Policy on Investigations Conducted under the new PSEA by the Public Service Commission at the Request of a Deputy Head

Policy Statement

The Public Service Commission (Commission) will undertake investigations at the request of the deputy head to enable the deputy head to ensure that appointment processes in the deputy head's organization are made in accordance with the Public Service Employment Act (PSEA).

The Commission, in conducting an investigation at the request of the deputy head, will do so in accordance with the Commission's standards and the investigator will submit the investigation report to the deputy head for action and the Commission for information and oversight purposes.

Policy Objective

To communicate the considerations and conditions under which the Commission will conduct an investigation into an appointment process at the request of the deputy head.

Application

This policy applies to investigations of internal appointment processes that were conducted by the deputy head acting under subsection 15(1) of the PSEA and requested by the deputy head under subsection 67(2).

Policy Requirements

In deciding whether to conduct an investigation at the request of the deputy head, the Commission will take into consideration whether:

  • the matter falls within the deputy head's jurisdiction under subsection 15(3) of the PSEA and PSC was requested to investigate under subsection 67(2);
  • the matter raises the possibility of a problem in the application of the PSEA that affected the selection for appointment or a breach of the PSEA, the Public Service Employment Regulations (PSER), Commission or organizational policies or the terms and conditions of delegation;
  • the information received indicates the possibility of a pattern of irregularities in the application of the PSEA, PSER, Commission or organizational policies or the terms and conditions of delegation;
  • there exists the possibility of implementing corrective action; and
  • sufficient resources are available within the Investigations Branch, PSC to conduct the investigation.

In conducting an investigation at the request of the deputy head, the investigator, acting on behalf of the Commission:

  • will follow the standards for PSC Investigations; and
  • will provide a copy of the investigation report to the Commission for information and oversight purposes.