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Organizations' Statutory Links with the Public Service Commission and the Public Service Employment Act - Explanatory Notes

Introduction

This document identifies organizations:

• whose appointments or deployments are subject to the Public Service Employment Act PSEA;
• whose appointments or other staffing processes are subject to legislation other than the PSEA;
• whose employees are subject to Part 7 of the PSEA concerning political activities;
• that are named in Schedules I, IV and V of the Financial Administration Act (FAA);
• that are designated by the Governor in Council pursuant to subsection 35(4) of the PSEA for mobility purposes; and
• that are not subject to the PSEA for their appointments but whose employees have a mobility entitlement through their organization’s enabling legislation.

Definitions

“Employee” is defined in the PSEA as a “person employed in that part of that public service to which the Commission has exclusive authority to make appointments”. Subsection 29(1) of the PSEA provides the PSC the authority to make appointments to and within the public service of persons for whose appointment there is no authority in or under any other Act of Parliament. Therefore, an employee is a person appointed by the PSC in accordance with the PSEA to or within:

• the departments named in Schedule I of the FAA;
• the organizations named in Schedule IV of the FAA,with the exception of:
  • the Canadian Dairy Commission (CDC) and the Public Service Staffing Tribunal (PSST), which have their own appointment authority in their respective enabling legislation – persons employed in the CDC and the PSST are therefore not “employees” as defined in the PSEA; and
  • the 11 positions in the Office of the Governor General’s Secretary (OGGS) that are excluded by the Office of the Governor-General’s Secretary Exclusion Approval Order - the occupants of these positions are neither “employees”  as defined in the PSEA nor “persons employed”;
• the following six separate agencies named in Schedule V of the FAA:
  • 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.

A “person employed” in the public service is not defined in the PSEA. “Persons employed” includes employees, persons employed in separate agencies, persons employed in designated organizations, persons whose appointments are made in accordance with other legislation, such as the Canadian Dairy Commission Act and the Statistics Act, Governor in Council appointees to organizations named in Schedules I, IV, and V of the FAA, persons with mobility entitlements in their organization’s enabling legislation, employees on assignment or secondment from outside the organization, employees appointed on an acting basis from outside the organization, RCMP members, and others.

The “core public administration” is defined in the FAA as “the departments named in Schedule I and the other portions of the federal public administration named in Schedule IV”, and have the Treasury Board as the employer. Appointments to and within organizations in the core public administration are made in accordance with the PSEA, except the CDC and the PSST, which have their own appointment authority in their enabling legislation.

"Separate agency" is defined in the PSEA as “an organization named in Schedule V to the Financial Administration Act”. Each separate agency is its own employer. All separate agencies, except the six separate agencies and the Office of the Auditor General, have their own appointment authority in their respective enabling legislation, and they are therefore not subject to the PSEA for their appointments or other staffing processes.

Eligibility

Separate Agencies

Employees of the six separate agencies are eligible for internal advertised and non-advertised appointment processes that are open to “employees” and “persons employed”, and for deployments. However, persons employed in the six separate agencies are eligible only for internal advertised and non-advertised appointment processes that are open to “persons employed”.

Two separate agencies, the Staff of the Non-Public Funds (NPF) and the Communications Security Establishment (CSE) do not have their own appointment authority in their enabling legislation, but are excluded from the application of the PSEA by exclusion approval orders. Persons employed in these two separate agencies are therefore eligible only for internal advertised and non-advertised appointment processes that are open to “persons employed”. They are not eligible for deployments.

The Office of the Auditor General of Canada (OAG): The OAG’s enabling legislation, the Auditor General Act, provides that appointments are made in accordance with the relevant provisions of that Act and the PSEA. Persons employed at the OAG are deemed to be “employees” as defined in the PSEA, and they are therefore eligible for internal advertised and non-advertised appointment processes that are open to “employees” and “persons employed”, and for deployments.

The Canada Revenue Agency (CRA): The CRA has its own appointment authority in its enabling legislation, the Canada Revenue Agency Act. However, this Act provides that persons employed at the CRA must be treated as if they were employees within the meaning of the PSEA, and they are therefore eligible for internal advertised and non-advertised appointment processes that are open to “employees” and “persons employed”, and for deployments.

The remaining separate agencies have their own appointment authority, and are not subject to the PSEA for their appointments or other staffing processes. Pursuant to subsection 35(1) of the PSEA, persons employed in these separate agencies are eligible for internal advertised appointment processes that are open to “employees of the public service” and “persons employed in the public service”. They are also eligible for internal non-advertised appointment processes that are open to “persons employed in the public service”. Persons employed in these separate agencies are not eligible for deployments, except for those employed in the Canadian Food Inspection Agency, the Parks Canada Agency, the National Round Table on the Environment and the Economy, and the Security Intelligence Review Committee.

Other Mobility Provisions

Public Service Staffing Tribunal: Pursuant to subsection 35(3) of the PSEA, persons employed in the PSST are eligible for internal advertised appointment processes open to “employees of the public service” and “persons employed in the public service”. They are also eligible for internal non-advertised appointment processes open to “persons employed in the public service”. They are not eligible for deployments.

Parliamentary Employees: Pursuant to section 35.3 of the PSEA, 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 are eligible for internal advertised appointment processes that are open to “employees of the public service” and “persons employed in the public service”. They are not eligible for deployments. This section does not apply to persons employed in a Member of Parliament's constituency or parliamentary office or in a Senator's office.

Former Ministers’ Staffs: Pursuant to section 35.2 of the PSEA, persons who were formerly employed for at least three years in the office of a minister, the Leader of the Opposition in the Senate, or Leader of the Opposition in the House of Commons, or any of those offices successively, are eligible for internal advertised appointment processes that are open to “employees of the public service” and “persons employed in the public service” for one year after they cease to be so employed. These persons must submit a letter of confirmation, provided by the PSC, with their application to appointment processes. They are not eligible for deployments.

Persons formerly employed in an excluded position in the Office of the Governor General’s Secretary: Pursuant to section 4.1 of the Office of the Governor General’s Secretary Employment Regulations, persons who were formerly employed for at least three years in one of the 11 excluded positions in the OGGS, or in one or more of those positions consecutively, are eligible for internal advertised appointment processes that are open to “employees of the public service” and “persons employed in the public service” for one year after they cease to be so employed. These persons must submit a letter of confirmation, provided by the PSC, with their application to appointment processes. They are not eligible for deployments.

Canadian Forces Members: Pursuant to section 35.1 of the PSEA, Canadian Forces members are eligible for internal advertised appointment processes only if they are specifically included in the area of selection. They are not eligible for deployments.

Students: Students appointed pursuant to the Student Employment Programs Participants Exclusion Approval Order are eligible for internal advertised appointment processes only if they are specifically included in the area of selection, as provided for in the Student Employment Programs Participants Regulations. They are not eligible for deployments.

Organizations Designated by the Governor in Council: Pursuant to subsection 35(2) of the PSEA, persons employed in organizations designated by the Governor in Council are eligible for internal advertised appointment processes that are open to “persons employed in the public service”. They are not eligible for deployments.

Casual Workers and Part-time Workers: Casual workers, and part-time workers hired pursuant to the Part-time Work Exclusion Approval Order, are not eligible for internal appointment processes, or for deployments.

Legend

• 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 department is named in Schedule I of the FAA.
  • IV – the organization is named in Schedule IV of the FAA.
  • V – the separate agency is named in Schedule V of the FAA.
  • D – the organization has been designated by the Governor in Council.
  • Z – other (see Comments column).
• Internal Advertised Appointment Processes
  • Employees - When an internal advertised appointment process is open to “employees of the public service”, it includes:
    • employees of the organizations named in Schedules I and IV of the FAA (except the persons occupying the 11 excluded positions in the OGGS, and employees appointed or deployed pursuant to the current Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order or the former Statistics Canada Census-Related Term Employment Exclusion Approval Order);
    • employees of the OAG and the six separate agencies named in Schedule V of the FAA;
    • persons employed in the CRA;
    • persons employed in the PSST;
    • persons employed in the separate agencies named in Schedule V of the FAA (except persons employed in NPF, CSE, and the six separate agencies);
    • 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 who were formerly employed for at least three years in the office of a minister, the Leader of the Opposition in the Senate, or the Leader of the Opposition in the House of Commons, or in any of those offices successively, for a one-year period after they cease to be so employed;
    • persons who were formerly employed for at least three years in one of the 11 excluded positions in the OGGS, or in one or more of those positions consecutively, for a one-year period after they cease to be so employed; and
    • persons employed in certain other organizations with mobility entitlements in their enabling legislation (See Comments column).
  • Persons Employed - When an internal advertised appointment process is open to “persons employed in the public service”, it includes:
    • employees of and persons employed in the organizations named in Schedules I, IV and V of the FAA (except the persons occupying the 11 excluded positions in the OGGS, and employees appointed or deployed pursuant to the current Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order or the former Statistics Canada Census-Related Term Employment Exclusion Approval Order);
    • 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;
    • persons who were formerly employed for at least three years in the office of a minister, the Leader of the Opposition in the Senate, or the Leader of the Opposition in the House of Commons, or in any of those offices successively, for a one-year period after they cease to be so employed;
    • persons who were formerly employed for at least three years in one of the 11 excluded positions in the OGGS, or in one or more of those positions consecutively, for a one-year period after they cease to be so employed;
    • Governor in Council appointees to organizations named in Schedules I, IV and V of the FAA; and
    • persons employed in certain other organizations with mobility entitlements in their enabling legislation (See Comments column).
• Internal Non-Advertised Appointment Processes
  • Employees - When the area of selection for recourse is open to “employees of the public service”, it includes:
    • employees of the organizations named in Schedules I and IV of the FAA (except the persons occupying the 11 excluded positions in the OGGS, and employees appointed or deployed pursuant to the current Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order or the former Statistics Canada Census-Related Term Employment Exclusion Approval Order);
    • employees of the OAG and the six separate agencies named in Schedule V of the FAA;
    • persons employed in the CRA; and
    • persons employed in certain other organizations with mobility entitlements in their enabling legislation (See Comments column).
  • Persons Employed - When the area of selection for recourse is open to “persons employed in the public service”, it includes:
    • employees of and persons employed in the organizations named in Schedules I, IV and V of the FAA (except the persons occupying the 11 excluded positions in the OGGS, and employees appointed or deployed pursuant to the current Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order or the former Statistics Canada Census-Related Term Employment Exclusion Approval Order);
    • Governor in Council appointees to the organizations named in Schedules I, IV and V of the FAA; and
    • persons employed in certain other organizations with mobility entitlements in their enabling legislation (See Comments column).
• Deployable indicates the organizations from which persons can be deployed pursuant to the PSEA. It includes:
  • employees of the organizations named in Schedules I and IV of the FAA (except the persons occupying the 11 excluded positions in the OGGS, persons employed in the CDC and in the PSST, and employees appointed or deployed pursuant to the current Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order or the former Statistics Canada Census-Related Term Employment Exclusion Approval Order);
  • employees of the OAG and the six separate agencies named in Schedule V of the FAA;
  • persons employed in the CRA; and
  • persons employed in those separate agencies named in Schedule V of the FAA for which the PSC has approved deployments in accordance with subsection 51(2) of the PSEA (the Canadian Food Inspection Agency, the Parks Canada Agency, the National Round Table on the Environment and the Economy, and the Security Intelligence Review Committee).
    
    Deployments to the core public administration are subject to the policies and regulations established by the Treasury Board.
    
    Deployments to the OAG and to the six separate agencies named in Schedule V of the FAA are subject to the policies and regulations established by the separate agency.

• Delegated indicates organizations that are subject to an Appointment Delegation and Accountability Instrument with the PSC.
• Oath or Affirmation indicates who is required to take and subscribe an oath or solemn 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”.
• Political Activities indicates organizations to which Part 7 of the PSEA applies. Part 7 also applies to the PSST and to a number of separate agencies named in Schedule V of the FAA that are not subject to the PSEA for their appointments.
• Comments provides additional details on an organization, as appropriate.

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Date Modified:

2011-10-25