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Detailed Equity Considerations for SERLO / Considérations détaillées en matière d’équité pour le SERLO (view source)
Revision as of 16:03, 22 February 2026
, Yesterday at 16:03→Equity considerations by SERLO step (exhaustive; PSC wording)
This evergreen guide was developed using various Workforce Availability (WFA) references and Selection of Employees for Retention or Lay‑Off (SERLO) guides from across the public service. It was drafted with the support of AI to improve clarity, consistency, and plain‑language readability, and it was reviewed and validated by employee network members to check for accuracy, accessibility, and equity considerations. The result is a practical resource that reflects current policy practices while centering fairness, transparency, and representativeness throughout all 14 SERLO steps.
.This evergreen guide was developed using various Workforce Availability (WFA) references and Selection of Employees for Retention or Lay‑Off (SERLO) guides from across the public service. It was drafted with the support of AI to improve clarity, consistency, and plain‑language readability, and it was reviewed and validated by employee network members to check for accuracy, accessibility, and equity considerations. The result is a practical resource that reflects current policy practices while centering fairness, transparency, and representativeness throughout all 14 SERLO steps.
'''Workforce adjustment''' is a formal situation that occurs when a deputy head decides that the services of one or more permanent (indeterminate) employees will no longer be required beyond a specific date. This statement establishes the legal and organizational trigger for workforce adjustment and underscores that the decision relates to indeterminate employees and a defined date after which their services are no longer required. It calls for early planning, rigorous documentation, and consistent communication because employee rights, notice periods, and entitlements depend on that date.
'''Workforce adjustment''' is a formal situation that occurs when a deputy head decides that the services of one or more permanent (indeterminate) employees will no longer be required beyond a specific date. This statement establishes the legal and organizational trigger for workforce adjustment and underscores that the decision relates to indeterminate employees and a defined date after which their services are no longer required. It calls for early planning, rigorous documentation, and consistent communication because employee rights, notice periods, and entitlements depend on that date.
This usually happens because of a lack of work, the discontinuance of a specific function, or an organizational restructuring that changes how a department delivers its mandate. This sentence identifies the common operational reasons that lead to workforce adjustment and makes clear that the cause must be tied to work—either its absence, its discontinuance, or its reconfiguration—rather than to individuals. Each reason should be supported by objective evidence (for example, workload data, changed priorities, or a new delivery model) to ensure decisions are defensible.
This usually happens because of a lack of work, the discontinuance of a specific function, or an organizational restructuring that changes how a department delivers its mandate. This sentence identifies the common operational reasons that lead to workforce adjustment and makes clear that the cause must be tied to work-either its absence, its discontinuance, or its reconfiguration-rather than to individuals. Each reason should be supported by objective evidence (for example, workload data, changed priorities, or a new delivery model) to ensure decisions are defensible.
'''Selection of Employees for Retention or Lay‑Off (SERLO)''' is a structured methodology governed by the Public Service Employment Act (PSEA). It is the core decision‑making method used during workforce adjustment and that it is anchored in statute, which requires adherence to legal standards, clear criteria, and procedural fairness at each stage.
'''Selection of Employees for Retention or Lay‑Off (SERLO)''' is a structured methodology governed by the Public Service Employment Act (PSEA). It is the core decision‑making method used during workforce adjustment and that it is anchored in statute, which requires adherence to legal standards, clear criteria, and procedural fairness at each stage.
Restructuring often involves moving work from regional offices to urban centers. Diversity levels are not spread evenly across the country; for instance, representation for members of visible minorities is often significantly higher in major cities compared to rural regions.
Restructuring often involves moving work from regional offices to urban centers. Diversity levels are not spread evenly across the country; for instance, representation for members of visible minorities is often significantly higher in major cities compared to rural regions.
'''Expanded guidance:''' Location choices materially affect representation. Consolidating to or from urban centres should be modelled for demographic impact, so decision makers can see the representation consequences of each option. If the Future State involves closing an urban office without modeling the demographic impact, the organization may unintentionally eliminate a large portion of its diverse workforce. A "Geographic Representation Snapshot" must be completed to ensure that consolidation does not create a "diversity desert" and that the department maintains its commitment to a workforce that reflects the Canadian population it serves.
'''Expanded guidance:''' Location choices materially affect representation. Consolidating to or from urban centres should be modelled for demographic impact, so decision makers can see the representation consequences of each option. If the Future State involves closing an urban office without modeling the demographic impact, the organization may unintentionally eliminate a large portion of its diverse workforce. A "Geographic Representation Snapshot" must be completed to ensure that consolidation does not create a material under‑representation risk. and that the department maintains its commitment to a workforce that reflects the Canadian population it serves.
'''Implementation detail:''' The snapshot should show current representation by site, projected representation after proposed changes, and differences from departmental baselines and adjusted availability. Summarize findings in the Step 1 Decision Record and note mitigation steps where risks are identified.
'''Implementation detail:''' The snapshot should show current representation by site, projected representation after proposed changes, and differences from departmental baselines and adjusted availability. Summarize findings in the Step 1 Decision Record and note mitigation steps where risks are identified.
=== STEP 2: Determine the Affected Part(s) of the Organization ===
=== STEP 2: Determine the Affected Part(s) of the Organization ===
Step 2 defines the "scope boundary"—the specific organizational unit (section, division, or directorate) and the geographic area (local, regional, or national) where the workforce adjustment will occur. This clarifies that both organizational and geographic dimensions must be set and that they determine who is considered “in scope” for the SERLO pool.
Step 2 defines the "scope boundary"-the specific organizational unit (section, division, or directorate) and the geographic area (local, regional, or national) where the workforce adjustment will occur. This clarifies that both organizational and geographic dimensions must be set and that they determine who is considered “in scope” for the SERLO pool.
These boundaries are the most important factor in determining who is placed "at risk" and who is kept "safe." This underscores the effect of scope on people. Therefore, the rationale must be explicit, consistent, and based on work, not individuals.
These boundaries are the most important factor in determining who is placed "at risk" and who is kept "safe." This underscores the effect of scope on people. Therefore, the rationale must be explicit, consistent, and based on work, not individuals.
Step 4 is the formal notification phase. This clarifies that all parties must be advised that workforce adjustment activities are underway, prior to assessments.
Step 4 is the formal notification phase. This clarifies that all parties must be advised that workforce adjustment activities are underway, prior to assessments.
The organization must inform the Treasury Board Secretariat (TBS), the unions (bargaining agents), and the affected employees that a workforce adjustment is underway. This is not a layoff notice; it is an organizational announcement intended to ensure transparency before any assessments begin. The package should clearly explain the purpose of the notice, the steps to come, the supports available, and points of contact in both official languages.
The organization must notify TBS‑OCHRO confidentially at the earliest possible date and not less than four working days before any announcement likely to involve a specified number of employees. Notify national heads of the bargaining agents before notifying employees, then notify employees. This is not a layoff notice; it is an organizational announcement intended to ensure transparency before any assessments begin. The package should clearly explain the purpose of the notice, the steps to come, the supports available, and points of contact in both official languages.
'''The requirement for simultaneous notification to all employees.'''
'''The requirement for simultaneous notification to all employees.'''
==== '''Ensuring communication materials are accessible by design.''' ====
==== '''Ensuring communication materials are accessible by design.''' ====
Provide letters and instructions in accessible formats and plain language. Ensure web or intranet postings meet WCAG 2.1 AA. Follow TBS ‘Guidelines on Making Communications Products and Activities Accessible. Refrain from using PDFs or emails that may not be screen‑reader compatible or available in alternate formats like large print. Under the Accessible Canada Act, the department has a legal obligation to ensure that SERLO communications are accessible to all.
'''Expanded guidance:''' Prepare communications in accessible formats (for example, accessible Word or HTML) with plain language, clear headings, and simple navigation. Offer alternate formats upon request. The Accessibility function should review the notification package before it is released. This includes ensuring that the instructions for requesting help or seeking union advice are clear, unambiguous, and easy to find for everyone, regardless of their physical or cognitive abilities.
'''Expanded guidance:''' Prepare communications in accessible formats (for example, accessible Word or HTML) with plain language, clear headings, and simple navigation. Offer alternate formats upon request. The Accessibility function should review the notification package before it is released. This includes ensuring that the instructions for requesting help or seeking union advice are clear, unambiguous, and easy to find for everyone, regardless of their physical or cognitive abilities.
=== STEP 5: Conduct Required Classification and Staffing Activities ===
=== STEP 5: Conduct Required Classification and Staffing Activities ===
This step ensures that all job descriptions and language profiles are accurate and up‑to‑date. If the work has changed as part of the restructuring, the permanent (substantive) positions must be re‑evaluated to reflect the current duties before any assessment of employees occurs. This prevents employees from being measured against outdated or prestige‑based criteria and ensures assessments are aligned with actual work.
This step ensures that all job descriptions and language profiles are accurate and up‑to‑date. If the work has changed as part of the restructuring, the permanent (substantive) positions must be re‑evaluated to reflect the current duties before any assessment of employees occurs. This prevents employees from being measured against outdated or requirements linked to access to high‑visibility work rather than job needs and ensures assessments are aligned with actual work.
'''Removing requirements based on historical prestige.'''
'''Removing requirements based on historical prestige.'''
Inequity is often hidden in the "fine print" of job descriptions. Requirements like "experience briefing senior executives" or "central agency exposure" are often markers of past privilege rather than actual technical skills. These markers reflect who has had access to high‑profile projects in the past.
Inequity is often hidden in the "fine print" of job descriptions. Requirements like "experience briefing senior executives" or "central agency exposure" are often markers of past privilege rather than actual technical skills. These markers reflect who has had access to high‑profile projects in the past.
'''Expanded guidance:''' Replace prestige markers with competency‑based statements tied to duties and observable behaviours, expressed in plain language. Employment Equity groups have historically faced more barriers to these types of high‑visibility opportunities. To ensure a fair pool, the department should screen descriptions to replace these historical access markers with competency‑based language, such as "Ability to communicate complex data to senior decision‑makers."
'''Expanded guidance:''' Replace requirements linked to access to high‑visibility work rather than job needs with competency‑based statements tied to duties and observable behaviours, expressed in plain language. Employment Equity groups have historically faced more barriers to these types of high‑visibility opportunities. To ensure a fair pool, the department should screen descriptions to replace these historical access markers with competency‑based language, such as "Ability to communicate complex data to senior decision‑makers."
'''Implementation detail:''' Verify that each essential qualification maps to a specific Future State duty and the method that will assess it.
'''Implementation detail:''' Verify that each essential qualification maps to a specific Future State duty and the method that will assess it.
=== STEP 6: Establish a Voluntary Departure Program (VDP), Where Required ===
=== STEP 6: Establish a Voluntary Departure Program (VDP), Where Required ===
If five or more indeterminate employees at the same group and level in the same unit are affected and no GRJO is assured, establish a VDP before SERLO. Provide at least 30 days for volunteers to decide. It allows employees to choose to leave with a package before any involuntary layoffs are decided. Program parameters should be communicated clearly, with timelines, eligibility, benefits, and points of contact.
==== '''Ensuring the program remains truly voluntary and free of pressure.''' ====
==== '''Ensuring the program remains truly voluntary and free of pressure.''' ====
=== STEP 7: Determine the Qualifications, Requirements, and Organizational Needs ===
=== STEP 7: Determine the Qualifications, Requirements, and Organizational Needs ===
Step 7 sets the "Merit Criteria"—the list of skills, knowledge, and needs that will be used to decide who stays. These factors form the legal basis for all assessments and retention decisions under the Public Service Employment Regulations (PSER). Criteria must be directly tied to duties and expressed in clear, objective terms.
Step 7 sets the "Merit Criteria"-the list of skills, knowledge, and needs that will be used to decide who stays. These factors form the legal basis for all assessments and retention decisions under the Public Service Employment Regulations (PSER). Criteria must be directly tied to duties and expressed in clear, objective terms.
==== '''The use of clear and objective criteria to prevent bias.''' ====
==== '''The use of clear and objective criteria to prevent bias.''' ====
=== STEP 10: Inform Employees in Writing ===
=== STEP 10: Inform Employees in Writing ===
Every employee in the SERLO pool must receive a formal letter listing the qualifications being tested, the methods that will be used, and how to request help (accommodation) through the process. Letters should be accessible, bilingual, and free of jargon.
Every employee in the SERLO pool must receive a formal letter listing the qualifications being tested, the assessment methods that will be used, timelines, and how to request an accommodation through the process. Letters should be accessible, bilingual, and free of jargon.
==== '''The "no surprises" principle in notifying employees.''' ====
==== '''The "no surprises" principle in notifying employees.''' ====
==== '''Using independent scoring to prevent dominant opinions.''' ====
==== '''Using independent scoring to prevent dominant opinions.''' ====
To avoid the "Halo Effect"—where one influential assessor’s opinion sways the entire panel—each grader must write their scores down privately before they talk as a group.
To avoid the "Halo Effect"-where one influential assessor’s opinion sways the entire panel-each grader must write their scores down privately before they talk as a group.
'''Expanded guidance:''' Preserve original, independent scores for each assessor and each criterion, then hold a panel discussion to reconcile differences if needed. These initial scores must be kept in the file. If a score is changed after the group discussion, the manager must write down a clear factual reason for the adjustment. This protects against a dominant personality on the panel from unfairly favoring or disadvantaging certain employees.
'''Expanded guidance:''' Preserve original, independent scores for each assessor and each criterion, then hold a panel discussion to reconcile differences if needed. These initial scores must be kept in the file. If a score is changed after the group discussion, the manager must write down a clear factual reason for the adjustment. This protects against a dominant personality on the panel from unfairly favoring or disadvantaging certain employees.
==== '''Ensuring the baseline of essential qualifications is met.''' ====
==== '''Ensuring the baseline of essential qualifications is met.''' ====
Merit is the first principle of the SERLO. Employees who do not meet even one "Essential Qualification" - including official language proficiency—cannot be retained under the law.
Merit is the first principle of the SERLO. Employees who do not meet even one "Essential Qualification" - including official language proficiency-cannot be retained under the law.
'''Expanded guidance''': Verify essentials before any organizational need is considered. If an essential is not met, the individual cannot be retained through the SERLO outcome. The manager must verify that every person selected for retention has successfully demonstrated all essential factors. Applying equity preferences can only happen among employees who have met this fundamental merit baseline, ensuring a competent and diverse continuing workforce.
'''Expanded guidance''': Verify essentials before any organizational need is considered. If an essential is not met, the individual cannot be retained through the SERLO outcome. The manager must verify that every person selected for retention has successfully demonstrated all essential factors. Applying equity preferences can only happen among employees who have met this fundamental merit baseline, ensuring a competent and diverse continuing workforce.
=== STEP 13: Provide Written Notice of Lay‑Off or Retention ===
=== STEP 13: Provide Written Notice of Lay‑Off or Retention ===
Formal letters are issued to all participants. Lay‑off notices must legally contain five specific elements: the statement of lay‑off, the legal reason, the specific selection reason, the effective date, and the right to complain. Retention letters should confirm continuation in the position and any next steps.
Formal letters are issued to all participants. Lay‑off notices must contain Include at least: the lay‑off decision under PSEA s.64; the assessed factors under PSER s.22(2) and how they led to selection; the effective date; available WFA supports; and the right to complain to the FPSLREB under PSEA s.65, including timelines and how to file. Retention letters should confirm continuation in the position and any next steps.
==== '''Transparency through the 5‑point mandatory notice content.''' ====
==== '''Transparency through the 5‑point mandatory notice content.''' ====
'''Implementation detail:''' Use a file completeness checklist and conduct a peer review of a sample of files for consistency.
'''Implementation detail:''' Use a file completeness checklist and conduct a peer review of a sample of files for consistency.
==== Consolidated execution checklist ====
=== Equity considerations by SERLO step (exhaustive; PSC wording) ===
{| class="wikitable"
!'''PSC Step'''
!'''Equity considerations (each bullet on a new line with an inline link and immediate citation)'''
|-
!'''Step 1: Determine the desired current and future state of the organization'''
|• Explain in plain language how the future state is tied to program authorities, service standards, risks and outputs (not people), and keep the write‑up in your file as PSC expects in its step‑by‑step guide: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Selection of employees for retention or lay‑off: Guide for managers and HR specialists].
• Complete a workforce analysis that shows current Employment Equity (EE) representation for the affected work and note where the future design could reduce representativeness, as set out in the PSC’s planning expectations under this step: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
• Identify official language profiles objectively (service to public, supervision, language of work) using the TBS Directive on Official Languages for People Management and the Commissioner’s guidance on language requirements of positions.
• Prepare a '''Projected Representation worksheet''' for each unit (current EE counts → minus proposed reductions → divided by future positions) and compare results against departmental baselines and official WFA benchmarks; save the worksheet with your Step 1 records following PSC’s documentation expectations here: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
• Note any foreseeable accessibility or accommodation impacts of the future state (for example, more written deliverables, more in‑person tasks) and plan mitigations in later steps; use TBS’s Guidelines on Making Communications Products and Activities Accessible to frame accessible‑by‑design expectations.
|-
!'''Step 2: Determine the affected part(s) of the organization'''
|• Set organizational and geographic boundaries that follow the work (functions), not people, and record the scope rationale in your file as described in the PSC’s step for defining the affected part(s): [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
• Run a “Similar Work Test” (list core duties/time, where else they occur) so units with comparable work are treated consistently; place the test in the Step 2 file in line with the PSC’s scoping guidance: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
• Check whether a local‑only scope concentrates impacts on highly diverse offices and document why a local, regional, or national boundary is fair for service delivery, as PSC says to do under this step: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
|-
!'''Step 3: Identify the positions and affected employees'''
|• Build the pool using '''substantive positions''' and include indeterminate incumbents on leave, assignment, secondment, or acting elsewhere (exclude terms) exactly as PSC sets out under Step 3: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
• Group by '''actual duties''' (not job titles alone) to avoid isolating diverse employees into very small pools; PSC explains how to do this under Step 3 here: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
• Audit tenure, location and language‑profile data and correct the HR source system so no one is excluded because of stale or incorrect data, consistent with PSC’s Step 3 integrity checks: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
|-
!'''Step 4: Notification to the Treasury Board of Canada Secretariat – Office of the Chief Human Resources Officer, bargaining agents, and employees'''
|• Follow the PSC sequence to ensure equal access to information: notify '''TBS‑OCHRO''' in confidence '''at least four working days''' before announcement, notify '''bargaining agents''', then notify '''employees''' as outlined under Step 4: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
• Send simultaneous notices (including to employees on leave) and provide plain‑language, accessible formats (for example, accessible Word/HTML and WCAG‑conformant pages) using TBS’s Guidelines on Making Communications Products and Activities Accessible.
|-
!'''Step 5: Conduct classification and staffing activities'''
|• Update work descriptions so they reflect future duties and '''remove access‑based criteria''' (for example, “briefed executives”) that may reflect privilege rather than job needs, per PSC’s Step 5 practice: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
• Identify language profiles with an '''objective analysis''' tied to duties (public service, supervision, language of work) using the TBS Directive on Official Languages for People Management and the Commissioner’s [https://www.clo-ocol.gc.ca/en/language-rights/language-rights-federal-public-service/language-requirements-positions language requirements of positions], and keep the analysis in file.
|-
!'''Step 6: Establish a voluntary departure program'''
|• If applicable (for example, five or more affected indeterminate employees at same group/level with no GRJO), run the '''VDP before SERLO''' and keep the parameters and selection rules in file as standard practice noted by PSC context and union guidance: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
• Give employees '''at least 30 days''' to decide and monitor uptake in the aggregate for disproportionate participation by any EE group.
• Issue a written “no‑pressure” directive to managers to prevent informal steering, consistent with fair program administration described in PSC’s Step 6 context: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
|-
!'''Step 7: Determine the qualifications, requirements, and needs'''
|• Build a '''Criteria Justification Table''' showing each essential/asset qualification, the linked duty, and observable evidence, in line with PSER s.22(2) factors and PSC Step 7 expectations: [https://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-334/FullText.html PSER, s.22] and [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
• Remove subjective terms (for example “fit,” “leadership potential”) and specify '''observable''' evidence, as PSC advises under Step 7: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists.]
[https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html •] If setting '''organizational needs''' (for representativeness), ground them in evidence and apply '''only among employees who met all essentials''', consistent with the merit framework under [https://laws-lois.justice.gc.ca/eng/acts/P-33.01/ PSEA, s.30(2)(b)–(3)].
|-
!'''Step 8: Determine the assessment methods'''
|• Approve '''one Master Assessment Plan''' (same methods/weights/cut scores/rubrics for the whole pool) and plan calibration/training as PSC advises under Step 8: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists.]
• Build accommodation pathways (formats, time adjustments, equivalent alternatives) directly into the plan and communicate them in plain language, per PSC’s Step 8 approach: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists.]
|-
!'''Step 9: Identification of biases and barriers'''
|• Complete the '''bias‑and‑barrier evaluation before using any assessment method''' and keep the record in the file as legally required under [https://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-334/FullText.html PSER, s.22(5)].
• Use the PSC’s [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide to Mitigating Biases and Barriers in Assessment] and the companion [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/tool-mitigating-biases-barriers-assessment.html Tool for Mitigating Biases and Barriers in Assessment] to assess language complexity, technology demands, timing, instructions, rating processes, and mitigation measures; retain the completed tool.
• Confirm approved accommodations in writing and standardize administration across the pool, as PSC’s fair‑assessment materials require: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/guide-mitigating-biases-barriers-assessment.html Guide to Mitigating Biases and Barriers in Assessment].
|-
!'''Step 10: Inform employees'''
|• Send bilingual, accessible letters that list the '''factors''' set under [https://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-334/FullText.html PSER, s.22(2)] and the '''assessment methods''' under [https://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-334/FullText.html PSER, s.22(4)] exactly as approved—no surprises—and include how to request accommodation per PSC Step 10: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists.]
• Use plain language and accessible formats for the notice; if posted online, ensure pages meet WCAG 2.1 AA using TBS’s Guidelines on Making Communications Products and Activities Accessible.
|-
!'''Step 11: Assessment of employees'''
|• Ensure assessors score '''independently''' first, then discuss; keep evidence‑based notes linked to rubrics; record any score changes with factual reasons
• Apply consistent administration conditions (timing, instructions, environment) to avoid procedural bias; PSC highlights these elements in its assessment guidance: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/guide-mitigating-biases-barriers-assessment.html Assessment module].
|-
!'''Step 12: Selection of employees'''
|• Confirm each retained employee met all '''essential qualifications''' before applying any organizational needs, using the factors you set under [https://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-334/FullText.html PSER, s.22(2)].[[/psacunion.ca/sites/psac/files/wfa-flowchart-treasuryboard-en.pdf|.]]
• Apply '''organizational needs''' (for representativeness) consistently and only among employees who met essentials per the merit rules under PSEA, s.30(2)(b)–(3).
• '''Re‑run your Projected Representation''' using actual results to check for unintended under‑representation; if risks remain and lawful mitigations (for example, organizational needs among those who met essentials) are insufficient, document the constraint and rationale in your Step 12 selection record as PSC expects under this step: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html <nowiki>Guide for managers and HR specialists. [canada.ca]</nowiki>]
|-
!'''Step 13: Provide written notice'''
|• For lay‑off letters, include at least: the decision under [https://laws-lois.justice.gc.ca/eng/acts/P-33.01/ PSEA, s.64], the specific factors applied under [https://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-334/FullText.html PSER, s.22(2)] and how they led to selection, the effective date, available WFA supports, and the right to complain to the '''Federal Public Sector Labour Relations and Employment Board''' using the Board’s site [https://www.fpslreb-crtespf.gc.ca/en/index.html FPSLREB] under [https://laws-lois.justice.gc.ca/eng/acts/P-33.01/ PSEA, s.65].
• Provide accessible formats on request and retain delivery proof (including to employees on leave) as part of your Step 13 record following PSC’s guidance under this step: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists.]
|-
!'''Step 14: Record the reasons for the selection'''
|• For each person, '''record the reasons for selecting or not selecting for lay‑off''' and link them to the evidence and the approved factors/methods as required by [https://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-334/FullText.html PSER, s.22(10).]
• Include the '''initial and final Projected Representation worksheets''' to show you checked equity impacts before and after assessment, and cross‑reference your Step 1 and Step 12 files following PSC’s close‑out expectations here: [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Guide for managers and HR specialists].
• Ensure your record is readable to external reviewers (PSC or FPSLREB) and aligns with the lay‑off complaint framework under [https://laws-lois.justice.gc.ca/eng/acts/P-33.01/ PSEA, s.65], so the file demonstrates consistent, non‑discriminatory application of merit factors.
|}
=== Quick reference ===
* '''PSC''': [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Selection of employees for retention or lay‑off: Guide for managers and HR specialists]
* '''PSER (Justice Laws)''': [https://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-334/FullText.html Public Service Employment Regulations – s.22]
* '''PSEA (Justice Laws):''' [https://laws-lois.justice.gc.ca/eng/acts/P-33.01/ s.30 (Merit), s.64 (Lay‑off), s.65]
* '''TBS''': [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=26168 Directive on Official Languages for People Management] and [https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32728 Guidelines on Making Communications Products and Activities Accessible]
* '''OCOL''': [https://www.clo-ocol.gc.ca/en/language-rights/language-rights-federal-public-service/language-requirements-positions Language requirements of positions]
* '''PSC assessment resources:''' [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff-guide-managers-hr.html Selection of employees for retention or lay-off: Guide for managers and human resources specialists] [[/www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/selection-employees-retention-layoff.html|SERLO assessment module]], [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/guide-mitigating-biases-barriers-assessment.html Guide to Mitigating Biases and Barriers in Assessment,] [https://www.canada.ca/en/public-service-commission/services/public-service-hiring-guides/tool-mitigating-biases-barriers-assessment.html Tool for Mitigating Biases and Barriers in Assessment]
* '''FPSLREB:''' [https://www.fpslreb-crtespf.gc.ca/en/index.html Board website (staffing complaints, lay‑offs)]
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