Reference List

Organizations' relationship with the Public Service Commission and the Public Service Employment Act - Explanatory notes

Introduction

The purpose of this document is to identify:

• organizations’ relationship with the Public Service Commission (PSC) and the Public Service Employment Act (PSEA);
• organizations whose appointment or other staffing processes are subject to the PSEA; and
• organizations whose employees are subject to Part 7 of the PSEA concerning political activities.

This integrated list covers:

• federal organizations listed in Schedules I, IV and V of the Financial Administration Act (FAA);
• organizations designated by the Governor in Council pursuant to subsection 35(4) of the current PSEA and subsection 37(2) of the former PSEA for mobility purposes; and
• organizations not subject to the PSEA for their appointments but whose employees have a mobility entitlement through their organization’s enabling legislation.

The core public administration consists of the departments listed in Schedule I and other organizations listed in Schedule IV for which the Treasury Board is the employer. All organizations in the core public administration are subject to the PSEA for their appointments except:

• the Canadian Dairy Commission, which has its own appointment authority; and
• the Public Service Staffing Tribunal, which has its own appointment authority, although persons it employs are subject to Part 7 of the PSEA concerning political activities. 

Appointments to or within these separate agencies listed in Schedule V are made under the authority of the PSC, in accordance with the PSEA:

• the Financial Consumer Agency of Canada;
• Indian Oil and Gas Canada;
• the National Energy Board;
• the Office of the Correctional Investigator of Canada;
• the Office of the Superintendent of Financial Institutions; and
• the Public Service Labour Relations Board.

The Canada Revenue Agency (CRA) has its own appointment authority under the Canada Revenue Agency Act. This Act provides that employees of CRA must be treated as if they were employees within the meaning of the PSEA, and they are therefore eligible to participate in appointments, deployments, and internal advertised and non-advertised appointment processes.

The Office of the Auditor General of Canada has the authority in its enabling legislation to make appointments pursuant to the relevant provisions of the Auditor General Act and the PSEA.
         
The majority of the separate agencies in Schedule V are not subject to the PSEA for their appointments. However, persons employed in these organizations are eligible to participate in internal advertised appointment processes "open to employees" (except for Staff of the Non-Public Funds and Communications Security Establishment) and "persons employed," and in internal non-advertised appointment processes "open to persons employed in the public service." Note that Part 7 of the PSEA concerning political activities applies to employees of a number of separate agencies in Schedule V that are not subject to the PSEA for their appointments.

Persons employed in organizations designated by the Governor in Council pursuant to subsection 35(4) of the current PSEA and subsection 37(2) of the former PSEA are considered to be persons employed in the public service for purposes of being eligible to participate in internal advertised appointment processes "open to persons employed in the public service."

Legend

A dot in the tabular format (PDF format) means "yes."    

• Organization Name indicates legal titles of organizations listed in alphabetical order. Where appropriate, the applied titles are included in the Comments column.
• Organization Code indicates the official three-letter code representing the organization.
• Organization Status includes codes indicating the following:
  • I     –     The organization is in Schedule I of the FAA.
  • IV   –     The organization is in Schedule IV of the FAA.
  • V    –     The organization is in Schedule V of the FAA.
  • D    –     The organization has been designated by the Governor in Council pursuant to subsection 35(4) of the current PSEA and subsection 37(2) of the former PSEA for mobility purposes in the public service.
  • Z    –     Other (see Comments column).
• Internal Advertised Appointment Process
  • Employees* - When an internal advertised appointment process is "open to employees of the public service," this includes:
    • employees of organizations listed in Schedules I and IV (except for the Canadian Dairy Commission and the 11 excluded positions in the Office of the Governor-General’s Secretary);
    • employees of the six separate agencies listed in Schedule V for which appointments are made under the authority of the PSC in accordance with the PSEA (Financial Consumer Agency of Canada, Indian Oil and Gas Canada, National Energy Board, Office of the Correctional Investigator of Canada, Office of the Superintendent of Financial Institutions, and Public Service Labour Relations Board);
    • persons employed in the separate agencies listed in Schedule V (except for Communications Security Establishment, Financial Consumer Agency of Canada, Indian Oil and Gas Canada, National Energy Board, Office of the Correctional Investigator of Canada, Office of the Superintendent of Financial Institutions, Public Service Labour Relations Board, and Staff of the Non-Public Funds); and
    • persons employed in the Senate, the House of Commons, the Library of Parliament, the Office of the Senate Ethics Officer and the Office of the Conflict of Interest and Ethics Commissioner.
  • Persons Employed* - When an internal advertised appointment process is "open to persons employed in the public service," this includes:
    • persons employed by organizations listed in Schedules I, IV and V (except the 11 excluded positions in the Office of the Governor-General’s Secretary);
    • persons employed in organizations designated by the Governor in Council;
    • persons employed in the Senate, the House of Commons, the Library of Parliament, the Office of the Senate Ethics Officer and the Office of the Conflict of Interest and Ethics Commissioner;
    • Governor in Council appointees to organizations listed in Schedules I, IV and V; and
    • persons employed in certain other organizations with mobility entitlements.            

      * Persons formerly employed for at least three years in the office of a minister, the office of the Leader of the Opposition in the Senate or the office of the Leader of the Opposition in the House of Commons are eligible to participate in internal advertised processes "open to employees of the public service" and "open to persons employed in the public service" for a one-year period after they cease to be employed.

• Internal Non-Advertised Appointment Process
  • Employees - When the area of selection for recourse is "open to employees of the public service," this includes:
    • employees of the organizations listed in Schedules I and IV (except for the Canadian Dairy Commission, the Public Service Staffing Tribunal and the 11 excluded positions in the Office of the Governor-General’s Secretary);
    • employees of the six separate agencies listed in Schedule V for which appointments are made under the authority of the PSC in accordance with the PSEA (Financial Consumer Agency of Canada, Indian Oil and Gas Canada, National Energy Board, Office of the Correctional Investigator of Canada, Office of the Superintendent of Financial Institutions, and Public Service Labour Relations Board); and
    • persons employed in those organizations whose enabling legislation deems them to be "employees" for this purpose (e.g. the Canada Revenue Agency).
  • Persons Employed* - When the area of selection for recourse is "open to persons employed in the public service," this includes:
    • persons employed by organizations listed in Schedules I, IV and V (except the 11 excluded positions in the Office of the Governor-General’s Secretary);
    • Governor in Council appointees to the organizations listed in Schedules I, IV and V; and
    • persons employed in certain other organizations with mobility entitlements.

      * Internal advertised and non-advertised appointment processes that are "open to persons employed in the public service" do not include:

      • casual workers;
      • part-time workers hired pursuant to the Part-time Work Exclusion Approval Order; and
      • students hired pursuant to the Student Employment Programs Exclusion Approval Order. These students can participate in internal advertised appointment processes only if they are specifically included in the area of selection, as provided for in the Student Employment Programs Regulations.
  • Deployable indicates those organizations from which persons can be deployed pursuant to the PSEA. It includes:
    • employees of the organizations listed in Schedules I and IV (except the Canadian Dairy Commission and the Public Service Staffing Tribunal);
    • employees of the Canada Revenue Agency;
    • employees of the separate agencies listed in Schedule V for which appointments are made under the authority of the PSC in accordance with the PSEA; and
    • persons employed in those separate agencies listed in Schedule V that have been granted an approval for deployments after the PSC has reviewed their staffing programs.

    All deployments to the core public administration, whether from separate agencies in Schedule V or organizations in Schedules I and IV whose appointments are subject to the PSEA, remain subject to employer policies and regulations established by the Treasury Board.
    
    Deployments to a separate agency in Schedule V whose appointments are subject to the PSEA are made in accordance with the policies and regulations established by the separate agency.

• Delegated indicates organizations that are subject to an Appointment Delegation and Accountability Instrumentwith the PSC.
• Oath or Affirmation - In accordance with section 54 of the PSEA, the oath or solemn affirmation must be administered when the person being appointed or deployed comes from "outside that part of the public service to which the Commission has exclusive authority to make appointments." The dot "•" in the table indicates that persons from these organizations are required to take and subscribe an oath or solemn affirmation when appointed or deployed to that part of the public service to which the PSC has the exclusive authority to make appointments.
• Political Activities indicates organizations to which Part 7 of the PSEA applies.
• Comments provides additional details on an organization, as appropriate.