Staffing Appeals Regulations

Regulation
Registration
R-025-2006
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Public Service Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

  • s.1 amended by R-026-2017,s.2 in force April 1, 2017
  • s.1 amended by R-027-2025,s.2 in force April 1, 2025
  • s.2 amended by R-123-2009,s.2
  • s.2 amended by R-027-2025,s.3,8 in force April 1, 2025
  • s.3 amended by R-061-2015,s.2
  • s.3 amended by R-027-2025,s.4,5 in force April 1, 2025
  • s.4 amended by R-061-2015,s.3
  • s.4 amended by R-027-2025,s.5,6,8 in force April 1, 2025
  • s.4.1 amended by R-027-2025,s.7 in force April 1, 2025
  • s.5 amended by R-027-2025,s.7 in force April 1, 2025
  • s.6 amended by R-027-2025,s.5,9,10 in force April 1, 2025
  • s.7 amended by R-027-2025,s.11 in force April 1, 2025
  • s.8 amended by R-027-2025,s.5,10 in force April 1, 2025
  • s.9 amended by R-027-2025,s.12 in force April 1, 2025
  • s.11 amended by R-027-2025,s.10 in force April 1, 2025
  • s.12 repealed by R-123-2009,s.3
  • s.13 repealed by R-123-2009,s.3
  • s.14 repealed by R-123-2009,s.3
Contents
1. 1 2. 2 3. 3 4. 4 4.1. 4.1 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. Repealed 13. Repealed 14. Repealed

The Commissioner, on the recommendation of the Minister, under section 49 of the Public Service Act and every enabling power, makes the Staffing Appeals Regulations.

Interpretation

1.

(1) In these regulations,

"appeal" means an appeal of an appointment under subsection 17(2) of the Act; (appel)

"appellant" means a person who appeals an appointment under subsection 17(2) of the Act; (appelant)

"appointment" means an appointment under subsection 17(1) of the Act made by the Minister or a person authorized by the Minister; (nomination)

"business day" means any day except

(a) a Saturday,

(b) a Sunday,

(c) a holiday, or

(d) a day on which the majority of employees are on mandatory leave; (jour ouvrable)

"Deputy Minister" means the Deputy Minister of the department responsible for the administration of the Act; (sous-ministre)

"hearing" means a hearing referred to in section 6; (audience)

"Staffing Review Officer" means a Staffing Review Officer appointed under subsection 17.1(1) of the Act. (agent de révision des nominations)

(2) Where the time for doing a thing is limited under these regulations, that time is calculated by excluding Saturdays, Sundays and the days that are holidays of the public service under section 35 of the Act. R-026-2017,s.2; R-027-2025,s.2.

Appeal of Appointment

2.

(1) An appointment may only be appealed on the grounds that an error was made in the application of the Act, the regulations or the applicable policies, directives or procedural guidelines during the competition process for the position to which the appointment is made.

(2) An appointment may be appealed by the following persons:

(a) an employee who is an unsuccessful candidate;

(b) a person who is an unsuccessful candidate and who

(i) is considered eligible for priority consideration under the Indigenous Employment Policy, and

(ii) has identified that eligibility prior to the time at which a verbal offer of employment is given to the appointee.

(3) Notwithstanding subsection (2) and subject to subsection (3.1), an appointment of a person who has staffing priority status under the Staff Retention Policy and applicable guidelines

(a) may be appealed by a person who also has staffing priority status under the Policy and applicable guidelines; and

(b) may not be appealed by a person who does not have staffing priority status under the Policy and applicable guidelines.

(3.1) A person with staffing priority status under the Staff Retention Policy may not appeal an appointment to a Staffing Review Officer under paragraph 3(a) where the person is entitled to appeal the appointment to a Lay-off Dispute Officer in the manner set out in the Collective Agreement between the Union of Northern Workers and the Minister Responsible for the Public Service.

(4) An appointment may not be appealed if

(a) the appointee is an employee who

(i) is appointed to a different position for health reasons and the appointment is not a promotion, or

(ii) is completing an employer training program; or

(b) the appointment

(i) is made to a position in respect of which an eligibility list has been established through a competition for which the appeal period has passed, and

(ii) is of a person named on the eligibility list.

(5) For greater certainty, an appointment may not be appealed if

(a) it is a result of a classification or reclassification of an existing position;

(b) it is made under paragraph 29(1)(c) of the Act;

(c) it is made under subsection 37(3) of the Act and the appointee is on leave of absence without pay; or

(d) it is to

(i) an executive manager position, as determined by the job evaluation system used in the establishment,

(ii) an assistant deputy minister or associate deputy minister position, or

(iii) a teacher or principal position.

R-123-2009,s.2; R-027-2025,s.3,8.

3.

(1) If a competition results in an appointment, those persons who are unsuccessful candidates referred to in subsection 2(2) must be given notice of

(a) whether the competition has resulted in an appointment;

(b) whether the appointment is one that may be appealed; and

(c) the time within which the appointment may be appealed.

(2) The notice referred to in subsection (1) may be given in person or by telephone or sent by e-mail, fax or regular mail by an employee authorized by the Minister to make appointments by competition.

(3) If the notice referred to in subsection (1) is given in person or by telephone, the notice is, for the purposes of that subsection, received on the day it is given.

(4) If the notice referred to in subsection (1) is sent by e-mail or fax, the notice is deemed to have been received one business day after the day it was sent.

(5) If the notice referred to in subsection (1) is sent by regular mail, the notice is deemed to have been received six business days after the day it was sent. R-061-2015,s.2; R-027-2025,s.4,5.

4.

(1) An appeal must

(a) be in writing;

(b) be provided to the Deputy Minister; and

(c) include the following information:

(i) the appellant’s name, address, telephone number and, if applicable, e-mail address,

(ii) the department and region in which the appellant is employed, if applicable,

(iii) the competition title and number,

(iv) the reasons for the appeal, including details respecting the errors that the appellant believes were made in the application of the Act, the regulations or the applicable policies, directives or procedural guidelines.

(1.1) An appeal by a person referred to in paragraph 2(2)(b) must indicate that the person is considered eligible for priority consideration under the Indigenous Employment Policy.

(2) An appeal must be received by the Deputy Minister within four business days after the appellant received notice under section 3. R-061-2015,s.3; R-027-2025,s.5,6,8.

4.1.

(1) The deputy head shall review an appeal within one business day after receiving the appeal to make a preliminary determination if

(a) the appeal meets the requirements of section 4;

(b) the appellant is entitled to appeal the appointment; and

(c) the appointment may be appealed.

(2) The deputy head may dismiss the appeal if the requirements described in paragraphs (1)(a) to (c) are not met.

(3) If an appeal is dismissed under subsection (2), the deputy head shall notify the appellant without delay.

(4) If an appeal is not dismissed under subsection (2), the deputy head shall forward the appeal to the Staffing Review Officer without delay. R-027-2025,s.7.

5.

(1) A Staffing Review Officer shall review an appeal within four business days after receiving the appeal from the deputy head to determine if

(a) the appeal meets the requirements of section 4;

(b) the appellant is entitled to appeal the appointment;

(c) the appointment may be appealed; and

(d) there are reasonable grounds for the appeal.

(2) In conducting a review under subsection (1), the Staffing Review Officer may request further information from the appellant.

(3) The Staffing Review Officer may dismiss the appeal if the requirements described in paragraphs (1)(a) to (d) are not met.

(4) If an appeal is dismissed under subsection (3), the Staffing Review Officer shall notify the appellant without delay. R-027-2025,s.7.

Hearing

6.

(1) If after conducting the review under subsection 5(1) the Staffing Review Officer determines that an appeal may proceed, the Staffing Review Officer shall hold a hearing within four business days or within such further time as the Staffing Review Officer may determine.

(2) In conducting a hearing, the Staffing Review Officer shall review copies of the following documents:

(a) the application for appeal;

(b) the applications and resumes;

(c) the staff requisition or its equivalent;

(d) the signed and dated job description;

(e) the signed and dated screening criteria;

(f) the job poster;

(g) the interview questions and responses;

(h) the signed and dated competition rating form showing the ranking of the candidates who were interviewed;

(i) the competition report;

(j) the Act, the regulations and the applicable policies, directives and procedural guidelines;

(k) any other relevant documents.

(3) In conducting a hearing, the Staffing Review Officer may examine the following persons:

(a) the appellant;

(b) the members of the selection committee;

(c) persons responsible for administering the Act, the regulations and the applicable policies, directives and procedural guidelines;

(d) any other person the Staffing Review Officer considers necessary.

(4) The Staffing Review Officer shall give the appellant or their representative an opportunity to be heard. R-027-2025,s.5,9,10.

7.

(1) On the completion of a hearing, the Staffing Review Officer shall

(a) grant the appeal if they determine that

(i) an error was made in the application of the Act, the regulations or the applicable policies, directives or procedural guidelines during the competition process for the position to which the appointment is made, and

(ii) the error adversely affected the appellant’s opportunity for appointment; or

(b) deny the appeal.

(2) If a Staffing Review Officer grants an appeal they may, having regard to all of the circumstances, direct that the competition be restarted at the point at which the error occurred, or be redone. R-027-2025,s.11.

8.

(1) Within three business days after concluding a hearing, the Staffing Review Officer shall prepare a report of their findings, the decision reached and the reasons for the decision.

(2) The Staffing Review Officer shall provide the Deputy Minister with a copy of the report without delay.

(3) On receiving the report, the Deputy Minister shall provide the appellant with a copy of the report without delay. R-027-2025,s.5,10.

9.

(1) No employee shall lose pay for time spent appealing an appointment or attending the hearing.

(2) Subsections (3) to (5) apply in the case of a hearing of an appeal that the Staffing Review Officer requires the employee or appellant to attend in person.

(3) An employee shall be considered to be travelling on government business and shall be reimbursed for any reasonable travel and living expenses incurred by them in attending the hearing.

(4) The Staffing Review Officer may direct that an appellant who is not an employee be reimbursed, according to the criteria that govern the payment of travel and living expenses to employees, for reasonable travel and living expenses incurred by the appellant in attending the hearing.

(5) If an appellant who is not an employee sends a representative to attend the hearing in the appellant’s place, the Staffing Review Officer may direct that the representative of the appellant be reimbursed, according to the criteria that govern the payment of travel and living expenses to employees, for reasonable travel and living expenses incurred by the representative in attending the hearing. R-027-2025,s.12.

Staffing Review Officers

10.

A Staffing Review Officer must possess the following qualifications:

(a) demonstrated experience interpreting legislation, policies and guidelines;

(b) experience respecting mediation or arbitration;

(c) demonstrated investigative and interview skills;

(d) demonstrated experience in administrative proceedings.

11.

(1) A Staffing Review Officer shall, in respect of the performance of their functions on an appeal, be paid

(a) $1,000 if the number of appellants is four or less; or

(b) $1,200 if the number of appellants is more than four.

(2) A Staffing Review Officer who is required to use personal teleconference facilities in the performance of their functions on an appeal shall be reimbursed for the actual and reasonable expenses incurred in the use of those facilities.

(3) Reimbursement under subsection 17.1(7) of the Act for reasonable travel expenses necessarily incurred by a Staffing Review Officer in the performance of their functions on an appeal,

(a) is restricted to reimbursement for the type of expense approved by the Government of the Northwest Territories in relation to duty travel by its employees; and

(b) must not exceed reimbursement at the rates or in accordance with the policies approved by the Government of the Northwest Territories for expenses in relation to duty travel by its employees.

R-027-2025,s.10.

12.

Repealed, R-123-2009,s.3.

13.

Repealed, R-123-2009,s.3.

14.

Repealed, R-123-2009,s.3.