Policy on Corrective Action and Revocation

Updated : 2020-10-01

Table of Contents

1. Context
2. Application
3. Effective Date
4. Policy Objectives
5. Policy Requirements
6. Sub-Delegation of Authority
7. Monitoring and Reporting
8. Enquiries

• ANNEX A: Definitions
• ANNEX B: References

1. Context

Section 15 of the Public Service Employment Act (PSEA) specifies that where the Public Service Commission (PSC) delegates to the Deputy Minister the authority to make appointments pursuant to an internal appointment process, this authority must include the power to revoke those appointments and to take corrective action whenever the Deputy Minister, after investigation, is satisfied that an error, an omission, or improper conduct affected the selection of a person for appointment.

2. Application

This policy applies to all appointments made or proposed from internal advertised and non-advertised appointment processes within Employment and Social Development Canada (ESDC).

The following matters must be immediately referred by the Department to the PSC in accordance with sections 66, 68 and 69 of the PSEA:

• Where there is reason to believe an internal or external appointment or proposed appointment was not free from political influence or where fraud may have occurred in an appointment process; and
• Where there is reason to believe an appointment was not made on the basis of merit, or where there was an error, omission or improper conduct that affected the selection of the person appointed or proposed for appointment in an external appointment process.

3. Effective Date

This policy came into effect on April 1, 2016, and replaces the previously established departmental policy related to corrective action and revocation.

4. Policy Objectives

• Ensure consistency, fairness and transparency in making a decision to take corrective action or to revoke an appointment.
• Ensure that investigations and the process followed for corrective action and/or revocation respect the principles of procedural fairness, including:
• The right to be heard;
• The right to an impartial investigation;
• The right to be represented; and
• The right to have a decision, with reasons.

5. Policy Requirements

• 5.1)  Staffing concerns and/or complaints alleging irregularities in an appointment process may be directed to the attention of ESDC’s Deputy Minister or the Human Resources Services Branch (HRSB) through a variety of sources.
• 5.2)  The responsibility for deciding whether an investigation is required or if the matter should be referred to the PSC will be assigned to the authorized person within the HRSB in accordance with the ESDC's Table of Human Resources Authorities (DOC, 341 KB).
• 5.3)  If an investigation is deemed necessary, the authorized person within the HRSB in accordance with the ESDC's Table of Human Resources Authorities (DOC, 341 KB) will ensure that the process is conducted by a designated investigator, who in turn will determine the investigation process on the basis of the circumstances of the case.
• 5.4)  Prior to deciding to take corrective action or revoke an appointment, the Deputy Minister must be satisfied, following an investigation, that there has been an error, omission, or improper conduct that affected the selection of the person appointed or proposed for appointment.
• 5.5)  In order to ensure procedural fairness throughout the investigation and prior to deciding to take corrective action or revoke an appointment, the person(s) affected are informed and given due notice of the situation and are given an opportunity to present relevant facts and to have their position fully and fairly considered.
• 5.6)  In the case of revocation, the person(s) affected must be informed in writing of:
  1. the effective date of the revocation and the reasons for the decision;
  2. whether he or she will be appointed to another position for which he or she is deemed to meet the essential qualifications; and
  3. his or her right to file a complaint, and the time period within which to make a complaint, to the Federal Public Sector Labour Relations and Employment Board (FPSLREB) on the ground that the revocation was unreasonable.
• 5.7)  Communications with respect to corrective action or revocation to person(s) affected by the decision must respect the Official Languages Act (an employee’s right to use the official language of his or her choice) and respect the Treasury Board / PSC Policy on the Duty to Accommodate Persons with Disabilities (e.g., ensuring that documents are in an accessible format).
• 5.8)  All information regarding corrective action and revocation decisions must be preserved in accordance with organizational requirements for retention and be readily available.

6. Sub-Delegation of Authority

The authorities to conduct an investigation on an internal appointment process and to approve and implement corrective actions within the Department are sub-delegated by the Deputy Minister to sub-delegated managers in accordance with ESDC’s Table of Human Resources Authorities (DOC, 341 KB).

The authority to revoke an appointment remains with the Deputy Minister. It cannot be sub-delegated [PSEA 15(3) and 24(2)].

7. 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 PSC on the results of any investigation and on progress made to implement corrective actions and/or revocations following a PSC investigation.

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.

8. 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