Response of Canada to the Comments of Saint Vincent and the Grenadines
SYSTEMS OF GOVERNMENT HIRING
1.1.1 Existence of provisions in the legal framework and/or other measures
Question: In what circumstances does the Act provide for appointments to the public service to be made without the participation of the Commission?
Response: There may be Governor-in-Council appointments, appointments under other legislation (in those organizations that do not fall under the PSEA), appointments to Ministers’ offices (s. 128), or appointments made by deputy heads with delegated authority from the PSC.
Question: Section 33 of the PSEA. What factors will determine whether the appointment is advertised or not advertised?
Response: There is a "Choice of Appointment Process Policy" for this purpose as well as a list of considerations and decision-making parameters available to managers.
Question: Section 36 of the PSEA. How is consistency ensured in the assessment methods adopted in respect of appointments?
Response: The appeal process, investigations and audits ensure a certain degree of consistency. The methods chosen must assess the qualifications required for the position.
Question: Section 66 of the PSEA. Do similar provisions exist for investigating an internal appointment process?
Response: Section 67 provides that the Commission may investigate internal appointment processes if not conducted by a deputy head or at the request of a deputy head. The Commission may also investigate situations of political influence or fraud.
Question: The Guide to Implementing the Choice of Appointment Policy. The PSEA values expect to see advertised appointment processes as the standard practice. However in the 2005/6 year 44% of posts were not advertised. Why is the % so high and what is being done to reduce the high number of non-advertised appointments?
Response: The "Choice of Appointment Process Policy" was developed in response, and this includes a requirement for organizations to implement monitoring and review provisions. Further, paragraph 77(1)(b) provides that the abuse of authority by the Commission in choosing between an advertised and a non-advertised internal appointment process is a ground for appeal to the PSST.
Question: Where a complaint regarding an appointment is founded what is the remedy to the complainant?
Response: Corrective measures may be implemented as appropriate and an appointment may be revoked or not made. Corrective measures may also include remedies under the Canadian Human Rights Act. Section 82 of the PSEA provides the restrictions on what a Tribunal may order.
Question: If a complaint is outside the jurisdiction of the Commission, is advice given to the individual as to how the matter may be proceeded with using some other investigative process?
Response: No, this would not be within the PSC's mandate and may even be a conflict of interest.
Question: Regarding the types of issues under investigation by the Commission, is there any follow-up to see if the issues are addressed?
Response: Section 83 of the PSEA deals with the failure of corrective action.
1.2 GOVERNMENT SYSTEMS FOR THE PROCUREMENT OF GOODS AND SERVICES
1.2.1 Existence of provisions in the legal framework and/or other measures
- Page 19. Exceptions to the provisions are allowed when, among other things, a Party considers it necessary for the protection of essential security etc. Can the claiming of such exception be challenged?
Response: No.
- Page 20. Tender notices are to indicate whether the procurement is exempted from the obligations of the AIT. What criteria govern such exemption?
Response: The exceptions to the procedures for procurement can be found at http://www.marcan.net/english/index2.htm.
The exceptions include provisions related to:
Services
Non-application
Circumstances for different procedures
Circumstances for sole source
Regional and economic development
Legitimate objectives
Aboriginal peoples
Culture
National Security
- Page 21. The Procurement Ombudsman. When appointed what will be the procedure for dealing with the recommendations of the Ombudsman. What powers will he have?
Response: The appointment of the Procurement Ombudsman received Royal Assent on May 1, 2008. The regulations will be published in the Canada Gazette on May 14, 2008. The powers are anticipated to reflect an amendment to the Department of Public Works and Government Services Act not yet in force and include the following general duties and functions:
The Procurement Ombudsman shall, in accordance with the regulations,
(a) review the practices of departments for acquiring materiel and services to assess their fairness, openness and transparency and make any appropriate recommendations to the relevant department for the improvement of those practices;
(b) review any complaint respecting the compliance with any regulations made under the Financial Administration Act of the award of a contract for the acquisition of materiel or services by a department to which the Agreement, as defined in section 2 of the Agreement on Internal Trade Implementation Act, would apply if the value of the contract were not less than the amount referred to in article 502 of that Agreement;
(c) review any complaint respecting the administration of a contract for the acquisition of materiel or services by a department; and
(d) ensure that an alternative dispute resolution process is provided, on request of each party to such a contract.
Details with respect to these powers, including the power of recommendations, will be contained in the regulations.
Page 3 of 3