delete Order Approving the Exclusion by the Public Service Commission of Certain Persons and Positions from the Operation of Certain Provisions of the Public Service Employment Act for the Purposes of the Employment Equity Programs during the Period Beginning on January 1, 1989 and Ending on March 31, 1993
This Order approves temporary exclusions (1989-1993) from the Public Service Employment Act for positions filled under employment equity programs for target groups (women, visible minorities, Aboriginal peoples, disabled persons). It exempts these appointments from competitive processes, certain selection standards, and removes appeal rights for others who would have been considered.
This regulation violates the principle of equal treatment under the law by creating separate, less competitive pathways based on group identity rather than individual merit. It reduces public service quality by exempting positions from normal competitive selection and removes due process (appeal rights) for non-beneficiaries. The unintended consequence entrenches group-based classification and treats individuals as quota representatives, contrary to classical liberal principles of individual dignity and color-blind meritocracy. The temporary nature suggests even proponents recognized it was not sustainable.