Policy on Area of Selection

Updated : 2020-10-01

Table of Contents

1. Context
2. Application
3. Effective Date
4. Policy Objective
5. Expected Results
6. Policy Requirements
7. Considerations
8. Sub-Delegation of Authority
9. Monitoring and Reporting
10. Enquiries

• ANNEX A: Definitions
• ANNEX B: Area of Selection Suggested Benchmarks for Internal Advertised Appointment Processes for Indeterminate Positions
• ANNEX C: Deputy Minister Exceptions to the National Area of Selection Requirement for External Advertised Appointment Processes
• ANNEX D: Sample Statements to expand or restrict areas of selection when using employment equity designated groups
• ANNEX E: References
• Footnotes

1. Context

In accordance with the Public Service Commission’s (PSC) Appointment Delegation and Accountability Instrument (ADAI), organizations must establish a policy on area of selection.

2. Application

This policy applies to all internal and external advertised appointment processes and internal non-advertised appointment processes within Employment and Social Development Canada (ESDC).

3. Effective Date

This policy came into effect on April 1, 2016, and replaces the previously established departmental policy related to area of selection.

4. Policy Objective

Ensure that sub-delegated managers establish areas of selection in a manner that:

• provides reasonable access to external and internal appointment opportunities when advertising;
• provides reasonable access to recourse in the context of internal non-advertised appointment processes; and
• respects the lifeline provisions of employees from Veterans Affairs Canada and the National Energy Board^{Footnote 1}.

5. Expected Results

ESDC areas of selection are set in a manner that:

• Fosters a workforce representative of the diversity, linguistic duality and range and backgrounds and skills of Canadians;
• Enables efficient hiring that is responsive to business needs and the effective delivery of departmental mandates and priorities; and
• Provides opportunities for mobility within ESDC and the public service, and enables the renewal of the ESDC workforce.

6. Policy Requirements

In establishing areas of selection, sub-delegated managers must:

• 6.1) Describe the area of selection in terms of organizational, geographic, occupational and/or employment equity criteria to determine the eligibility of individuals for consideration in an appointment process (Annex A).
• 6.2) Ensure that the area of selection, where expanded or restricted to one or more employment equity designated groups, is supported by departmental data/workforce plan (current or forecasted gap identified must be documented). This option could be used when the workforce analysis shows a gap (at the departmental, branch/regional or directorate/business line levels), or forecasts a gap based on employee turnover predictions or demographic changes.
• 6.3) Establish an area of selection that respects the Canadian Charter of Rights and Freedoms, the Agreement on Internal Trade (AIT) and the Social Union Framework Agreement (SUFA) in terms of mobility provisions.

External Advertised Appointment Processes (Jobs Open to the Public)

• 6.4) Apply a national area of selection for all external advertised appointment processes (at all groups and levels), with the following exclusions:
  1. External advertised appointment processes:
     1. Limited to members of designated employment equity groups for which there is under-representation;
     2. For opportunities of a specified period of six months or less; or
     3. For seasonal work opportunities.
  2. Student appointment processes, for appointments made under any student employment program established by Treasury Board, if it is:
     1. For a part-time opportunity;
     2. For a Co-op placement;
     3. For a re-appointment; or
     4. Run subsequent to an unproductive process.
  3. External advertised appointment processes for which an exception has been approved by the Deputy Minister of ESDC. Exceptions to the national area of selection requirement may be requested to the Deputy Minister on a case-by-case basis following the process outlined in Annex C.

Internal Advertised Appointment Processes (Jobs Open to Employees and Persons Employed in the Public Service)

• 6.5) When establishing the area of selection in an internal advertised appointment process for positions at any group and level, the intent is to provide for a reasonable pool of potential candidates. Sub-delegated managers may refer to the suggested benchmarks (Annex B) when establishing the area of selection at the EX and EX feeder group (i.e. EX minus one and EX minus two) levels. Suggested benchmarks apply to internal advertised appointment processes for indeterminate positions.

Internal Non-Advertised Appointment Processes

• 6.6) When establishing the area of selection in an internal non-advertised appointment process for positions at any group and level, the area of selection must provide a meaningful access to recourse. The following principles must be followed:
  1. The proposed appointee must be included in the area of recourse.
  2. The area of recourse should take into account the nature of the non-advertised process, the duration of the appointment and the level of the position.
  3. The area of recourse should provide recourse rights to the individuals most affected by the appointment.

7. Considerations

• The area of selection for internal appointment processes may include “employees” in the public service or “persons employed” in the public service (Annex A).
• In establishing the area of selection and determining what constitutes a reasonable pool of potential candidates, consideration should be given to:
  • the number of positions to be filled, now and in the future;
  • the nature of the position(s) – type of merit criteria (essential qualifications, asset qualifications, operational requirements and/or organizational needs);
  • the duration of employment (i.e. indeterminate, term, etc.)
  • the geographic location of the position(s); and
  • business needs such as efficiency, flexibility and costs.
• Where warranted, the area of selection for advertised processes should provide opportunities for mobility within ESDC and the public service, and enable the renewal of the ESDC workforce.
• Establishing an area of selection does not have the effect of discriminating against persons primarily on the basis of past or present province or territory of residence. An area of selection must not be established along provincial or territorial boundaries, as it would not conform to the spirit and intent of the Canadian Charter of Rights and Freedoms.
• Veterans and serving Canadian Armed Forces members do not need to meet the area of selection requirements in an internal appointment process that is advertised, except for any employment equity criteria that may be established. Veterans and serving Canadian Armed Forces members are eligible to participate in any advertised internal appointment process including term, indeterminate and acting appointments for up to five years after their release.
• Deputy Minister-approved exceptions to the national area of selection requirement will enable ESDC to strike an appropriate balance between exceptional business pressures and Parliament’s expectations that Canadians from across the country will have access to public service employment opportunities.
• The area of selection may include persons employed under Treasury Board Secretariat-approved student employment programs (e.g. the Federal Student Work Experience Program, the Research Affiliate Program, the Co-op/Internship Program). Students must be able to demonstrate that they are capable of completing their current program of study within the time frame indicated by the sub‑delegated manager in the advertisement.
• In internal advertised processes, where it is not certain that a reasonable pool of candidates exists, it is possible to use a sliding area of selection, for example:
  • Using organizational criteria: ESDC employees – Should an insufficient number of applicants be identified, persons employed in the public service will also be considered.
  • Using geographic criteria: ESDC employees in the National Capital Region – Should an insufficient number of applicants be identified, then persons employed by ESDC working in Canada will also be considered.

8. Sub-Delegation of Authority

The authority to establish areas of selection within the Department is sub-delegated by the Deputy Minister to sub-delegated managers in accordance with ESDC’s Table of Human Resources Authorities.

9. Monitoring and Reporting

The Human Resources Services Branch may monitor adherence to this organizational policy as a component of the on-going monitoring of ESDC’s staffing system.

On a yearly basis, ESDC must report to the Public Service Commission (PSC) on Deputy Minister-approved exceptions to the national area of selection requirement for external advertised appointment processes.

The Annex B of the Public Service Commission's (PSC) Appointment Policy indicates that staffing information must be accessible for a minimum period of five years after the last administrative action for each appointment.

10. Enquiries

Questions related to the application of this policy are to be directed to:
Workforce Strategies, Human Resources Services Branch.

APPROVED BY

Deputy Minister, Employment and Social Development Canada