Priority Administration
Overview
The Public Service Commission (PSC) is responsible for administering and overseeing the provisions of the Public Service Employment Act and the Public Service Employment Regulations regarding priority entitlements and monitoring of staffing practices in relation to the legislative framework for priorities. Exceptional clauses provide an entitlement, for limited periods, for certain classes of persons who meet specific conditions to be appointed in priority of others to vacant positions in the federal public service.
The PSC currently manages nine types of priority entitlements that help people cope with changes in life and employment; these include becoming disabled, work force adjustment, returning from extended leave, relocating with a spouse or common-law partner or being medically released from the Canadian Forces or the Royal Canadian Mounted Police. Detailed information is provided in the Guide on Priority Administration.
The following lists and briefly describes the priority provisions of the PSEA and the PSER. Additional details about each priority type are provided in Part II of this Guide.
Statutory priorities
The priority entitlements within the PSEA are referred to as “statutory priorities”. Persons with a statutory priority are appointed ahead of all others, in the following order:
- An organization's own surplus employees who have been informed by their deputy head that their services are no longer required, but before any lay-off becomes effective (PSEA, section 40);
- Note: An employee who is surplus from another organization has a priority under PSER, section 5;
- Leave of absence: Employees on leave of absence, where their positions have been staffed indeterminately, or the employees who replaced them on an indeterminate basis if they are displaced when the employee returns from leave (PSEA, subsection 41(1)); and
- Lay-offs: Persons who have been laid off pursuant to subsection 64(1) of the PSEA, due to a lack of work, the discontinuance of a function or the transfer of work or a function outside the public service (PSEA, subsection 41(4)).
Regulatory priorities
The priority entitlements within the PSER are referred to as “regulatory priorities”. Persons with a regulatory priority are appointed after persons with a statutory priority, but in no relative order.
- Surplus employees: Employees from other organizations who have been advised by their deputy head that their services are no longer required, but before any lay-off becomes effective (PSER, section 5);
- Note: Within their own organization, a surplus employee has a statutory priority under the PSEA, section 40.
- Employee who becomes disabled: Employees who become disabled and who, as a result of the disability, are no longer able to carry out the duties of their position (PSER, section 7);
- Canadian Forces (CF) or Royal Canadian Mounted Police (RCMP): Certain members released or discharged for medical reasons (PSER, section 8);
- Relocation of spouse or common-law partner: Indeterminate employees who have been granted leave for such relocations, whose positions have not been staffed indeterminately (PSER, section 9);
- Reinstatement: Certain priority persons who were appointed or deployed to a position in the public service at a lower level (PSER, section 10); and
- Surviving Spouse or Common-law Partner: Surviving spouses or common-law partners of persons employed in the public service, the CF or the RCMP, whose death is attributable to the performance of duties.
PIMS is a tool to help human resources (HR) professionals administer priority entitlements.