resulting from competitions and those that result from non-competitive processes. Within a competitive process, the establishment of an area of selection will determine who is eligible to apply, while in the case of a non-competitive appointment, the area of selection will determine who has the right to appeal. Departments determine the area of selection for those staffing processes for which they have been delegated authority by the Commission.

4.5 Guiding Principles

The determination of the area of selection is based on many considerations. It may involve the consideration of potentially conflicting interests such as the need to provide internal career opportunities versus the desire for renewal. It may also involve balancing the desire for mobility within the Public Service and the need for an exchange of ideas and knowledge with other organizations. Demographics, succession planning, the career aspirations of employees, operational requirements and new and evolving program initiatives are also examples of factors that may also influence the decision-making process.

The need to identify a sufficient pool of potentially qualified candidates so as to ensure a meritorious selection may involve the consideration of various factors. For example, a shortage area may call for a more targeted or restricted area of selection, or the nature of the work might make it necessary to consider broader natural labour affiliations (e.g., specialized communities). In the case of an appointment without competition, appeal rights are an important factor to consider: the identification of the individuals most affected by the appointment would help in determining the area of selection.

Achieving better representation is an important objective of the Public Service that will also help departments meet their business needs, and area of selection is an important tool in achieving this objective. Expansion of one or more of the criteria of the area of selection is encouraged whenever there is a need or desire to attract more employment equity group members to the pool of candidates.

The best interests of the Public Service involve striving for a balance between ensuring that talent within the Public Service is nurtured and retained and taking the necessary measures to recruit talent from outside, to ensure the readiness of the Public Service to meet present and future demands. Efforts in achieving this balance may sometimes involve seeking opportunities for cross-jurisdictional mobility in accordance with the values and principles inherent in the PSEA.

Providing opportunities for mobility within the Public Service to sustain a talented, representative and motivated workforce is a shared corporate responsibility. This may require the consideration of factors such as the availability, aspirations and qualifications of candidates in other organizations (e.g., small departments with similar labour pools, or organizations with a natural affiliation, if potential candidates meet the work requirements).

4.6 Use of Criteria

The organizational criterion refers to the organization (or part of the organization) in which candidates must be employed, or in the case of students, the educational institution that they are attending.

The occupational criterion refers to an occupational stream that may span several occupations (such as health care services, social sciences, etc.) or may be more specific and refer to a particular occupation (such as registered nurses, aeronautical engineers, lawyers, etc.) or occupational group (EX, PE, etc.).

The geographic criterion refers to where candidates must reside, or reside or be employed, to be eligible for appointment (in the case of students, it may be the location of their permanent residence or the educational institution they attend).

4.6.1 Use of the Organizational Criterion

The organizational criterion refers to the organization(s) or part(s) of organizations in which persons must be employed in order to be eligible for appointment. When used, the organizational criterion must accurately describe a structure that can be recognized as an organizational entity.

Definitions

Employee: As defined in subsection 2.(1) of the Public Service Employment Act (PSEA), the term "employee" means a person employed in that part of the Public Service to which the Commission has the exclusive right and authority to appoint persons. (As illustrated in Diagram 1) Note: Although a separate employer with its own appointing authority, the CCRA's legislation stipulates that staff from the agency must be treated as if they are 'employees' as defined above, for appointments, deployments and closed competitions.

Persons employed in the Public Service: This expression refers to individuals who are, or are deemed to be, employed in the Public Service. (As illustrated in Diagram 2). Reference all Lists which include organizations designated by GIC for purpose of competitions and organizations deemed to be part of the PS for certain purposes pursuant to legislation.

Public Service: For staffing purposes, the term Public Service has the same meaning as in the Public Service Staff Relations Act (PSSRA), that is "the several positions in or under any department or other portion of the public service of Canada specified in Schedule 1." (As illustrated in Diagram 3)

A) As defined above, the Public Service includes positions in the organizations specified in Schedule 1 (Parts I & II) of the PSSRA:

Part I: As illustrated in Diagram 4

The organizations listed in Part I of Schedule 1 are those for which the Treasury Board is the Employer. They are subject to the appointing authority of the Public Service Commission, pursuant to the PSEA. In addition to being 'persons employed in the Public Service', staff from these organizations meet the definition of 'employee' above. (Link to List A)

Part II: Diagram 5

The organizations listed in Part II of Schedule 1 are Separate Employers. Some are subject to the PSC's appointing authority (Link to List A) and as a result, their staff members also meet the definition of 'employee' above. The others have their own appointing authority and therefore, their staff members do not meet the definition of 'employee' above (Link to List B-1). They are, however, 'persons employed in the Public Service' and can be appointed with or without competition from within the Public Service.

B) For the purpose of competitions, the employees of organizations designated by the Governor in Council are deemed to be 'persons employed in the Public Service' (Link to List B-2)

C) Several organizations are deemed to be part of the Public Service ('persons employed in the Public Service') pursuant to their enabling legislation , for the purpose of having their employees eligible for appointment with or without competition pursuant to the PSEA 37(2) (Link to List B-3).

In the case of a selection process conducted within the Public Service (internal process), an area of selection can target one or several organizations or part(s) of organizations within the Public Service (Lists A or B), regardless of whether or not appointments in those organizations are made by the PSC in accordance with the PSEA, based on an assessment of where potential candidates may be found. When Public Service organizational entities are combined in a single area of selection, they do not necessarily have to be of comparable size or be in the same organization, or from only one List. Various factors, such as the candidate qualifications being sought, or the existence of reciprocal agreements with other organizations, will help determine which organizations to include. Note: The person being appointed must be within the area of selection, no matter what type of appointment is being made, or whether the person is from an organization on List A or B.

If the organizational criterion specifies "employees" of a particular organization, an employee whose substantive position is within the specified organization (as a result of an appointment or deployment) would be included, even if that person is temporarily assigned elsewhere, whereas secondees or individuals working there through an Interchange Canada assignment from another organization, would be excluded.

If the organizational criterion is open to "persons employed" in a particular organizational entity, it would include those who are employees of that entity within the meaning of the Public Service Employment Act (PSEA), other persons who have been appointed through legal means other than the PSEA to the entity (e.g. persons appointed by the Governor-in-Council), and persons who are in the organization as the result of an assignment or a secondment. It is important to note that, in the case of a secondment, eligibility would be determined based on the individual's substantive employment situation. If a person has been seconded from an organization that is part of the Public Service, that person would be eligible. However, if the person is on an Interchange assignment from an organization outside the Public Service (e.g., from a municipal government), then that person is employed by the municipal government, and is not eligible for appointment in internal processes.

While terms such as "employee" and "person employed" have legal meanings, the distinction between them may not be understood by prospective candidates. For this reason, when it is intended to restrict the area of selection to "employees" of a particular Public Service organization, it may be preferable to specify that eligibility is limited to persons whose substantive position is within that organization (as a result of a deployment or appointment).

For information related to the eligibility of Ministers' staff, casual employees, part-time workers, Governor in Council (GIC) appointees, employees on assignment or secondment, members of the RCMP and the Canadian Forces, employment equity group members and Interchange Canada participants, refer to the PSEA site.

The organizational criterion can be applied to external staffing activities also. There may be situations where it would make good business sense to use the organizational component to open competitions to employees of other levels of government, not-for-profit organizations, professional associations, or private sector organizations, to name a few. Departments that do not have the delegated authority to conduct external recruitment should work closely with the PSC to identify an area of selection that would target the best applicant pool to meet their needs.

Examples Illustrating the Use of the Organizational Criterion

Internal selection processes
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/4_e.htm#1)

External selection processes
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/4_e.htm#2)

4.6.2 Use of the Occupational Criterion

The occupational criterion can be used to:

1. describe one or more occupational groups in which candidates must be employed (this may be viewed as an arbitrary method to define or reduce an area of selection - in competitions, candidates should normally be eligible to compete on the basis of their qualifications);
2. describe an occupational program (such as an apprenticeship or professional training program) in which candidates must be employed; and/or
3. describe an occupational stream that may span several occupational groups and levels (such as administrative services, health care services, social sciences, functional communities such as Science and Technology, etc.) or may be found within a particular (usually broad) occupational group in which candidates must be employed (such as security officers, pay and benefits, staff relations officers, etc.).

If no occupational criterion is established, this would mean that all persons who meet the organizational and geographic criteria would be eligible, based on the area of selection.

The occupational criterion can be applied to external staffing activities also. There may be situations where it would make sense to use the occupational criterion to limit the selection to an occupational stream that spans several occupations or one specific occupation. As mentioned previously, departments that do not have the delegated authority to conduct external recruitment should work closely with the PSC to identify an area of selection that would target the best applicant pool to meet their needs.

Examples Illustrating the Use of the Occupational Criterion

Internal selection processes
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/4_e.htm#3)

External selection processes
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/4_e.htm#4)

4.6.3 Use of the Geographic Criterion

The geographic criterion must accurately describe a geographic zone that prospective candidates can understand. A geographic zone can be of any size and an area of selection may include more that one geographic zone, which do not necessarily have to be of comparable size or adjacent. If no geographic criterion is established, this would mean that individuals who meet all of the other criteria would be eligible, no matter where they live or work.

A) Area of Selection and The Canadian Charter of Rights and Freedoms (Charter), the Agreement on Internal Trade (AIT) and the Social Union Framework Agreement (SUFA)

Areas of selection for competitions must not have the effect of discriminating among persons primarily on the basis of past or present province or territory of residence. Such an effect would not conform with the intent of the Charter. Section 6 of the Charter provides that citizens and permanent residents have the right to move to and take up residence in any province and to pursue the gaining of a livelihood in any province. The mobility provisions apply to all staffing processes (open and closed competitions, as well as other processes).

The AIT is a federal-provincial agreement that was developed to reduce or eliminate, to the extent possible, barriers to the free movement of http://strategis.ic.gc.ca/epic/internet/inait-aci.nsf/vwGeneratedInterE/Home, goods, services and investments within Canada. The mobility provisions of the AIT apply to the Public Service's external recruitment practices. With respect to geographic restrictions, the AIT's purpose was to remove interprovincial barriers to workforce mobility. This means that if an area of selection is compatible with the Charter, it will also be in keeping with the AIT.

The SUFA, signed on February 4, 1999, is an agreement between the Government of Canada and the Governments of the Provinces and Territories. The agreement is about governments working better together, and with Canadians, to strengthen our health care system, eliminate barriers to mobility for Canadians, involve Canadians in the development of social programs and strengthen partnerships among governments. The obligations of the Public Service under the SUFA are the same as under the AIT.

Considerations

The use of geographic limitations in areas of selection has a direct impact on the size of the pool of candidates and the ensuing number of applications, which in turn impact on the overall costs and the amount of time invested in the selection process. As long as the geographic limitations do not discriminate on the basis of past or present province of residence, it is highly unlikely that there would be an infringement to the mobility rights set out in section 6 of the Charter. Consequently, areas of selection should not be set along provincial or territorial boundaries.

Basic Principles
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/4_e.htm#5)

Examples
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/4_e.htm#6)

B) Area of Selection and Persons Employed Outside Canada (internal processes)

Several departments have employees who are posted abroad, and some areas of selection may be confusing to potential candidates who are temporarily located outside Canada, in terms of their eligibility. Departments that advertise closed competitions nationally may or may not wish to attract candidates who are outside the country, therefore it is important that the language used in the area of selection be clearly understood by all.

Examples
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/4_e.htm#7)

C) Area of Selection and Residence

Eligibility To Compete In Open Competitions

When recruiting from outside the Public Service, the geographic criterion refers to where candidates must reside; or reside or be employed. With the advent of the Internet as an advertising medium, individuals have access to all job notices posted regardless of whether they are in the stated area of selection or not. As a result, there are increasing numbers of applications from candidates who are not employed or residing in the area of selection. Some of those applicants can be considered to be in the area of selection by virtue of a permanent residence. However, it is not always straightforward to make that determination.

Legal Considerations and Definitions
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/5_e.htm#1)

Roles, Responsibilities and/or Authorities
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/5_e.htm#2)

Examples
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/5_e.htm#3)

D) Area of Selection and Telework

It is important to accurately determine the workplace of candidates who telework, in order to decide whether or not they are eligible to compete. Teleworkers must not be penalized or receive any undue advantages; they must be treated in the same way as all other applicants.

Definitions
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/6_e.htm#1)

Roles, Responsibilities and/or Authorities
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/6_e.htm#2)

Examples
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/6_e.htm#3)

4.7 Sliding Areas of Selection

When it is uncertain where the pool of potential candidates is, an area of selection may be established with an indication that a larger area of selection may be used if insufficient candidates from the smaller area apply.

Examples
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/4_e.htm#8)

4.8 Employment Equity

Achieving better representation is a major corporate objective that will also help departments achieve their business needs. Subsection 13(2) of the PSEA is an important provision that can be used to facilitate the achievement of employment equity goals, by ensuring that a sufficient pool of applicants are members of designated groups. Whenever there is a need or desire to attract more employment equity group members to the pool of candidates, managers are encouraged, pursuant to subsection 13(2) of the PSEA, to expand one or more elements (geographic, organizational and occupational) of the area of selection for one or more of the employment equity groups. This allows designated group members to be included in greater numbers in competitions by allowing them to enter competitions that they would not otherwise be eligible for, since they would not be within the established, or regular, area of selection.

The authority to use 13(2) was delegated to departments in April 1998 and departments may use it whenever they conduct internal competitions. With respect to external staffing activities, departments that have external recruitment authority can make use of this provision, while those that do not have this authority can request its use from the PSC whenever they staff positions through open competitions.

It should be noted that this tool was designed to permit the identification of potentially greater numbers of designated group members but does not provide them with a preference in appointment. Once all of the eligible candidates have been identified, they are assessed and ranked in order of merit for appointment purposes.

Subsection 13(2) does not allow an area of selection to be restricted exclusively to the members of one or more of the employment equity groups because it must be applied when determining the general area of selection under subsection 13(1). A restriction of a competition to designated group members would only be permissible if there were an exclusion from the operation of section 13. Such an exclusion exists for employment equity programs that the Commission has agreed to implement at the request of a department or the Treasury Board. Such programs exist in a number of departments, such as the Department of Indian and Northern Affairs and Health Canada. Another example is the PSC Employment Equity Program For Ad Hoc Appointments, through which the PSC recruits employment equity group members for referral to departments.

Examples
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/4_e.htm#9)

4.9 Lifeline Provisions

Lifeline provisions were implemented to provide job opportunities to employees who agreed to relocate with their organization from the National Capital Region to another location in Canada, but who might wish to return to their original work location.

Veterans Affairs Canada and the National Energy Board (NEB) are organizations that have lifeline provisions, whereby employees in their national headquarters offices (i.e., Charlottetown and Calgary respectively) are included in interdepartmental competitions open to the NCR. Their departments will pay for their expenses to attend a selection process and, should they accept an offer as a result of the competition, will pay for their relocation. It should be noted that, in the case of NEB, the lifeline provisions apply only to employees who were employed in that organization prior to July 1, 1996.

4.10 Canadian Citizens Residing Abroad - Recruitment from outside

Mechanisms have been put into place to open competitions to Canadian citizens residing abroad, without having an "international" area of selection. Including these prospective candidates is, however, restricted to open selection processes that have a "national" area of selection. It should be noted clearly on the competition poster that costs of travel to interviews and relocation are the applicants' responsibility. As well, the notice should state that if a sufficient number of qualified Canadian citizens apply, selection may be confined to those candidates only.

Applicable Legislation
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/7_e.htm#1)

Background
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/7_e.htm#2)

Operational Policy
(http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_04/7_e.htm#3)

4.11 Issues, Considerations and Questions: A Checklist

The area of selection, for any selection process, will determine whether or not the organization will be able to attract competent and qualified personnel. The relative importance of the numerous factors to be considered will vary depending on the situation, the type of selection process undertaken, the time and financial constraints, and the circumstances which apply at the time the staffing process takes place. The checklist, while not exhaustive, presents many issues, considerations and questions that may help in the decision making process in determining an appropriate area of selection.

4.12 Glossary

Local office - means an office established to serve an area comprising a part but not the whole of Canada. Local office means the office of the department staffing the position, not the PSC office advertising the position. 

Permanent residence - generally, the place that has always been, or has been adopted as, a person's place of habitation or home, and to which he/she intends to return when he/she is away from it.

Annex A

Lists A and B

List A

Element: Public Service, as identified in Schedule 1 of the Public Service Staff Relations Act (PSSRA). Persons on this list are, or are considered to be, "employees" for purposes of the PSEA.

Appointments: By the PSC, and by delegation from the PSC, in accordance with the Public Service Employment Act (PSEA)

Employer: Treasury Board (unmarked)

OR

Separate (marked by *)

List B

Element: Refer to Sub-Lists B-1, B-2, and B-3

Appointments: By the individual organization (i.e. not by the PSC in accordance with the PSEA)

Employer: Separate

Sub-List B-1

Element: Public Service, as identified in Part II of Schedule 1 of the PSSRA. Individuals employed by these organizations are employed in the Public Service for staffing purposes.

Sub-List B-2

Element: "public service" designated to be part of the "Public Service" pursuant to s.s. 37(2) of the PSEA. Individuals employed by these organizations are considered to be employed in the Public Service for purposes of being eligible to enter closed competitions.

Sub-List B-3

Element: "public service" designated to be part of the "Public Service" pursuant to enabling legislation. Individuals employed by these organizations are considered to be employed in the Public Service for the purpose of being eligible for appointment with or without competition pursuant to the PSEA.

* applies only to persons who were employed in the Public Service or were employees within the meaning of the PSEA immediately prior to being employed in the corporation.