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2. Guide on Priority Administration

Annex B - Frequently Asked Questions

1. What is the role of the Public Service Commission (PSC) in Work Force Adjustment (WFA) situations?

The PSC ensures that:

• Surplus employees and laid-off persons understand their priority entitlements and are referred to positions for which they are potentially qualified;
• Priority persons are fairly assessed and appointed if qualified;
• A reinstatement priority is given to all employees who are appointed to a position at a lower level.

The PSC will also, upon request, and in accordance with the Privacy Act, provide:

• The Treasury Board of Canada Secretariat (TBS) with information related to the administration of priority entitlements which may reflect an organization’s level of compliance with the WFA Appendices to the collective agreements;
• Information to bargaining agents on the numbers and status of their members who are registered in the Priority Information Management System (PIMS);
• Information to the Employer, organizations and/or bargaining agents on referrals of surplus employees and laid-off persons in order to ensure that the priority entitlements are respected.

NOTE: The WFAs and related agreements are the responsibility of TBS. For details and up-to-date text and interpretations, please consult the current WFAs and related collective agreements on the TBS Web site. These agreements are the responsibility of the Employer and all questions concerning their application and interpretation should be directed to TBS.

2. What are surplus and lay-off priorities and how are they administered?

Surplus: Surplus employees are indeterminate employees who have been informed by their deputy head that their services are no longer required, but who have not yet been laid off (Public Service Employment Act (PSEA 40) and Public Service Employment Regulations (5 (1)).

Persons with such an entitlement are eligible to be appointed ahead of all others (with certain restrictions) to any position in the public service for which they meet the essential qualifications.

Lay-off: Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside of the public service, the deputy head may, in accordance with (PSEA 64 (1), lay off the employee.

Persons laid off from their positions are eligible for a lay-off priority (PSEA 41(4) and are entitled to be appointed ahead of all others (with certain restrictions) to another position in the public service for which they meet the essential qualifications.

3. How does the PSC ensure that priority persons are considered by hiring organizations?

The PSC has a monitoring and accountability framework through which it tracks organizational staffing practices and applies corrective actions, as appropriate. The PSC Priority Administration Unit uses an automated system (PIMS) to register, refer, track and monitor all priority persons. The PSC also monitors the results of organizations' assessment of priority persons and adherence to priority entitlements.

4. Who decides if a job offer made to a surplus employee is a reasonable job offer?

It is the employee's home organization that determines whether a given job offer constitutes a reasonable job offer.

5. Who can assist priority persons who feel that they are not being supported by the organization?

Depending on the situation, priority persons may contact their organizations' human resource officers, the PSC Priority Administration Unit or their bargaining agent.

6. What does it mean when a priority person self-refers?

Self-referral is when priority persons identify themselves to an organization as being entitled to priority consideration for a position to which the PSC has not referred them. Once priority persons identify themselves as requesting priority consideration for a position, they are entitled to the same priority rights as if they had been referred by the PSC.

Note: Hiring organizations are required to verify the entitlement with the PSC and to report a priority appointment to the PSC.

7. Should an organization appoint or deploy a priority person?

It is the PSC's preference that priority persons be appointed, rather than deployed, since priority appointments require clearance. In this manner, PIMS is informed of the proposed appointment of the priority person. This ensures accurate data is captured in PIMS, resulting in effective management of the priority person’s file and accurate statistical data on Priority Administration. As an independent agency reporting to Parliament, the PSC is responsible for providing Parliamentarians and Canadians with accurate and timely information on matters related to the PSEA. PIMS is the system of record for the administration of priority persons and is the source of statistical date for organizations and the PSC. Accurate and timely input to PIMS is crucial in order for the PSC to fulfill its obligations to Parliamentarians and Canadians.

8. Is the hiring organization required to assess priority persons who self-refer to an anticipatory process, and when?

Yes, the organization must consider priority persons who self-refer to an anticipatory appointment process. Priority persons must be assessed before others, except in the case of self-referral to higher level positions, in which case the organization may assess the priority person at the same time as other persons. All assessments of priority persons must be conducted in a timely manner to ensure a priority person's entitlements are not jeopardized.

If the priority person who self-referred meets the essential qualifications and conditions of employment, the organization must request priority clearance through PIMS for their appointment.

9. What does the organization do if the priority person self-refers on an anticipatory process and is qualified but the organization cannot immediately appoint them?

In the case of anticipatory processes where the organization cannot make an immediate appointment of a qualified priority person, it is important to determine when those appointments will be made and whether this will be prior to the expiration of the priority entitlement. If the priority person's entitlement will expire before the appointment date, a current-dated letter of offer can be provided, indicating the future date of appointment, while the priority person’s entitlement is still effective. Because the offer of appointment was made and accepted during the priority entitlement period, the PSC accepts such arrangements. The PSC Priority Administration Advisor should be consulted on such cases and be provided with a copy of the letter of offer.

10. Can a priority person also ask to be considered as a candidate in an appointment process when they know that their entitlement will end before the hiring organization can establish an appointment date? Can a person be appointed after the entitlement period ends?

Because a priority person cannot be appointed after their entitlement period ends, priority persons are encouraged to apply to appointment processes and identify themselves as having a priority entitlement. In this way, the organization would proceed with their assessment and, if qualified, proceed as above (question 9). In cases where the organization cannot make the appointment now, or provide a letter of offer specifying a future appointment before the end of the priority person’s entitlement, the priority person who has applied as a candidate to the appointment process would then be treated as any other candidate.

11. What happens if a priority person accepts a term position?

A priority person who accepts a term position will continue to be referred to positions for which they may be qualified until the end of the entitlement period or the time the priority person accepts an indeterminate position.

12. Can priority persons be referred to positions at a lower level than the level of their substantive position? And what happens if a priority person accepts such a position?

Generally, the PSC refers priority persons for positions that are equivalent to the level of their substantive position. However, if priority persons request that they be referred to lower level positions in the interest of improving their chances of finding a position, the PSC will consider them for such referrals. If they accept a position at a lower level, the priority persons will benefit from a one year reinstatement priority to assist them in finding a position at the level of their former substantive position. Surplus and lay-off priorities appointed to a lower level position benefit from salary protection in accordance with the WFAD.

13. Does an employee receive remuneration when his position has been backfilled indeterminately while on an approved leave without pay?

When employees are on approved leave without pay and their position has been backfilled indeterminately, they benefit from a return from leave of absence priority entitlement. The entitlement starts on the date the position is backfilled and lasts for the remainder of the leave period, plus one year thereafter. During that one year thereafter the employee remains on leave without pay. If the person is not appointed during the entitlement period, he or she ceases to be employed at the end of the priority period (Note: leave is the responsibility of the employer, please consult the TBS policy on Terms and conditions of employment for more details).

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Date Modified:

2011-10-21