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Appendix E - Information on the Ministers' Staff Priority - The Public Service Commission of Canada

Introduction

The Public Service Employment Act (PSEA) governs appointments to positions in the Public Service, promoting and protecting values associated with the principle of appointments based on merit. Among its provisions are exception clauses that provide an entitlement to a priority in appointment ahead of others for certain classes of persons who meet specific conditions. In that context, section 39 of the Act provides a priority to certain individuals hired directly by a Minister ("exempt staff").

This document provides information about the nature of the Ministers' exempt staff priority. It also explains how the entitlement is administered, including information about the procedure for seeking a determination by the Public Service Commission (PSC) of whether an individual is entitled to a priority in appointment. This information will be of interest to persons employed in the office of a Minister, persons considering such employment, and officials in Ministers' and departmental human resource offices.

Application:

The priority applies to certain staff employed in a Minister's office for activities related to the conduct of the Minister's portfolio and other official government business. Entitlements for Ministers' exempt staff apply equally to Ministers' of State exempt staff. The priority also applies to persons employed in the Office of the Leader of the Opposition in the House of Commons, the Leader of the Government in the Senate and the Leader of the Opposition in the Senate [Ref. s. 39(6), PSEA].

The priority does NOT apply to persons hired by Ministers in their capacity as Members of Parliament for work either in their House of Commons or constituency offices, nor to employees of Departments and Agencies working as a part of the Minister's "departmental complement".

The term "exempt staff" is taken from the Treasury Board Secretariat's publication "Guidelines for Ministers' Offices - Administrative Practices". It refers to the fact that the PSEA provides that "A Minister may appoint his Executive Assistant and other persons required in his office" and that their appointment is "exempt" from the Act. Particular funding arrangements are in place for "exempt staff" positions as distinct from funding for the staff of a Minister's constituency or House of Commons office. The TBS's Guidelines include an Exempt Staff Position Structure which outlines the titles, types and content of positions which commonly form the staff of a Minister's office.

The Entitlement (section 39, PSEA):

Persons with a Ministers' exempt staff priority are entitled to be appointed without competition to any position in the Public Service for which they are qualified, in priority to all other persons except for surplus employees of the Public Service being placed within their own department as per s. 29(1.1) of the Act and except for employees who are entitled to a Leave of Absence priority under section 30 of the Act. The entitlement is for one year from the date the person ceases to be employed in the office of a Minister but ceases on appointment to the Public Service. Priority appointments are not subject to the appeal provisions of section 21 of the Act, but recourse is available through the complaint provisions related to sections 6 and 7.1 of the Act.

Criteria:

To be entitled to the priority the person must have ceased to be employed in a Minister's office. In addition, persons employed in a Minister's office are entitled to a priority appointment:

• if they were employees of the Public Service immediately before becoming employed in the Minister's office [Ref. section 39(3)(a)].
• "employee" means a person appointed to a position in the Public Service pursuant to the PSEA, for either an indeterminate period or for a specified period (i.e. "term"), but does not refer to persons appointed as "casuals" under section 21.2 of the PSEA.
• the person's employment in the Minister's office may have been in any capacity and for any period.

or

• if they qualified for appointment to the Public Service under the Act while employed in the office of a Minister [Ref. s. 39(3)(b)].
• "qualified for appointment" means that the person was found qualified in an open competition pursuant to the PSEA and was placed on an eligibility list.
• the person's employment in the Minister's office may have been in any capacity and for any period.

or

• ifthey had been employed as an Executive Assistant, Special Assistant or Private Secretary to a Minister, or in any of those capacities successively, for a continuous period of at least three years [Ref. s. 39(4)].
• "three years" means three consecutive years.
• "three years" includes time employed in the offices of different Ministers as long as there was no break in employment.
• there must have been a continuous employment relationship and the duties must have actually been performed for three years, or more. So, for example, periods of assignment elsewhere or leaves of absence (including leave to stand for office or to work on election campaigns) are not counted toward the three years; however, they do not sever the employment relationship and do not result in having to start the time count over again when the leave finishes.
• the terms "executive assistant", "special assistant", and "private secretary" represent senior positions and NOT support staff; the incumbents assist the Minister in his or her role as a Minister, not as a parliamentarian; typically they provide political or communications advice or are the senior officers responsible for administrative services in a Minister's office (such as Special Assistant for Operations or Administration).
• these persons need not report directly to the Minister.
• the generic positions mentioned in the Act can also be referred to under different titles for practical purposes (e.g., Legislative Assistant, Communications Advisor etc). For a list of alternative titles, see Exempt Staff Position Structure for Ministers' exempt staff.

The Priority Period: Start, Duration, End

The entitlement starts on the date the person ceases to be employed in the office of a Minister and lasts for one year from that date. The entitlement ceases at the end of the period or when the person is appointed to a position in the Public Service for either an indeterminate period or for a specified period (i.e., a "term"), whichever occurs first.

The start date and duration are set by the Act and cannot be altered (for example, to accommodate persons who register late with the PSC for referral or who obtain employment with another Minister subsequent to the onset of the entitlement and who might like to "save" the entitlement period for another time).

A person may "cease to be employed in a Minister's office" for any reason, including their own resignation. It is not necessary that the Minister has ceased to hold the title of Minister. Where a Minister has ceased to be a Minister, and if the person employed in the Minister's office has not resigned, that person ceases to be employed in the office of the Minister 30 days after the date that the Minister ceased to be a Minister, as per section 39(2) of the PSEA.

Roles Of The Public Service Commission (PSC) And Departments

The PSC determines whether applicants meet the criteria for the priority, on a case by case basis. It also maintains a priority referral system to help ensure that Ministers' Staff and other priority persons are considered for appropriate vacancies by departments. Departments make the final assessments and appointments as per their delegated staffing authority, except for positions in the Executive Category (EX).

Appointments to EX positions are made by the Commission itself as suitable positions become available, following the application of the same assessment process as applies to all candidates for EX positions. Such appointments represent a small minority of appointments of persons pursuant to the Ministers' Staff priority.

The PSC views section 39 of the PSEA as an exception to the procedures and principles that are intended by the Act as the means of preserving the merit principle in employing persons in the Public Service. Therefore, in order to foster and protect these procedures and principles, and ensure that the basic intentions of Parliament are carried out, the section is interpreted restrictively and applied in such a manner as to avoid broadening the exception in its application to specific situations.

Procedures: Determination Of Priority Entitlement

Requests to the PSC for a determination of entitlement are initiated by the person concerned or, often, by officials in the Minister's office on their behalf. In any event, the requests are normally sent to the PSC by the Head of Human Resources of the department related to the Minister, or by other senior human resource personnel who provide advice and services to the office of the Minister. This arrangement enhances administrative continuity.

A form "Request Form for Determination of Entitlement - Ministers' Staff Priority" (http://www.psc-cfp.gc.ca/priority-priorite/index_e.htm ) is appended to this Guide. The Request Form specifies the information that is required by the PSC.

The applicant signs the request, as does the Minister's Executive Assistant. However, when the applicant is the Minister's Executive Assistant, we ask that the Minister sign the request.

The signatories attest that the information submitted is accurate and complete and that the person's employment meets specified conditions regarding the nature, type and duration of the person's employment (including job titles, responsibilities, periods of employment, leaves of absence and assignments outside a Minister's office). If circumstances make it impractical to secure the signatures of the Chief of Staff or of the Minister, then attestations from knowledgeable senior departmental Human Resources personnel are acceptable.

The signed form is sent to the responsible departmental human resource person for submission to the PSC.

If applicants require a confidential determination by the PSC (without the involvement of senior staff in the Minister's office), the PSC would accept attestations by the departmental head of human resources or other senior departmental human resource staff responsible for servicing a Minister's office. If signatures are not available, the PSC could provide only a preliminary determination subject to later certification of the facts by the appropriate officials.

Requests are sent to:

The PSC provides its determination in writing to both the requester and the person concerned. Where the applicant is found to have met the criteria, the PSC informs that person of the specific procedures for exercising the entitlement when and if they are ready.

Procedures: Initiating Registration In The Priority System

Persons who have been informed that they are entitled to the Ministers' Staff Priority are responsible to contact the appropriate PSC office to initiate the administration of their entitlement, as per the letter they receive from the PSC. They should do this as soon as possible after having ceased to be employed in the office of a Minister. They will be registered in a national inventory of persons who have a priority for appointment under the Public Service Employment Act or Regulations.

Interest in executive level positions:

• Most persons will be registered for referral to positions below the executive level. Individuals who possess qualifications and interests that might make them suitable for appointment in the Executive Category are invited to apply for an assessment of readiness for appointment to positions in that occupational category. The Commission applies the same assessment tools as are applied to all other candidates for EX positions. If the candidate is found to be "EX-ready" he or she will be placed on a waiting list and appointed to positions by the Commission when and if suitable vacancies arise during the priority period.
• In order to avoid any conflict of interest or appearance of conflict, the following selection and assessment tools are applied in each case:
• an assessment by the Personnel Psychology Centre of the PSC;
• an interview with a board constituted to assess competencies and work experience;
• a structured reference check; and
• an official languages proficiency test for candidates interested in positions in bilingual regions.

Procedures: Job Matching - Links To Jobs Being Staffed

When departments wish to staff positions they notify the PSC. For most positions (all but those classified as executive), the appropriate PSC regional office refers any persons from the priority inventory who appear to have the qualifications required. The departments make further assessments and inform the PSC of the results:

• If a priority person is found qualified then that person is appointed. However, if more than one priority person is qualified an appointment is offered to the most suitable, in the order of priority specified in the Act and Regulations (that is: first, a departments' own surplus employees, then returnees from Leave of Absence, then Ministers' Staff, and then others). If no priority person is available or qualified, the position is staffed by other means.

For positions classified in the Executive Category, the Executive Programs Directorate reviews its inventory of priority persons who are EX-ready and recommend to the Commission, following consultation with the department involved, the appointment of any such persons who appear to be suitable for the position. If accepted, the Commission would appoint the person.

In addition to participating in the PSC's priority inventory and being referred, persons with a Ministers' Staff priority, like all priority persons, may also apply directly on their own to be considered for any job they see advertised or are otherwise aware of being staffed. If they do, they must indicate that they have a priority entitlement. Departmental managers will verify the entitlement with the PSC. Departments are obligated to appoint the priority person in advance of others, if they are qualified to perform the duties, just as they would if the person had been referred by the PSC.

References:

1. Public Service Employment Act, section 39 "Ministers' Staff" - (available on the PSC web-site: http://www.psc-cfp.gc.ca/staf_dot/psea-lefp/index_e.htm)
2. Public Service Commission (PSC) document: Staffing Manual, Chapter 5 "Priorities" (http://www.psc-cfp.gc.ca/staf_dot/pol-guid/chap_05/index_e.htm) (deals with priority entitlements in general)
3. Treasury Board Secretariat of Canada: "Administrative Practices: Guidelines for Ministers' Offices" which is available at internet address http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/mg-ldm/gfmo-eng.asp
4. One may also access the PSC's Staffing Manual from the Human Resources page of PubliService (http://publiservice.gc.ca/hr/hr_e.html) under the heading of Staffing Reference Material (only available to federal government subscribers to PubliService).

Questions:

If you have questions, please contact the Priority Administration section of the Public Service Commission at (613) 995-4636.

 

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