April 1, 2004
Bilingual positions are staffed imperatively. In exceptional cases, as specified in this directive, non‑imperative
staffing may be considered. The Public Service
Official Languages Exclusion Approval Order (the Exclusion Order) establishes the conditions for non‑imperative
staffing of positions designated as bilingual.
This directive applies to all institutions subject to the Public
Service Employment Act.
Institutions subject to the Official Languages Act
(OLA), except for the Senate, the House of Commons, the Library of Parliament, the Office of the Senate Ethics Officer and the
Office of the Ethics Commissioner, must refer to the Policy
on Official Languages for Human Resources Management.
Deputy heads are accountable for implementing this directive in their institutions.
General principle
Bilingual positions are staffed imperatively.
Obligations concerning members of the Executive Group
Bilingual proficiency at the "CBC" level or higher is necessary if executives are to carry out their duties and
fulfil their obligation to create a work environment that is conducive to the effective use of both official languages in
regions
designated as bilingual for language-of-work purposes.
To this end, imperative staffing is required as follows:
- throughout Canada, for all positions or functions at the assistant deputy
minister level, and other assistant deputy head
titles;
- in regions designated as bilingual for language-of-work purposes, for all
other positions or functions at EX 05 to EX 02 levels;
- in unilingual regions, for all positions or functions at levels EX-05 to
EX‑02 that include supervision of employees who are located in a bilingual region and occupy bilingual positions or
positions with varying language requirements.
Implementation of imperative staffing will follow the timetable below:
- for EX 03 level, April 1, 2005
- for EX 02 level, April 1, 2007
This obligation does not apply to positions that are open to the public. Such positions may be staffed either imperatively or
non-imperatively.
Obligations concerning other positions
In order to fulfil the obligations of institutions regarding service to the public and language of work, imperative staffing
is required:
This obligation does not apply to indeterminate positions that are open to the public. Such positions may be staffed either
imperatively or non-imperatively.
Use of non-imperative staffing
As an exception, managers may use non-imperative staffing to fill positions that are not covered by the obligation to use
imperative staffing. The institution will then provide language training, in order to allow the incumbent to meet the language
requirements of the position, as set out in the Directive
on Language Training and Learning Retention.
When non-imperative staffing is proposed, managers must provide a justification in writing and be able to
show that the bilingual functions of a position that has been filled non-imperatively will be carried out while the incumbent is
taking language training and until he or she meets the language requirements of the position. In cases where an incumbent is
exempted from meeting the language requirements of a position, the manager must show that the bilingual functions of the
position are still being performed.
For executive positions, the use of non-imperative staffing must be approved by the deputy head; for other positions, it must
be approved by the assistant deputy minister (other
assistant deputy head titles).
When a position is staffed non-imperatively, whether by appointment or deployment, the candidate makes a written commitment
to:
- acquire the required language skills within the prescribed timeframe;
- in the case of failure to meet the language requirements, agree to be
appointed or deployed to another position for which he or she is qualified and meets the language requirements within two
months of the end of the exclusion period.
The conditions for non-imperative appointments are established in the Public
Service Official Languages Exclusion Approval Order in effect at the time of the appointment. These rules apply, with
the necessary changes, to deployments.
When an employee or executive is appointed or deployed on a non-imperative basis, the language requirements of the position
must be met within the prescribed time limit even if, within that period of time, he or she is deployed on a
non-imperative basis to another bilingual position.
In the case of appointments, unless that authority is delegated to deputy heads, the Public Service Commission (PSC) approves
any extensions to the exclusion period to accommodate persons with disabilities or learning disabilities or for other reasons
recognized by the PSC. In the case of deployments, the deputy head exercises that authority.
Other obligations
Employees or executives must also meet the language requirements of their positions within the time limit prescribed by the
Exclusion Order following an increase in the language requirements of the position or identification of the position as
bilingual. The obligations related to incumbents are set out in the Directive
on language training and learning retention.
The Public Service Human Resources Management Agency of Canada (PSHRMAC) is responsible for determining the method for
assessing performance and monitoring implementation of this directive in institutions.
Each institution is responsible for keeping its records and information systems up to date and assessing results in order
to report on them to PSHRMAC on request. At a minimum, the institution uses the following indicators to assess its situation:
- number of positions staffed on an imperative and on a non-imperative basis:
- appointments
- executives
- other positions
- deployments
- executives
- other positions;
- percentage of employees who meet the language requirements of their positions;
- time elapsed between the appointment and the start of language training,
when a candidate is appointed to a position on a non-imperative basis;
- effectiveness of administrative measures taken to ensure that the
bilingual functions of a position are being carried out if the incumbent is not bilingual.
When assessment of the results reveals that the directive has not been respected, the institution reports the situation to
PSHRMAC and takes appropriate corrective action.
In the case of appointments, the PSC is responsible for monitoring the use made of the Exclusion Order in institutions to
which it applies. In the case of non-imperative deployments, the PSHRMAC is responsible for monitoring compliance.
For more information, please contact the person
responsible for official languages in your institution.
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