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Identification of language requirements
Effective date of reidentification of language requirements
Situation of incumbents who do not meet language requirements
This policy comes into effect May 1, 1998 and replaces the policy entitled Executive Group of June 1, 1993.
To set out the language requirements regarding positions or functions in the Executive Group in the National Capital Region and regions designated as bilingual for language of work.
It is government policy that, as a general principle, members of the Executive Group (EX) working in the National Capital Region and in regions designated as bilingual for language of work must be able to carry out their duties in both official languages. As a group, they must ensure that their institution's official languages obligations are respected and that the policies flowing from these obligations are implemented.
This policy applies to departments subject to the Public Service Employment Act, as defined in that Act, whose employees are members of an occupational group or sub-group specified and defined for senior management personnel exclusively by the Treasury Board in accordance with subsection 2(4) of the Act. Other institutions subject to the relevant provisions of the Official Languages Act must apply the basic principles of this policy with respect to their executives and adapt the policy to their particular situation.
Taking into account the duties of positions in the Executive Group and paragraph 35(1)(a), paragraph 36(1)(c), subsection 36(2) and section 37 of the Official Languages Act, which relate to the obligation to create a work environment conducive to the effective use of both official languages in the National Capital Region (NCR) and in regions designated as bilingual for language of work, it is legitimate to expect that positions in the Executive Group in these regions will require, in general, the use of both official languages at an advanced level of proficiency with respect to reading and oral interaction skills. To this end, heads of institutions must ensure that, on May 1, 1998, or as soon as possible after that date the following provisions are put into effect:
(a) all Executive Group positions or functions at the assistant deputy minister level in the National Capital Region, in regions designated as bilingual for language of work, or elsewhere than in these regions must be identified as bilingual and the second-language proficiency requirements of these positions or functions must be set at levels CBC (i.e. level C for reading; level B for writing; level C for oral interaction);
(b) other positions or functions in the Executive Group in the National Capital Region and in regions designated as bilingual for language of work must be identified as bilingual and the second-language proficiency requirements of these positions or functions must be set at levels CBC if the positions or functions include one or more of the following:
- supervision of employees who must work in both official languages or who work in unilingual positions or functions whose required language of work differs;
- participation as a regular member of a group responsible for the general management of the institution as a whole;
- a significant role in the exercise by a federal institution of its authority to direct, or to provide services to, other federal institutions;
- significant representational functions with respect to the public or to employees of the institution;
- a significant role in the co-ordination of programs or activities of employees in the National Capital Region or in regions designated as bilingual for language or work;
(c) in determining the language requirements of positions or functions in the Executive Group in the National Capital Region and in regions designated as bilingual for language of work in situations that are not covered by the criteria in (b), the institution shall take into account its duty to take such measures as can reasonably establish and maintain work environments conducive to the effective use of both official languages, in relation to the functions and role of a given member of the Executive Group assessed within its context;
(d) the requirements in (a) and (b) shall apply with respect to position-based or appointment-to-level systems, or to any other systems for the management of human resources applicable to the Executive Group (including rotational employees, where relevant);
(e) the requirements in (a) and (b) shall continue to apply to EX positions or functions created after May 1, 1998;
(f) CBC proficiency in one's second official language is a prerequisite for admission to the Assistant Deputy Minister Pre-qualified Pool (ADM PQP).
The reidentification of language requirements resulting from the application of the present policy shall not come into effect before May 1, 1998, but shall come into effect on May 1, 1998 or as soon as possible after that date.
Incumbents of Executive Group positions or functions who, as of May 1, 1998, do not meet the language requirements referred to under (a) and (b) of "Identification of language requirements" may exercise, until March 31, 2001, the right to remain in such a position or in such functions without meeting these requirements. This provision pertains to incumbents of positions (or functions) whose language requirements have been re-identified from unilingual to bilingual or whose language requirements have been raised, and to persons who, on May 1, 1998, are incumbents of positions (or functions) whose language requirements they do not meet by reason of having availed themselves of the exclusion granted to persons who are fifty-five years of age or over at the time of appointment. It does not apply to persons who must otherwise meet the language requirements of their position (or functions) as a result of a staffing action. At the close of March 31, 2001, this right will terminate and institutions must ensure that such incumbents acquire the required language proficiency through language training by no later than March 31, 2003. Until March 31, 2001, heads of institutions are expected to accommodate requests to attend language training made by persons affected by these provisions who volunteer to meet the language requirements of their positions. The right referred to above will cease to apply when the incumbent is appointed or deployed to another position.
Positions in the Executive Group must be staffed either imperatively or non-imperatively in accordance with the provisions of the Policy on the Staffing of Bilingual Positions. If non-imperative staffing is used, the provisions of the Policy on Language Training apply.
Institutions subject to this policy must prepare an action plan for the implementation of its requirements (e.g., training of incumbents no longer excluded from meeting language requirements and training of potential ADM PQP participants) and submit the plan to Treasury Board Secretariat for April 1 of each fiscal year.
The Treasury Board Secretariat will monitor and audit the implementation of this policy.
Institutions subject to this policy will report on its implementation in their annual reports submitted to the Treasury Board Secretariat as part of the official languages accountability framework.
Official Languages Act
Public Service Employment Act
Public Service Staff Relations Act
Public Service Official Languages Appointment Regulations
Public Service Official Languages Exclusion Approval Order
Policy on Language of Work in "Bilingual" Regions
Policy on Language of Work in "Unilingual" Regions
Policy on the Staffing of Bilingual Positions
Policy on Language Training
Policy on the Identification of Functions or Positions
Please direct enquiries to the person responsible for official languages in your institution. This person may then address policy interpretation questions to:
Official Languages Division
Human Resources Branch
Treasury Board of Canada Secretariat