Guidelines on Considerations for Public Service Commission of Canada Investigations Conducted at the Request of the Deputy Head under Subsection 67(2) of the Public Service Employment Act
Introduction
The Public Service Commission will undertake investigations at the request of the deputy head to ensure that appointment processes in their organization are made in accordance with the Public Service Employment Act.
The Public Service Commission, in conducting an investigation at the request of the deputy head, will do so in accordance with the Public Service Commission's standards and the investigator will submit the investigation report to the deputy head for decision and the Public Service Commission for information and oversight purposes.
Objective
These guidelines are intended to communicate the considerations and conditions under which the Public Service Commission will conduct an investigation into an appointment process at the request of the deputy head.
Application
These guidelines apply to investigations of internal appointment processes that were conducted by a deputy head acting under subsection 15(1) of the Public Service Employment Act and requested by the deputy head under subsection 67(2).
Considerations
In order to reach its decision, the Commission may consider, but is not limited to, whether:
- the matter falls within the deputy head's jurisdiction under subsection 15(3) of the Public Service Employment Act and the Public Service Commission was requested to investigate under subsection 67(2)
- the matter raises the possibility of a problem in the application of the Public Service Employment Act that affected the selection of the person appointed or proposed for appointment or a breach of the Act, the Public Service Employment Regulations, Public Service Commission or organizational policies or the terms and conditions of delegation
- the information obtained suggests the possibility of a pattern of irregularities in the application of the Public Service Employment Act, the Public Service Employment Regulations, Public Service Commission or organizational policies or the terms and conditions of delegation
- there exists the possibility of implementing corrective actions
- sufficient resources are available within the Public Service Commission’s Investigations Directorate to conduct the investigation
In conducting an investigation at the request of the deputy head, the investigator, acting on behalf of the Commission will:
- follow the standards for Public Service Commission investigations
- provide a copy of the investigation report to the Public Service Commission for information and oversight purposes