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Chapter 7 - Appointments From Within The Public Service7.1 Sources of Information | 7.2 Policy Statement | 7.3 Values Based Approach | 7.4 Staffing Options | 7.5 Posting Notices | Annex A - Publiservice | Annex B - Automated Notice SystemFAQ's | Forms | Staffing Module | Jurisprudence 7.1 SOURCES OF INFORMATION7.1.1 LegislationPublic
Service Employment Act: Sections 10,
11,
13,
14
and 21 7.1.2 Other ReferencesStaffing Manual, Chapter 5, Priorities 7.2 POLICY STATEMENTSelection decisions must be fair, equitable and transparent and result in a Public Service that is competent, representative and non-partisan, while striking an optimal balance with the principles of affordability/efficiency and flexibility. Selection decisions must nurture and retain talent, while at the same time ensuring the readiness of the Public Service to meet present and future demands. Therefore, consideration shall normally be given to appointing from within the Public Service, unless it is not in its best interests to do so. 7.3 VALUES-BASED APPROACHTo achieve a values-based approach when making appointments, a manager must ensure that good staffing practices and the legislative and regulatory framework are followed. A values-based approach to staffing is an important means for ensuring that the composition of the Public Service reflects that of the labour market, that employees are appointed and promoted objectively, and that staff have the attributes and competencies required to fulfill their Public Service duty. 7.4 STAFFING OPTIONSTo determine if an appointment is required, managers should be encouraged to review their departmental human resources, employment equity and official languages plans, as well as any other information related to staffing positions. There are then several selection options available to a manager to seek and appoint qualified individuals. 7.4.1 Appointing a PriorityFor most appointments, individuals entitled to a priority for appointment must be considered before any other person. If qualified, the beneficiary of the priority entitlement is appointed. It is important to keep in mind that some priority entitlements apply even to appointments that constitute promotions, whereas others not. For additional information about priority for appointments and entitlements such as retraining or additional language training, please consult Chapter 5, Priorities. 7.4.2 Existing Eligibility ListsOne of the most efficient and expedient means to staff a position is to make an appointment from a valid eligibility list. This refers to lists created as a result of a competition for the same position, as well as ones that might have been established for similar positions at the same or higher level. In some cases the list must be used to make an appointment, in others its use is discretionary or not required. A list must be used if the appointment:
A list may be used if the appointment:
A list need not be used if:
* If it has been determined that it is in the best interests to appoint from within, an appointment can be made so long as it would not result in the appointment of someone ranking lower than the next available person on the eligibility list. Appointments from an eligibility list must be made in order of merit with one important exception. A name may be bypassed temporarily while it is being determined if the person meets the security, reliability and medical conditions of employment established by the department. In these cases a position must be left vacant for the higher-ranking candidate until it is determined if he or she meets the relevant condition(s) of employment. 7.4.3 Appointment Without CompetitionA) Relative Merit Appointments (Subsection 10(1), PSEA) Managers may appoint an employee without competition if they believe that the employee is the best qualified for appointment. Appointments without competition may be made:
The above list is not exhaustive. In choosing this staffing option, it is critical that the staffing values and management principles be duly considered, and that an appropriate balance among them be achieved. Reappointment for a specified period must be done on or before the last day of the previous term. This is because if there is a break in service, the appointment must be made from a valid eligibility list. Keep in mind that a specified period of employment may not be extended by a deployment. Priority consideration applies to relative merit appointments made without competition. Relative merit appointments made without competition are subject to a right of appeal. In the event of an appeal, the department will be asked to demonstrate that the person being appointed is the best qualified in the area of selection. B) Individual Merit Appointments (Subsection 10(2), PSEA) Occasionally merit may be based on the competence of a person being considered for appointment as measured by a standard of competence, rather than in relation to the competence of others. This is referred to as individual merit. Subsection 10(2) of the PSEA requires that individual merit be used as a basis for appointment only in the circumstances set out in the Regulations. The individual merit circumstances include:
* If only some of the positions in the same part of the organization have been reclassified or if the positions have not all been reclassified to the same group and level, the appointment may not be based on individual merit. Instead, the appointment may be made with or without competition and based on relative merit. Appointments based on individual merit are excluded from the consideration of regulatory priorities. 7.4.4 Acting AppointmentsThe Public Service Employment Regulations say that an acting appointment occurs when an employee temporarily performs the duties of another position, if the performance of those duties would have constituted a promotion had the employee been appointed to the position. Occasionally an employee will be asked to perform the duties of a higher classified position, but it will not constitute a promotion for staffing purposes. In these cases, there is an acting pay situation, but no acting appointment. Acting appointments offer flexibility to deal with short-term operational requirements. A manager may ask an employee to act temporarily in a higher classified position (i.e. one with a maximum salary that would constitute a promotion). Acting appointments may be excluded from merit and right to appeal temporarily. This temporary period (sometimes referred to as the excluded or vestibule period), is four months for all groups and levels (PSER 7) except the Executive (EX) group, which is six months (PSER 45). The exclusion from merit and appeals ceases to apply as soon as it is known that the acting appointment will be longer than the excluded period. This may be known at the outset of the acting appointment or at some later date. When it is known that an acting appointment will last for more than the excluded period described in the PSER, employees in the area of selection must be informed of their right to appeal. Although acting appointments are excluded from the consideration of persons entitled to a priority for appointment, there may be a valuable opportunity for priority placement. This is particularly true if the position will be vacant for an extended period of time or if it is a temporary position, such as one that has been created to carry out a specific project. An acting appointment may be made with or without competition at the manager's discretion and in accordance with departmental policy. Examples of factors that may influence the manager's choice include:
If an acting appointment is made from an eligibility list established to make an indeterminate appointment, the employee's name remains on the list. The acting appointment does not affect the individual's ongoing eligibility for an indeterminate appointment during the life span of the list. Occasionally, there are situations when it is necessary to make an acting appointment to a bilingual position. In some circumstances the employee may be excluded from meeting the language requirements. If the position is vacant, this period may be for up to four months, or in the case of an employee in the Executive group up to six months. If the position is temporarily vacant, for example, if the incumbent is on language training or on certain types of leave, the excluded period may be longer. For details please consult the Official Languages Exclusion Approval Order and Regulations. The accepted letter of offer is the certificate of appointment in acting situations that will exceed the vestibule period. For acting appointments of a shorter duration, departments may use whatever documentation method is most convenient, so long as the acting appointment is recorded. 7.4.5 Appointments by CompetitionA) Area of Selection Before initiating a competition, a manager must determine the geographic, organizational and occupational criteria that employees must meet to be eligible to be appointed (see Chapter 4, Area of Selection). Once the area of selection has been determined, it is necessary to attract applicants within that area. This can be done by issuing a competition notice, consulting a candidate inventory, or a combination of both methods. B) Competition Notice The competition notice is an advertisement intended to attract as well as to give all those who are eligible a reasonable opportunity to apply. Departments should think about how to use the notice to its greatest advantage. At the same time, there are certain essential requirements that must be reflected on the competition notice. These include:
Departments may give notice using various mechanisms, which are described in greater detail further on in this chapter. C) Inventories An inventory is a means to establish and readily identify a candidate pool. For an inventory to function as a successful alternative to competitions by notice, it is essential that potential candidates be informed of their existence in advance and of their eligibility to be included in them. This stems from the requirement in the legislation to give eligible persons a reasonable opportunity to be considered for employment with the Public Service. Employees must also be informed on a regular basis that they may, and should, update the information held in the inventory. Departments may wish to inform employees of the existence of an inventory in the first letter of offer and by subsequent updates, such as posters on bulletin boards or even letters extending term employment. If a department has delegated recruitment authority it may wish to establish and maintain an inventory for purposes of open competitions and include members of its casual work force. It is recommended that open and closed competition inventories be kept separately. Technology may be a means to distinguish between open and closed competition inventories, particularly if casual employees make up part of the candidate pool and the departmental work force. Once it has been determined that a Closed Competition by Inventory (CCIV) is the appropriate selection process, a closing date has to be established. This may be the day of the search, or some date in the future. This is helpful if the department announces to people that it will be doing a search at some point in the future and that applications must be received and entered into the inventory by that date. An area of selection must also be established and is defined in the same manner as for a closed competition by notice, i.e.. using organizational, geographic and/or occupational criteria. The Statement of Qualifications (S of Q) and area of selection criteria will normally form the basis for a search of the inventory. Everyone in the inventory is a potential candidate, regardless of their tenure, (N.B. casual employees are excluded from closed competitions by inventory) providing that they meet the search criteria, e.g. are in the area of selection, have the required experience, etc. Once a search has been conducted and potential candidates identified, the department must confirm that the candidates are interested in being considered. This may be done in any number of ways, including by telephone, correspondence, e-mail, etc. There should be some record of the interaction with the individual and their response, such as a confirming email or a note to file. Potential candidates should be offered the same kind of information as in any competition, for example a copy of the S of Q and work descriptions or study packages, if applicable. Candidate assessments are done in the same manner as for any competition, i.e. the selection boards may use narrative, numerical, global assessments, exams, interviews, reference checks, etc. Using a candidate's application to assess their qualifications is not recommended because people usually submit a more general curriculum vitae to an inventory than they would if applying for a specific position. It is difficult to determine from a curriculum vitae the depth or quality of an individual's qualifications, other than perhaps their education or experience. Candidates may also feel that they haven't had an opportunity to be fully and fairly assessed on the basis of their curriculum vitae alone. Despite this if a department wishes to consider this assessment approach, thought should be given to the kind of information to be collected when establishing the inventory. An alternative might be to develop a specialized application form and to ensure a degree of standardization in the information to be collected and maintained in the inventory, which will be suitable for assessment purposes. For example, a department might wish to incorporate standardized test results or second official language qualifications, etc. The assessment completed by the Selection Board determines the extent to which the candidates are qualified for appointment. This will result in an eligibility list, in order of merit. Candidates are informed of the results as they would be for any other competition. In the case of a closed competition, this would include notifying them of their right to appeal. Right to appeal is given to those individuals who confirmed their interest in being considered, whether screened in or out. As well, right of appeal must be given to the other employees within the inventory. This is because there may be individuals who did not come out on the inventory search and may believe that selection has not been according to merit. Only those candidates whose applications are received in writing by the closing date specified in the notice, or in the case of an inventory, those candidates who are identified as of that date that the search is conducted, may be considered for appointment. If exceptional circumstances beyond an eligible person's control prevent him or her from submitting an application by the specified closing date in a closed competition, the application may be considered provided that the selection board has not completed its assessment of the candidates. Exceptional circumstances may vary from one person and one competition to another. It is important that all candidates have a fair and equitable opportunity to express their interest in being considered for appointment. Therefore, persons with disabilities that affect their capacity to write, may submit their application in an alternate format, provided it is in a format that can be retained on the staffing file. Applications are deemed to have been received by the closing date if they are postmarked or bear a postage meter impression that is not later than the closing date specified in the notice and are received within 10 days after the closing date. In the case of documents transmitted via courier or electronic media such as facsimile or telegram, the application is deemed to have been received by the closing date if the date it was transmitted is no later than the date specified in the notice. It is common practice to retain the envelopes until the appeal period has concluded. That way if there is any question about the timeliness of an application, the department will have material available to support its decision to have screened out or retained an application. Federal employees are able to submit applications electronically. When consulting the job notices (competitions, assignments/ secondments, and deployments) posted on Publiservice, employees now have access to an online version of the application form. The electronic application also includes a Resumé and an optional Employee Self-identification Form. The date and time of receipt are automatically shown on the application once it is submitted, and the application is saved on the Publiservice server. An acknowledgment of receipt is sent to the employee when an e-mail address is supplied. The person responsible for staffing is notified, also by e-mail, if the job notice gives an e-mail address. If there is no e-mail address, this person is responsible for verifying whether the Publiservice server has received applications from employees for the position advertised in the notice. 7.5 POSTING NOTICES7.5.1 NoticesDepartments have discretion regarding the means used to inform their employees about opportunities, such as paper and electronic notices. Regardless of the means used, departments must ensure that the information provided is complete (see 7.4.5 B) of this chapter). Departments may also use Publiservice to post notices electronically or the Automated Notice System to post paper copies. See Annexes A & B for details regarding posting notices using these two methods. 7.5.2 Official Languages' RequirementsA) Publiservice Notices Publiservice notices are accessible nationally, therefore, they must be posted in both official languages. This applies even if the position is unilingual and is located in a unilingual region. All documents posted on Publiservice, including the Statement of Qualifications, must be posted in both official languages. B) Automated Notice System (ANS) Notices using the Automated Notice System (ANS) must be published in both English and French when:
It is important to ensure that competition notices do not represent a systemic barrier, which might be the case if some candidates don't have access. This can happen, for example if a person has a disability that affects their vision and does not have means to learn about job opportunities. Departments must therefore take measures to ensure that employees with disabilities have access to the information contained in departmental notices. In addition to the information described in the following sections, the departmental employment equity coordinator will have information on alternate services. A) For Persons Who Are Visually Impaired A text version of all job notices posted on Publiservice is available to employees who have a disability that affects their vision and who use reader software. On-line applications can be submitted too. The Reader Service is provided by Public Works and Government Services Canada and it offers information by telephone about Publiservice staffing notices. To obtain this information, employees may call (613) 941-8979 (National Capital Region) or 1-800-461-6263 (outside the NCR), toll-free between 9:30 AM and 5:00 PM in any time zone. B) Persons with a Hearing and/or Speech Impairment The Reader Service also provides services to employees with a hearing or a speech impairment. Employees may communicate using the telecommunications system device (TTY/TDD) at the following toll-free number 1-800 465-7735. This service is provided by Public Works and Government Services Canada and is available between 8:00am to 8:00pm (Ottawa time). Annex APUBLISERVICEThe Publiservice site is managed by the Communications Coordination Services Branch within Public Works and Government Services Canada (PWGSC). In partnership with the Government of Canada's Human Resources Community, the Publiservice Team offers a cost-free, electronic Public Service Staffing Notices site. It can be used for two purposes: Human Resources Advisors in departments and agencies may post:
Human Resources Advisors may also retrieve:
Note: Use of the Publiservice site is proving increasingly attractive to departments and agencies (many are using only Publiservice to post inter-departmental notices), due to the large number of services now provided by the system. Notices are published on Publiservice at no charge. Publiservice will also submit a copy of the notice to the Automated Notice Service (ANS) if requested. A copy of the notice submitted to Publiservice is archived and can be retrieved for use on subsequent occasions. Training The Publiservice Team offers group training sessions at the workplace, as well as assistance and on-line training through the client support service line at (613) 946-0046. Security Overview SSL (Secure Socket Layer) level of security is on the Job Notice site to ensure confidentiality. Search Capability Search capability on the active and archived notices is available to Human Resources Advisors and government employees. This tool provides a report of active notices by:
A tool for the archived notices is also provided to search by:
To access the Public Service staffing notices' site requires an internet browser such as Netscape or Explorer. Users, i.e. employees and Human Resources staff, may access the site at the following address: https://jobs-emplois.publiservice.gc.ca/jobs/cgi-win/publipag.exe/e/publi Submitting a Job Notice Template to Publiservice To prepare and complete a notice template, i.e. for a competition, acting appointment, deployment or assignment, a recourse notice or a Statement of Qualifications:
On-line help is available and includes procedures, as well as questions and answers. Mandatory fields are identified by an (*) asterisk. Error messages are automatically generated to remind users to complete mandatory fields to complete the submission. Selection Process Number Each selection process requires an identifier that must be no longer than 30 characters in length, including dashes, and must have the following sequence of codes:
Examples: 89-DND-CCID-ATL-1347 - An interdepartmental competition initiated in 1989 in the Department of National Defence to fill position numbered 1347 in the Atlantic Region 90-MOT-NCRO-OC-IV-69 - An open competition by inventory initiated in 1990 and which is the 69th process conducted by the PSC's National Capital Regional Office on behalf of Transport Canada Official Languages' Requirements Publiservice notices are accessible nationally, therefore, they must be posted in both official languages. This applies even if the position is unilingual and is located in a unilingual region. All documents posted on Publiservice, including the Statement of Qualifications, must be posted in both official languages. Statement of Qualifications Publiservice offers Human Resources' staff an opportunity to save time because it transfers information from the Job Notice Template into the Statement of Qualifications template. This leaves only a few additional fields to be entered, for example, knowledge, skills, personal suitability, etc.. Submission Options Job notices may be posted directly on Publiservice, sent to ANS for translation, or sent to both Publiservice and ANS for posting. 1. Publiservice No cost if posted electronically only. Information must be in both official languages. Notices can be viewed within seconds of being submitted. 2. ANS - Translation Required ANS will have the notice translated by the Translation Bureau (PWGSC), at a cost, but not the Statement of Qualifications. ANS will forward the translation to responsible Human Resources staff for amendment and final posting. 3. Publiservice and ANS no translation required For immediate processing by Publiservice and ANS information must be provided in both official languages. The closing date should take into consideration the required ANS processing time, i.e. 24 working days from the time ANS receives the notice. The Statement of Qualifications will appear only on Publiservice. Access to Notices for Persons Who Are Visually Impaired A text version of all job notices as well as an on-line application are available for employees who are visually impaired. Annex BAUTOMATED NOTICE SYSTEM (ANS)The Automated Notice System (ANS), managed by St. Joseph Digital Solutions, provides a centralized service to client-departments involving the preparation, translation, printing, distribution and display of the following documents in paper form:
It is important to note that translation will only be provided for posters issued in paper format. Overview of ANS Departments and agencies wishing to the use the ANS, prepare the notice and send it by fax (613) 740-3181; telephone: (613) 740-3433; by e-mail to bstrenkowski@eprintit.com by disk or mail to St. Joseph Digital Solutions, 1165 Kenaston Street, 1st Floor, Room 102, P.O. Box 9809, Station T, Ottawa, Ontario K1G 6S1, along with a completed printing requisition (Detailed Printing Order Form CCG/GCC 3149-2A (3/97) - Electronic Form 7540-21-910-6348 ). Once the poster is translated (if necessary), ANS retypes, prints and distributes it within the specified area of selection. The distribution will be made according to the list of addresses provided by the department having the responsibility to notify ANS of any amendments. If the department or agency would like to have posters distributed to an expanded area (e.g. Greater Toronto Area), the list of towns, counties and cities in that expanded area must be provided to ANS. The PSC is responsible for the overall coordination of the ANS. The cost of the formatting, translating, printing, and distribution of notices is recovered from the client-department by ANS. A copy of all notices is sent to Publiservice for electronic publication. Preparing ANS Notices The text of all notices submitted to ANS is re-keyed (unless an electronic file is provided) and therefore the text must be legible or in a compatible format (electronic file). NOTE: Notices should be prepared in a one-page (one side) format as the cost to the department will double if two pages are used. ANS Competition Notice Competition notices may be prepared on a blank page for submission to ANS. (PSC 1636 may also be used, but is not required.) Selection Process Number Each selection process requires an identifier that must be no longer than 30 characters in length, including dashes, and must have the following sequence of codes:
Examples: 99-DND-CCID-ATL-1347 - An interdepartmental competition initiated in 1999 in the Department of National Defence to fill position numbered 1347 in the Atlantic Region 00-MOT-NCRO-CC-IV-69 - A closed competition by inventory initiated in 2000 and which is the 69th process conducted by the PSC's National Capital Regional Office on behalf of Transport Canada Closing Date The closing date for receipt of applications and appeals (see Appeal Notices below) may be calculated by allowing 24 working days from the date CCG receives the notice, which includes a 14-day notice period. An express delivery service is available in rush situations and details can be obtained by calling ANS at (613) 740-3433. The following instructions should be following when preparing a competition notice: Classification: Enter the group, sub-group (if applicable) and level of the position. Salary: Enter the salary range of the position. Selection Process No.: Enter the selection process number, in accordance with the instructions set out in this annex. Closing Date: Enter the closing date for receipt of applications, which may be calculated as noted above. Department, Branch, Location, Position Title, Language Proficiency: Enter the name of the department, the branch or work unit, the position title and the linguistic proficle of the position. Avoid abbreviations and acronyms that may not be familiar to potential applicants. Open To: Specify the area of selection in which candidates must be located. Use this section to also describe briefly the position information. For example, include a summary of duties and the qualifications that will allow potential candidates to self-screen (this might include education, experience, language, skills, etc.). Other Information: Set out any other important and relevant information, such as "Eligibility list may be used for Similar Positions", "Isolated Post Allowance", "Various Linguistic Requirements", "Medical Clearance Required", "Security Clearance Required", etc. Send Your Application To: Enter the name and title of the appropriate departmental official and office mailing (delivery) address. Contact: Enter the name, telephone number and E-mail / Internet address of the person to be contacted for information regarding the position or competition. Clearance No.: Enter the priority clearance number obtained from the PSC. ANS: Always leave this space blank. It is for ANS use only. Notice of Right to AppealOccasionally, there may be a need to post a notice of Right of Appeal on the ANS. In such cases, the same instructions for preparing a competition notice are to be followed. Some obvious differences exist and are explained below. Use a blank page or, if you wish, form PSC 1829. Appointment Of: Enter the name of the person appointed or proposed for appointment. More than one name may be entered, if the positions and other pertinent information are identical. To - Department: Enter the name and three-letter department code to which the appointment has been or will be made (for example, the code for Environment Canada is DOE). From - Department: Enter the name and three-letter department code for the department in which the employee was employed immediately prior to the appointment or proposed appointment identified above. Appointment Authority: Place an "x" in the appropriate box to indicate whether the authority to appoint is delegated or non-delegated. Date Notice Given: Enter the date the notice will first be posted, calculated on the basis of standard processing time (see "Closing Date" above) and taking into account any holidays during the processing period. The date notice is given must be a working day; if the date determined, based on processing time, is not a working day, the date must be moved to the next working day. Appeal Period: Enter the dates of the beginning and end of the fourteen-day appeal period using the sequence: year, month, day. The first day of the appeal period is the day after the date entered in the block "Date Notice Given", whether this is a working day or not. The appeal period is calculated in calendar days. Bilingual Format for ANS Notices using the Automated Notice System (ANS) must be published in both English and French when:
If the notice is going to be distributed across Canada, the English text must appear on the left side of the notice. For all other bilingual notices, the text on the left is to appear in the official language of the majority of the employees in the area of selection. ANS will only translate the notice, (but not the statement of qualifications) at a cost. It is translated by the Department of Public Works and Government Services' translators. If the department already has a notice in both languages, it may be transmitted to ANS in bilingual format. In this case the department is responsible for ensuring the quality of the translation. Amendments and Cancellations In the event of a cancellation and distribution has been completed, ANS will not publish a cancellation notice. It is the responsibility of the department to advise those persons who have applied that the competition was cancelled. Display Guidelines A copy of every notice should be displayed in readily accessible locations adjacent to employee work-sites. Where this is not practicable, the minimum acceptable distribution is one location for the display of all notices in each building or complex. Employees should be informed of the location on a regular basis. Should the posting of notices on display boards not be suitable for departmental employees on extended travel status or who work in remote locations without daily mail service, arrangements must be made by the department to provide notices to such employees, ensuring that they arrive sufficiently in advance of the closing date. The "Information on Staffing Notices" poster is to be displayed on notice boards. Reasonable Notice Departments should log the receipt dates and posting dates of notices they receive and regularly review the display area(s) to replace any notices that may have been removed prior to the closing date. Departments should also take measures to ensure that disabled employees have access to the information contained in notices. The departmental employment equity coordinator will have information on alternate services. Amending the ANS Distribution List ANS maintains a distribution list of several thousand subscribers across Canada. Amendments to this list can be made using the change of address sheet found in every ANS mailing envelope. |
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Updated: 2006-10-26 | Important Notices |