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1 1 4.4 %rzgsaricioceans F8eatroceam rdfo Library / MPO Bibliothe ue STAFFING MODERNIZATION AT DFO A Handbook for Employees HF S38 S82 DF Cana&i

2 The information provided in this DFO booklet was adapted from communication tools prepared by the Public Service Human Resources Management Agency (PSHRMAC), the Public Service Commission (PSC), Heritage Canada (HC) and the Department of National Defence (DND), to reflect Fisheries and Oceans Canada (DFO) and the Canadian Coast Guard Agency's implementation of the Public Service Modernization Act (PSMA) and the Public Service Employment Act (PSEA). March 2006 HF S38 S82 Canada. Dept. of Fisheri.. Staffing modernization at DFO : a handbook for c.1

3 A Handbook for Employees 1,101 mhoirce esso,;1, 0 coo moiv3yete Leh, c voi 2 3 JR. lop c What's in the Employee Handbook? 06, ce4ns. This handbook is intended to provide you with baseline information on the purpose of the new Public Service Employment Act (PSEA), to highlight initiatives that are new; and to explain how PSEA changes will impact you, as an employee of Fisheries and Oceans Canada (DFO). It provides an overview of the PSEA, including important elements of the Act, namely: human resources planning, new approaches to staffing, merit, notification, informal discussion and recourse. PSEA Overview This section provides you with the purpose and goals of the PSEA, while highlighting those essential elements that you need to know. HR Planning To make full use of the flexibilities provided by the new Act, HR Planning within Fisheries and Oceans Canada (DFO) is fully integrated with business planning. The HR Plans prepared by regions and sectors will be used as a basis for staffing decisions. You should understand what HR planning means for you, your work unit and DFO. New Approach to Staffing Under the new PSEA, managers are able to choose from a broader set of options to fill positions, and have more flexibility to tailor staffing processes to meet their specific operational needs. Managers now have the option of undertaking staffing processes referred to, for example, as advertised (formerly known as a "competition") or non-advertised (formerly known as "appointment without competition"), internal (formerly known as "within the Public Service") or external (formerly known as "open to the public"). You may also see greater use of collective staffing processes, pre-qualified pools, professional development, and apprenticeship programs.

4 Staffing Modernization at DFO Merit has Changed Another major change that affects you is related to the concept of merit. The new PSEA says merit is applied when the person being appointed to a position meets the essential qualifications. A manager may also consider any of the asset qualifications, operational requirements or current or future needs that the organization or employer has identified beforehand. Informal Discussion Increased communication and early resolution of concerns in internal appointment processes are facilitated by the introduction of the new Informal Discussion process. Informal Discussion, provides you with the opportunity to discuss with the person or persons responsible for the decision, the reasons why you were eliminated from consideration for an appointment. Notification Notification is a new two-stage process to inform candidates of appointment decisions, to allow those persons who are eliminated from consideration, or who have been found qualified but who are not considered for appointment at this time, the opportunity for informal discussion, and to provide information on recourse rights. There's a New Recourse Mechanism Finally, you need to understand that there's a new recourse mechanism for internal staffing processes. Although appeals as a recourse avenue disappear, recourse continues to exist in the form of complaints to the new and independent Public Service Staffing Tribunal (PSST). Under the PSEA, a person who was not appointed or proposed for appointment in an internal appointment process has the right to make a complaint when he/she believes that there was: an abuse of authority in setting or applying the merit criteria; an abuse of authority in deciding between an advertised and a non-advertised process; or, where there has been a failure to assess the candidate in the official language of his or her choice. h h Although the new PSEA came into force December 31, 2005, you can expect that the first few months, if not the first year, will be a transitional phase with deputy heads, managers and employees all working to understand the new roles, responsibilities and opportunities under the Act. It's unlikely that you will see a drastic change right away in your workplace. However, by becoming familiar with the provisions of the Act, speaking with your managers, or consulting with your HR advisors, over time you will be in a position to take full advantage of the many new opportunities the Act offers.

5 A Handbook for Employees While the above are important elements of the new PSEA, they are not the only changes introduced under the Act. There are for example, new provisions related to employee participation in political activities, changes to Employer policies and new defined roles and responsibilities for agencies such as the Public Service Human Resources Management Agency of Canada and the Public Service Commission. For more information about the application of the new PSEA in DFO, please check the Human Resources intranet site: For more information about the PSMA/PSEA in general, visit the Public Service Modernization portal at: or PSHRMAC's Communications Resource Centre: e.asp For more information about specific PSC policies and procedures visit: For more information about training and learning visit:

6 li 4.-;,.; -4 Staffing Modernization at DFO The new Public Service Employment Act (PSEA) came into force December 31, You have probably heard about the new PSEA, and are wondering: "What's it all about?" The purpose of the new PSEA is to modernize the staffing system. It is an important component of the Public Service Modernization Act (PSMA) that was passed in November 2003 and is part of the government's broader agenda to modernize the management of human resources and to build a vibrant, effective public service. As a public service employee, you stand to benefit from a new staffing system that promotes flexibility, access, fairness and transparency. For example, you will be provided with more opportunities for feedback and dialogue when you apply for jobs. Why a New Employment Act? For years, employees and managers have said they were frustrated by the staffing system in the public service. Managers complained about staffing processes that were lengthy and complex. At times, it seemed that staffing had become more an exercise in correctly applying the rules and avoiding legal challenges than in getting a person who was the right fit for the job. Many employees had similar complaints. They were frustrated that it took so long for competitions to be finalized. Others said it was difficult to understand why they weren't selected for a position or what they could have done differently to be successful. In addition, employees felt that it was unfair to have to wait until the end of the staffing process before they could obtain information or feedback. The intent of the new PSEA is to address these concerns and, at the same time, provide the flexibility required to attract new employees with the skills and talents needed to serve Canadians. The new PSEA reinforces the notion that staffing is a management responsibility, and managers will be held accountable for their decisions. With the new PSEA coming into force, the Public Service Commission (PSC) maximized the delegation of staffing authorities to deputy heads of departments and agencies (for us, the Deputy Minister). The deputy head in turn is encouraged to delegate staffing to the lowest management level possible within the department or agency. In DFO, staffing is sub-delegated to managers who have taken staffing delegation training and who manage a salary budget. What Does It Mean For You? Ina nutshell, the new PSEA means that staffing will be based on a solid foundation of HR planning, there is a new vocabulary and a definition of merit, there will likely be more collective staffing processes, you can now informally discuss an appointment

7 A Handbook for Employees process with the hiring manager, there's a two-step notification process for appointments, and the recourse mechanism has changed. But most importantly, you should know that the new Act is values-based, and not rules-based. The principles of merit and non-partisanship, and the appointment values of fairness, access and transparency have not changed. We invite you to read the preamble to the PSEA, which sets out the spirit and intent of the new legislation. You can find it in Annex A of this handbook. In addition, important acts such as the Employment Equity Act, Languages Act, and the Canadian Human Rights Act still apply. the Official The new PSEA supports the importance of human resources planning in staffing. Human resources (HR) planning is a process that identifies current and future human resources needed in order for an organization to achieve its business goals. As such, it serves as a link between human resources management and the overall strategic plan of an organization. HR planning allows managers to develop a long-range vision of where the organization is going and the human resources needed to get there. It also allows you, the employee, to have a better idea of the type of people, skills and experience needed in the future, as well as a better understanding of the reasons behind staffing decisions. DFO has worked hard to fully integrate the Department's HR planning with business planning to prepare for the implementation of the new PSEA, and to use the regions' and sectors' HR plans as the basis for staffing decisions. You can expect that DFO managers will become as diligent in planning their staffing needs in the future as they are in planning their business cases and financial budgets. Ongoing HR planning will help to minimize the ad hoc approach to staffing that was the norm under the old regime. How HR Planning Impacts You Many employees do not feel well equipped to establish realistic and achievable career plans in the public service. Where do you begin to determine which jobs in your organization interest you or which skill sets you need? How do you decide the right courses to register for and which assignments to undertake in order to gain new competencies and experience? This is where the benefits of HR planning are clearly visible. As it becomes more fully integrated in our organization, it will increasingly be used as the basis for staffing decisions. You will be able to understand where the organization is headed, and to work together with your manager to identify what skill sets and competencies are required to support it in the future.

8 Staffing Modernization at DFO At the same time you may want to initiate discussions about HR plans for specific functional communities (e.g., IM/IT, FI, ES, IS), or for other departments and agencies within the public service that interest you from a career development perspective. In summary, HR planning provides an opportunity to create your own learning plan that is: based on something tangible; aligned with the direction of your organization; and focused on the skills and competencies required, now and in the future. It is a key tool for career development and succession planning. Merit - One of the most important changes under the PSEA is the definition of merit, which remains the foundation for appointments in the public service. Before the new PSEA, merit was held to mean selection of the best-qualified person, whether by competition or other means. This was subject to various judicial interpretations, and led to restrictive staffing practices. Candidates in a staffing process were assessed against each other, and the person appointed was automatically the one who met all the passmarks and scored the highest in the assessment. Under the new PSEA, candidates are assessed against the merit criteria established for the position. For the first time, merit is defined in the legislation and a statement of how merit is achieved is provided. An appointment is made on the basis of merit when : The person appointed meets the essential qualifications for the work to be performed Managers may also consider: any additional qualification that is an asset to perform the work, any current or future operational requirement, and any current or future organizational need. The new PSEA also introduces new terminology for processes. Advertised and Non-Advertised Appointment Processes - The terms "competition" and "without competition" have now disappeared from our vocabulary, to be replaced by the terms "advertised" and "non-advertised" appointment processes. 6

9 A Handbook for Employees Internal and External Appointment Processes - The terms "closed competition" and "open competition" have also disappeared from our vocabulary, to be replaced by the terms "internal appointment process" (meaning internal to the public service) and "external appointment process" (meaning open to the public). Statement of Merit Criteria The "Statement of Qualifications" is now replaced by a "Statement of Merit Criteria and Conditions of Employment". The new PSEA allows for a broader set of staffing options that gives new flexibility to managers and may open up new career opportunities for employees. It is important that you understand these changes so that you know how to apply for job opportunities. An Advertised Appointment Process is one where those persons in the specified area of selection are informed of the job opening and have an opportunity to apply and show how they meet the merit criteria. At a minimum, external appointment processes (i.e., open to the public) will be advertised on: and interdepartmental internal appointment processes (i.e., open to employees from within the public service) will be posted on: Job opportunities may be advertised through other means such as verbally, In-the-Loop, newspapers etc. A Non -Advertised Appointment Process is one that does not meet the conditions for an advertised appointment process, and that may be used when it is the best staffing method to meet the needs of the department. If this is the case, it must be shown that the use of a non-advertised appointment process will contribute more effectively or efficiently towards meeting an operational need in the organization's business plan, or a goal in the organization's HR plan (e.g., increasing employment equity representation). To demonstrate this, managers must submit a rationale to support the use of a non-advertised process. A Collective Staffing Process is an appointment process used to fill many positions. It is one of the new initiatives in staffing. Using this approach, managers will work collectively to establish criteria for more than one position and will use the one appointment process to fill a number of positions. This could take place within an organization or across organizations. It is important for you to pay close attention to the advertisements because one process may be used to fill a number of positions with similar requirements.

10 Staffing Modernization at DFO Collective staffing should be a "win-win" situation for all concerned. Managers will save the time and expense involved in assessing possibly a large number of candidates each time a position needs to be filled. Employees will only have to undergo the evaluation process once to be eligible potentially for a number of positions within one or more organizations in the public service. Professional Development and Apprenticeship Programs (PDAP) are used to build the skills levels of employees already in the organization. Programs such as CAP and MTP (now referred to as Leadership Development) continue under the new PSEA. The following are DFO approved PDAP's: SO - Coast Guard Officer Training Program SC - Ship Crew Officer Training Program (SCOTP) RO - Marine Communications and Traffic Services Officer Training Program (MCTS) GT - Fishery Officer Career Progression Program (FOCPP) EL - Marine Electronic Technician Career Development Program (MELDEV) EG - Hydrographers Training Program Generally speaking, entry into these programs is made through an appointment process based on established merit criteria. In addition to training, coaching, assessment and feedback, employees enrolled in a PDAP are given work assignments that enhance their talents and skills in order to achieve the degree of competency required for the next level. Other staffing options considered "non-appointment options", include deployments, extensions of term appointments, change of tenure from term to indeterminate, secondments, contract and casual employment. In summary, whichever appointment process is selected, it must be consistent with the human resources plan and the appointment values - fairness, access and transparency (see Annex A for definitions). Additionally, employment equity goals and official languages obligations must be considered throughout the appointment process.

11 A Handbook for Employees The new approach to defining merit is an important departure and means that when you are being evaluated, you are no longer necessarily being ranked using a points system. In other words, managers no longer need to prove that one person is `better' than all others based on a ranking of candidates. Instead you are assessed individually on the basis of the established merit criteria, and hiring managers base their appointment decisions taking into consideration the full range of merit criteria established at the beginning of a staffing action. While there is more flexibility in applying merit, managers are accountable to ensure that appointments are free from political influence and personal favoritism, and to ensure that fairness, transparency and access remain front and centre. As well, the qualifications and requirements must be established at the outset, linked to HR plans and widely communicated. The essential qualifications, asset qualifications, operational requirements and organizational needs form the basis of the assessment of merit and are together called riteria. This is where the new term Statement of Merit Criteria emerges; it replaces what was known as the Statement of Qualifications. A manager's decision to use specific merit criteria to staff a particular job should be based on HR planning. First, essential qualifications are required to perform the work and are related to the person. They include, but are not limited to: - Education - Experience - Knowledge - Skills - Personal suitability Linguistic proficiency in one or both official languages must be identified as an essential qualification and must be linked to the position. Asset qualifications are also related to the person. They are not essential to perform the work, but could enhance a person's ability to do the work, or could benefit the organization, now or in the future. Examples of asset qualifications include: The ability to speak a third language (e.g. Spanish) A specific type of training or certification (e.g., class D Driver's license)

12 Staffing Modernization at DFO Current or future operational requirements refer to the operation of the work rather than the qualities of the person. Like asset qualifications, operational requirements are desirable for the proper functioning of the work unit or organization. Examples include: - Shift work - Need to travel - Working evenings or weekends Current and future organizational needs are needs that enable the organization to function properly and meet its mandate. They relate more to the organization than to the position, and can be defined within the public service as a whole. For example: - Meeting employment equity (EE) objectives Conditions of emplon t are not merit criteria. Unlike operational requirements, conditions of employment are mandatory. They are requirements that a person must meet and maintain throughout his/her employment (e.g., security clearance). What Do You Need To Do? To effectively apply and become a candidate in an appointment process, you should: Understand the new terminology and the new definition of merit; Become familiar with the components of an advertisement and the related staffing information including the merit criteria that will be used for screening (refer to Annex B for an overview of Advertised Internal Appointment Processes in the Public Service of Canada); Identify and understand the elements on the Statement of Merit Criteria (refer to Annex C for a sample Statement of Merit Criteria and Conditions of Employment); Write your résumé or complete the job application, taking into account the merit criteria in the advertisement. Under the new PSEA, you are likely to see staffing that is more tailored to the individual needs of organizations, and to its workforce and business realities. This means that the way in which positions are filled could vary from one department to the next, something that you will want to consider when applying for a new job opportunity.

13 A Handbook for Employees If you are a candidate in an internal advertised appointment process and you are eliminated from consideration for appointment, you will be given an opportunity to informally discuss the reasons for the decision before the appointment is made. What is it? Informal discussion is a concept introduced by the new PSEA. Essentially, it is a conversation between the person(s) responsible for the decision and the person eliminated from consideration. The process is designed to promote fair and transparent employment practices, and to address staffing concerns informally during the appointment process, so that appointment issues can be resolved before a final decision is made. Informal discussion is similar to a post-board, except that it occurs as soon as possible after a candidate is advised that he/she is no longer being considered, and not at the end of the process. As a result, if an error is found, it is possible to reintegrate the candidate into the process. In the case of an internal non-advertised process, all persons in the area of selection will be given the opportunity for informal discussion at the first notification stage of the process. It is important to note that informal discussion is not recourse, and it does not affect the right to file a formal complaint at the end of the staffing process. It is hoped, however, that sharing information and understanding the reasons behind decisions could lead to addressing concerns or solving complaints early on, and informally. What do you need to do? Informal discussion is your opportunity to understand the reasons behind staffing decisions, whether that decision results in your elimination from further consideration in an internal advertised appointment process, or not being considered in an internal non-advertised process. Informal discussion is meant to be informal, which means there is no set of rules or format to follow. It's really designed to be a free-flowing conversation between you and the person or persons responsible for the decision. You can expect to receive information that is relevant to you only and not to other candidates. Informal discussions must comply with the requirements of the Privacy Act. So what can you discuss? You can discuss just about anything related to your participation in the selection process that helps you to understand how the decision was made. This could include a discussion of the information applied to your assessment such as the merit criteria used, your answers to assessment questions, and information received from references.

14 Staffing Modernization at DFO To be selected for appointment, you must meet all the essential qualifications as specified on the Statement of Merit Criteria and Conditions of Employment. (A sample is found in Annex C). The manager may also have chosen other merit criteria (asset qualifications, operational requirements and organizational needs) in deciding which person to appoint. It is no longer necessary to rank candidates or to appoint the highest ranking person, but a manager may choose to do so. Furthermore, eligibility lists no longer exist. A manager can decide whom to hire from among the candidates who qualify for the position on the basis of the right fit. The following are examples of the right fit: For a position that requires the employee to make presentations, the right person for the position could be the person who has very strong oral communication skills. In order to meet the employment equity (EE) objectives specified in the organization's EE plan, the manager could select a person who has self-identified as a member of a designated group from among those who meet the essential qualifications. The organization plans to implement new software in a few months' time. If the manager has identified this need as an asset qualification, he/she could choose to appoint someone who has experience with the software. Managers must be able to explain why one person was considered the right fit for the job, taking into account the merit criteria used to determine who to select for appointment.

15 A Handbook for Employees Notification is a new two-stage element of the staffing process by which candidates are informed of appointment decisions. First Stage The first stage (1" notification) informs persons in the area of selection of the name(s) of the person or persons who are being considered for appointment. In other words, the assessment is complete and the manager is informing the others of whom he/she intends to appoint. As per the DFO Notification Policy there is a minimum waiting period of 5 calendar days following this 1" notification before the appointment can be made. The manager may establish a longer waiting period depending on factors such as: size of the area of selection and/or geographic distribution of persons being informed. Second Stage The reason for the waiting period is to give those persons who have been found qualified but who are not being considered for appointment at this time (and who are as a result eliminated from consideration) the opportunity for informal discussion. Following the waiting period, a 2nd notification is issued. The purpose of this notification is to inform those persons in the area of selection of the name(s) of the person or persons being proposed for appointment or appointed. This notification also informs them of the right to file a complaint with the Public Service Staffing Tribunal (PSST), the grounds for complaint, and the manner and time period for making a complaint.

16 Staffing Modernization at DFO Internal Appointment Recourse A new independent tribunal, the Public Service Staffing Tribunal (PSST), replaces the Public Service Commission's Appeal Board. Under the new PSEA, candidates who have not been selected for appointment resulting from an internal appointment process have the right to file a complaint with the PSST. It should be noted that the PSST also has the authority to interpret and apply the Canadian Human Rights Act. Although you may still file a separate complaint with the Canadian Human Rights Commission if you consider that the appointment includes a discriminatory aspect, the new PSEA eliminates the necessity for you to do so. The PSST has the power to hear complaints involving internal appointments, to implement corrective measures, as well as to revoke appointments or rescind lay-offs. It does, however, encourage parties to resolve their concerns, as much as possible, through alternate dispute resolution processes. The Grounds for Complaint with respect to an internal appointment process focus on how you were treated in the process. If you were not appointed or proposed for an appointment, you have the right to make a complaint to the PSST if you believe there was: an abuse of authority in setting or applying the new merit criteria; an abuse of authority in choosing between an advertised and a non-advertised process; or failure to be assessed in the official language of your choice. The new Act does not define abuse of authority. It does, however, stipulate that it is construed as including, among other considerations, bad faith and personal favouritism. What do you need to do? Following notification of a proposed appointment or appointment, if you feel you have grounds to file a complaint to the PSST, you are encouraged to: participate in alternate mechanisms for dispute resolution (e.g., mediation); become familiar with the PSST procedure which provides the process for the conduct of hearing complaints. Deployment Recourse The deployment complaint process under the old PSEA no longer applies. Under the new legislation, the grievance process is the means to resolve deployment complaints. Refer to your collective agreement for information on the procedures to file a grievance.

17 A Handbook for Employees Corrective Action and Revocation Along with the authority to make internal appointments, deputy ministers also have the authority to take corrective action and to revoke these appointments. Before doing so, an investigation must be conducted. The DFO Corrective Action and Revocation Policy provides information on the delegation to conduct investigations and the steps involved in the process of filing a complaint to the Deputy Minister. Complaints to the Deputy Minister are not meant to duplicate other recourse or redress mechanisms. Concerns that may warrant corrective action or revocation may come from many sources, including: complaints from employees, audits and the media. If during the course of the investigation, the Deputy Minister suspects political influence or fraud, the investigation must be turned over to the Public Service Commission. External Appointment Recourse The PSC investigates external appointment processes to ensure that appointments were made on the basis of merit and were free from errors, omissions or improper conduct. Please refer to Annex D for an Appointment Process Overview, with key activities required by managers and employees. We hope you have found this handbook useful. Please send your comments to: The Director, Recruitment and Staffing HR Strategies and Programs Fisheries and Oceans Canada 200 Kent Street, 9th floor Ottawa, Ontario K1A 0E6 or to your HR Advisor.

18 Staffing Modernization at DFO Annex A Preamble - Public Service Employment Act Recognizing that: the public service has contributed to the building of Canada, and will continue to do so in the future while delivering services of highest quality to the public; Canada will continue to benefit from a public service that is based on merit and non-partisanship and in which these values are independently safeguarded; Canada will also continue to gain from a public service that strives for excellence, that is representative of Canada's diversity and that is able to serve the public with integrity and in their official language of choice; the public service, whose members are drawn from across the country, reflects a myriad of backgrounds, skills and professions that are a unique resource for Canada; authority to make appointments to and within the public service has been vested in the Public Service Commission, which can delegate this authority to deputy heads; those to whom this appointment authority is delegated must exercise it within a framework that ensures that they are accountable for its proper use to the Commission, which in turn is accountable to Parliament; delegation of staffing authority should be to as low a level as possible within the public service, and should afford public service managers the flexibility necessary to staff, to manage and to lead their personnel to achieve results for Canadians; and the Government of Canada is committed to a public service that embodies linguistic duality and that is characterized by fair, transparent employment practices, respect for employees, effective dialogue, and recourse aimed at resolving appointment issues;. The Appointment Values Fairness - means that decisions are made objectively, free from political influence or personal favoritism; policies and practices reflect the fair and equitable treatment of employees and applicants. Access - means that there is a reasonable opportunity to apply and be considered for public service employment. Transparency - means that information about decisions, policies and practices is communicated in an open and timely manner. 18

19 NIM 111b.._ A Handbook for Employees Annex B 1 Advertised Internal Appointment Process Flowchart The appointment process is advertised Note : employees with priority status must be considered. The term "competition" no longer exists. We now refer to the notion of advertised appointment process. The advertisement includes qualifications used for screening which may include: Essential qualifications Asset qualifications Present and future operational requirements and organizational needs Candidates send in applications Candidates must demonstrate that they meet all of the merit criteria established for screening. Candidates provide information regarding any accommodation needs Candidates are evaluated - It is no longer necessary to rank candidates. "Pools of candidates" may be established ; however the requirement to create an eligibility list has been eliminated. Candidates will be informed of their elimination during the process, and can request informal discussion. Candidates are selected The candidate considered for appointment must "meet" the essential qualifications and other merit criteria established for the appointment. Candidates are notified "Notification" is meant to ensure transparency by communicating the appointment decision to individuals concerned. Notification is a two-step procedure. Informal discussion As soon as candidates are no longer considered for appointment, they can, if they see a need for it, request an informal discussion with the manager to understand why the decision was made. A candidate is appointed to the position Once a person is proposed for appointment or appointed, persons who have not been selected can file a complaint with the new Public Service Staffing Tribunal. The Deputy Minister has the authority to investigate and to take appropriate corrective action up to and including the revoking of the appointment. 19

20 Staffing Modernization at DFO Annex C Sample Statement of Merit Criteria and Conditions of Employment Position: ADMINISTRATION OFFICER (AS-02) Status: Indeterminate Mandatory Essential Qualifications Secondary School diploma Official Language Proficiency: Bilingual imperative BBB/BBB Experience in providing administrative services to a team Experience in providing advice to clients Work experience with the Microsoft Office Suite Knowledge of project management principles Optional Asset Qualifications Project Management or Human Resources or Financial Administration Certificate Operational Requirements Work on weekends from time to time Organizational Needs Increase employment equity representation, specifically through the recruitment of members of visible minorities Knowledge of the practices regarding financial management and human resources management Ability to communicate Ability to manage activities Ability to analyze and synthesize Ability to raise and solve problems Client-service oriented Effective interpersonal relationships Initiative Conditions of Employment Reliability status Candidates must meet and maintain the above condition of employment throughout their employment Before being appointed, a selected candidate must meet all essential qualifications and conditions of employment and if he/she is being appointed from outside the public service, must subscribe to the Oath or Solemn Affirmation.

21 A Handbook for Employees Annex D Appointment Process Overview Key Activities for Managers Review or revise HR Plan in preparation tin consultation with Human Resource Advisor (HRA). Phase 1 Preparation Key Activities for Employees Self-identify as a member of an EE group by filling out Parts A to C of the self-identification form. Meet with HRA. Establish merit criteria: Essential qualifications Asset qualifications Current or future operational requirements Current or future organizational needs Establish conditions of employment. Consider priority employees Determine choice of process and area of selection. Develop assessment tools. Advertise where applicable. Phase 2 Planning Phase 3 Development Employees could take this opportunity to think about career planning and developmental opportunities and to discuss these with their supervisor during the annual performance planning or review process. Seek out internal interdepartmental advertised and non-advertised processes at 11E4,, _ - and external processes at, and elsewhere. Be sure to include all the information requested to indicate how you meet the listed merit criteria to be used for screening Phase 4 Assessment Assess candidates, including languages Offer informal discussion. Identify qualified candidates. Select choose the "right fit" Prepare for assessment by researching the job and the organization and participate in assessment. Informal Discussion (ID) If eliminated from consideration, go through ID process with the hiring manager. a) Seek feedback to understand why ' you were eliminated. b) Raise issues of concern. Selection Respond to request for information required for assessment of merit criteria to determine right fit. 21

22 Staffing Modernization at DFO Key Activities for Managers Issue notification of person(s) considered for appointment. Respect waiting period before making an appointment. Verify conditions of employment Issue notification of person(s) appointed including right of recourse Offer of appointment Key Activities for Employees Phase 5 Notification & Appointment Phase 6 After Appointment I' Notification As a person in the area of selection, you are informed of the name of the person(s) being considered for appointment. If you are qualified but are not being appointed at this time, this is your opportunity for informal discussion. 2" Notification After the minimum 5 calendar day waiting period, as a person in the area of selection, you will be advised of the name of the person(s) being appointed or proposed for appointment and given information pertaining to recourse. Appointment If given offer, accept or reject it. Respond to any complaints to the Public Service Staffing Tribunal Respond to investigations Recourse If you wish to pursue a complaint in accordance with one of the three grounds, do so within the time period and in the manner specified in the 2' notification.

23 Peches et Oceans Canada Fisheries and Oceans Canada Modernisation de la dotation au MPO Guide a ('intention des employes MARS 2006 MPO

24 Les renseignements fournis dans ce guide ont ete tires d'outils de communication prepares par l'agence de gestion des ressources humaines de la fonction publique du Canada (AGRHFPC), la Commission de la fonction publique (CFP), Patrimoine Canadien (PC) et le ministere de la Defense nationale (MDN). Ils ont ete adaptes afin de refleter la mise en oeuvre de la Loi sur la modernisation de la fonction publique (LMFP) et la Loi sur l'emploi dans la fonction publique (LEFP) a Peches et Oceans Canada (MPO) et a I'Agence de la Garde cotiere canadienne. Mars 2006

25 Guide a ('intention des employes Qu'est-ce qu'on retrouve dans ce Guide pour employes? Le present guide a pour objet de vous fournir des renseignements de base sur les objectifs de la nouvelle Loi sur l'emploi dans la fonction publique (LEFP), de mettre en valeur les nouvelles initiatives et d'expliquer en detail les repercussions de ces changements sur vous en tant qu'employe(e) de Peches et Oceans Canada (MPO). Il fournit un apercu de la LEFP, y compris les elements importants de la Loi, dont la planification des ressources humaines, les nouvelles approches a la dotation, le merite, la notification, les discussions informelles, et les recours. Apercu de la LEFP Cette section expose l'objectif et les buts de la LEFP et fait ressortir les elements essentiels auxquels vous devriez etre sensibilise. La planification des ressources humaines Afin de profiter pleinement de la souplesse offerte par la nouvelle Loi, la planification des RH au MPO a ete integree a la planification des activites. On utilisera les plans des RH prepares par les regions et secteurs comme fondement pour les decisions reliees a la dotation. Vous devriez vous sensibiliser a ce que la planification des RH signifie pour vous, votre unite de travail, et le MPO. Nouvelles approches a la dotation En vertu de la nouvelle LEFP, les gestionnaires peuvent choisir parmi une gamme plus vaste d'options pour doter les postes et disposent d'une plus grande marge de manoeuvre pour adapter les processus de dotation a leurs propres besoins operationnels. Les gestionnaires ont l'option d'entreprendre, par exemple, des processus «annonces» (qu'on connaissait sous le nom de «concours») ou des processus «non annonces» (qu'on connaissait sous le nom de «nomination sans concours»), des processus «internes» (soit Pinterieur de la fonction publique) ou «externes» (soit ouverts au public). Vous verrez probablement davantage de processus collectifs de dotation, de repertoires de candidats prequalifies, de programmes de perfectionnement professionnel et d'apprentissage.

26 Modernisation de la dotation au MPO La definition du merite a ete modifiee Un autre changement important qui a une incidence pour vous est lie au concept du merite. La nouvelle LEFP stipule qu'une nomination est fond& sur le merite lorsque la personne nominee a un poste satisfait aux qualifications essentielles. Un gestionnaire peut aussi tenir compte des atouts, des exigences operationnelles ou des besoins de l'administration, presents ou futurs, que l'organisation ou l'employeur a Mini au prealable. Les discussions informelles L'introduction du nouveau processus de discussions informelles permet d'ameliorer les communications et de regler les differends de fawn preventive dans le cadre d'un processus de nomination interne. En ayant recours a la discussion informelle, vous pouvez demander a la ou les personnes qui ont pris la decision pourquoi votre candidature n'a pas ete retenue en vue d'une nomination. Notification La notification consiste en un nouveau processus en deux &tapes visant a aviser les candidate des decisions relatives a la nomination, a donner l'occasion aux personnes qui ont ete eliminees du processus, ou aux personnes qui se sont qualifides, mais dont la candidature n'a pas ete retenue aux fins de la nomination actuelle, de discuter la decision de maniere informelle, et a fournir des renseignements en ce qui a trait aux droits de recours. Nouveau mecanisme de recours Enfin, vous devez comprendre qu'il y a un nouveau mecanisme de recours pour les processus de nomination internes. Bien que les appels disparaissent comme moyen de recours, le recours lui-meme continue a exister sous forme de plaintes deposees aupres du nouveau Tribunal de dotation de la fonction publique (TDFP). En vertu de la LEFP, une personne qui n'a pas ete nommee ou dont la candidature n'a pas ete propos& pour la nomination dans le cadre d'un processus interne de nomination aura le droit de porter plainte dans les cas oil elle croit qu'il y a eu : abus de pouvoir dans l' etablissement ou l'application des criteres de merite ; abus de pouvoir dans le choix d'un processus annonce ou non annonce ; ou l'omission d'evaluer le candidat dans la langue officielle de son choix. Meme si la LEFP est entrée en vigueur le 31 decembre 2005, vous pouvez vous attendre a ce que les quelques premiers mois, voire la premiere armee, soient une etape de transition au cours de laquelle les administrateurs generaux, les gestionnaires et les employes s'efforceront de comprendre les nouveaux roles, responsabilites et possibilites en vertu de la Loi. Alors it est donc peu probable que vous constatiez des changements radicaux immediatement dans votre milieu de travail. Cependant, en vous familiarisant avec les dispositions de la Loi, en discutant avec vos gestionnaires ou en consultant vos conseillers en RH, vous serez, au fil du temps, en mesure de vous prevaloir pleinement des nombreux avantages qu'elle offre.

27 Guide a ('intention des employes Les points susmentionnes mettent en valeur des elements importants de la nouvelle LEFP, mais ce ne sont pas les seuls changements apportes par la Loi. Par exemple, elle prevoit de nouvelles dispositions liees a la participation des employes aux activites politiques, des changements aux politiques de l'employeur et des nouveaux roles et responsabilites pour les organismes centraux tels que 1'Agence de gestion des ressources humaines de la fonction publique du Canada et la Commission de la fonction publique. Pour de plus amples renseignements sur l'application de la nouvelle LEFP au MPO, veuillez consulter le site intranet des ressources humaines. Pour de plus amples renseignements sur la LMFP/LEFP, adressez-vous au Portail de la Modernisation de la fonction publique au : asp ou au Centre des ressources des communications a : hap:// _f asp Pour de plus amples renseignements au sujet de politiques et de procedures precises de la CFP, adressez-vous a : htm Pour de plus amples renseignements sur la formation et l'apprentissage, adressezvous a : htm I

28 Modernisation de la dotation au MPO La nouvelle Loi sur l'emploi dans la fonction publique (LEFP) est en vigueur depuis le 31 decembre Vous en avez probablement entendu parler et vous vous demandez : «de quoi s'agit-il»? La Loi sur l'emploi dans la fonction publique (LEFP) a pour objet de moderniser le systeme de dotation. Elle constitue une piece maitresse de la Loi sur la modernisation de la fonction publique (LMFP) adopt& en novembre 2003 et s'insere dans le programme plus vaste du gouvernement visant a moderniser la gestion des ressources humaines et a batir une fonction publique dynamique et efficace. En tant qu'employe(e) de la fonction publique, vous beneficierez d'un nouveau systeme de dotation qui favorise la souplesse, Faccessibilite, la justice et la transparence. Par exemple, vous aurez de meilleures possibilites de dialogue et de retroaction lorsque vous poserez votre candidature a des postes. Pourquoi une nouvelle Loi sur l'emploi? Pendant de nombreuses annees, les employes comme les gestionnaires ont ete frustres par le systeme de dotation dans la fonction publique. Les gestionnaires se plaignaient de processus de dotation longs et complexes. Parfois, ils avaient le sentiment qu'il etait plus important de respecter strictement les regles et d'eviter les contestations judiciaires que de nommer la personne qui convenait le mieux au poste. Les employes tenaient aussi des propos semblables. Ceux-ci etaient frustres du temps requis pour connaitre le resultat d'un concours. Pour d'autres, it etait difficile de comprendre pourquoi ils n'avaient pas ete selectionnes en vue d'un poste, ou encore, de savoir ce qu'ils auraient pu faire pour reussir. De plus, les employes croyaient qu'il etait injuste d'avoir a attendre la fin du processus de dotation pour obtenir des renseignements ou de la retroaction. La LEFP vise a resoudre ces problemes et prevoit la souplesse necessaire pour attirer de nouveaux employes possedant les competences et les talents necessaires pour servir les Canadiens. En vertu de la LEFP, la dotation est reellement du ressort de la direction, et les gestionnaires seront tenus responsables de leurs decisions dans ce domaine. Avec l'entree en vigueur de la nouvelle LEFP, la Commission de la fonction publique delegue la plupart de ses pouvoirs de dotation aux administrateurs generaux (pour nous, le sous-ministre). On encourage ensuite l'administrateur general A deleguer la dotation a l' echelon de gestion le plus bas possible au sein du ministere. Au MPO, la dotation est subdeleguee aux gestionnaires qui ont rep la formation au prealable, et qui gerent un budget salarial.

29 Guide a l'intention des employes Qu'est-ce que cela signifie pour Vous? Dans l'ensemble, la nouvelle LEFP signifie que : la dotation reposera sur un solide fondement de planification des RH ; elle comporte un nouveau vocabulaire et une nouvelle definition du merite ; it y aura probablement plus de processus de dotation collectifs ; vous pouvez discuter du processus de nomination de facon informelle avec le gestionnaire responsable ; y a un nouveau processus de notification a deux &apes ; et le mecanisme de recours a change. Mais d'abord et avant tout, vous devez savoir que la nouvelle Loi est fond& sur les valeurs, et non sur les regles. Les valeurs fondamentales que sont le merite et l'impartialite, et les valeurs en matiere de nominations, soit la justice, l'accessibilite et la transparence, n'ont pas change (voir l'annexe A). On vous invite a lire le preambule a la nouvelle LEFP, qui &once l'esprit et l'intention de la nouvelle loi. Vous la trouverez a 1'Annexe A de ce guide. De plus, les lois importantes qui regissent la fonction publique continuent s'appliquer, comme la Loi sur l'equite en matiere d'emploi, la Loi sur les langues officielles et la Loi canadienne sur les droits de la personne. La nouvelle LEFP fait ressortir l'importance de la planification des ressources humaines (RH) dans la dotation. La planification des RH est un processus qui permet de determiner les besoins actuels et futurs en ressources humaines pour permettre a l'organisation d'atteindre ses objectifs. Une telle planification fait ainsi le lien entre la gestion des ressources humaines et le plan strategique de l'organisation, et permet aux gestionnaires de concevoir une vision a long terme des orientations de leur organisation, et des ressources humaines necessaires pour y arriver. La planification des RH permet aussi aux employes de connaitre les besoins futurs de l'organisation en ce qui a trait au type de personnes recherchees, aux competences requises et a l'experience necessaire, ainsi que de mieux comprendre les decisions en matiere de dotation. Pour se preparer a la mise en oeuvre de la nouvelle LEFP, le MPO s'est fortement engage a integrer pleinement la planification des RH a la planification des activites, et a utiliser les plans des RH des regions et des secteurs comme fondement aux decisions relatives a la dotation. On peut s'attendre a ce que les gestionnaires du MPO pretent tout autant d'attention a la planification de leurs besoins en dotation qu'a la planification d'analyses de rentabilisation et de budgets. La planification continue des RH permettra de reduire la dotation au cas par cas, qui etait la norme sous l'ancien regime.