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Employment Equity Programs pursuant to Section 5.1 of the Public Service Employment Act

 

The Public Service Commission (PSC) encourages the recruitment and advancement of Aboriginal peoples, as well as other employment equity group members, as an ongoing consideration of all staffing which may include special recruitment and/or outreach initiatives. However, such efforts do not always achieve the intended results of a federal Public Service representatative of Canadian society.

Section 5.1 of the Public Service Employment Act (PSEA) allows for a broad scope of activities related to em ployment equity. The Treasury Board or deputy heads may ask the PSC to implement an employment equity program for one or more disadvantaged groups, as well as to undertake specific activities to implement the Board's policies and programs for such groups. The PSC has the discretion to decide on what course of action it deems appropriate relative to these requests. In addition, the PSC can act on its own initiative within its mandate for recruitment and appointment to assist managers in implementing employment equity programs and policies and meeting employment equity objectives.

A departmental PSEA section 5.1 employment equity program is one vehicle to increase the representation of Aboriginal peoples within the federal Public Service, in support of the Aboriginal Workforce Participation Initiative. Such a program would enable a department to undertake special measures targeted at Aboriginal persons with a view to enhancing their career prospects with the department. Moreover, these s pecial measures could include the possibility of the department considering Aboriginal persons exclusively for some positions as a means of more rapidly increasing their representation. As of June 1998, there were sixteen employment equity programs.

One of the goals of the Aboriginal Workforce Participation Initiative is to break down the barriers to employment of Aboriginal peoples. Thus, prior to submitting a proposal to the PSC for an employment equity program, a department must ask itself suc h questions as:

  • What efforts have been made in the past to increase the representation of Aboriginal peoples through regular staffing, special recruitment and/or outreach initiatives?
  • Have selection processes been reviewed to identify any systemic barriers that may be hindering the advancement of Aboriginal persons; for example, have Aboriginal  peoples been screened out, in previous selection processes, early in the process as a result of artificial barriers, such as elevated education or experience requirements? 
  • Has labour market availability of Aboriginal peoples been a consideration when establishing the area of selection for staffing actions and, if availability is limited, has the department looked at enlarging its area of selection to attract more Aboriginal candidates?

If all these measures have been taken and a representation problem still exists, there may be justification for a departmental employment equity program.

In some instances, such as when a department is staffing a relatively small number of positions, in one region or across the country, to address under-representation in an occupational group(s), it may not be practical for a department to have its own PSEA section 5.1 employment equity program. PSC Regional Offices can respond to ad hoc requests by departments to make individual appointments of Aboriginal peoples on the department's behalf, when justified.

Should you require additional information with respect to such programs, please contact your local PSC Regional Office.