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Guidance Series - Choice of Appointment Process
Table of Contents
- 1. Introduction
- 2. Definitions
- 3. Choosing between two processes
- 4. What's new
- 5. Recourse
- 6. Things to remember
1. Introduction
The purpose of this document is to help you choose between an advertised and a non-advertised appointment process. The document is to be read and interpreted in light of the previous documents on the subject, namely:
- Choice of Appointment Process Policy
- Guide to Implementing the Choice of Appointment Process Policy
- Considerations in Choosing the Appointment Process
- Questions and Answers.
Under the previous Public Service Employment Act (PSEA), the choice of processes was referred to in terms of competitions and processes without competition. This terminology changed with the current PSEA, which now refers to the concepts of advertised appointment process and non-advertised appointment process.
PSEA values will lead managers to consider the use of advertised appointment processes more often than non-advertised processes. The PSC expects to see advertised appointment processes as the standard practice. Although non-advertised appointment processes may be used when appropriate, PSC policy requires a rigorous demonstration of how the choice of a non-advertised process respects the values of the PSEA. PSC policy also requires that the choice of appointment process be consistent with the organization's human resources plan.
Having said that, the PSC Choice of Appointment Process Policy requires that organizations:
- establish and communicate criteria for the use of non-advertised processes; and
- ensure that a written rationale demonstrates how a non-advertised process meets the established criteria and the guiding values.
When a non-advertised process is used, it is necessary to make sure that this choice meets the criteria established by the deputy head of the organization.
2. Definitions
An appointment process is either advertised or non-advertised.
An advertised appointment process must meet two conditions. First, persons in the area of selection must be informed of the appointment process. Second, they must have an opportunity to submit their applications and to show how they meet the merit criteria.
A non-advertised appointment process is a process that does not meet the conditions established for an advertised appointment process. The manager with subdelegated authority, namely the person to whom staffing powers have been entrusted, need not solicit applications. This person may simply decide to consider only one person and appoint him or her if the person meets the merit criteria. For example, he or she may appoint a person to the person's own position, which has been reclassified upwards.
In a non-advertised process, several persons can be considered. For example, three persons participating in a training program can be evaluated but only one appointed to a position. What makes the non-advertised process different from the advertised process is not the number of persons evaluated, but the fact that applications have not been solicited.
3. Choosing between two processes
In choosing a process, the subdelegated authorities should take into account the core staffing values, namely merit and non-partisanship, and the guiding values of fairness, transparency, access and representativeness.
The following factors may help the subdelegated manager choose between an advertised process and a non-advertised process:
- the professional aspirations of public servants;
- the potential pool of qualified candidates;
- the nature of the work to be done;
- sources of potential candidates, such as an inventory of prequalified candidates; and
- access to professional development opportunities.
Although the PSC expects to see advertised appointment processes as the standard practice, in some cases, a non-advertised process may better serve the professional aspirations of public servants. On the other hand, an advertised process is preferable if one wants to choose from a large pool of candidates. If the appointment is for a short time, a non-advertised process may be more efficient because it can be carried out more quickly.
3.1 Advertised appointment process
An advertised appointment process means that the subdelegated persons solicit applications. For example, a subdelegated person may post advertisements on different Web sites. This person may also participate in job fairs inside or outside the public service and announce that he or she is looking for specific applications. The person may also communicate his or her intention to fill positions in various newspapers, specialized journals or other methods of communication. The most original authorities may even put a banner on their building with the message "We are hiring". In all cases, it is nonetheless necessary to meet the minimum advertising requirements.
Among the advantages of this type of process: it should be mentioned that it is transparent, facilitates access for potential candidates and can foster employment equity.
Among the disadvantages of this process: it should be mentioned that it requires additional resources, may not meet urgent needs and can result in delays.
3.2 Non-advertised appointment process
This is an appointment process that does not meet the conditions established for an advertised appointment process, and that is based on predetermined organizational criteria. Organizations are responsible for developing and communicating these criteria.
In a non-advertised appointment process, a subdelegated person does not intend to solicit applications, but is going to propose an appointment on the basis of predefined merit criteria. For example, the sub-delegated person may make a selection from an inventory and propose an appointment. He or she may also hire a recruitment officer and target a candidate profile on the basis of various competencies. He or she may also reappoint a public servant to that person's own position reclassified upwards. Moreover, this process may be internal or external, as defined above.
Among the advantages of this type of appointment process, it should be mentioned that it is efficient and can be carried out quickly. This type of appointment also meets urgent needs associated with the operations of a program.
Among the disadvantages of this type of appointment process, it should be mentioned that it may not respect the guiding values and that it does not facilitate access for potential candidates. It may even create a feeling of frustration in the work group where the appointment is made.
As mentioned above, a non-advertised appointment process may be used provided that the organizational criteria allow it. The following are some examples of situations that could lend themselves to a non-advertised appointment process. (This list is not exhaustive):
- acting appointments;
- promotion of a person to a position that he or she held when the position was reclassified;
- the planned appointment is a position belonging to a professional group where there is a shortage;
- the appointment is made in a remote region, and it is unlikely that an advertised appointment process would make it possible to find qualified individuals within the required time frame;
- appointment of a person in a professional development program;
- appointment of a highly specialized person, which must be carried out quickly so that the opportunity to hire the person will not be lost, in the case, for example, of a renowned member of the university or a person who has recognized expertise;
- the appointment must be made as soon as possible so as not to jeopardize a project or program jointly funded by the federal government and by a partner from another sector, such as the private sector or another level of government;
- the appointment follows a transfer of responsibilities to the federal government and the proposed individual was employed by the organization concerned at the time of the transfer;
- the appointment of a person who is a member of a group targeted by employment equity in the context of an employment equity program, making it possible to increase or consolidate the representativeness of these groups; and
- the appointment of a person in an emergency. (It should be noted that good planning should make it possible to avoid most emergencies.)
It may be that the appointment of a person from within or to the public service following a non-advertised process is justified by circumstances not described above. In all cases, it is necessary to analyze the situation carefully and act within the framework of the organization's human resources planning. It is also necessary to observe the organizational criteria and the guiding values and appointment principles stipulated in the accountability framework.
4. What's new
- Subdelegated persons are not required to appoint persons already working in the public service before appointing persons from outside the public service.
- The choice must be based on human resources planning and must take into account the organization's needs and requirements.
- The choice of a non-advertised process must be based on criteria established in advance by the organization.
- The new definition of merit gives subdelegated persons considerable flexibility in selecting candidates. The definition includes, in particular, the concepts of organizational needs, operational requirements and qualifications that constitute an asset. These considerations complete the essential qualifications that are used as a basis for certifying the competency of individuals.
5. Recourse
One of the grounds for complaints before the Public Service Staffing Tribunal is the abuse of power in choosing between an advertised appointment process and a non-advertised appointment process. It is thus important to evaluate carefully the conditions under which this choice is made.
6. Things to remember
- What counts is respect for values, particularly transparency.
- Move off the beaten path and show originality.
- Define the criteria governing the use of non-advertised processes, and communicate these criteria to all staff.
- Consult the human resources plan, and choose the type of appointment process (advertised or non-advertised, from within or to the public service).
- Encourage the development of monitoring mechanisms to ensure that the new legislative provisions are well understood and applied by those involved in the process.
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