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

Commissioners endorsed a leadership strategy for the Ontario Public Service. The strategy, entitled ‘Our Leadership Promise’, was a commitment made in the 2015-2020 HR Plan. The strategy supports the goal of engaged and innovative leaders and defines and aligns OPS-wide efforts on talent acquisition, talent sustainability and leadership practices to meet changing business requirements, the evolving role of leaders and address leadership demographic shifts. Included within ‘Our Leadership Promise’ is the new OPS leadership model. The model redefines leadership expectations, ensuring that the OPS hires, develops and recognizes leaders that are character driven, forward focused and difference making.

PSC received reports from several functional clusters on their talent management initiatives (I&IT, Policy, and Finance Clusters) that cut across ministries.

In 2017-18, the OPS Executive Fellowships program embarked on a new and more strategic direction, following an extensive review by PSC in 2016-17.

Three fellows were supported by university partners (Queen’s, University of Toronto and Ryerson) to facilitate research of benefit to OPS business priorities and emerging issues including:

  • Building Ontario’s entrepreneurial capacity; with a focus on answering the research question of how to scale more Ontario technology start-ups (Ryerson’s DMZ ‘Digital Media Zone’; Ministry Sponsor: Ministry of Economic Development, Job Creation and Trade)
  • Developing internal OPS system capacity to support organizational transformation (University of Toronto; Ministry Sponsor: Treasury Board Secretariat)
  • Developing the Ontario Public Service’s Labour Relations Leadership Capacity (Queen’s University; Ministry Sponsor: Treasury Board Secretariat)

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 2018/19.

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 2018/19 policy review agenda and priorities has been made:

  • In 2018, PSC approved updates to the Employment Screening Checks Policy to align with the Police Record Checks Reform Act.
  • In 2018, PSC endorsed proceeding with updates to the Occupational Health and Safety Policy as part of the annual review to include enhanced language around impairment as a potential workplace hazard, and to clarify that existing rules around working while impaired from any substance still apply, whether the substance is legal or not in light of the federal legalization of recreational cannabis. Following further approvals, the updated policy took effect on October 17, 2018.
  • In 2018, PSC approved non-substantive updates stemming from the annual reviews of 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 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 2017 process and endorsed proceeding with the same approach for managing this process in 2018.
  • In 2018, PSC approved the OPS Anti-Racism Policy (led by the Anti-Racism Directorate). The policy aims to eliminate systemic racism and advance racial equity in the Ontario government. Implementation of programs associated with the Policy is underway. This includes:
    1. The Systemic Racism Barrier Identification and Removal (SRBIR) Program, which involves the development of processes and tools to analyse race-based data information to identify racial barriers in policies, practices and programs.
    2. The Anti-Racism Capacity and Competency (ARCC) Building Program, which involves the development of a program aimed at uncovering unconscious biases, building self-awareness, and engaging OPSers in conversation about race, racism, privilege and power to build competencies to support an anti-racist workplace.

Public Service Commissioners’ Conference:

In June 2018, the PSC Chair attended the 55th annual Public Service Commissioners’ Conference remotely. This federal, provincial and territorial conference was held in Yellowknife, Northwest Territories.

This Conference provides an annual 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 conference was based around four themes:

  1. Diversity and Inclusion
  2. Innovation in the Public Service
  3. Mental Health in the Workplace
  4. Maintaining the Public Trust

The OPS representatives presented the OPS Inclusion and Diversity Blueprint.

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

2019/20 priorities

The Public Service Commission will ensure that the OPS appoints and retains leaders with the required skills and capabilities to deliver on the large-scale transformation necessary to implement the government’s fiscal and policy objectives, while also ensuring the long-term capacity of a neutral and professional public service.

Continuing into 2019/20, the Public Service Commission will support ministries in their transformation goals including a reduction in the size of the Ontario Public Service. In support of decisions made by the Executive Development Committee, PSC will focus on staffing decisions that support best practice in organizational design, consider strategic redeployment of resources to emerging areas, and address issues such as span of control.

The “OPS HR Plan for 2015-2020: Building on our Strengths – Leading Change for the Futur e” 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 (encouraging diversity of thought, creativity and enhanced delivery capacity)
  2. Developing engaged and innovative leaders (who will unleash the capacity of their employees, allowing the organization to achieve more with limited resources)
  3. Implementing effective and fair HR practice (ensuring that the OPS remains an employer of choice for top talent)

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 and priorities that will be confirmed by the PSC in the first quarter of 2019/20. By legislated mandate, it will include annual reviews of:

  1. The Occupational Health and Safety Policy
  2. The Workplace Violence Prevention Policy
  3. The Respectful Workplace Policy.

The Policy review agenda may include approval of changes stemming from the review of the Policy on Preventing Barriers in Employment. PSC approval may also be required for any changes coming out of other policy reviews and priorities initiated in 2018/19. Work is also expected to begin on the development of the next OPS HR Plan.

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 as independent and impartial decisions. 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 Office of the Public Service Commission, Treasury Board Secretariat in achieving this objective and to help ensure that the OPS has the right people with the right skills, in the right place, at the right time, to deliver the 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.

The PSC’s activities will be assessed against the following metrics:

  • On an annual basis, 100% of non-compensation HR policies that are part of the PSC endorsed annual HR Policy Review Agenda will be reviewed, including policies where legislation prescribes an annual review (e.g. Occupational Health and Safety Act policies).
  • On an annual basis, all public servants will be reminded of their obligations under “the Act” with respect to post-service conflict of interest.
  • On an annual basis, PSC will ensure all ministry employees who are obligated to make financial declarations to the Conflict of Interest Commissioner will do so.
  • Post-service conflict of interest determinations will be made within 60 days of receiving the request. PSC will also report annually on the total number of requests for determinations received by former ministry employees, how many required non-standard restrictions, and any instances in which the PSC had to take action due to non-compliance with its directions.
  • The Public Service Commission will ensure that succession plans and/or skill retention strategies are in place for 100% of executive positions vacated under the Voluntary Exit Program.
  • The Public Service Commission will monitor span of control across the OPS through an annual reporting process. The PSC will provide guidance and leadership to ministries on optimizing span of control and addressing outliers.
  • The Public Service Commission will identify additional performance metrics based on organizational requirements during 2019/20.

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 is currently focused on public service renewal. With careful attention to fiscal prudence, organizational structures are being streamlined and realigned with new enterprise priorities.

In addition, 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 more streamlined 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 two permanent members and eight additional deputy ministers.

The two permanent members are:

  • Secretary of the Cabinet
  • The Associate Deputy Minister of Treasury Board Secretariat and Chief Talent Officer, who is the Chair

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 Office of the Public Service Commission (OPSC), Treasury Board Secretariat, provides secretariat support to the Commission. Funding for the ongoing administrative operations of the PSC is provided by the OPSC 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. 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 in a fiscally prudent manner 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. Beginning in June 2018, the PSC introduced additional hiring restraints in support of the government’s comprehensive plan to address fiscal challenges. This includes additional restrictions limiting the ability of ministries to hire externally or on a permanent basis for any non-essential positions;
  • dismissals at the Executive 2, 3, and 4 level, both with and without cause;
  • exceptions to PSC-approved policies, including Executive compensation; and
  • 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 Office of the Public Service Commission.

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.

Schedule A: PSC membership (as of February 1, 2019)

Current Member: Diane McArthur, Chair
Chief Talent Officer, Office of the Public Service Commission
Treasury Board Secretariat
Regular Member
Appointment Status: No expiry. Term concurrent with appointment as Chief Talent Officer

Current Member: Janet Hannah, Secretary
Director, Executive Programs and Services, Office of the Public Service Commission
Treasury Board Secretariat
Secretariat Support
Appointment Status: Not an appointed member; provides secretariat support

Current Member: Helen Angus, Commissioner
Deputy Minister, Health and Long-Term Care
Ministry of Health and Long-Term Care
Appointment Status: Current term expires January 2, 2020

Current Member: Paul Boniferro, Commissioner
Deputy Attorney General
Ministry of the Attorney General
Appointment Status: Current term expires June 30, 2019

Current Member: Steven Davidson, Commissioner
Secretary of the Cabinet
Regular Member
Appointment Status: Term concurrent with appointment as Secretary of the Cabinet

Current Member: Marie-Lison Fougère, Commissioner
Deputy Minister, Ministry of Francophone Affairs
Deputy Minister, Ministry for Seniors and Accessibility
Appointment Status: Current term expires June 30, 2019

Current Member: Kevin French, Commissioner
Deputy Minister of Government Services
Ministry of Government and Consumer Services
Appointment Status: Current term expires January 2, 2020

Current Member: Hillary Hartley, Commissioner
Deputy Minister of Consumer Services
Ministry of Government and Consumer Services
Appointment Status: Current term expires January 2, 2020

Current Member: Shirley Phillips, Commissioner
Deputy Minister of Economic Development, Job Creation and Trade.
Ministry of Economic Development, Job Creation and Trade
Appointment Status: Current term expires June 30, 2019

Current Member: Deborah Richardson, Commissioner
Deputy Minister of Indigenous Affairs
Ministry of Indigenous Affairs
Appointment Status: Current term expires January 2, 2020

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.
  • Monitoring of limited staffing activity during the period of freeze on new hires
  • 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 the Secretary of the Cabinet as a permanent member and the Deputy Minister of Government Services as a Commissioner with a renewable term. 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