2022 Public Service Commission annual report
The Public Service Commission annual report for 2022 describes agency activities and performance analysis for the year.
Message from the Chair of the Public Service Commission
I am honoured to have served as Chair of the Public Service Commission (PSC) in the 2021-22 fiscal year and I am committed to maintaining the Commission’s excellence in setting goals, objectives, and strategic direction for managing human resources for the Ontario Public Service.
The past year was marked by many challenges that affected the public service in numerous ways both organizationally and personally. The global COVID-19 pandemic, notably the omicron variant, tested the resiliency and courage of every public servant. The discovery of unmarked graves at many former residential schools, rise in incidents of hate, violence and racism particularly toward Black, Indigenous, Asian, LatinX, Muslim, Jewish, people with disabilities, and 2SLGBTQIA+ communities, and wars have had profound impacts on each of us and, by extension, the public service. Through it all, though, we remain a professional, resilient, caring and dedicated public service.
The Commission’s role in managing human resources has been critical for achieving the commitment to be an innovative, responsive and accountable public service that counts on highly skilled, diverse and engaged employees to deliver excellence.
The effectiveness with which the OPS adapted to remote work at the onset of the pandemic for much of its workforce demonstrated an ability to respond to change and adapt to fast-evolving circumstances. This past year, the PSC approved a new process to improve response times against the service standard for post-service conflict of interest determinations made by the Commission. Process improvements resulted in response times shifting from under 50% compliance to 91%.
The PSC is especially focused on building a diverse, equitable, inclusive, respectful, anti-racist, and accessible public service of the future as the OPS transitions to the post-pandemic economy. The OPS Leadership Pledge is a commitment to take concrete action in response to recommendations from the Third-Party Review of Inclusive Workplace Policies and Programs. Every deputy minister, including PSC commissioners, and the Secretary of the Cabinet have signed the pledge to address systemic employment barriers, workplace discrimination and early resolution of workplace issues.
The 2021 Senior Leadership Diversification Progress Report provides an overview of the progress to close gaps in representation between senior leadership and the Ontario labour force.
The Public Service Commission is proud of the public service, the quality of policy advice to government, and service delivery to the people of Ontario.
It is a privilege to be chair of the Public Service Commission. I look forward to the journey ahead in the coming year.
In friendship,
Deborah Richardson
Chair, Public Service Commission
Purpose of the report
The purpose of this report is to detail annual progress made against priorities, measures and targets outlined in the 2021-22 to 2023-24 Public Service Commission Business Plan.
Agency mandate and description
Mandate
The mandate of the PSC, under Part III of the Public Service of Ontario Act, 2006 (PSOA), is to ensure:
- Effective management and administration of human resources in relation to public servants that the PSC or its delegates appoint to employment by the Crown.
- Non-partisan recruitment and employment of public servants that the PSC, or its delegates, appoint to employment by the Crown.
Description
The PSOA established the PSC. The PSC is assigned authority under PSOA to establish terms and conditions of employment for employees in ministries and Commission public bodies. Authority covers appointments to the public service, discipline, investigations, dismissals, post-service conflict of interest and conflict of interest financial declarations.
The PSC issues directives and policies to establish principles and requirements to fulfil statutory obligations, and to set expectations for effective management of public servants. To optimize efficiency and reinforce management accountability, the PSC delegates most decision-making authority relating to human resource management to deputy ministers for employees in ministries and to prescribed delegates for employees in Commission public bodies. In addition, Management Board of Cabinet (MBC) sub-delegates to PSC its power to make directives and rules relating to salaries within the classification series and wage ranges created by MBC and other terms and conditions of employment. Limits on sub-delegation are set where appropriate and the PSC retains the right to make (or overrule) decisions should it so choose.
As defined by the Agencies and Appointments Directive, the PSC is a Non-Board-Governed Regulatory Agency. A memorandum of understanding (MOU) between the President of the Treasury Board (Minister, Treasury Board Secretariat (TBS)) and the PSC Chair outlines the government’s expectations of the PSC. The PSC is accountable to the Minister of TBS through the MOU. The current PSC membership list is included as an appendix.
Financial statement and total annual remuneration
PSC does not require a budget or staff, and commissioners are not remunerated to serve on the PSC. The Centre for People, Culture and Talent in TBS provides secretariat services with one staff resource (equal to half a full-time equivalent). Funding for PSC’s administrative operations is provided by TBS.
Performance Measures and Annual Targets
PSC performance in 2021-22 is assessed against targets set in the 2021-22 to 2023-24 Public Service Commission Business Plan for the following activities:
- HR strategy
- Policy development
- Public service talent and leadership
- Conflict of interest
- Administration and reporting
HR strategy
The COVID-19 pandemic has had an impact on organizational management priorities. The reliance on remote work arrangements for approximately half the public service demanded different leadership practices to keep the workforce productive and connected. The seamlessness with which most public services were delivered throughout the pandemic is testament to the skill and creativity of OPS leaders and staff.
Nonetheless, the change in how work was delivered, and the ongoing stress of the pandemic, has undoubtedly had an impact on the mental health and wellbeing of many public servants. Through initiatives like national Mental Health Week and internal communications channels offering advice on mental health and return to the workplace, the OPS is maintaining an open dialogue with employees on this critical issue.
The PSC looks forward to monitoring progress in achieving strategic priorities set in the new enterprise plan (OPS Human Resources Framework), launching in 2022-23, to equip the OPS to deliver exceptional public services by attracting the best and brightest talent, developing future-ready talent, strengthening the employee experience, and creating a modern, accessible and equitable workplace.
PSC commissioners, in their capacity as deputy ministers, have signed the OPS Leadership Pledge, a commitment to take concrete action in response to the recommendations from the Third-Party Review of Inclusive Workplace Policies and Programs. PSC will oversee policy change recommendations resulting from the Leadership Pledge commitments. Related policy review and development forms part of the policy review cycle and will be informed by engagement with anti-racism, accessibility and inclusion partners and stakeholders.
Policy review
The 2021-22 HR non-compensation policy review agenda maintains PSC’s commitment to regularly review HR policy direction. Through systematic reviews and evaluation of policy, the PSC has assurance that critical direction is set for ministries and Commission public bodies that is current, relevant and reflective of best practices.
The updated policy development and review agenda (2022-23 to 2024-25 Public Service Commission Business Plan) capture changes in practice, emerging opportunities, and create conditions to enable shifting government priorities.
| Priority area | Policy initiative |
|---|---|
| Mandated policy review: Occupational Health and Safety Act |
Respectful Workplace Policy |
| Mandated policy review: Occupational Health and Safety Act |
Workplace Violence Prevention Policy |
| Mandated policy review: Occupational Health and Safety Act |
Occupational Health and Safety Policy |
| Public Service Excellence – Fostering an inclusive, responsible, and skilled workforce. | OPS Leadership Pledge – Implementation (Pledge commitments may also inform prioritization of HR policy reviews.) |
| Public Service Excellence – Fostering an inclusive, responsible, and skilled workforce. | Policy on Preventing Barriers in Employment |
| Public Service Excellence – Fostering an inclusive, responsible, and skilled workforce. | Ethical Framework Program |
| Government priorities – Delivering on key commitments. | Span of Control Reporting |
| Government priorities – Delivering on key commitments. | Hiring Freeze Guidance and Reporting |
| Workforce of the Future – Strategic initiatives that create conditions for a skilled, innovative, equitable, and service-oriented workforce. | OPS Flexible Work Strategy/Hybrid Work |
| Workforce of the Future – Strategic initiatives that create conditions for a skilled, innovative, equitable, and service-oriented workforce. | OPS HR Framework |
| Foundations: reporting, innovations in workforce analysis, employee engagement |
Foundations: reporting, innovations in workforce analysis, employee engagement |
In 2021-22, 100% non-compensation policies were reviewed where legislation requires an annual review.
Non-compensation HR policies are reviewed and evaluated approximately every five years. Non-substantive updates and ad hoc reviews occur as needed within the five-year cycle. Priority for the policy review agenda is driven by strategic priorities and commitments (such as OPS Leadership Pledge), legislative requirements (annual reviews of health and safety policies), length of time since last review, accuracy (organizational changes, designations, responsibilities), and program and service delivery feedback.
Public Service Talent and Leadership
PSC provides critical oversight of executive talent through approval of appointments to Executive 3 or Executive 4 classes of positions (assistant or associate deputy minister or equivalent). In 2021-22, PSC deployed appropriate executive capacity to respond to the pandemic and position the OPS for recovery.
Diversifying senior leadership remains a top priority for the PSC, with the goal of reaching parity with the socio-demographic makeup of the Ontario labour force by 2025. The OPS strategy is focused on creating access to coaching and mentoring, leadership development programs, succession plans and recruitment and selection processes for equity-seeking groups.
The OPS Employee Experience Survey creates opportunity for employees to share valuable insights into how effectively the OPS is achieving the goal of being an inclusive and anti-racist organization with an engaged workforce. The 2022 enterprise-level engagement, inclusion and leadership indices bode well for the future. Despite the extraordinary strain of the past two years, inclusion scores are climbing year-over-year. Engagement and leadership scores remain steady.
| Index | 2019 | 2021 | 2022 |
|---|---|---|---|
| Engagement | 66.2 | 70.9 | 69.2 |
| Inclusion | 68.4 | 71.1 | 73.2 |
| Leadership | N/A |
61.9 | 61.9 |
The snapshot of 2021-22 Executive 3 and Executive 4 appointments suggests that appointments are beginning to reflect the Ontario labour force. Additional effort is required to increase the proportion of appointments for members of equity-seeking groups, especially persons with a disability. The newly formed leadership succession unit in TBS will advance leadership capacity through modern succession management practices and proactive development of diverse talent for key leadership roles.
| Sociodemographic category | 2016-2017 Ontario labour force | 2021-22 Executive 3-4 appointments |
|---|---|---|
| Women | 48.3% | 74.1% |
| Francophone | 4.0% | 3.7% |
| LGBTQ+ | 2.7% | 13.6% |
| Persons with Disabilities | 16.7% | 9.9% |
| Indigenous | 2.5% | 1.2% |
| Racialized | 28.3% | 29.6% |
| Margin of error | N/A | 6% |
| Executive 3 and 4 appointments | 2020-21 | 2021-22 |
|---|---|---|
| Lateral appointment | 29% | 27% |
| Promotion | 46% | 66% |
| Sourced from an external organization | 7% | 8% |
| Temporary assignment | 70% | 70% |
| Permanent assignment | 30% | 30% |
| Total appointments | 123 | 116 |
Conflict of interest
PSC is the ethics executive for former public servants who worked in a ministry other than in a minister’s office. PSC will make the determination where a former employee declares a potential conflict of interest (COI) between OPS employment and new activity, consistent with the COI rules for post-service in the PSOA and its regulations. PSC will issue direction to the former employee.
PSC has set a service standard of 60 days to provide post-service COI determinations to former employees. In the previous two years, PSC met the service standard 49% of the time. A new process with significant performance improvements was introduced in 2021-22. The average time for a determination was reduced from 89 to 47 days. PSC performance against the service standard is now 91%.
There were no cases where PSC had to act due to non-compliance with direction.
The PSC also maintains a list of ministry employees in positions who routinely work on one or more matters that might involve the private sector and have access to confidential information about those matters. Individuals identified through this process are required to submit either a financial declaration to the Integrity Commissioner or a previous declarant attestation to the Centre for People, Culture and Talent (if they had previously submitted a financial declaration that remains current).
For 2021-22, determinations or attestations will be requested from 225 employees in June 2022.
Administration and reporting
Business process changes implemented in 2020-21 have been effective and will help inform how the future of work in the OPS will evolve in 2022. These changes included transitioning many employees to a virtual environment and granting deputy ministers authority through delegations to make human resource management decisions, such as appointment and extension of individuals in executive positions for up to six months, pending completion of a recruitment process.
Risk assessment and mitigation
Acting within the authority granted to it under PSOA, as well as those delegated to it by MBC, PSC makes decisions with respect to several potentially high-risk matters:
- Policy direction for management of public servants
- Appointments of senior executives in Executive 3 and Executive 4 classes of positions
- Dismissals of employees in Executive (levels 2 to 4) classes of positions
- Determinations of conflict of interest
In the 2021-22 to 2023-24 PSC Business Plan, PSC identified strategies and risk indicators to mitigate potential risks to the PSC’s execution of mandate:
- Approving policy direction that creates conditions for building and sustaining a skilled, diverse and engaged workforce and preserves a non-partisan, inclusive and anti-racist employer of top talent that is representative of the people of Ontario
- Reviewing and updating policy direction so it remains current, relevant and enables government direction
- Seeking advice from TBS Legal Services Branch on matters for which there are significant legal risks
- Composing PSC membership with the Secretary of the Cabinet and Deputy Minister, TBS as permanent commissioners and a cadre of rotating deputy ministers, which provides PSC with the benefit of broad OPS workplace perspectives when considering strategic human resource proposals, and helps PSC be cognizant of public policy impact of decisions that it renders
Application of risk management and deployment of the defined mitigation strategies was instrumental for ensuring that PSC was well-informed and prepared for timely and effective decision-making during the global pandemic. Specifically, ensuring that strategic planning was evidence-based, people and future-focused and enabling of government and organizational priorities is an accomplishment of which the PSC is proud.
Future considerations
The PSC is pleased with the progress made in achieving results for the 2021-22 to 2023-24 PSC Business Plan, particularly during an unprecedented two years of pandemic response. PSC played a pivotal leadership role in steadying the organization and will be called upon to lead the OPS through to full recovery. This report on progress against 2021-22 priorities will be tabled in the Legislative Assembly in accordance with Treasury Board/Management Board of Cabinet timelines.
Looking ahead, the 2022-23 to 2024-25 Business Plan will feature direction to help OPS through economic recovery, guidance for managing the public service in a hybrid, inclusive, accessible and anti-racist work environment and priorities for building future-ready talent and for optimizing employee experience.
Appendix: Public Service Commissioners and Secretariat
Public Service Commissioners (as of March 31, 2022)
Chair, Public Service Commission
Deborah Richardson
Deputy Minister, Treasury Board Secretariat
Secretary of Treasury Board and Management Board of Cabinet
Room 5320, Whitney Block
99 Wellesley Street West
Toronto, ON M7A1A1
Commissioners, Public Service Commission
Shawn Batise
Deputy Minister
Ministry of Indigenous Affairs
5th Floor, 777 Bay Street
Toronto, ON M7A2J3
Shawn Batise
Deputy Minister
Ministry of Indigenous Affairs
5th Floor, 777 Bay Street
Toronto, ON M7A2J3
Shawn Batise
Deputy Minister
Ministry of Indigenous Affairs
5th Floor, 777 Bay Street
Toronto, ON M7A2J3
Shawn Batise
Deputy Minister
Ministry of Indigenous Affairs
5th Floor, 777 Bay Street
Toronto, ON M7A2J3
Chair, Public Service Commission
Deborah Richardson
Deputy Minister, Treasury Board Secretariat
Secretary of Treasury Board and Management Board of Cabinet
Room 5320, Whitney Block
99 Wellesley Street West
Toronto, ON M7A1A1
Commissioners, Public Service Commission
Denise Cole
Deputy Minister
Ministry of Children, Community and Social Services
6th Floor, Suite 602
777 Bay Street
Toronto, ON M7A2J4
David Corbett
Deputy Attorney General
Ministry of the Attorney General
11th Floor
720 Bay Street
Toronto, ON M7A 2S9
Michelle DiEmanuele
Secretary of the Cabinet and Head of the Public Service
Room 6420, Whitney Block
99 Wellesley Street West
Toronto, ON M7A1A1
Karen Ellis
Deputy Solicitor General, Correctional Services
Ministry of the Solicitor General
25 Grosvenor Street
Toronto, ON M7A 1Y6
Martha Greenberg
Deputy Minister, Policy and Delivery and Associate Secretary of the Cabinet
Room 6420, Whitney Block
99 Wellesley Street West
Toronto, ON M7A 1A1
John Kelly
Deputy Minister
Ministry of Agriculture, Food and Rural Affairs
11th Floor, 77 Grenville Street
Toronto, ON M7A 1B3
Greg Meredith
Deputy Minister
Ministry of Labour, Training and Skills Development
400 University Avenue, 14th Floor
Toronto, ON M7A1T7
Stephen Rhodes
Deputy Minister
Ministry of Energy
77 Grenville Street, 10th Floor
Toronto, ON M7A2C1
Monique Rolf von den Baumen-Clark
Deputy Minister
Ministry of Northern Development, Mines, Natural Resources and Forestry
Whitney Block, Room 6643
99 Wellesley Street West
Toronto, ON M7A 1W3
Secretariat, Public Service Commission
Nosa Ero-Brown (Effective June 2022)
Strategic Advisor to the Public Service Commission
Chief Talent Officer
Centre for People, Culture and Talent
Treasury Board Secretariat
2nd Floor, Whitney Block
99 Wellesley Street West
Toronto, ON M7A 1W4
Stephen Brown, Secretary to the Public Service Commission
Assistant Deputy Minister, Talent and Leadership Division
Centre for People, Culture and Talent
Treasury Board Secretariat
595 Bay Street, Suite 1203
Toronto, ON M5G 2C2
Footnotes
- footnote[1] Back to paragraph The Leadership Index was revised in 2021, hence 2019 comparator is not available.
- footnote[2] Back to paragraph 2021-22 Numbers reported for laterals and promotions include assignment extensions.