Part I - General information applicable to all priority entitlement types

1.1 Overview

The Public Service Employment Act (PSEA) and Public Service Employment Regulations (PSER) govern appointments to positions in the public service. Among their provisions are exceptional clauses that provide an entitlement, for limited periods, for certain persons who meet specific conditions, to be appointed in priority to all others.

Priority entitlements help persons cope with career transitions due to various life and employment events such as Workforce Adjustment (WFA), being unable to carry out the duties of their position, being medically released or discharged from the Canadian Armed Forces (CAF) or Royal Canadian Mounted Police (RCMP), returning from extended leave or relocating with one's spouse or common-law partner. The entitlements also provide continuity of employment, help the employer retain skilled employees and meet its obligations in WFA.

By virtue of their delegated staffing authority, deputy heads share the goals and values of the Public Service Commission (PSC) in respecting priority entitlements and the PSEA and PSER throughout all aspects of their staffing activities, including the fair and transparent consideration of persons with a priority entitlement. Please see the PSC Appointment Policy for more information.

Organizations' relationship to the Public Service Employment Act and priority entitlements

There are approximately 80 organizations that are subject to the PSEA for staffing purposes, including five separate agencies. Employees of these five agencies are entitled to priority entitlements. In the case of surplus and lay-off priority entitlements, please refer to Chapters Two and Three in Part II of this Guide for more information on how these specific entitlements apply to the organizations listed below.

The separate agencies subject to the PSEA are:

Office of the Correctional Investigator of Canada;
Financial Consumer Agency of Canada;
Indian Oil and Gas Canada;
Canada Energy Regulator; and
Office of the Superintendent of Financial Institutions.

1.2 Priority types

The following lists and briefly describes the priority provisions of the PSEA and the PSER. Additional information about each priority type is 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 entitlement are appointed ahead of all others, in the following order:

Canadian Armed Forces (CAF) members released for medical reasons attributable to service as determined by Veterans Affairs Canada (PSEA subsection 39.1(1)). All CAF members, including regular force, reserve force and special force are eligible
- Note: A CAF member who is medically released for reasons not attributable to service has a priority entitlement under PSER, subsection 8(1)
An organization's own surplus employees who have been informed by their deputy head that their services are no longer required, but have not been laid off from the public service (PSEA, section 40)
- Note: An employee who is surplus from another organization has a priority entitlement under PSER, subsection 5(1)
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))
Lay-off: Persons who have been laid off from the public service 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, subsection 5(1))
- Note: Within their own organization, a surplus employee has a statutory priority entitlement under the PSEA, section 40
Employees unable to carry out their duties: Employees who, as a result of a disability, are no longer able to carry out the duties of their position (PSER, subsubsection 7(1))
Royal Canadian Mounted Police (RCMP) members: Certain members discharged for medical reasons (PSER, subsection 7.1(1))
Canadian Armed Forces (CAF) members: Certain members released for medical reasons not attributable to service (PSER, subsection 8(1)). Only members of the regular force, the special force, the reserve force on Class B service of more than 180 consecutive days or on Class C reserve service are eligible.
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, subsection 9(1))
Reinstatement: Certain persons with a priority entitlement who were appointed or deployed to a position in the public service at a lower level, and employees referred to PSER subsection 7(1) or 9(1) who hold substantive positions that are at a lower level than the positions they held immediately before they became entitled to priority under one of those provisions, if their period of employment in those positions were converted to indeterminate under subsection 59(1) of the Act (PSER, subsection 10(1)) (PSER, subsection 10(1))
Surviving spouse or common-law partner: Surviving spouses or common-law partners of persons employed in the public service, the CAF or the RCMP, whose death is attributable to the performance of duties (PSER, subsection 8.1(1))

1.3 Nature of entitlements

Priority entitlements are not “granted” at the discretion of either the PSC or other organizations in the public service. Persons who meet the conditions specified in the PSEA or the PSER automatically acquire a right that is guaranteed by law. The entitlement is, therefore, not dependent on the person being registered and activated in the PSC’s Priority Information Management System (PIMS).

Please refer to Part II of this Guide and the specific chapters for further information specific to each priority entitlement.

Broad application

Why consider a person with a priority entitlement?

Parliament has put in place priority entitlements to help people cope with changes to their lives and careers, such as WFA; being unable to carry out the duties of their position; relocating with a spouse or common-law partner; being medically released or discharged from the CAF or RCMP or the death of a spouse or common-law partner who was employed in the public service, the CAF or the RCMP, whose death is attributable to the performance of duties.

Appointing persons with priority entitlements assists the public service in retaining skilled and experienced employees and provides hiring managers with a pool of potentially qualified persons who can be appointed quickly and efficiently.

The obligation to assess persons with a priority entitlement before considering all others and to appoint them if qualified, is a legal and corporate responsibility of all federal organizations subject to the PSEA and for all managers and Executives within those organizations.

Application

In general, priority entitlements apply to any and all appointment processes, with certain exceptions to the requirement for priority clearance. This means that:

The entitlements apply across all regions and all organizations subject to the PSEA
There are no limits to the occupational groups and levels to which a person with a priority entitlement is entitled to be appointed. However, the reinstatement priority entitlement only allows for an indeterminate appointment to a position at a level that is higher than their current position, and not higher than the position the employee held immediately before their entitlement to priority under PSEA section 40 or subsection 41(1) or (4), or PSER subsection 5(1), 7(1) or 9(1), as the case may be, took effect.
Areas of selection in an appointment process do not apply to persons benefiting from a priority entitlement
Persons with a priority entitlement may self-refer for any job being staffed or about to be staffed
- At any point in an internal appointment process prior to the issuance of the notification of appointment or proposed appointment
- At any point in an external appointment process prior to the signed acceptance of the letter of offer by the proposed appointee
In each of these circumstances, the priority entitlement must be respected if the person is found qualified
Persons with a priority entitlement need only meet the essential qualifications referred to in PSEA paragraph 30(2)(a) and the conditions of employment of the position in order to be appointed. They are not required to meet any other merit criteria, such as asset qualifications, operational requirements or current or future organizational needs
Specified term employees and casual workers are not eligible for priority entitlements
Priority appointments are not subject to recourse through the Public Service Labour Relations and Employment Board
Organizations must obtain priority clearance for all specified term appointments, no matter the duration, as well as for indeterminate appointments
Organizations must obtain priority clearance when staffing EX positions, in the same manner as for any other position
Spouses or common-law partners of the following: Persons employed in the public service, members of the regular, reserve or special forces of the CAF and regular and reserve members of the RCMP, whose deaths are attributable to the performance of duties, are entitled to a priority for appointment only for advertised external appointment processes

Duration and conditions

Each priority entitlement type is for a limited period and is subject to certain conditions, as specified in the PSEA and PSER. These conditions are listed for each priority entitlement type in their respective chapters in Part II of this Guide.

The start dates and durations of the various entitlements are set by the PSEA and PSER and cannot be altered by organizations or by the PSC.

Order of appointment

Where more than one person with a priority entitlement is available and qualified for appointment, persons with a statutory priority entitlement are appointed ahead of all others, in the order shown in section 1.2 of this Guide. Persons with a regulatory priority entitlement are appointed after persons with a statutory priority entitlement, but in no relative order.

Pursuant to paragraph 22(2)(b) of the PSEA, the PSC holds sole jurisdiction to determine the order of precedence (if any) or to decline to set an order of precedence for regulatory priority entitlements. The PSC has declined to set an order of precedence for regulatory entitlements. As a result, organizations cannot prescribe an order of precedence for regulatory priority entitlements.

Employment equity

When staffing positions in accordance with an employment equity (EE) program, a clearance request must be submitted through the PSC's Priority Information Management System (PIMS) at the beginning of the appointment process indicating the targeted or designated EE group(s). Only persons with a priority entitlement who have self-declared as members of the target or designated EE group(s) will be identified to be considered in priority to all other persons.

Persons with a priority entitlement may self-declare as members of the designated EE groups through the Priority Portal, or by requesting this be added to their profile in PIMS by their human resources (HR) advisor.

Non-application of entitlements

Section 43 of the PSEA provides the Commission with discretion for non-application of priority entitlements.

43. Despite sections 39.1, 40 and 41 and any regulations made under paragraph 22(2)(a), if the Commission considers that the appointment of a person who has a right to be appointed in priority to other persons under any of those provisions will result in another person having a priority right, the Commission may decide not to apply that provision in that case.

For example, a manager may propose conducting an internal staffing process restricted to employees in a work unit that is affected by WFA. The appointment of a person with a priority entitlement from outside the unit would result in the need to declare an employee surplus.

Although section 43 has been delegated to organizations, the PSC monitors its use. If the organization intends not to apply priority entitlements, it must clearly explain the situation to the PSC in detail when submitting its request for priority clearance and ensure that the appointment file is clearly documented. The PSC may require the organization to provide a copy of its WFA Plan as evidence that the affected position has been abolished.

Note: Surplus and lay-off

In addition to priority entitlements under the PSEA and PSER, surplus employees and persons who have been laid-off also have certain rights stemming from the Workforce Adjustment Directive (WFAD) and related appendices to collective agreements. These include retraining in cases where they do not qualify for immediate appointment and salary protection if appointed to a lower level. PIMS does not notify surplus or laid-off persons with a priority entitlement of positions where retraining would be required to become qualified for appointment. These persons should discuss any retraining issues with their organization's Workforce Adjustment (WFA) coordinator and/or the responsible HR advisor or hiring manager.

For further information, consult the Treasury Board of Canada Secretariat's (TBS) Web site. The WFAD, WFAAs and collective agreements are the responsibility of the employer. All questions concerning their application and interpretation should be directed to Treasury Board Secretariat.

The Directive on Priority Administration requires organizations to provide persons with a priority entitlement with support in accessing the Priority Portal and the Public Service Resourcing System (PSRS) and/or ensure that they have access to all relevant information contained in these systems.

Internally and externally advertised job postings are both available through PSRS at Government of Canada jobs (GC Jobs). Not all federal government organizations post their internal job notices on GC Jobs, but a list of organizations who do so is available on the Web site.

Persons with a priority entitlement are encouraged to create an account with GC Jobs and to use the GC Jobs email alert function. This service provides you with a list of the latest job opportunities according to criteria you specify when you register your GC Jobs account. If you have questions about creating your account with GC Jobs or with applying to jobs online, you can submit your questions online via the GC Jobs contact us page or by telephone to the Call Centre.

Persons without Internet access may also review jobs open to the public through the GC Jobs Call Centre at 1-800-645-5605. The Call Centre number for persons using a TTY/TDD is 1-800-465-7735.

1.4 Priority entitlement registration and activation

The start date and duration of the various priority entitlements are set by the Public Service Employment Act and/or Public Service Employment Regulations and cannot be altered. The Public Service Commission cannot “extend” priority entitlement periods to compensate for time missed due to late registrations and activations; therefore, it is very important that persons with a priority entitlement be registered and activated in the Priority Information Management System (PIMS) as soon as their entitlement begins. Late registration and activation will reduce the period PIMS identifies positions and may result in lost positions for the person with the priority entitlement. PIMS will only begin notifying persons with a priority entitlement once the registration is activated.

All persons with a priority entitlement should be registered and activated in PIMS, including those who will be appointed immediately or shortly thereafter, unless the person does not consent to the sharing of their personal information (see section 1.4.1 below).

A person with a priority entitlement who is unavailable to consider positions at the time of registration and activation, or at any time throughout the duration of their priority entitlement, should still be registered and activated in PIMS. In such cases, the home organization is responsible for indicating the date that the individual will once again be available to consider positions.

1.4.1 Privacy consent form

The Privacy Consent Form allows the sharing of personal information within the federal public administration, including those organizations that are not required to consider persons with a priority entitlement.

The consent is provided by two different ways:

If an organization wants to initiate a new registration (partial completion by the home organization) via the Priority Information Management System (PIMS), the person with a priority entitlement has to consent online for the sharing of their personal information by accessing the Priority Portal. The organization then activates the registration and sends the Public Service Commission a copy of the documents supporting the priority entitlement.
If an organization wants to complete a full new registration, the person with a priority entitlement is required to sign a Privacy Consent Form in order for their organization to complete and activate the registration in PIMS. A copy of the form is kept in the organization’s file and a copy is sent to the Public Service Commission along with the other documentation supporting the entitlement.

Consent to have information entered into PIMS is voluntary, and persons may, without prejudice, request that their information not be entered into PIMS.

If the person with a priority entitlement refuses to provide this consent, the organization must not register nor activate the person in PIMS as inclusion of their personal information in PIMS without consent would contravene the requirements of the Privacy Act.

The organization must inform the person with a priority entitlement that being registered and activated in PIMS is the sole means used by the Public Service Commission to administer priority entitlements. The Public Service Commission has no other automated means to identify persons with priority entitlements for positions for which they may be qualified and does not have an effective means to make such identifications manually. The onus is, therefore, on the person with a priority entitlement to monitor job advertisements and personally contact organizations (self-refer) if they consider themselves to be qualified. Any inquiries about a person with a priority entitlement who is not registered and activated in PIMS will be re-directed to that person's home organization.

1.4.2 The manager's attestation form

The manager of an employee declared surplus is required to sign a Manager's Attestation Form, an attestation that the home organization would be prepared to appoint the employee to a suitable position in that organization for which they meet the essential qualifications, if such a position were available. The signature of the Form is not required for persons with any other types of priority entitlement. The responsible manager is not required to have sub-delegated appointment-related authorities to sign the Manager's Attestation Form.

This form must be completed prior to initiating the registration and activation of a person with a surplus priority entitlement in the Priority Information Management System (PIMS). If the responsible manager does not want to sign the form, they should discuss this with their manager. It may be necessary to raise the issue within the organization's hierarchy for resolution. If the organization cannot resolve the issue in this manner, they should contact the PSC and discuss why the responsible manager does not want to sign the form. The person with a priority entitlement cannot be registered and activated in PIMS until a conversation has taken place with the PSC as to why the manager does not want to sign the form and a decision has been made by the PSC as to the impact on the identification of positions.

A copy of the signed form must be placed on the employee's personnel file and provided to the PSC. If the responsible manager changes subsequent to the registration and activation in PIMS of the person with a surplus priority entitlement, it is not necessary to have a new attestation form signed by the new manager.

Issues of performance, capacity and discipline are the responsibility of the home organization and the employer. Organizations may register and activate persons with a priority entitlement in PIMS if there are existing issues of performance, capacity or discipline, provided that the nature of these issues would not preclude an appointment within their own organization. It is the responsibility of the home organization to notify the PSC of such issues at the time of the person's registration and activation in PIMS. If the performance, capacity or discipline issues are significant, the PSC may restrict positions to those in the person’s home organization. The person with the priority entitlement would retain the right to self-refer to positions in other organizations, as well as their home organization.

Where significant issues of performance, capacity and discipline are identified subsequent to registration and activation of the person's priority entitlement, the PSC may restrict the identification of positions as indicated above, while the person would again retain the right to self-refer to other organizations, as well as their home organization. The PSC may also review the circumstances under which the registration and activation occurred.

1.4.3 Dual entitlements

Some priority entitlements can run concurrently. In those cases, PIMS captures the one that is dominant (has the longest entitlement period and/or the most benefit for the person with a priority entitlement). The other entitlement is noted and activated, if it is still relevant, after the dominant priority entitlement expires. For example, if the employee is entitled to a leave of absence priority entitlement as well as the employee unable to carry out the duties of their position priority entitlement, then the leave of absence priority entitlement is captured and displayed, as this is a higher level of priority entitlement.

For further information regarding the various priority entitlements, please refer to Part II of this Guide. For specific information on the registration and activation of persons with a priority entitlement in PIMS, please refer to the Priority Information Management System Support Centre and the Priority Portal User Manual.

1.5 The priority clearance process

The purpose of the priority clearance is to ensure that persons with a priority entitlement are considered for positions in the public service. Organizations initiate the clearance process by submitting a request for Priority Clearance through the Priority Information Management System.

1.5.1 When to obtain priority clearance

Priority entitlements apply to nearly all staffing actions that result in appointments.

Staffing actions that require priority clearance:

All indeterminate and all specified term appointments, regardless of proposed appointment process (advertised/non-advertised, internal/external), including:
- Specified term appointments (regardless of length) except for those specified term appointments of CAF members or veterans not already employed in the public service, where that specified term appointment is the result of an advertised acting opportunity
- Apprenticeship/professional development programs (including Financial Officer/Internal Auditor Recruitment and Development Program (FORD/IARD); the Advanced Policy Analyst Program (APAP) and organizationally approved development programs) – priority clearance is only required for appointment upon entry to the program
- External appointments to the DS, SE-RES, UT or other such occupational groups that subsequently use an incumbent-based promotional appointment system
- Proposed appointments from Post-Secondary Recruitment campaigns
- Student bridging
- Specified term to indeterminate, not resulting from PSEA subsection 59(1)
- Appointment of a person with a priority entitlement
- Part-time employment (unless covered by the Part-time Work Exclusion Approval Order)
- Seasonal employment (initial appointment)
- Appointments from an advertised process for which priority clearance has not already been obtained (list or pool of pre-qualified candidates)
- Appointments resulting from an advertised anticipatory process for which priority clearance has not been granted
- EE positions (appointment of a member of a designated group in accordance with an EE program for which staffing would be limited to that group). The Priority Information Management System identifies persons with a priority entitlement from the appropriate EE group(s) only

Use of PSEA section 43 – If the appointment of a person with a priority entitlement will result in another person having a priority entitlement, the organization may appoint existing indeterminate employees without considering persons with priority entitlements. However, for monitoring purposes, priority clearance must be obtained through PIMS. Clearance will be granted automatically, but the PSC requires organizations to wait two working days after receiving an auto-clearance before making an appointment (refer to section 1.3 - Non-application of entitlements and section 1.5.3 - Persons with a priority entitlement identified for positions or auto-clearance by the PSC).

Staffing actions that do not require priority clearance:

Anticipatory staffing where no appointment is imminent; organizations shall consider persons with a priority entitlement and obtain priority clearance before an appointment is made
Specified term appointments of CAF members or veterans not already employed in the public service, where that specified term appointment is the result of an advertised acting opportunity
Special deployments for Executives
Federal Student Work Experience Program appointments
Acting appointments
Casual employment
Conversion of specified term to indeterminate pursuant to PSEA, subsection 59(1)
Incumbent-based appointments resulting from internal appointment processes, such as DS, SE-RES and UT groups (PSER, sections 2 & paragraph 4(1)(a))
Reclassifications
Apprenticeship/professional development programs (including Financial Officer/Internal Auditor Recruitment and Development Program (FORD/IARD); the Advanced Policy Analyst Program (APAP) and an organization’s approved developmental programs) – priority clearance is not required for movement within the program, including the final appointment
Alternations (defined in WFAD)
Appointments resulting from the re-arrangement and transfer of duties in the federal public administration (Public Service Rearrangement and Transfer of Duties Act)
Deployments
Extensions of specified term appointments
Extensions of acting appointments
Secondments/assignments
Classification conversion exercises
Co-Operative/Internship programs appointments
Appointment following revocation of an appointment

1.5.2 Initiating the clearance process

Hiring organizations must:

Identify the need to staff
Set essential qualifications, conditions of employment and relevant assessment methods
Ensure that the essential qualifications respect the TBS' Qualification Standards, reflect the range of duties to be performed and give fair access to persons with a priority entitlement
Ensure that the conditions of employment respect the TBS requirements
Complete and submit the request for "Priority Clearance" through the Priority Information Management System to the PSC, providing job specifications and qualifications and indicating whether the organization is requesting
- Consideration of persons with a priority entitlement with the proposed appointment process
- Clearance for the appointment of a specific person with a priority entitlement
- Priority clearance for an appointment where the organization is invoking section 43 of the PSEA

Instructions for completing the request form are found in the Priority Information Management System Support Centre.

1.5.3 Persons with a priority entitlement identified for positions or auto-clearance by the Public Service Commission

The Priority Information Management System (PIMS) automatically conducts a search of activated and available persons with a priority entitlement, comparing them with the job requirements in the clearance request, based on:

Position location
Position tenure (indeterminate, specified term)
Occupational group and level
Official language requirements
Availability of the person with a priority entitlement

If no persons with a priority entitlement are identified through this search, PIMS issues an automatic clearance to the organization.

As per subparagraph 8.2.6 (v) of the Priority Administration Directive, the PSC requires organizations to wait two working days after receiving an auto-clearance before making an appointment, to ensure that no person with a priority entitlement was inadvertently missed for the position. This allows the PSC time to review the request to ensure that it was coded correctly. Any corrections made may result in the identification of persons with a priority entitlement.

If persons with a priority entitlement are identified through this search, PIMS notifies the organization the names of the persons with a priority entitlement who will be informed of the position. PIMS also notifies the persons with a priority entitlement who were identified, instructing them to communicate with the hiring organization within the time frame stipulated by the organization if they are interested in the position. Persons with a priority entitlement who want to be considered for a given position are not required to send a cover letter or résumé during the period indicated in the position notification. The hiring organization must contact the persons with a priority entitlement who have indicated an interest in the position to ask them for the required information (such as a cover letter and a résumé) and give them a reasonable deadline to submit it.

Organizations must communicate with and assess all persons with a priority entitlement who indicate their interest in being considered for the position before assessing all others.

1.5.4 Priority Information Management System position identification practices

The Priority Information Management System (PIMS) will not normally identify persons with a priority entitlement for positions that are at a higher level than that of the substantive position they held immediately before they became entitled to their priority under the PSEA or PSER. PIMS will identify persons with a priority entitlement for positions that are at or equivalent to the group and level of the substantive position they held immediately prior to being entitled to their priority under the PSEA or PSER. At the person's request and with the approval of their home organization, PIMS will also identify positions one level lower than the group and level of the substantive position held immediately prior to being entitled to priority under the PSEA or PSER. PIMS will identify persons with a reinstatement priority entitlement for positions that are higher than their current position, and not higher than the position they held immediately prior to their entitlement to priority under PSEA section 40 or subsection 41(1) or (4), or PSER subsection 5(1), 7(1) or 9(1), as the case may be.

When seeking appointment to higher level positions, including EX positions, persons with a priority entitlement are advised to conduct their own job searches. Those who wish to be considered for such positions must inform the hiring organization of their interest, and that they have a priority entitlement. The hiring organization must respect the priority entitlement, keeping in mind that it applies to positions at any level for which the person with a priority entitlement meets the essential qualifications. These assessments must be conducted in a timely manner to ensure that the person's priority entitlements is not jeopardized.

Note:

A person with a reinstatement priority entitlement is not afforded priority consideration for positions at a higher level than their former original level. They would be considered solely as a candidate in an appointment process.

The PSC may identify additional persons with a priority entitlement if an organization has not completed its appointment process and did not make any appointment within a reasonable period, or if there are newly registered and activated, potentially qualified persons with a priority entitlement in PIMS. Delays in appointment may result in the PSC cancelling a priority clearance request and requiring that a new one be submitted.

1.5.5 Assessment of persons with a priority entitlement

It is important to ensure that persons with a priority entitlement for appointment are treated fairly and that their assessment is conducted in a transparent manner and in good faith. Persons with a priority entitlement must be given a reasonable opportunity to prepare for interviews, exams or other assessment methods that will be used, just as would be the case for candidates in any appointment process.

Hiring organizations must:

Ensure that they are being fair and transparent when contacting and assessing persons with a priority entitlement
Conduct an evaluation to identify whether the assessment method and the manner in which it will be applied include or create biases or barriers that disadvantage persons belonging to any equity-seeking group and, if one is identified, make reasonable efforts to remove it or to mitigate its impact on those persons
Contact interested persons with a priority entitlement and provide them with information on the position to be filled as well as the methods that will be used for the assessment
Note: Even if the time frame for the person with a priority entitlement to respond has elapsed, the organization must consider persons with a priority entitlement who indicate their interest in being considered for the position after this time frame, if no appointment has been made.
Respond to requests for accommodation in the assessment process, as in any other appointment process
Assess interested persons with a priority entitlement against only the essential qualifications
Ensure that qualified persons with a priority entitlement meet the conditions of employment before being appointed, in accordance with Treasury Board requirements
Provide timely written feedback about the assessment results through PIMS to the person with a priority entitlement, the PSC and the home organization, with clear and full explanation of the reasons for the outcome

Persons with a priority entitlement who are notified about a position by PIMS must be assessed prior to other candidates. This is to ensure that the legislative requirement for persons with a priority entitlement to be appointed ahead of all others is maintained and to ensure fairness in their assessment by avoiding potential comparison with other candidates.

When a hiring manager has begun the assessment of candidates or wishes to appoint from an established pool, the assessment of a person with a priority entitlement should be carried out as quickly as possible. The hiring manager should take the duration of the person's priority entitlement into consideration to ensure they are assessed in a timely manner and to avoid adversely impacting the person’s entitlement for appointment ahead of others, if qualified. This discretion applies to all positions, including those that would constitute a promotion.

The PSC expects the assessment and resulting feedback to persons with a priority entitlement to be conducted within 60 calendar days of a person being notified about a for a position. The PSC monitors how long assessments take. Delays in assessments may result in the PSC cancelling a priority clearance request and requiring that a new one be submitted.

1.5.6 Priority feedback results

Organizations must report the assessment results through the Priority Information Management System (PIMS) using the Priority Feedback Form. The form ensures that the assessment results are captured and maintained in PIMS for reference as necessary.

The exact text entered in the Rationale section will be sent directly and simultaneously to:

the person with a priority entitlement
the PSC
the home organization of persons with a surplus or reinstatement priority entitlement (that is, for those who previously had a surplus or lay-off priority entitlement)

For persons with a priority entitlement who self-refer to specified term or indeterminate positions, after the form has already been submitted to the PSC, written assessment feedback is to be provided outside PIMS via email to the person with a priority entitlement, the PSC and the home organization.

The feedback form must:

be in the official language of choice (for correspondence) of the person with a priority entitlement
clearly indicate all of the assessment details for each person with a priority entitlement who was notified by PIMS or who self-referred, including the selection tools used, the specific qualifications that the person passed/failed, and the basis on which the decision to pass/fail the person was made
be written in wording that will be shared with the person with a priority entitlement
reveal fair, transparent and timely assessment of persons with a priority entitlement
explain why persons with a priority entitlement were not assessed (for example, if the organization appointed another person with a priority entitlement who had a higher level of priority entitlement)
indicate if a person with a priority entitlement met all of the essential qualifications and will be appointed, and to which position (if applicable)

There must be evidence that the person with a priority entitlement was appropriately assessed if they responded that they wished to be considered for the position and provided information to show how they met the essential education and/or essential experience qualifications.

Three working day waiting period

The PSC reviews the assessment feedback provided by the organization and then determines whether priority clearance should be issued, either to appoint a person with a priority entitlement or to proceed with another staffing action. Based on the feedback from the hiring organization, the PSC may provide priority clearance after three working days following the date the priority feedback form was submitted in PIMS. See section 1.6 of this guide for information about priority clearance numbers.

1.5.7 Request for additional feedback process

The request for additional feedback process, provides persons with a priority entitlement the opportunity to obtain additional information regarding the results of their assessment. It is an opportunity to explain assessment results and to correct assessment errors.

Persons with a priority entitlement

When persons with a priority entitlement are informed of their assessment results, if they feel that they have not been assessed fairly or wish to obtain more information about their assessment, they can ask the hiring manager for additional feedback. They should also inform the PSC of the request.

If the person with a priority entitlement is not satisfied by the discussion with the manager, they can speak to the Priority Program Liaison in their home organization and/or a PSC Priority Entitlements Consultant for assistance.

Hiring Manager

As per the Priority Administration Directive, hiring managers must respond to requests from persons with a priority entitlement for additional feedback in a timely manner. They are encouraged to discuss their decisions fully with persons with a priority entitlement. If there was an error in the assessment of the person with a priority entitlement, it must be corrected before a priority clearance number is issued.

Public Service Commission

If the PSC has been informed that a person with a priority entitlement has requested additional feedback, it will put the priority clearance process on hold. Depending on the resultant feedback from the hiring organization, the PSC may provide clearance to proceed with the staffing of the position.

Organizations and persons with a priority entitlement are expected to actively work together to address issues and concerns as early as possible. The PSC oversees compliance to the roles and responsibilities stated in the Priority Administration Directive, and can assist organizations and persons with a priority entitlement in the resolution of issues.

Refer to the Frequently asked questions – priority feedback form and request for additional feedback, for additional information.

1.6 Priority clearance numbers

Priority clearance numbers are issued when:

there are no persons with a priority entitlement identified for a position;
no persons with a priority entitlement notified about the position are interested in the position and/or are found to meet the essential qualifications; or
the priority feedback form indicates that a person with a priority entitlement has met the essential qualifications for the position and will be appointed.

If persons with a priority entitlement have been notified, the priority clearance number is issued only after the PSC has approved the hiring organization's Priority Feedback Form. Organizations must ensure that priority clearance numbers are retained in the appointment file.

Only one priority clearance number is issued per Priority Clearance request, regardless of the number of positions to be staffed. Priority clearance is valid for the number of positions indicated in the initial clearance request immediately prior to issuance.

Managers should ensure they do not mistake a "clearance" issued through their own organization's priority system for a PSC priority clearance.

Persons with a priority entitlement may self-refer at any time prior to an appointment ^{Footnote 1}. Appointments to positions that have received priority clearance should be made within a reasonable period of time from the date of the priority clearance number being issued.

The PSC may establish a validity period for a priority clearance and/or identify additional persons with a priority entitlement after a clearance has been issued, until an appointment is made^{Footnote 1} to the position(s) in question.

The PSC may identify additional persons with a priority entitlement after a priority clearance number has been issued if it considers that an unreasonable length of time has elapsed between the issuance of the clearance number and the appointments to the positions indicated in the initial request, or if there are newly registered and activated, potentially qualified persons, with a priority entitlement in the Priority Information Management System (PIMS). This helps to ensure that all persons with a priority entitlement receive fair consideration. Delays in making appointments after receiving priority clearance may result in the PSC cancelling a priority clearance request and requiring that a new one be submitted.

The hiring organization will need to obtain a new priority clearance number if:

additional appointments are to be made to other positions not covered by the initial clearance request
a cleared appointment process is unproductive (the clearance number cannot be used for a subsequent process for the same position)
an auto-clearance has been cancelled by the PSC due to the use of incorrect search criteria or incorrect choice of appointment process
there is a change in the tenure of the position(s)
the essential qualifications or any other mandatory screening criteria (including occupational group and level, position location or official languages requirements) identified in PIMS are amended in a way that might mean that other persons with a priority entitlement should be considered
the PSC determines that the organization has, without sufficient explanation, taken longer than 60 days to assess persons with a priority entitlement and provide referral feedback to the PSC
the PSC determines that an unreasonable period of time has elapsed between the granting of priority clearance and the appointment to the cleared position
the proposed appointment process is modified

1.7 What to do when persons with a priority entitlement self-refer

Persons with a priority entitlement may directly contact managers who are planning to staff a position or are in the process of running an appointment process, even after the manager has received priority clearance. In such cases, the first duty of the organization is to confirm the person's priority entitlement. This confirmation can be obtained through the Priority Information Management System (PIMS) or from the home organization if the person elected not to be registered and activated in PIMS. Persons with a priority entitlement who self-refer either before or after a priority clearance has been given must be treated as if they had been identified and notified by PIMS for a position, including their appointment ahead of all others, if found qualified. This requirement applies regardless of the level of the position, except for persons with a reinstatement priority entitlement.

The PSC requires that persons with a priority entitlement notified about a position as a result of a clearance request be assessed prior to the assessment of any other persons. However, because self-referrals often occur after an organization has started its staffing process, the assessment of a person with a priority entitlement should be carried out as quickly as possible. The hiring manager should take the duration of the person's priority entitlement into consideration to ensure they are assessed in a timely manner and to avoid adversely impacting the person’s entitlement for appointment ahead of others, if qualified.

In the case of anticipatory processes, where the organization cannot make immediate appointments, 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 person with a priority entitlement is qualified, but their entitlement will expire before the appointment date (if the appointment date is known), a letter of offer can be provided (and signed by all parties) while the person's priority entitlement is still effective, but indicating the future date of appointment in the letter.

Persons with a priority entitlement are encouraged to apply to anticipatory processes and identify themselves as having a priority entitlement. In cases where the organization cannot make the appointment or provide a letter of offer with a future date of appointment before the end of their priority entitlement, the person with a priority entitlement would be treated as any other candidate in the appointment process once their priority entitlement period expires. Their eligibility as a candidate in an appointment process would be subject to the usual requirements, such as having applied to the process within the prescribed time limits and being within the area of selection established for that appointment process. For additional information please refer to the Appointment Policy.

1.8 Travel and relocation costs when considering or appointing persons with priority entitlements

Travel and relocation costs are the responsibility of the employer. The responsibility for travel and relocation costs incurred while considering or appointing person with a priority entitlement varies according to the situation. Persons with a priority entitlement are encouraged to speak to their organization's HR staff for advice on eligibility for travel or relocation expenses. Organizations should direct their questions concerning travel and relocation to TBS.

Note:
For more information, please refer to the WFAD, the WFA appendices of related collective agreements and the National Joint Council (NJC) Travel Directive and Relocation Directive.

1.9 Making priority appointments

Where a person with a priority entitlement is being appointed without having been notified by the Priority Information Management System (PIMS), for example where they have self-referred, the hiring organization will add that person's name to an existing Priority Referral Feedback Form that has not yet been submitted to the PSC for approval and clearance. If there is no existing form, (e.g., if an auto-clearance had been provided or if the organization proposes to appoint one of its own persons with a priority entitlement), then the organization will complete a new request for priority clearance, selecting Option B "I would like to consider the following person with a priority entitlement."

To respect the priority entitlements under the PSEA and the PSER, as well as the order of precedence for priority appointments, PIMS will search for other persons with a priority entitlement when an organization submits a clearance request for the appointment of a specific person with a priority entitlement. Persons with a higher level of priority entitlement (an entitlement that has a higher order of precedence) may be notified about the position by PIMS.

The PSC prefers that persons with a priority entitlement be appointed, rather than deployed, since appointments require priority clearance. In this manner, PIMS is informed of the proposed appointment of the person. This ensures accurate data is captured in PIMS, resulting in effective management of the priority entitlement files and accurate statistical data on Priority Entitlements.

If an organization does deploy a person with a priority entitlement, they must inform the PSC, thereby ensuring that the person's priority entitlement file is updated to indicate that their current entitlement has ended as a result of the deployment.

If considering the deployment of a person with a priority entitlement, organizations should research any possible impact on the person's entitlement to salary protection, as outlined in portions of the WFAD and appendices to collective agreements. The WFAD is the responsibility of TBS. Any related questions should be directed to TBS.

The hiring organization is required to provide a copy of the letter of offer, with all signatures, to the PSC Priority Entitlements Consultant no later than 10 working days from the date it is signed by the person with a priority entitlement. In cases where a change to the priority entitlement type or a removal is required, the hiring organization is required to initiate this action in PIMS and the PSC will validate. This will allow the organization to change the priority entitlement type, or the PSC to remove the person's priority entitlement file from PIMS, as appropriate.

1.9.1 Decline of an appointment offer

The PSC determines whether persons with a priority entitlement have declined offers of appointment without good and sufficient reason and, if applicable, removes priority entitlements, as appropriate, pursuant to the PSEA and PSER. This determination is distinct from the power of the deputy head, pursuant to the WFAD and WFA appendices to collective agreements, to determine that an employee in the deputy head's organization, who was declared surplus, has refused a reasonable job offer and will therefore be laid off.

The PSC determines whether a person with a priority entitlement has declined an offer of appointment without good and sufficient reason applies to the following priority types:

CAF members released for medical reasons attributable to service (PSEA, subsection 39.1(1))
An employee employee unable to carry out their duties (PSER, subsection 7(1))
RCMP members discharged for medical reasons (PSER, subsection 7.1(1))
CAF members released for medical reasons not attributable to service (PSER, subsection 8(1))
Relocation of spouse or common-law partner (PSER, subsection 9(1))
Reinstatement (PSER, subsection 10(1))
Surviving spouses or common-law partners (PSER, subsection 8.1(1))

1.10 Resolving concerns and problems

The preamble of the Public Service Employment Act states that the public service should be characterized by fair, transparent employment practices, respect for employees, effective dialogue and timely intervention aimed at resolving appointment issues.

When persons with a priority entitlement feel that they have not been assessed fairly, they can contact the hiring organization to obtain additional feedback regarding their assessment results. If discussions with the manager of the hiring organization do not resolve the situation, they can speak to the Priority Program Liaisons in their home organization or to a PSC Priority Entitlements Consultant.

In keeping with the spirit of the preamble, the PSC encourages managers to discuss their decisions fully with persons with a priority entitlement who ask for additional feedback about their assessment results. See section 1.5.7 for information about the request for additional feedback process.

The Public Service Commission

If the discussions with the hiring organization do not resolve an issue, concerned persons may turn to the PSC for assistance on matters within the PSC's jurisdiction.

The PSC oversees compliance to the roles and responsibilities stated in the Priority Administration Directive and will encourage and actively work with organizations and persons with a priority entitlement to address any issues at an early stage.

Recourse to the Federal Public Sector Labour Relations and Employment Board

Persons with a priority entitlement who were assessed in the context of an advertised internal appointment process and who were in the area of selection could be considered by the Federal Public Sector Labour Relations and Employment Board (FPSLREB) to be unsuccessful candidates with a right to make a complaint. Consequently, in accordance with the PSC Appointment Policy hiring managers have an obligation to provide written notifications to persons with a priority entitlement who were assessed and were in the area of selection in the context of an advertised internal appointment process even if the person with a priority entitlement did not apply within the advertised timeframe.

Appointments of persons with a priority entitlement are not subject to recourse through the FPSLREB. Any concerns or issues regarding a specific appointment could be reviewed by the PSC as appropriate.

Work Force adjustment issues

The Work Force Adjustment Directive and the appendices to collective agreements are the responsibility of Treasury Board of Canada. For details and up-to-date text and interpretations, please consult the Workforce adjustment and career transition section of the Treasury Board of Canada Web site. These agreements are the responsibility of the Employer and all questions concerning their application and interpretation should be directed to an organization's Work Force Adjustment coordinator or Treasury Board of Canada.

1.11 Information for monitoring/managing priority entitlements

Organizations are responsible for monitoring and managing their own administration of priority entitlements. This includes ensuring that they fulfill the roles and responsibilities described in the Priority Administration Directive.

For monitoring and oversight purposes, organizations must retain the priority clearance number on their staffing files, along with other written information about the assessment process and the results for each person with a priority entitlement who was considered.

In monitoring their own administration of priority entitlements, organizations should also ensure:

Counselling of persons with a priority entitlement on all aspects of their priority entitlement, including the roles and responsibilities described in the Priority Administration Directive
Essential qualifications provide fair access to persons with a priority entitlement and ensure that the qualifications are no more stringent than what would be required in any subsequent appointment process
Assessment methods and the manner in which they will be applied are inclusive, free from discrimination, and that reasonable efforts were made to remove biases or barriers or mitigate their impact
A new request for priority clearance is submitted through the Priority Information Management System (PIMS) if the qualifications are changed after requesting priority clearance
Persons with a priority entitlement are assessed prior to candidates in an appointment process to ensure fairness in their assessment and to avoid having them compared to the candidates
Assessments of persons with a priority entitlement are conducted and feedback results provided to them and to the PSC within 60 days of having been notified about a position

Organizations are expected to implement a governance structure, provide training on roles and responsibilities, provide support for persons with a priority entitlement, and a systematic approach to requesting clearance to staff a position.

In addition, organizations are expected to monitor a number of areas including:

The time to register and activate persons with a priority entitlement in PIMS
The time to assess persons with a priority entitlement notified about a position
The number of appointments of persons with a priority entitlement relative to all of the organization's indeterminate appointments
The number and reasons for clearance requests cancelled following the identification of persons with a priority entitlement

Organizations are expected to take action, as necessary, on the results of the monitoring outlined above and on any of the planned actions to improve the administration of priority entitlements that they had previously committed to undertake.

As discussed in the section on Persons with a priority entitlement identified for positions or auto-clearance by the Public Service Commission, the PSC also monitors the auto-clearances that are provided by PIMS when no persons with a priority entitlement are identified for a position to ensure that the search criteria are accurate in terms of the positions being staffed. As such, organizations must wait two days after clearance has been granted before making an appointment.

The PSC may establish a time limit for some or all priority clearances and/or identify additional persons with a priority entitlement after a clearance has been issued, until an appointment is made^{Footnote 1} to the position(s) in question. Any such time limit may vary in accordance with regional Priority Entitlements activity levels, occupational group staffing volumes, WFA activities by organization or region or any other aspect, as determined by the PSC.

As outlined in sections 1.5 and 1.6 of this Guide, appointments to positions that have received priority clearance should be made within a reasonable period of time from the date of the priority clearance number being issued. The PSC monitors appointment dates for multiple-position clearance requests and may identify additional persons with a priority entitlement if it considers that an unreasonable length of time has elapsed between the granting of the clearance number and the appointments to the positions indicated in the initial request or if there are newly registered and activated, potentially qualified persons with a priority entitlement in PIMS. This helps to ensure that all persons with a priority entitlement receive fair consideration.

In addition to information collected by organizations, information for monitoring purposes is available from the following sources:

The Reports section in the System (no password is required if using “Guest Entry” to access these reports); and
The PSC's Data visualization hub , which offers several interactive tools for exploring public service staffing data.