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Letter from the President to Deputy Heads on the new PSOLEAO and PSOLAR (06-02)

2006-01-25

LETTER TO HEADS OF HUMAN RESOURCES

The new Public Service Official Languages Exclusion Approval Order and the new Public Service Official Languages Appointment Regulations

January 19, 2006

To deputy heads

I am pleased to inform you that the new Public Service Official Languages Exclusion Approval Order (PSOLEAO) and the new Public Service Official Languages Appointment Regulations (PSOLAR) were published in Part II of the Canada Gazette on December 14, 2005. These new instruments came into force at the same time as the new Public Service Employment Act (PSEA), on December 31, 2005.

The provisions of the new PSOLEAO and PSOLAR reflect the spirit and intent of the new PSEA, specifically:

• that Canada continues to benefit from a public service whose members are able to serve the public in the official language of their choice;
• that the Government of Canada is committed to a public service that embodies linguistic duality; and
• that official language proficiency is an essential qualification in the application of merit.

These instruments are intended to provide an appropriate balance between ensuring that persons appointed meet the official language proficiency requirements of bilingual positions, and fostering the access of unilingual Canadians to bilingual positions in the federal public service.

The new PSOLEAO describes the three circumstances where, in the case of a non-imperative appointment, a unilingual person is excluded from the application of merit with respect to proficiency in both official languages. The new PSOLAR set out the provisions applying to persons who are excluded from merit with respect to proficiency in both official languages. They also specify the deputy head’s responsibilities and obligations when appointing a person who enters into an agreement to become bilingual, namely:

• to ensure that the person is provided with the necessary language training to attain the required level of second official language proficiency within the stipulated two-year period, regardless of the language training provider; and
• to appoint or deploy a person who does not attain the required level of second official language proficiency by the end of the two-year period to a position for which the person meets the essential qualifications, and that is of a similar level and salary as the bilingual position.

All of the exclusions for acting appointments are now included in the new Public Service Employment Regulations.

As part of its oversight function, the Public Service Commission will examine practices followed by departments and agencies in applying the terms and conditions of the Order and of the Regulations, and will report the findings in its annual report to Parliament.

You will find enclosed, for your reference, the highlights of the new PSOLEAO and PSOLAR. I encourage you to discuss the impact of these new instruments on your operations and your appointment activities with the human resources and official languages specialists in your organization. They have had the opportunity to be briefed on the provisions of the new Order and the new Regulations.

Yours sincerely,

[ORIGINAL SIGNED BY]

Maria Barrados, PhD

Enclosures

c.c. Heads of Human Resources
Chiefs of Staffing
Persons responsible for official languages