Public Service Commission business plan
The Public Service Commission business plan for 2017-2020 includes an overview of the agency and its strategic directions for a 3-year or longer period.
The Public Service Commission (PSC) is created pursuant to the Public Service of Ontario Act, 2006 (PSOA)to ensure the effective management and administration of human resources in the Ontario Public Service (OPS). Its authority to issue directives and policies regarding the terms and conditions of appointment for public servants is delegated by the Management Board of Cabinet. The PSC is defined as a Regulatory Agency (without governing board) under the Agencies and Appointments Directive.
Key achievements in the previous year include:
Talent management
The Succeeding Talent in Executive Positions (STEP) pilot program entered its fourth year. This enterprise-wide initiative seeks to accelerate the development of individuals with executive leadership potential in order to fill priority executive positions. The program is being piloted for the Chief Administrative Officer (CAO) role, considered among the most critical Assistant Deputy Minister (ADM) positions in the OPS. Of the 15 participants at the outset of the pilot, 13 remain in the program and 2 have left the OPS for positions in the broader public sector (one of whom has since returned to the OPS in an ADM role).
The mid-term program review shows that the pilot has been successful in ensuring that the OPS has an adequate supply/talent pipeline to meet the anticipated demands of CAO vacancies in the future. Out of the 13 STEP participants, six (6) have been assessed as ready to compete for a CAO role. Of these 6, one is in a permanent CAO role, one is in an acting CAO role, and two (2) are now in acting ADM roles that will help prepare them for a future CAO role, PSC has provided CFLL with input to consider in refining the program going forward to ensure the program can continue to meet expectations in the future.
PSC approved the nomination of two senior executives to year-long Fellowships with Ryerson University and the University of Toronto, and the extension for a second year of one executive to the Fellowship with Queen’s University. These external secondments are granted annually to distinguished senior executives to contribute to academia (including teaching courses), and return with enriched experience to the OPS. PSC has also directed the CFLL to investigate ways to broaden the scope of this program to include other universities in order to meet the needs and interests of the OPS.
PSC also approved the nominations nine Assistant Deputy Ministers for the Senior Public Sector Leader Program at the Ivey School of Business, Western University, six nominees for the Institute of Governance Executive Leadership Program, and 13 nominees to the Governor General’s Canadian Leadership Conference.
PSC served as a forum for numerous executive talent management discussions including four cluster-based discussions (Land and Resources; Business & Economic Development; Human, Social Services & Education; Central Agencies Cluster). PSC also received report backs from several functional clusters (HR, Policy, Legal, Communications, Operations, and Finance Clusters) that cut across ministries.
In 2015/16, PSC approved the implementation of an Assessment and Development Framework for Assistant and Associate Deputy Ministers (DM) to assist the Secretary of the Cabinet (SoC) in managing Deputy Minister and Associate Deputy Minister succession, and promote retention of executive talent in the OPS. Assessments were conducted in 2016 and feedback was provided to participants which assisted in the creation of individual development plans.
Public Service Commissioners' Conference
In September 2016, Ontario hosted the 53rd annual Public Service Commissioners' Conference, attended by each province and territory, as well as by the Federal Government.
This Conference provided the opportunity to share best practices across jurisdictions, facilitated networking among the public service commissioners and allowed sub-committees to work jointly on studies of common interest.
This year’s theme was ‘The Evolving Role of Public Service', with topics including: Reframing the Role of Public Servants; e-Government and Digitization of Government Services; Social Media – Social Leadership and Leadership Skills for the Future.
Policy agenda
Aligned with the OPS HR Plan commitment to streamline and modernize HR policies through regular policy reviews and evaluations to ensure relevancy and effectiveness, PSC confirmed the non-compensation HR policy review agenda and planned priorities for the year in the first quarter of 2016/17.
PSC continued to use a streamlined approach to seeking approval of non-substantive changes to HR policies. Such changes include clarification of existing requirements or roles, or ministry name changes and terminology updates.
Considerable progress against the 2016/17 policy review agenda and priorities has been made:
- In 2016, PSC received the results of the Workplace Discrimination and Harassment Prevention (WDHP) policy and program evaluation and endorsed proceeding to Management Board of Cabinet for approval of the revised policy, now known as the Respectful Workplace Policy (Policy to Support a Respectful Workplace and Prevent Workplace Harassment and Discrimination). The revised policy took effect on September 1, 2016.
- PSC was briefed on the proposed approach to implementation of the Police Record Checks Reform Act (proclamation pending) and the need to revise the Employment Screening Checks Policy and program.
- PSC continues to meet its responsibility under Public Service of Ontario Act, 2006 (PSOA) and its regulations to maintain a list of positions which routinely work on one or more matters that might involve the private sector and to communicate to incumbents the requirement to file a financial declaration with the Conflict of Interest Commissioner. This is done as part of the annual Conflict of Interest Financial Declaration process. PSC also approved the same approach to managing this process for 2016 as it did for 2015.
- In 2016/17, PSC will receive for approval updates stemming from the annual reviews of the Occupational Health and Safety Policy and the Workplace Violence Prevention Policy.
- PSC will also confirm the enterprise threshold for the 2017 calendar year, under the Attendance Management Policy.
- PSC approval may also be required for any changes coming out of policy and regulatory reviews underway, including the Staffing Management and Control Directive, the review of the Oath of Office in the context of Ontario’s response to the Truth and Reconciliation Commission and the proposed approach to the collection and use of gender and/or sex information in OPS HR systems and forms.
PSC met its responsibility to post the Public Service Commission annual report for 2015-16 within the required timelines.
2017/18 Priorities
The OPS HR Plan for 2015-2020: Building on our Strengths – Leading Change for the Future builds on the progress of previous plans. It provides a roadmap to continue to foster a high performing public service that attracts and retains the best employees and includes proposed priorities, strategies and measurement frameworks.
Three priorities were identified to shape our strategic direction in the years ahead:
- Fostering a positive and inclusive workplace culture
- Developing engaged and innovative leaders
- Implementing effective and fair HR practices
As in previous years, efforts will continue to streamline and modernize HR directives and policies. Part of this process will include setting a policy review agenda that will be confirmed by the PSC in the first quarter of 2017/18. By legislated mandate, it will include annual reviews of:
- The Occupational Health and Safety Policy
- The Workplace Violence Prevention Policy
- The Respectful Workplace Policy.
Subject to confirmation, it may include a review of the Policy on Preventing Barriers in Employment. PSC approval may also be required for any changes coming out of policy and regulatory reviews initiated in 2016/17.
Non-bargaining compensation policy changes
In December 2015, the government sought the advice of an independent, external panel — the Advisory Panel on Management and Non-Bargaining Staff Recruitment and Retention — to help the OPS remain a modern and inclusive organization that attracts and retains top leadership talent. In response to the recommendations of the panel, on November 3, 2016, Cabinet approved a new long-term compensation strategy for non-bargaining specialists, managers and executives.
PSC subsequently approved changes to the policy framework supporting the resulting Management Board Compensation Directive. The Senior Management Group Compensation Program and Incentive Award Program was rescinded and replaced with a SMG1/ITX1 Pay Administration Policy and an Executive Pay Administration Policy. Additional policies that will be brought before PSC in January 2017 include:
- Merit Pay Program Operating Policy for non-bargaining specialists
- In-Range Movement Program Operating Policy for managers
- Merit Pay/In-Range Movement Operating Procedures for non-bargaining specialist and managers
- Merit Pay Program Operating Policy for Management Crown Counsel 5A.
For those PSC matters formerly involving Senior Management Group 2, 3 and 4 level positions, these classifications are, effective April1, 2016, replaced by the Executive 2, 3 and 4 classification levels.
Mandate
The PSC is created pursuant to the Public Service of Ontario Act, 2006 (PSOA). The PSC may exercise the powers and shall perform the duties and functions assigned to it under PSOA or any other Act, including those prescribed by the Lieutenant Governor in Council and those delegated by the Management Board of Cabinet (MBC).
The mandate of the PSC is to ensure:
- the effective management and administration of human resources in relation to public servants that the PSC or its delegates appoint to employment by the Crown under Part III of PSOA
- the non-partisan recruitment and employment of public servants that the PSC or its delegates appoint to employment by the Crown under Part III of PSOA
Overview of current and future responsibilities
While the Management Board of Cabinet is responsible for many human resource management functions in the OPS, the Commission continues to exercise important oversight functions, particularly in relation to senior levels of the organization. The Commission has the power under the PSOA, 2006, to issue directives and policies respecting various human resource matters. The Commission also exercises adjudicative powers in relation to the conflict of interest and post-service provisions of the PSOA.
More specifically, the PSC is responsible for:
- defining an HR governance model and PSC-level authorities
- issuing directives and policies for the effective management of human resources
- ensuring that the employment of public servants is based on non-partisan practices
- considering various employment actions, including appointments at the assistant deputy minister level and release from employment
Some of the administrative matters that appear on the Commission’s agendas include regulations regarding the establishment of classifications and compensation for non-bargaining unit staff, approval of senior appointments and contracts, and waivers of competition – in accordance with its authority delegated by the Management Board of Cabinet.
The Commission operates on a weekly or as necessary basis and does not have daily functions.
Environmental scan
The OPS continues to face pressures arising from an aging demographic along with changes to the nature of work and the skills required to deliver public services. Key human resources challenges in the OPS include:
- fiscal and economic restraints on the public sector
- skill gaps and shortages in some areas of work, requiring either new or upgraded skills.
- Pressure on the workforce to adapt to new organizational structures and ways of working
- demographic pressure of an aging workforce and management cadre; including succession planning and executive development challenges.
- the need to position the OPS as the employer of choice where skilled, knowledgeable and motivated employees can build rewarding careers
- the need to ensure the OPS is an inclusive workplace which values diversity
- successful negotiation of fair and reasonable collective agreement, as well as concomitant compensation decisions regarding the non-bargaining employee groups (e.g. managers, executives and HR specialists)
Resources needed to meet goals and objectives
The Commission has two permanent members and eight additional deputy ministers.
The two permanent members are:
- Secretary of the Cabinet (Steve Orsini)
- Deputy Minister of Government and Consumer Services, who is the Chair (Angela Coke)
Other deputy minister members are appointed by the Lieutenant Governor in Council to the role of Commissioner for one-year terms, which may be renewed. Members of the Commission do not receive any remuneration above their regular OPS salary for these services. See Schedule A for a listing of PSC members and current appointment terms.
The Commission does not maintain a budget or staff. Staff from the Centre for Leadership and Learning (CFLL), Treasury Board Secretariat, provides secretariat support to the Commission. Funding for the ongoing administrative operations of the PSC is provided by the Centre for Leadership and Learning in accordance with the Ministry’s budgeting priorities and procedures.
Strategic direction
The strategic direction of the Commission is to fulfil its legislated mandate. The Commission directs and regulates significant aspects of employment in the OPS, and in that capacity, it visibly promotes modern, inclusive and accessible human resource practices at all levels of the public service reflective of the Ontario Public Service’s strategic HR Plan and Inclusion Now, the OPS Inclusion Strategy. The PSC is committed to supporting and developing policies, programs and services designed to create a diverse and inclusive organization that delivers excellent public service and encourages all employees to achieve their full potential.
The Commission will be engaged in the identification of strategic HR management priorities to ensure that the OPS is positioned to meet emerging challenges. At the same time, it will continue to play a significant role in upholding and promoting the ethical requirements established in the PSOA. This includes conflict of interest rules, disclosure of wrongdoing processes and political activity restrictions. The PSC also provides determinations on certain matters as the ethics executive for former public servants.
The Commission also plays a role in encouraging and developing leadership capacity. In this role, the Commission acts as a forum for Deputy Ministers to undertake strategic human resources planning and development for their senior managers including efforts to further diversify the Executive cadre. In particular, the Commission is focussed on the Executive level 3 (Assistant Deputy Ministers and equivalents).
Risk identification, assessment and mitigation strategies
Acting within the authority delegated to it by the MBC, the PSC makes decisions with respect to a number of potentially high profile issues including:
- appointments to Executive 3 and 4 level positions and the salaries of incumbents in those positions
- dismissals at the Executive 2, 3, and 4 level, without cause
- exceptions to PSC approved policies, including Executive compensation;
- conflict of interest matters, including:
- Post-Service conflict of interest determinations for former ministry employees
- Maintaining and communicating obligations to a list of employees who routinely work on one or more matters that might involve the private sector
There are potentially significant political, financial and legal risks if decisions are made without proper foundation and assessment of potential consequences from a public policy perspective. Decisions made by the PSC with respect to senior appointments and compensation levels, dismissals of high profile individuals and post-service conflict of interest matters have the potential for political consequences.
There are also considerable legal, financial and service delivery risks associated with not taking actions necessary to ensure a safe and healthy public service capable of meeting the changing policy, program and service delivery challenges of the public service. Such risks highlight the importance of evidence-based policies and strategies to reinforce the non-partisan and merit-based nature of the OPS while enabling effective health, safety and wellness of employees and a culture free from discrimination and harassment.
See detailed risk assessment attached as Schedule B to this document. No workforce risks are identified as the PSC does not have dedicated staff. In addition, no IT and infrastructure risks have been identified as the reliability and integrity of information presented to the PSC is the responsibility of the Centre for Leadership and Learning.
Communication plan
The HR Management Directive sets out a number of responsibilities for the PSC including: “ensuring human resource plans, directives, policies, delegation instruments and related governance mechanisms are current and communicated clearly to the organization.”
The PSC is not responsible for undertaking communications activities itself (other than the production of confidential decision records). Communication of PSC decisions and/or approvals is managed by the Ministry that brought the issue to the PSC for approval (e.g. Treasury Board Secretariat is responsible for communicating any changes to OPS human resources policies approved by PSC) on its behalf.
Implementation plan
Implementation of PSC decisions and/or approvals is the responsibility of the Ministry that brought the issue to the PSC for approval (e.g. Treasury Board Secretariat is responsible for the implementation plan with respect to any changes to OPS human resources policies approved by PSC).
Initiatives involving third parties
The PSC carries out its mandate in accordance with its MBC-delegated authorities and any powers, duties and functions assigned to it under the PSOA or any other Act. Its members also make up the Executive Development Committee. The Management Board of Cabinet reserves the right to amend or revoke the delegations to the PSC at any time.
Performance measures
The PSC exercises powers and performs duties in accordance with its legal mandate and delegated authorities. The PSC's decisions are to be made, and be seen by the public to be made, independently and impartially. The PSC conducts itself according to the management principles of the Government of Ontario.
The PSC provides enterprise-wide direction for the effective management of human resources in Ontario’s public service. The PSC is supported by the Centre for Leadership and Learning, Treasury Board Secretariat in achieving this objective and to help ensure that the OPS has the right people, in the right place, at the right time, to achieve government priorities and ministry business results by:
- developing and delivering modern, enterprise human resource strategies and policies, that support the OPS as an employer of choice
- establishing corporate human resource management policies to help ensure an accountable, ethical and professional public service
- promoting organizational and service excellence
The Ministry of Government and Consumer Services also supports the PSC by delivering human resources-related programs and services.
Schedule A: PSC membership (as of July 1, 2016)
| Current Member | Appointment Status |
|---|---|
|
Angela Coke, Chair Regular Member |
Term concurrent with appointment as Deputy Minister, Government and Consumer Services |
|
Diane McArthur, Secretary Secretariat Support |
Not an appointed member; provides secretariat support |
|
Helen Angus, Commissioner 2nd Year Member |
Firstterm appointment July 22, 2015 to June 30, 2016 Extended July 1, 2016 to June 30, 2017 |
|
Alex Bezzina, Commissioner |
First term appointment July 22, 2015 to June 30, 2016 Extended July 1, 2016 to June 30, 2017 |
|
Steven Davidson, Commissioner 1st Year Member |
First term appointment March 11, 2016 to June 30, 2017 |
|
David De Launay, Commissioner 1st Year Member |
First term appointment March 11, 2016 to June 30, 2017 |
|
Laurie LeBlanc, Commissioner 1st Year Member |
First term appointment March 11, 2016 to June 30, 2017 |
|
Janet Menard, Commissioner 1st Year Member |
First term appointment January 3, 2016 to January 2, 2017 |
|
Steve Orsini, Commissioner Regular Member |
No expiry; term concurrent with appointment as Secretary of the Cabinet |
|
Deborah Richardson, Commissioner 2nd Year Member |
First term appointment January 5, 2015 to January 2, 2016 Extended January 3, 2016 to January 2, 2017 |
|
Scott Thompson, Commissioner 1st Year Member |
First term appointment July 1, 2016 to June 30, 2017 |
Schedule B: PSC risk assessment
Strategic risk
Strategic planning.
Risk description/considerations (financial and non-financial)
The risk that strategies and policies fail to achieve targeted results.
Related agency objective(s)
The effective management and administration of human resources across the OPS. The non-partisan recruitment and appointment of public servants.
Likelihood/impact of risk
Likelihood: Low
- The HR Policy and Planning Branch of Treasury Board Secretariat is responsible for creating and updating policies and directives that help ensure the effective management of human resources in the OPS.
Impact: High
- Policies and strategies approved by PSC apply to all public servants. Poorly conceived policies would have an impact on the effective deployment and management of human resources.
Risk owner (agency/ministry)
Ministry and agency.
Mitigation strategy
The HR Policy and Planning Branch carries out regular reviews and updates of policies and directives.
Specific target for resolution
Ongoing.
Strategic risk
Agency accountability.
Risk description/considerations (financial and non-financial)
Risk of failure to comply with legislative requirements.
Related agency objective(s)
The effective management and administration of human resources across the OPS. The non-partisan recruitment and appointment of public servants.
Likelihood/impact of risk
Likelihood: Low
- The PSC has ready access to legal counsel from Treasury Board Secretariat Legal Services Branch (LSB) and is advised regularly by LSB on issues that come before it.
Impact: High
- Failure by the PSC to make determinations in compliance with legislation could jeopardize the reputation of the government.
Risk owner (agency/ministry)
Ministry and agency.
Mitigation strategy
The PSC seeks advice from TBS Legal Services Branch on all items with legal implications.
Specific target for resolution
Ongoing.
Strategic risk
Operational decisions.
Risk description/considerations (financial and non-financial)
Risk of poor or inappropriate decisions that the PSC approves including the following:
- Approvals of appointments to positions at the Executive 3 level and above (not Deputies) including salary levels.
- Approvals of dismissals and/or releases (without cause) of Executive 2 and above level employees.
- Post-service conflict of interest determinations for former ministry employees.
Related agency objective(s)
The effective management and administration of human resources across the OPS. The non-partisan recruitment and appointment of public servants.
Likelihood/impact of risk
Likelihood: Low
- The PSC has ready access to legal counsel from TBS Legal Services Branch and is advised regularly by LSB on issues that come before it. In addition, the membership of the PSC (see below) mitigates this risk.
Impact: High
Risk owner (agency/ministry)
Ministry and agency.
Mitigation strategy
The membership of PSC is designed in recognition of the key decision-making authority for these issues that rests with the Commission. The PSC includes as permanent members the Secretary of the Cabinet, the Deputy Minister, Treasury Board Secretariat, Secretary of Treasury Board and Management Board of Cabinet, and the Deputy Minister of Government and Consumer Services. In addition, the membership includes a rotating cadre of Deputy Ministers. This membership ensures that the PSC will always be cognizant of the public policy impact of decisions.
Specific target for resolution
Ongoing.