| Date: |
December 20, 2005 |
| To: |
Compensation
Managers
c.c.: Chiefs of Staff Relations
Heads of Human Resources |
Subject: Implementation of new Public Service Employment Act
(PSEA)
The purpose of this bulletin is to advise you of the impact of the new Public
Service Employment Act (PSEA) on pay administration.
With the coming into force of the new PSEA on December 31, 2005, departments
and agencies are heading into a period of transition from the current PSEA to
the new PSEA.
In order to ensure a successful transition, the Public Service Commission
issued a PSEA Transition Reference Document to Heads of Human Resources and
Chiefs of Staffing. This document outlines a summary of transition measures
pertaining to certain areas of interest. The specific areas of interest to pay
administration are the "Effective Date of Appointment" and the change
to the "Oath or Solemn Affirmation".
Effective Date of Appointment
Where an appointment process (i.e. reclassification or acting) is initiated
before December 31, 2005 (under the current Act), and the appointment is not
made until after the coming into force of the new Act, the effective date of the
appointment identified on the appointing document letter may be backdated to a
date prior to December 31, 2005.
Example:
Reclassification process initiated on August 1, 2005
TB/CT 330 form signed on December 15, 2005 with an effective date of November 1, 2005
Letter of offer issued on February 1, 2006 with effective date of appointment
indicated as November 1, 2005 (consistent with the date of the reclassification
of the position).
Where an appointment process (i.e. reclassification or acting) is initiated
after the coming into force of the new Act (December 31, 2005), and the
appointment is retroactive to before December 31, 2005, the appointing document
will include two dates; one for appointment purposes under the new PSEA and one
for pay purposes.
Example:
Reclassification process initiated on March 1, 2006
TB/CT 330 form signed on July 15, 2006 with an effective date of November 1,
2005 Letter of offer issued on August 1st, 2006 with effective date
of appointment under the PSEA as being January 1, 2006 and a second date for pay
purposes as being November 1, 2005 (consistent with the date of
the reclassification of the position).
Oath or Solemn Affirmation
Even though the new PSEA stipulates that: "The appointment or deployment
of a person from outside that part of the public service to which the Commission
has exclusive authority to make appointments takes effect on the later of the
date that is agreed to in writing by the deputy head and that person and the
date on which the person takes and subscribes the oath or solemn affirmation set
out in section 54", the letter of offer continues to be the official
document for pay purposes.
As a result, the compensation advisors must obtain a copy of the letter of
offer before beginning paying this employee.
As of January 1, 2006, compensation advisors will need to pay close
attention to the appointing documents, in order to ensure that the appropriate
dates are taken into account.
Departmental Compensation managers are to direct any questions that they may
have to their corporate Compensation officials who, if need be, will contact
Pierrette Lemay, Policy Analyst, Labour Relations Operations, Labour
Relations and Compensation Operations.
Senior Director
Labour Relations Operations
Labour Relations and Compensation Operations
Original signed by Don Graham
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