Part IIOrderPublished: July 5, 2023

Assessment of Bias in Public Service Hiring

Order Fixing July 1, 2023 as the Day on Which Subsection 277(2) and Section 280 of the Budget Implementation Act, 2021, No. 1 Comes into Force (Public Service Employment Act): SI/2023-20

This order fixes July 1, 2023 as the day two provisions of the Budget Implementation Act, 2021, No. 1 that amend the Public Service Employment Act come into force. It requires the Public Service Commission and deputy heads to evaluate assessment methods for biases and barriers affecting equity-seeking groups and to make reasonable efforts to remove or mitigate them.

Published
July 5, 2023
Department
Unavailable
Section
Order Fixing July 1, 2023 as the Day on Which Subsection 277(2) and Section 280 of the Budget Implementation Act, 2021, No. 1 Comes into Force (Public Service Employment Act)
Comment deadline
Unavailable
Effective date
July 1, 2023
Publication part
Part II

Summary

Summary#

This is an order that sets July 1, 2023 as the day two remaining parts of the Budget Implementation Act, 2021, No. 1 that change the Public Service Employment Act come into force. The changes give the Public Service Commission and deputy heads new duties to look for and address bias and barriers in public service hiring and assessment methods.

What it does#

  • Clarifies that an error, omission or improper conduct includes those caused by a bias or barrier that disadvantages people who belong to equity-seeking groups.
  • Requires an evaluation of assessment methods before they are used to identify any biases or barriers and, if one is found, to make reasonable efforts to remove it or reduce its impact.
  • Gives the Public Service Commission and deputy heads explicit authority to investigate appointment processes for bias and barriers.
  • Notes that the Commission updated the federal hiring rules (the Appointment Delegation and Accountability Instrument (ADAI) and the Appointment Policy) and that those amendments took effect on July 1, 2023 to align with these legal changes.

Who's affected#

  • Public Service Commission and deputy heads responsible for staffing decisions.
  • Federal departments and agencies that hire public servants.
  • Hiring managers and human-resources staff who design or apply assessment methods.
  • Job applicants for federal public service positions — especially people who belong to equity-seeking groups and may face systemic barriers.

Why it matters#

  • The change aims to make federal hiring fairer by forcing people who run staffing processes to look for hidden bias in tests, interviews and other assessment tools.
  • In practice, departments must document evaluations of assessment methods and show efforts to remove or reduce barriers.
  • This could change how hiring is designed and run across the federal public service and may improve access to jobs for groups that have faced disadvantages.

Key topics

Budget Implementation Act, 2021, No. 1Public Service Employment ActPSEAPublic Service CommissionAppointment Delegation and Accountability InstrumentADAIAppointment Policyequity-seeking groupsassessment methodsbias and barriersdeputy headsTreasury Board Secretariatfederal staffingmerit-based public service

Source: Canada Gazette

Official source