Legislative Framework and How Merit Works

May - June 2005

Staffing in the public service

• Public Service Employment Act
• Public Service Employment Regulations
• Policy
• Exclusion Orders

Preamble

• Merit
• Non-partisanship
• Representativeness
• Linguistic duality
• Values

Employment Equity in the Appointment Process

• Area of Selection - Subsection 34(1) restriction based on membership in EE group
• Area of Selection - Subsection 34(2) expansion to increase participation
• Merit criteria -Subsection 30(2)(b)(iii) and Subsection 30(3) organizational needs
• Choice of Appointment Process - criteria for non- advertised processes
• Assessment - duty to accommodate
• Regulations to facilitate organizational EE programs -
  Subsection 22(2)(d)

Official Languages in the Appointment Process

• Essential qualifications - Subsection 30(2)(a)
• Language of assessment - Subsection 37(1)
• Assessment of language proficiency - Subsection 37(2)
• Grounds for complaint to Public Service Staffing Tribunal - Subsection 77(1)(c)
• Communication throughout the appointment process
• Public Service Official Languages Exclusion Approval Order
  • Non-imperative staffing
  • Exclusions

Merit - PSEA Sect. 30

An appointment is made on the basis of merit when the person to be appointed meets the essential qualifications; and

• any qualifications that the deputy head may consider to be an asset for the work to be performed
• any current or future operational requirements of the organization that may be identified by the deputy head
• any current or future needs of the organization that may be identified by the deputy head
• the current and future needs of the organization may include current and future needs of the public service, as identified by the employer.

Merit Criteria

Must meet (at a minimum):

• essential qualifications

Have regard to (may take into account):

• asset qualifications
• operational requirements
• organizational needs

Statement of Merit Criteria and Conditions of Employment Senior Policy Officer (3 positions)

Essential Qualifications

Language Requirements

Bilingual Imperative CBC-CBC

Other Qualifications

• Graduation with a degree from a recognized university with acceptable specialization in economics, sociology or statistics.
• Experience in developing policy;
• Experience with international trade agreements.
• Knowledge of international trade issues;
• Knowledge of Canada's policy on international trade.
• Ability to develop policy;
• Ability to analyse complex agreements;
• Ability to communicate orally and in writing.
• Effective interpersonal skills;
• Leadership;
• Adaptability.

Asset Qualifications

• Master's degree in international trade.
• Experience in developing policies on international trade.
• Knowledge of international law related to international trade.
• Ability to speak and write in one of the following languages; Russian, Chinese, Italian, German.

Organizational Need

Membership in one of the designated Employment Equity groups. (1 position)

Condition of Employment

Secret Security Clearance

Scenario 1

A manager is running an advertised appointment process, and has established essential qualifications as well as asset qualifications and organizational needs.

There will only be one position staffed from this process.

Scenario 2

Several managers have gotten together to do an advertised appointment process because they each have a number of similar jobs to fill.

They all require the same essential qualifications, but each manager identifies other merit criteria that are unique to their positions.

HR Planning and the Effective Use of Merit Criteria

• better use of resources
• faster staffing
• the right fit
• processes that are fair and transparent