Agency description

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 is completing its fourth and final 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 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, three are in a permanent CAO role, and two (2) are in permanent ADM roles that will help prepare them for a future CAO role.

The Centre for Leadership and Learning within the Treasury Board Secretariat will be embarking on an end-of-pilot program evaluation review to:

  • Solicit participant and other key stakeholders’ feedback on their experience during the 4-year pilot
  • Review and analyze key success measures
  • Determine the need and sustainability for the next iteration of an accelerated succession and leadership development program

Executive Development Committee (EDC) approved a new and more strategic direction for OPS Executive Fellowships following an extensive review. Starting 2017-18, OPS Fellowships are now:

  • dedicated to research missions that align to OPS business priorities and emerging issues
  • intended for high-performing, mid-career (10+ years left) talent at the director level and above.

EDC approved four research missions. Fellows were selected for these missions using an innovative online video selection process. Fellows will be supported by university partners (Queens, University of Toronto and Ryerson) to facilitate research of benefit to the OPS, and will return to the OPS to implement their research projects in alignment with these longer-term OPS business priorities.

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). As part of these cluster discussions commitments were made to invest in the long-term development of individuals who were identified as having long-term potential to take on executive level positions in the OPS. PSC also received report backs from several functional clusters (I&IT, HR, Policy, Legal and Finance Clusters) that cut across ministries.

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 HR policy review agenda and planned priorities for the year in the first quarter of 2017/18.

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 2017/18 policy review agenda and priorities has been made:

  • In 2017, PSC supported recommended changes to the oath and affirmation requirements stemming from the review of the Oath of Office in the context of The Journey Together – Ontario’s Commitment to Reconciliation with Indigenous Peoples. Following further approvals, changes were made effective November 6, 2017, to the oaths and affirmations required of public servants in Ontario Regulation (O. Reg.) 373/07 under the Public Service of Ontario Act, 2006 (PSOA).
  • In 2017, PSC approved updates to the Employment Policy and Secondment to a Minister’s Office policy to align with changes coming out of the Management Job Evaluation Plan (MJEP). Transitional changes to the Pay on Assignment Operating Policy and the Employment Transition Support Program were also endorsed.
  • PSC also approved the new merit policies for management compensation plan classified positions (including former SMG1/ITX1 employees), as well as Crown Counsel 5 lawyers, and revisions to the Merit Increases Directive and Merit/Pay for Performance Policy for Crown Counsel 3 and 4 lawyers.
  • PSC continues to meet its responsibility under the 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 have access to confidential information about those matters. Incumbents of those positions were advised of their responsibility to file a financial declaration with the Conflict of Interest Commissioner and to avoid certain purchases. This is done as part of the annual Conflict of Interest Financial Declaration process. PSC received an update on the outcome of the 2016 process and also endorsed proceeding with the same approach for managing this process in 2017. PSC also received an update on the review of the Conflict of Interest rules found in O. Reg. 381/07 and O. Reg. 382/07 of the PSOA and endorsed proceeding with proposed next steps.
  • In 2017, PSC approved non-substantive updates to the Occupational Health and Safety Policy, the Workplace Violence Prevention Policy and the Respectful Workplace Policy (Policy to Support a Respectful Workplace and Prevent Workplace Harassment and Discrimination) in compliance with legislated requirements.
  • PSC endorsed the proposed approach for a Respect Works campaign that was launched across the OPS in November, 2017.
  • In 2017, PSC approved an updated Attendance Policy and the enterprise threshold for the 2018 calendar year.
  • In 2017, PSC endorsed proceeding to Management Board of Cabinet to rescind the Staffing Management and Control Directive, which was then rescinded in November, 2017.
  • In 2017, PSC endorsed the proposed approach to apply the Gender Identity Policy to OPS human resources and products.

PSC met its responsibility to post the Public Service Commission annual report for 2016-17 within the required timelines.

Public Service Commissioners’ Conference:

In September 2017, the PSC Chair attended the 54th annual Public Service Commissioners’ Conference in St. Andrew’s, New Brunswick, 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 “A Proud, Productive and Professional Public Service”, with topics including: talent pipelines, digital government and citizen-led design of government services and creativity.

2018/19 priorities

The OPS will continue to focus on public service renewal including a new strategic framework to promote alignment of enterprise strategies.

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:

  1. Fostering a positive and inclusive workplace culture
  2. Developing engaged and innovative leaders
  3. 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 2018/19. By legislated mandate, it will include annual reviews of the:

  • Occupational Health and Safety Policy
  • Workplace Violence Prevention Policy
  • Respectful Workplace Policy.

The Policy review agenda will include a review of the Policy on Preventing Barriers in Employment which was initiated in 2017/18. PSC approval may also be required for any changes coming out of other policy reviews initiated in 2017/18.

Work will continue, with partner ministries, to implement the Gender Identity Policy as it applies to HR systems within the OPS.

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 bi-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

Resources needed to meet goals and objectives

The Commission has three permanent members and nine additional deputy ministers.

The three permanent members are:

  • Secretary of the Cabinet (Steve Orsini)
  • The Associate Deputy Minister of Treasury Board Secretariat and Chief Talent Officer, who is the Chair (Diane McArthur)
  • The Deputy Minister of Treasury Board Secretariat, Secretary of Treasury Board and Management Board of Cabinet (Helen Angus)

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, the Diversity and Inclusion Blueprint and the Anti-Racism 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, both with and 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 January 2, 2018)

Current Member: Diane McArthur, Chair
Chief Talent Officer, Centre for Leadership and Learning, Treasury Board Secretariat
Regular Member
Appointment Status: No expiry. Term concurrent with appointment as Chief Talent Officer, Centre for Leadership and Learning, Treasury Board Secretariat

Current Member: Janet Hannah, Secretary
Director, Executive Programs and Services, Centre for Leadership and Learning, Treasury Board Secretariat
Secretariat Support
Appointment Status: Not an appointed member; provides secretariat support

Current Member: Helen Angus, Commissioner
Deputy Minister, Treasury Board Secretariat
Secretary of Treasury Board and Management Board Secretariat
Regular Member
Appointment Status: No expiry. Term concurrent with appointment as Deputy Minister, Treasury Board Secretariat
Secretary of Treasury Board and Management Board Secretariat

Current Member: Steven Davidson, Commissioner
Deputy Minister, Policy and Delivery and
Associate Secretary of the Cabinet, and DM responsible for Anti-Racism
Cabinet Office
2nd Year Member
Appointment Status: First term appointment March 11, 2016 to June 30, 2017
Extended July 1, 2017 to June 30, 2018

Current Member: David De Launay, Commissioner
Deputy Minister, Ministry of Northern Development and Mines
2nd Year Member
Appointment Status: First term appointment March 11, 2016 to June 30, 2017
Extended July 1, 2017 to June 30, 2018

Current Member: Paul Evans, Commissioner
Deputy Minister, Ministry of the Environment and Climate Change.
1st Year Member
Appointment Status: First term appointment July 1, 2017 to June 30, 2018

Current Member: Marie-Lison Fougère, Commissioner
Deputy Minister Responsible for Accessibility Deputy Minister, Office of Francophone Affairs
Deputy Minister Responsible for Seniors Affairs
1st Year Member
Appointment Status: First term appointment July 1, 2017 to June 30, 2018

Current Member: Hillary Hartley, Commissioner
Chief Digital Officer, Cabinet Office
1st Year Member
Appointment Status: First term appointment January 3, 2018 to January 2, 2019

Current Member: Laurie Leblanc, Commissioner
Deputy Minister, Municipal Affairs
Deputy Minister, Housing
2nd Year Member
Appointment Status: First term appointment March 11, 2016 to June 30, 2017.
Extended July 1, 2017 to June 30, 2018

Current Member: Steve Orsini, Commissioner
Secretary of the Cabinet
Regular Member
Appointment Status: No expiry; term concurrent with appointment as Secretary of the Cabinet

Current Member: Deborah Richardson, Commissioner
Deputy Minister, Indigenous Affairs and Reconciliation
4th Year Member
Appointment Status: First term appointment January 5, 2015 to January 2, 2016
Extended January 3, 2016 to January 2, 2017
Extended January 3, 2017 to January 2, 2018
Extended January 3, 2018 to January 2, 2019

Current Member: Bruce Rodrigues, Commissioner
Deputy Minister, Education
Deputy Minister Responsible for Early Years and Child Care
1st Year Member
Appointment Status: First term appointment January 3, 2018 to January 2, 2019

Current Member: Scott Thompson, Commissioner
Deputy Minister, Ministry of Finance
2nd Year Member
Appointment Status: First term appointment July 1, 2016 to June 30, 2017
Extended July 1, 2017 to June 30, 2018

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 (with or 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