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The material on this page applies to staffing actions begun on or after December 31, 2005. For more information on old appointment policies and resources, please visit http://www.psc-cfp.gc.ca/centres/old_psea_e.htm.

List of Delegated Authorities

The following appointment and appointment-related authorities are delegated to all deputy heads. "Deputy Head": and "department" are defined in the new Public Service Employment Act, (PSEA), subsection 2(1).

(amended August 25, 2006 - changes indicated in blue text)

Authorities Related to the Appointment of an Individual

Authorities delegated by the PSC pursuant to subsection 15(1) of the new PSEA Section Limitations and/or Conditions
1. To make appointments based on merit and free of political influence. 30(1), (2), (3), (4)  
2. To make appointments to and within the public service. 29(1) The PSC retains the authority to appoint ministerial staff priorities and priorities from the Office of the Secretary of the Governor General to positions in the Executive Group.

The EX Standard must be applied in appointments to and within the Executive Group.

Educational requirements must be identified for positions in the Executive Group.

The PSC retains the authority to approve the exclusion from meeting official language proficiency requirements on medical grounds.
3. To appoint a person as a casual worker. 50(1)  

Authorities Related to Persons with a Priority for Appointment

Authorities delegated by the PSC pursuant to subsection 15(1) of the new PSEA Section Limitations and/or Conditions
4. To appoint a departmental surplus employee in priority to all other persons to another position within the deputy head's jurisdiction. 40  
5. To consider and appoint, in priority to others, persons with a leave of absence priority. 41(1), (5), (6)  
6. To consider and appoint, in priority to others, a person with a priority as a Minister's staff. 41(2), (3), (5), (6)

The PSC retains the authorities to:

  • determine whether a Minister's staff member is entitled to a priority; and
  • appoint ministerial staff priorities to the Executive Group.
7. To consider and appoint, in priority to others, a person laid off. 41(4), (5), (6)  
8. To appoint a person (in preference to all priorities) in order to avoid a situation in which that person would become a priority. 43  

Authorities Related to the Appointment Process

Authorities delegated by the PSC pursuant to subsection 15(1) of the new PSEA Section Limitations and/or Conditions
9. To consider no more than one person for an appointment. 30(4)  
10. To determine appointment processes, whether advertised or non-advertised. 33  
11. To determine areas of selection. 34(1)  
12. To exclusively target members of designated employment equity groups in an area of selection or to expand an area of selection to include members of designated employment equity groups. 34(1), (2)  
13. To use assessment methods. 36  
14. In advertised external appointment processes, to give preference in the following order:
  • a person in receipt of a pension by reason of war service;
  • a veteran or a survivor of a veteran; and
  • a Canadian citizen.
 39(1), (2)  
15. To informally discuss decisions with persons who were eliminated from consideration at any stage of an internal process and who request such a discussion. 47  
16. To inform persons specified in paragraphs 48(1)(a) and 48(1)(b) of the name of the person being considered for each appointment. 48(1)  
17. To fix a waiting period during which appointments or proposed appointments may not be made. 48(2)  
18. To appoint a person or to propose a person for appointment, whether or not that person is the one previously considered. 48(3)  
19. To administer oaths and receive solemn affirmations in the case of appointments from outside the part of the public service to which the Commission has the exclusive authority to make appointments. 54, 134  

Authorities Related to Investigations and Revocations of Appointments

Authorities delegated by the PSC pursuant to subsection 15(1) of the new PSEA Section Limitations and/or Conditions
20. To revoke internal appointments and take corrective action after investigating the process.   15(3) Pursuant to subsection 24(2), the deputy head cannot sub-delegate the authority to revoke appointments.   The deputy head may request that the PSC investigate on his/her behalf.
21. To appoint to another position a person whose appointment was revoked by the deputy head following an investigation by the deputy head. 15(6)  
22. To appoint to another position a person whose appointment was revoked under sections 66 (external processes), subsection 67(1) (non-delegated internal processes), section 68 (political influence), and/or section 69 (fraud). 73  
23. To appoint to another position a person whose appointment was revoked as a result of corrective action taken further to a complaint upheld by the Public Service Staffing Tribunal. 86  

Authorities delegated by the PSC under the Public Service Employment Regulations (2005)

Authorities Section Limitations and/or Conditions
24. To consider and appoint, in priority to others, surplus employees. 5  
 
25. To consider and appoint, in priority to others, a priority from the Office of the Secretary of the Governor General. 6 The PSC retains the authorities to:
  • determine whether a person in an excluded position in the Office of the Secretary of the Governor General is entitled to a priority; and
  • appoint a priority from the Office of the Secretary of the Governor General to the Executive Group.
26. To consider and appoint, in priority to others, an employee who becomes disabled. 7  
 
27. To consider and appoint, in priority to others, a member of the Canadian Forces or the RCMP who becomes disabled. 8  
28. To consider and appoint, in priority to others, an employee with a relocation priority. 9  
29. To consider and appoint, in priority to others, an employee with a reinstatement priority. 10  
30. To inform, further to an internal appointment process, the persons in the area of recourse of the name of the person who is appointed, or is proposed to be appointed, in an acting capacity. 13  

Authorities delegated by the PSC under the Public Service Official Languages Appointment Regulations (2005)

Authorities Section Limitations and/or Conditions
31. To extend the two-year period referred to in an agreement to become bilingual for one or more additional periods. 7

The deputy head may not sub-delegate this authority for positions in the executive (EX) group.

For non-EX positions, the deputy head may sub-delegate this authority to persons occupying a position at the assistant deputy minister level and other assistant deputy head titles.   Extensions must be due to: 

  • exceptional operational requirements that were not foreseeable at the time of the appointment;
  • exceptional personal circumstances that were not foreseeable at the time of the appointment;
  • a physical, mental or learning impairment that hinders the learning of the other official language at the required level of proficiency; or
  • the inability to obtain language training at public expense.  
Extensions cannot exceed two years in total.

Authorities delegated by the PSC under the Employment Equity Act and Regulations

Authorities Section Limitations and/or Conditions
32. To review employment systems, policies, and practices. 9(1)(b)  
 
   
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Updated: 2006-10-25 Important Notices