Imperatively:
Staffing procedure for a bilingual position where only applicants who meet all the position's requirements are considered.
Non-imperative staffing:
Staffing procedure for a bilingual position allowing the consideration of applicants who meet all essential requirements
except for the requisite language skills.
Public Service Official Languages Exclusion
Approval Order:
http://canadagazette.gc.ca/partII/2005/20051214/html/si118-e.html
Public Service Employment Act: http://laws.justice.gc.ca/en/P-33.01/index.html
Official Languages Act: http://laws.justice.gc.ca/en/O-3.01/88156.html
Policy on official languages for human resources management:
http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/OffLang/polhrm-plogrh_e.asp
Deputy Heads:
This term is equivalent to "deputy minister", "chief executive officer" or some other title denoting this
level of responsibility.
Regions designated as bilingual for language-of-work
purposes:
http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/OffLang/chap5_1-1_e.asp
Other assistant deputy head titles:
http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TBM_114/oacegp-dprcpg1_e.asp#deputy
Technical or specialized language skills:
Language skills acquired through specialized training or expertise, e.g., text editing, translation or language instruction
Indispensable:
An office required to provide services in both official languages to the public or to employees must be able to provide them
in both languages at all times. Managers are responsible for organizing their human resources, including staffing positions, in
order to ensure this capacity. In determining the particular mix of positions or functions as well as other means of providing
services (e.g. recorded messages, automated services, information on electronic networks), they are required to staff certain
bilingual positions imperatively. This applies when the positions are linguistically indispensable because the provision
of services depends on direct spoken or written communication by persons and the quality or availability of service in either of
the official languages would be inadequate without this capacity. Imperative staffing should be used in the following
circumstances (not an exhaustive list):
- when the bilingual position is one of the very few in an office that provides
services to the public or employees;
- when the bilingual position is the only one that provides certain services;
- when the bilingual position is one of several providing similar services but
there are not enough incumbents who meet language requirements to ensure service in both official languages at all times;
- when the functions of the position require the capacity to communicate promptly
and accurately in both languages in situations where the communication has a direct bearing on the health, safety or security of
the public or the occupants of the office (e.g. a position responsible for communicating instructions within the context of
internal security services or for the management of emergency situations).
Directive on language training and learning retention:
http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/OffLang/dltlr-dflma_e.asp
Justification in writing:
The obligations for the use of imperative staffing are covered in the first portion of this directive. When there is no
obligation to use imperative staffing, non-imperative staffing can be used in exceptional cases. Justification for the case by
case use of non-imperative staffing must be provided in writing. Here are some examples of justifications:
- when the potential applicant pool is very limited due to the highly specialized
nature of the duties and the knowledge needed for a position and where imperative staffing might unduly limit applications for
the position;
- when the institution would receive an insufficient number of applications from
members of one or the other official language community, and non-imperative staffing is likely to promote participation of the
under-represented community;
Other assistant deputy head titles:
http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TBM_114/oacegp-dprcpg1_e.asp#deputy
Public Service Official Languages Exclusion Approval
Order:
http://canadagazette.gc.ca/partII/2005/20051214/html/si118-e.html
Deployed on a non-imperative basis to another bilingual position:
The following situations may arise, depending on the language profile of the position to which the person is deployed:
- If the position to which the person is deployed (2nd position)
has the same language profile as the position the person holds initially (1st position), the initial exemption period
for meeting the position's language requirements still applies.
- If the 2nd position has a lower language profile, the
incumbent no longer has to meet the requirements of the 1st position, but does have to meet the requirements of the 2nd position
within the initial exemption period.
Directive on language training and learning retention:
http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/OffLang/dltlr-dflma_e.asp
Consequences:
http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/OffLang/olpf-cplo1_e.asp#consequence
Person responsible:
http://www.hrma-agrh.gc.ca/ollo/common/listinstitution_e.asp
|
