Reference List

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

Important Notice: This list is intended to be a work in progress. It will be updated periodically to remain as accurate as possible. It was last updated in April 2016.

Introduction

This document provides information on those organizations that are named in Schedules I, IV and V of the Financial Administration Act (FAA) and in which appointments and deployments are made in accordance with the Public Service Employment Act (PSEA) or with another Act, as well as organizations that are subject to other provisions of the PSEA.

It indicates whether an organization is subject to an appointment delegation and accountability instrument with the Public Service Commission (PSC); whether persons it employs are subject to Part 7 (political activities) of the PSEA; and whether, for mobility purposes, it is designated by the Governor in Council (GiC) in accordance with subsection 35(4) of the PSEA.

It also indicates whether employees or persons employed in an organization are eligible for internal appointment processes, whether they can be deployed, and whether they have mobility or priority appointment rights in accordance with the PSEA or with the Public Service Employment Regulations (PSER).

Definitions

The “core public administration” (administration publique centrale) 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”. These organizations 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.

An “employee” (fonctionnaire) 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 with 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 to the FAA;
  • the organizations named in Schedule IV to the FAA, with the exception of:
  • the following five separate agencies named in Schedule V to the FAA:
    • the Financial Consumer Agency of Canada;
    • Indian Oil and Gas Canada;
    • the National Energy Board (NEB);
    • the Correctional Investigator of Canada; and
    • the Office of the Superintendent of Financial Institutions Canada.

A “person employed” (personne employée) is not defined in the PSEA. “Persons employed” includes:

  • employees;
  • persons employed in the CDC;
  • persons employed in separate agencies;
  • persons employed in organizations designated by the GiC;
  • persons whose appointments by those organizations to which the Commission has the authority to make appointments are made in accordance with legislation other than the PSEA, such as the Canadian Space Agency Act and the Statistics Act;
  • persons appointed by the GiC to organizations named in Schedules I, IV, and V to the FAA;
  • employees on assignment or secondment;
  • employees appointed on an acting basis; and
  • Royal Canadian Mounted Police (RCMP) members.

The “public service” (fonction publique) is defined in the PSEA as “the several positions in or under the departments named in Schedule I to the Financial Administration Act; the organizations named in Schedule IV to that Act; and the separate agencies named in Schedule V to that Act”.

A “separate agency” (organisme distinct) 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 five separate agencies and the Office of the Auditor General of Canada (OAG), have their own appointment authority conferred by their respective enabling legislation, and are therefore not subject to the PSEA for their appointments or other staffing processes.

Eligibility

Organizations named in Schedules I and IV to the FAA

Employees of the organizations named in Schedules I and IV to the FAA are eligible for internal appointment processes that are open to “employees of the public service” and to “persons employed in the public service”. They can be deployed to organizations whose appointments are made in accordance with the PSEA.

Persons employed in the organizations named in Schedules I and IV to the FAA are eligible for internal appointment processes that are open to “persons employed in the public service”. They cannot be deployed to organizations whose appointments are made in accordance with the PSEA.

Persons employed in the CDC are eligible for internal appointment processes that are open to “persons employed in the public service”. They cannot be deployed to organizations whose appointments are made in accordance with the PSEA.

Separate Agencies named in Schedule V to the FAA

All separate agencies, with the exception of five, have their own appointment authority in their respective enabling legislation, and are not subject to the PSEA for their appointments or other staffing processes. In accordance with subsection 35(1) of the PSEA, persons employed in these separate agencies are eligible for advertised internal appointment processes that are open to “employees of the public service” and to “persons employed in the public service”. They are eligible for non-advertised internal appointment processes that are open to “persons employed in the public service”. These persons cannot be deployed to organizations whose appointments are made in accordance with the PSEA, except those employed in the separate agencies from which the PSC has approved deployments in accordance with subsection 51(2) of the PSEA. They are the Canadian Food Inspection Agency, the Canadian Nuclear Safety Commission, Parks Canada and the Security Intelligence Review Committee.

Employees of the five separate agencies are eligible for internal appointment processes that are open to “employees of the public service” and to “persons employed in the public service”. They can be deployed to organizations whose appointments are made in accordance with the PSEA.

Persons employed in the five separate agencies are eligible for internal appointment processes that are open to “persons employed in the public service”.

Two separate agencies, the Staff of the Non-Public Funds (NPF) and the Communications Security Establishment Canada (CSE), do not have their own appointment authority in their respective enabling legislation, and their positions and the persons they employ are excluded from the PSEA by exclusion approval orders. Persons employed in these two separate agencies are therefore eligible only for internal appointment processes that are open to “persons employed in the public service”. They cannot be deployed to organizations whose appointments are made in accordance with the PSEA.

The OAG: The OAG's enabling legislation, the Auditor General Act, provides that its 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 appointment processes that are open to “employees of the public service” and to “persons employed in the public service”. They can be deployed to organizations whose appointments are made in accordance with the PSEA.

The Canada Revenue Agency (CRA): The CRA has its own appointment authority in its enabling legislation, the Canada Revenue Agency Act. This Act provides that persons employed in the CRA must be treated as if they were employees within the meaning of the PSEA. Persons employed at the CRA are therefore eligible for internal appointment processes that are open to “employees of the public service” and to “persons employed in the public service”. They can be deployed to organizations whose appointments are made in accordance with the PSEA.

Polar Knowledge Canada (POLAR): The POLAR has its own appointment authority in its enabling legislation, the Canadian High Arctic Research Station Act. However, this Act provides that persons employed in POLAR must be treated as if they were employees within the meaning of the PSEA. Persons employed at POLAR are therefore eligible for internal appointment processes that are open to “employees of the public service” and to “persons employed in the public service”. They can be deployed to organizations whose appointments are made in accordance with the PSEA.

Other Mobility Provisions

Parliamentary Employees: In accordance with 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, the Office of the Conflict of Interest and Ethics Commissioner, and the Parliamentary Protective Service are eligible for advertised internal appointment processes that are open to “employees of the public service” and to “persons employed in the public service”. This provision does not apply to persons employed in a Member of Parliament's constituency or parliamentary office or in a Senator's office. These persons cannot be deployed to organizations whose appointments are made in accordance with the PSEA.

Former Ministers' Staffs: In accordance with 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 advertised internal appointment processes that are open to “employees of the public service” and to “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 cannot be deployed to organizations whose appointments are made in accordance with the PSEA. For additional information, please visit the Mobility provision for former ministers' staff web page.

Former Incumbents of an Excluded Position in the OSGG: In accordance with section 4.1 of the Office of the Governor General's Secretary Employment Regulations, former incumbents of an excluded position who were appointed on or after September 23, 2010, and who were employed for at least three years in one or more of those positions consecutively, are eligible for advertised internal appointment processes that are open to “employees of the public service” and to “persons employed in the public service” for one year after they cease to be so employed. These former incumbents must submit a letter of confirmation, provided by the PSC, with their application to appointment processes. They cannot be deployed to organizations whose appointments are made in accordance with the PSEA. For additional information, please visit the Mobility provision for persons formerly employed in an excluded position at the Office of the Governor General's Secretary web page.

Canadian Forces Members: In accordance with section 35.1 of the PSEA, Canadian Forces members who have accumulated at least three years of service and are not employed in the public service for an indeterminate period are eligible for advertised internal appointment processes regardless of the area of selection. They must meet, if applicable, any area of selection criterion in relation to belonging to an employment equity designated group. They cannot be deployed to organizations whose appointments are made in accordance with the PSEA.

Veterans: In accordance with section 35.11 of the PSEA, veterans who have served at least three years in the Canadian Forces, have been honourably released 1 and are not employed in the public service for an indeterminate period, are, during a period of five years after their date of release, eligible to advertised internal appointment processes, regardless of the area of selection. They must meet, if applicable any area of selection criterion in relation to belonging to an employment equity designated group. They cannot be deployed to organizations whose appointments are made in accordance with the PSEA.

Students: Students appointed in accordance with the Student Employment Programs Participants Exclusion Approval Order are eligible for advertised internal appointment processes only if they are specifically included in the area of selection, as provided by the Student Employment Programs Participants Regulations. They cannot be deployed to organizations whose appointments are made in accordance with the PSEA.

Organizations Designated by the GiC: In accordance with subsection 35(2) of the PSEA, persons employed in organizations designated by the GiC are eligible for advertised internal appointment processes that are open to “persons employed in the public service”. They cannot be deployed to organizations whose appointments are made in accordance with the PSEA. These organizations are listed in the schedule to the Order designating Certain Portions of the Federal Public Administration.

Organizations with mobility entitlements in their enabling legislation: Several organization's enabling legislation provides that certain persons employed in those organizations are eligible for internal appointment processes that are open to “persons employed in the public service” (see Comments section).

Casual Workers, Locally-Engaged Staff and Part-time Workers: Casual workers, locally-engaged staff appointed in accordance with the Locally-Engaged Staff Exclusion Approval Order and part-time workers appointed in accordance with the Part-time Work Exclusion Approval Order are not eligible for internal appointment processes. They cannot be deployed to organizations whose appointments are made in accordance with the PSEA.

Priority Persons: The PSEA and the PSER provide an entitlement, for limited periods, for certain classes of persons who meet specific conditions to be appointed in priority of others. There are eleven priority types, which are described in the PSC Guide on Priority Administration. Areas of selection do not apply to persons who are entitled to a priority for appointment.

Lifeline provisions: The PSC's Appointment Delegation and Accountability Instrument provides that Veterans Affairs Canada headquarters employees whose substantive positions are located in Charlottetown, and NEB employees (employed in the NEB prior to July 1, 1996) whose substantive positions are located in Calgary are eligible for advertised internal appointment processes that are open to employees of or persons occupying positions in the National Capital Region.

Legend

  • Organization Name indicates the applied title of each organization, and is listed in alphabetical order. Where appropriate, the legal title of the organization is included in the Comments section.
  • Organization Code indicates the official three-letter code representing the organization.
  • Organization Status indicates the organization's statutory link with the PSEA. See Comments section for additional information.
  • Advertised Internal Appointment Processes
    • Employees – When an advertised internal appointment process is open to “employees of the public service”, it includes:
      • employees of the organizations named in Schedules I and IV to the FAA (except those appointed or deployed in accordance with the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order);
      • employees of the five separate agencies;
      • persons employed in the OAG;
      • persons employed in the CRA;
      • persons employed in POLAR;
      • persons employed in the separate agencies (except those employed in NPF, CSE, and the five separate agencies);
      • persons employed in the Senate, the House of Commons, the Library of Parliament, the Office of the Senate Ethics Officer, the Office of the Conflict of Interest and Ethics Commissioner, and the Parliamentary Protective Service;
      • 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;
      • former incumbents of an excluded position in the OSGG, who were appointed on or after September 23, 2010, and who were employed for at least three years in an excluded position, or in one or more of those positions consecutively, for a one-year period after they cease to be so employed;
      • members of the Canadian Forces, who have accumulated at least three years of service and are not employed in the public service for an indeterminate period;
      • Veterans who have served at least three years in the Canadian Forces, have been honourably released and are not employed in the public service for an indeterminate period; and
      • persons employed in certain other organizations with mobility entitlements in their enabling legislation. See Comments section.
    • Persons Employed – When an advertised internal 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 to the FAA (except those appointed or deployed in accordance with the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order);
      • persons employed in organizations designated by the GiC;
      • persons employed in the Senate, the House of Commons, the Library of Parliament, the Office of the Senate Ethics Officer, the Office of the Conflict of Interest and Ethics Commissioner, and the Parliamentary Protective Service;
      • 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;
      • former incumbents of an excluded position in the OSGG, who were appointed on or after September 23, 2010, and who were employed for at least three years in an excluded position, or in one or more of those positions consecutively, for a one-year period after they cease to be so employed;
      • persons appointed by the GiC to organizations named in Schedules I, IV and V to the FAA;
      • members of the Canadian Forces, who have accumulated at least three years of service and are not employed in the public service for an indeterminate period;
      • veterans who have served at least three years in the Canadian Forces, have been honourably released and are not employed in the public service for an indeterminate period;
      • RCMP members; and
      • persons employed in certain other organizations with mobility entitlements in their enabling legislation. See Comments section.
  • Non-Advertised Internal Appointment Processes
  • Deployable indicates the organizations from which persons can be deployed in accordance with the PSEA. It includes:
    • employees of the organizations named in Schedules I and IV to the FAA (except those appointed or deployed in accordance with the Statistics Canada Census and Survey Related Term Employment Exclusion Approval Order);
    • employees of the five separate agencies;
    • persons employed in the OAG;
    • persons employed in the CRA;
    • persons employed in POLAR; and
    • persons employed in those separate agencies named in Schedule V to the FAA for which the PSC has approved deployments (the Canadian Food Inspection Agency, the Canadian Nuclear Safety Commission, Parks Canada 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 five separate agencies are subject to the policies established by the separate agency.
  • Delegation of Authority indicates organizations for which the deputy head has been delegated appointment and appointment-related authorities by the PSC. Delegated organizations are subject to the terms and conditions of the Appointment Delegation and Accountability Instrument.
  • 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 which persons are subject to Part 7 of the PSEA:
    • employees of the organizations named in Schedules I, IV and V to the FAA; and
    • persons employed in a number of separate agencies, whose respective enabling legislation provides that they are subject to Part 7. See Comments section.
  • Priorities indicates organizations that are subject to the priority for appointment provisions in the PSEA and in the PSER.
  • Comments provides additional details on an organization, as appropriate.

Footnote

Footnotes

Footnote 1

Within the meaning of chapter 15 of the Queen's Regulations and Orders for the Canadian Forces

Return to footnote 1 referrer