Get Ready Information Sessions

1
PSEA TRANSITION
Get Ready Information Sessions Series
Two October/November 2005 (Updated November 17,
2005)
2
OBJECTIVE

• Introduce and assist you in understanding
• the Public Service Employment Act (PSEA)
  transitional provisions outlined in Part 5 of the
  Public Service Modernization Act (PSMA)

3
KEY MESSAGES

• A transition period which is as short as possible
  will reduce the administrative burden of
  maintaining parallel appointment and recourse
  systems
• Decisions regarding the timing of appointment
  processes during transition will be facilitated
  by effective human resources planning
• All eligibility lists valid at CIF will expire no
  later than six months after the coming into force
  of the new PSEA those established after the CIF
  will have a maximum duration of six months within
  the 12-month period following CIF

4
LETS TALK ABOUT
5
VALUES

• An Act respecting employment in the public
  service
• Recognizing that
• Canada will continue to benefit from a public
  service that is based on merit and
  non-partisanship and in which these values are
  independently safeguarded
• the Government of Canada is committed to a
  public service that embodies linguistic duality
  and that is characterized by fair, transparent
  employment practices, respect for employees,
  effective dialogue, and recourse aimed at
  resolving appointment issues (Excerpt from the
  Preamble to the new PSEA)
• Overarching public service values Merit /
  Non-partisanship
• Appointment values Fairness / Access /
  Transparency

6
LEGAL FOUNDATION

• Public Service Modernization Act (PSMA), Part 5 -
  
• Section 68 Definitions
• Section 69 Priorities
• Section 70 Competitions and Other Selection
  Processes Being Conducted
• Section 71 Eligibility Lists
• Section 72 Pending Appeals
• Section 73 Pending Deployment Recourse
• Section 74 (1) Audits and (2) Investigations
• Section 75 Notice of Lay-off
• Section 76 (1) Employees on Probation and (2)
  Rejection

7
DEFINITIONS
PSMA Section 68

• The following definitions apply in this Division
• "amended Act" (loi modifiée) means the former
  Act as amended by Division 2 of Part 3 of this
  Act.
• "former Act" (ancienne loi) means the Public
  Service Employment Act, being chapter P-33 of the
  Revised Statutes of Canada, 1985.
• "former Commission" (ancienne Commission) means
  the Public Service Commission established by
  subsection 3(1) of the former Act.
• "new Act" (nouvelle loi) means the Public Service
  Employment Act, enacted by sections 12 and 13 of
  this Act.
• "new Commission" (nouvelle Commission) means the
  Public Service Commission established by
  subsection 3(1) of the amended Act.
• amended Act current Act

8
PRIORITIES
PSMA Section 69

• Every person who has a priority for appointment
  under the amended Act on the coming into force of
  subsection 29(1) of the new Act continues to have
  priority for appointment under the new Act for
  the period, and in the order, provided for by or
  under the amended Act.

9
PRIORITIES (contd)

• Priority for appointment person or employee has
  met condition(s) that give(s) rise to entitlement
• Person or employee because some individuals that
  benefit from a priority status have ceased to be
  employees
• The new Act will not impact on the existing
  priority entitlements nor the order in which
  persons with such an entitlement will be
  considered for appointment, except
• Priority for employee who becomes disabled
  period of time to invoke priority entitlement
  could be extended to five (5) years for those
  certified to return to work after the CIF date
  (if within his/her initial 2-year window)
• CIF coming into force

10
PRIORITIES (contd)
WHATS NEW WITH PRIORITY ENTITLEMENTS and IMPACT
OF TRANSITIONAL PROVISIONS -

• Reinstatement priority entitlement period after
  CIF will be reduced from 3 years to 1 year new
  period will only apply to those (surplus,
  employee who becomes disabled, lay-off) who are
  appointed to a lower level position after CIF
• Reinstatement priority entitlement after CIF will
  also apply to priority employees appointed to a
  lower level position in cases of
• relocation of spouse or common-law partner
• leave of absence or his/her indeterminate
  replacement

11
PRIORITIES (contd)
WHATS NEW WITH PRIORITY ENTITLEMENTS and IMPACT
OF TRANSITIONAL PROVISIONS (contd) -

• The priority entitlement for a Canadian Forces
  (CF) or RCMP member who becomes disabled will be
  expanded to include a member medically released
  while serving and not limited to one serving in
  special duty only applicable to those
  medically released after CIF.
• Reminder - section prohibiting regulatory
  priorities from being considered for promotional
  opportunities will not be included in the new
  regulations.
• Period of time that an employee who becomes
  disabled can invoke his/her priority entitlement
  will be extended from 2 years to 5 years only
  applicable to those certified as able to return
  to work after CIF, if within his/her initial 2
  year window (this provision will also apply to a
  CF and RCMP member).

12
Priority Entitlement for an Employee who Becomes
Disabled - Scenarios
CIF Coming into force
Nov.2003
Nov.2005
D
1
Nov.2005
Dec.2004
Dec.2006
D
2a
2-year priority ending Nov. 2007
Dec.2006
Dec.2009
Dec.2004
D
2b
Dec.2006
Dec.2009
Feb.2006
Dec.2004
D
2c
2-year priority ending Feb. 2008
Feb.2006
Nov.2009
Feb.2011
D
3
13
COMPETITIONS AND OTHER SELECTION PROCESSES BEING
CONDUCTED
PSMA Section 70

• The coming into force of subsection 29(1) of the
  new Act does not affect any competition or other
  selection process being conducted under the
  amended Act.

14
COMPETITIONS AND OTHER SELECTION PROCESSES BEING
CONDUCTED (contd)

• Competitions and other selection processes
• Being conducted or started under the amended
  Act and not finalized by CIF must be completed
  under the amended Act
• When could a competition or a other selection
  process be considered to have started?
• a competition - if the position has been
  advertised
• a without competition - if person has been
  assessed
• a reclassification if the request for review
  has been submitted by the appropriate authority
  to Human Resources or for a larger scale review,
  it has been approved by senior management
• Oath or Solemn Affirmation
• Any appointment or deployment made after the CIF
  in accordance with either the amended or the new
  Act of an individual from outside the public
  service or from organizations not subject to the
  PSEA is subject to the requirement to take the
  Oath or Solemn Affirmation

15
COMPETITIONS AND OTHER SELECTION PROCESSES BEING
CONDUCTED (contd)

• Reclassification
• If the process is initiated after CIF, the
  appointment would be made in accordance with the
  new Act and cannot be backdated prior to CIF
  however, if necessary, the pay action could be
  backdated to prior to CIF
• Specified Period Appointment
• Existing specified period appointments may
  conclude as written however,
• all extensions after CIF will be considered
  administrative actions (new Act, s. 58(2))
• unless otherwise stated (e.g. sunset program),
  all periods of time worked under both Acts will
  count toward the 3 year roll over provision

16
COMPETITIONS AND OTHER SELECTION PROCESSES BEING
CONDUCTED (contd)

• Acting Appointment
• Extensions of acting appointments under the new
  Act are not considered new appointments
• Recourse rights are determined at the point that
  the acting appointment becomes subject to merit
• Casual Employment
• Casual agreements under the amended Act may
  conclude as written however any days worked
  after CIF will count toward the 90 working days
  provision of the new Act

17
COMPETITIONS AND OTHER SELECTION PROCESSES BEING
CONDUCTED (contd)

• Pre-Qualified Pool (PQP)
• A PQP is an other selection process which is
  not subject to the establishment of eligibility
  lists
• A PQP initiated under the amended Act and valid
  at CIF, will continue under the rules of the
  amended Act. This includes the commitment to a
  reasonable expectation of appointment
• - Internal PQPs - Subject to PQP Recourse
  Regulations (except for EX appointments)
• - External PQPs - Citizenship preference does
  not apply (as it will for pools under the new
  Act)

18
COMPETITIONS AND OTHER SELECTION PROCESSES BEING
CONDUCTED (contd)

• Pre-Qualified Pool - PQP (contd)
• Existing PQP
• - the validity period for a PQP is the date
  specified in the SDAA for that specific PQP or,
  if no date specified, 2 years after the date on
  which the names of persons were added to the pool
  (PSER 5.(3)(f))
• to encourage a transition period as short as
  possible, existing PQPs should be terminated or
  converted to the new Act as soon as possible
• at CIF, no additional names are to be added to
  existing PQPs
• a PQP notice having a continuous intake should be
  removed, at the latest on CIF, and re-issued in
  accordance with the requirements of the new Act

19
ELIGIBILITY LISTS
PSMA Section 71

• An eligibility list made under the amended Act
  that is valid on the coming into force of
  subsection 29(1) of the new Act continues to be
  valid for the period provided for under
  subsection 17(2) of the amended Act, to a maximum
  of six months after the coming into force of
  subsection 29(1) of the new Act.

20
ELIGIBILITY LISTS (contd)

• Valid list on CIF maximum validity of 6 months
  after CIF (if at least 6 months remains in its
  validity)
• List established after CIF stemming from a
  process begun before CIF maximum validity of 6
  months after CIF within the 12-month period
  following CIF (exception the establishment of
  amended lists created after the initial 12-month
  period following the CIF date as a result of
  correctives measures following an allowed appeal,
  PSC investigation or court decision 3 month
  maximum validity)
• Existing list should take precedence for
  position(s) for which it was established, however
  there is no legal obligation

21
PENDING APPEALS
PSMA Section 72

• An appeal taken within the period provided for
  under section 21 of the amended Act and not
  finally disposed of on the coming into force of
  subsection 77(1) of the new Act must be dealt
  with and disposed of in accordance with the
  amended Act.

22
PENDING APPEALS (contd)

• Any appeal not concluded by the CIF date of the
  new Act will be conducted pursuant to the amended
  Act - including any related corrective measures
  such as
• the reassessment of some qualifications
• the revocation of an appointment and the possible
  reappointment of the individual
• any related appeals lodged against the corrective
  measures
• Should the PSC decide not to prescribe corrective
  measures (i.e. defect impossible to correct) and
  a new appointment process is conducted, it would
  be conducted under the new Act
• Appeals lodged after CIF as a result of an
  appointment made in accordance with the amended
  Act will be conducted pursuant to the amended Act
  including any related corrective measures (same
  as above)

23
PENDING DEPLOYMENT RECOURSE
PSMA Section 73

• A complaint made within the time and manner
  provided for under section 34.3 of the amended
  Act and not finally disposed of on the coming
  into force of subparagraph 209(1)(c)(ii) of the
  Public Service Labour Relations Act, as enacted
  by section 2 of this Act, must be dealt with and
  disposed of in accordance with the amended Act.

24
PENDING DEPLOYMENT RECOURSE (contd)

• A deployment complaint lodged against a process
  conducted in accordance with the amended Act will
  be managed pursuant to the provisions of the
  amended Act, including any related corrective
  action
• Reminder under the new Act
• deployment complaints become grievable
• subject to adjudication by PSLRB only if
  deployment was without consent (if consent was
  required)
• PSHRMAC will have responsibility for providing
  advice and guidance

25
AUDITS
PSMA Section 74.(1)

• Any audit commenced under section 7.1 of the
  amended Act that has not been completed on the
  coming into force of section 17 of the new Act
  must be dealt with and disposed of in accordance
  with the amended Act.

26
AUDITS (contd)

• Audits have commenced on the date that the
  Commission (President and Commissioners) approves
  the PSCs Annual Audit Plan (PSCAAP)
• File retention period 5 years starting after
  the last administrative action (will be a
  condition of delegation included in the
  organizations Appointment Delegation and
  Accountability Instrument (ADAI))

27
INVESTIGATIONS
PSMA Section 74.(2)

• Any investigation commenced under section 7.1 of
  the amended Act that has not been completed on
  the coming into force of section 66 of the new
  Act must be dealt with and disposed of in
  accordance with the amended Act.

28
INVESTIGATIONS (contd)

• Any investigation commenced but not completed on
  the CIF date of the new Act shall be completed
  pursuant to the amended Act
• After CIF, the PSC retains its investigative
  powers for any appointment stemming from a
  process conducted in accordance with the amended
  Act
• An investigation has commenced once the PSC
  decides to proceed

29
NOTICE OF LAY-OFF
PSMA Section 75

• If, prior to the coming into force of section 64
  of the new Act, an employee was informed under
  regulations made under subsection 29(1) of the
  amended Act that he or she would be laid off but
  was not laid off, section 29 of the amended Act
  continues to apply to the employee.

30
NOTICE OF LAY-OFF (contd)

• Provisions for the notice of lay-off will
  continue in accordance with the amended Act if
  the employee was notified, prior to CIF, that
  he/she would be laid off
• Reminder - the right of certain employees
  selected for lay-off (surplus) under the new Act
  to complain to the Public Service Staffing
  Tribunal (PSST) will only apply to those selected
  through a process started after CIF

31
EMPLOYEES on PROBATION
PSMA Section 76(1)

• Every employee who was considered to be on
  probation under section 28 of the amended Act
  immediately prior to the coming into force of
  section 61 of the new Act continues to be on
  probation until the end of any period that was
  established by regulation under section 28 of the
  amended Act.

32
EMPLOYEES on PROBATION (contd)

• Probation periods will continue under the amended
  Act and its related regulations (PSER 2000) for
  anyone on probation at CIF
• Responsibility for providing advice and guidance
  with regard to probation has been transferred
  from the PSC to the PSHRMAC (see Questions and
  Answers related to Probation and Notice Periods
  located at http//www.hrma-agrh.gc.ca/hrmm-mgrh/p
  sma-lmfp/faq/probation_e.asp)
• For the purposes of transition, it is important
  to remember that the probation period for most
  development programs is for the duration of the
  program could be as long as 4 years after CIF

33
REJECTION on PROBATION
PSMA Section 76(2)

• After the coming into force of section 62 of the
  new Act, subsection 28(2) of the amended Act
  continues to apply in respect of any employee who
  was considered to be on probation under section
  28 of the former Act immediately before the
  coming into force of section 62 of the new Act.

34
REJECTION on PROBATION (contd)

• Issues related to rejection on probation will
  continue under the amended Act for anyone on
  probation at CIF
• Responsibility for providing advice and guidance
  with regard to rejection on probation has been
  transferred from the PSC to TBS (see Guidelines
  for Rejection on Probation at http//www.tbs-sct.
  gc.ca/pubs_pol/hrpubs/TBM_11B/pr-rcs_e.asp)

35
WHAT IS BEING WORKED ON

• Transition Guide
• Questions and Answers for the PSC website
  
  (see http//www.psc-cfp.gc.ca/psea-lefp/qa/
  index_e.htmappointment)

36
REFERENCES

• Current (or amended) PSEA
• Legislation (amended PSEA and related PSER, PSEAO
  etc.)
• Staffing Manual and Modules
• Letters to Heads of Human Resources
• Organizations Staffing Delegation and
  Accountability Agreement (SDAA)
• Employer Policies (i.e. Interchange, Deployment,
  etc.)
• Departmental policies etc.

37
REFERENCES (contd)
One gateway to all acts, regulations and
reference material http//www.psc-cfp.gc.ca/centre
s/staff-dota_e.htm or (easier to
remember) http//www.psc-cfp.gc.ca (select your
language of choice, then select Guides and Tools
on the menu bar, then navigate)
38
REFERENCES

• New PSEA
• Legislation (PSMA, new PSEA and related
  regulations etc.)
• PSC Appointment Framework
• PSC Guides
• Organizations Appointment Delegation and
  Accountability Instrument (ADAI)
• Employer Policies (i.e. Standards, Promotion
  etc.)
• Departmental policies etc.

39
REFERENCES (contd)
One gateway to all acts, regulations and
reference material http//www.psc-cfp.gc.ca/psea-l
efp/index_e.htm or (easier to remember) http//w
ww.psc-cfp.gc.ca (select your language of choice,
then select The new Public Service Employment
Act (PSEA) in the Of Interest Box then select
Guides and Tools on the menu bar, then navigate)
40
QUESTIONS

• Additional questions??
• For additional information or clarification,
  please contact the PSC Strategic Staffing
  Consultant responsible for your organization or
  region
• (see http//www.psc-cfp.gc.ca/lhhr-lcrh/s
  taffcon_e.htm)