Public Service Commission business plan 2020/21 to 2022/23

The Public Service Commission business plan for 2020-2023 includes an overview of the agency and its strategic directions for a 3-year or longer period.

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Mandate

The Public Service of Ontario Act, 2006 (PSOA) created the Public Service Commission (PSC). The PSOA grants most human resource authorities to the PSC and others to the Management Board of Cabinet (MBC). The MBC, under the PSOA, can also establish terms and conditions of employment by directive.

The mandate of the PSC, under Part III of the 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.

Structure, roles and membership

The PSC is a “Non-Board-Governed Regulatory Agency” (as defined by the Agencies and Appointments Directive) without budget or staff. Secretariat services are provided by public service staff from the Office of the Public Service Commission (OPSC), a division of Treasury Board Secretariat (TBS). A memorandum of understanding (MOU) between the President of the Treasury Board (TBS Minister), and the PSC Chair outlines expectations between the government and the agency. The PSC is accountable to the TBS Minister through the MOU.

Roles and membership (see Appendix 1 for 2020 membership list):

TBS Deputy Minister is the PSC Chair and permanent member of the PSC.
Director of Executive Programs and Services Branch of OPSC is the PSC Secretary, and a regular Ontario Public Service employee.
Secretary of the Cabinet, as head of the public service, is a permanent member of the PSC.
Other deputy minister members (nominated by the Secretary of the Cabinet on the basis of experience, diversity and expertise) are appointed by Lieutenant Governor in Council to the role of commissioner for one-year terms, which may be renewed.

The PSC Role in HR Governance for the Ontario Public Service

The PSC is assigned authority under the 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, and post-service conflict of interest. The PSC issues directives and policies to establish principles and requirements to fulfil statutory obligations. The PSC authority does not extend to creation of job classes and compensation; this is retained by the MBC.

For effective HR management and accountability, the PSC delegates most authorities to deputy ministers for employees in ministries and to prescribed delegates for employees in Commission public bodies. Limits on sub-delegation are set where appropriate and the PSC retains the right to make (or overrule) decisions should it so choose. For example, the PSC retains authority to appoint senior executives in Executive 3 and Executive 4 classes of positions (assistant or associate deputy minister or equivalent), and for dismissals of employees in all Executive classes of positions.

Resources

Commissioners are not remunerated to serve on the PSC. The PSC does not maintain a budget or staff, however, a staff resource (equal to half a full-time equivalent from the OPSC) provides secretariat services. Duties include advice to ministries when preparing submissions for PSC consideration, agenda-setting, meeting coordination and distribution of meeting material. Funding for the PSC’s administrative operations is provided by the OPSC in accordance with TBS budgeting priorities and procedures.

Priorities

The PSC provides enterprise direction for the effective management of human resources in Ontario’s provincial public service. The OPSC in TBS assists the PSC in achieving objectives through policy advice, workforce and business trends analysis, administrative management (coordination, agenda-setting and records management), reporting and talent consulting services for ministries. The PSC will, over the course of this business plan:

Approve OPS human resource strategy to create conditions for public service excellence through a skilled, diverse and engaged workforce.
Approve OPS human resource management directives and policies that shape a non-partisan, healthy, professional, ethical, competent and inclusive public service, promote quality leadership and mitigate workforce risks.
Promote public service values, organizational and service excellence.
Optimize business processes for effective decision-making by the PSC.
Report annually on PSC performance against business plan commitments.

Performance measures and annual targets

The PSC’s performance will be assessed against

HR Strategy

Progress in the final year of the OPS HR Plan for 2015-2020, which includes strategies and measurement frameworks for three priorities
Fostering a positive and inclusive workplace culture
Developing engaged and innovative leaders
Implementing effective and fair HR practices
Alignment with government and business priorities through approval of new enterprise HR strategy and ongoing monitoring and reporting of OPS performance against the associated measurement framework to ensure effective management and administration of human resources in relation to the public servants the PSC appoints.

Policy development

Annually, 100% non-compensation policies that form part of the PSC-endorsed annual HR policy review agenda (see Appendix 2) are reviewed. 100% completion of annual policy reviews where legislation (e.g. Occupational Health and Safety Act) prescribes the frequency of such reviews.

Public service talent and leadership

Annual reporting on number of appointments to Executive 3 or Executive 4 (or equivalent) classes of positions.

Conflict of interest

Annually, 85% post-service conflict of interest determinations are made within 60 days of receiving the request.
Annual reporting on number of requests for determinations received by former ministry employees, how many required non-standard restrictions, and instances in which the PSC had to act due to non-compliance with direction.
Annually, 100% ministry employees (who are obligated to) make financial declarations to the Conflict of Interest Commissioner.

Administration and reporting

Implementation of PSC business process improvements to optimize effective and efficient deliberation, decision-making and communication of decisions made by the committee.
Submission of the annual report of achievements to the TBS Minister within prescribed timelines.

Risk assessment and mitigation

Acting within the authorities granted to it under the PSOA, as well as those delegated to it by the MBC, the PSC makes decisions with respect to several potentially high-risk matters related to:

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.

Strategies and key risk indicators are presented below to mitigate potential risks to the PSC’s execution of its mandate.

Priority	Risk	Mitigation
Strategic planning Approve OPS human resource strategies to create conditions for public service excellence through a skilled, diverse and engaged workforce.	Alignment with organizational priorities There is the risk that human resource management is not aligned with organizational priorities in key areas (e.g. modernization; inclusion & diversity; anti-racism). Service delivery There are risks that the public service agenda cannot be delivered without workforce strategies that create conditions for success. Reputational Without intentional planning, there is potential to undermine OPS reputation as a non-partisan and inclusive employer of top talent that is representative of the people of Ontario.	PSC reviews and approves OPS HR strategy for building a skilled, inclusive and engaged public service through a lens that considers whether it is evidenced-based, future-focused and enables delivery of organizational priorities and public government priorities and services. PSC reviews and approves annual reporting of progress on HR strategy implementation and measurement. Key Risk Indicator 2019 OPS Employee Engagement score is 66.2. PSC will monitor metric as a decrease may indicate risk in achieving the culture and morale that set the conditions for success and employee performance.
Policy direction Approve OPS human resource management directives and policies that shape a non-partisan, healthy, professional, ethical, competent and inclusive public service. Promote public service values, organizational and service excellence.	Governance PSOA and MBC grant authority to the PSC to set terms and conditions of employment. There is a risk to efficient governance without appropriate sharing (i.e. delegation) of authority. Service delivery There are risks in attracting, developing and retaining talent critical to the public service’s capability to deliver services. Reputational There are risks with not preserving OPS reputation as a non-partisan, merit-based and inclusive employer that is representative of the people of Ontario. There is also risk of eroding employee engagement and confidence without consideration of workforce implications of policy development. Legal As a large, decentralized organization, there are risks to OPS compliance with legislation (e.g. PSOA, Human Rights Code and Occupational Health & Safety Act) that binds the Crown as employer. Health & safety There are financial risks with failure to comply with health and safety legislation, which could lead to escalating employer costs (infractions, orders, workplace insurance), harm to employees and damaged relationships with bargaining agents.	PSC approves an annual policy review agenda to ensure that directives and policies remain current and relevant, and address evolving organizational priorities for HR management. PSC optimizes organizational efficiency and excellence by delegating authority through the HR Delegation of Authority Directive, where appropriate, to make HR management decisions to the appropriate level in the organization. Key Risk Indicator Current manager to non-manager ratio across the OPS is 1:9. Through annual reporting, PSC will monitor ratio, as a decrease may indicate loss of efficiency in the management of human resources, while an increase may signal risk to the effectiveness of managers, requiring adjustments to policy direction.
Talent and leadership Approve OPS human resource management directives and policies that shape a non-partisan, professional, ethical, competent and inclusive public service, and mitigate workforce risks. Promote public service values, organizational and service excellence.	Service delivery There are risks that the OPS does not make timely decisions to deploy skilled, diverse and engaged employees to deliver critical public services. Reputational There are risks that the OPS is not perceived to be non-partisan, open and transparent in how it recruits and deploys employees. There are also risks associated with the OPS reputation as an inclusive employer that is representative of the people of Ontario. Legal There are risks associated with how employees are appointed to the public service as prescribed in PSOA.	PSC approves policy direction (e.g. employment, performance management, diversity and inclusion) that promotes merit-based and inclusive hiring decisions. PSC meets bi-weekly to provide oversight of executive talent through the approval of appointments to Executive 3 and Executive 4 classes of positions. PSC delegates authority, where appropriate, to make hiring decisions to the appropriate level in the organization to optimize organizational efficiency and excellence. Key Risk Indicator Annual turnover for regular (permanent) staff is 6.6%. PSC will monitor as increases may indicate risk of lost productivity and increased operating costs (employee recruitment, orientation, onboarding, lost capacity etc.).
Dismissals of executive employees Promote public service values, organizational and service excellence.	Reputational There are risks to OPS reputation in how executives are dismissed from employment. Legal There are risks of legal challenges from dismissed executives. Financial There are financial costs associated with dismissing executives.	PSC retains decision-making authority for dismissals of employees in all executive classes to ensure fair and consistent processes across the enterprise. PSC secures legal advice from TBS Legal Services Branch when considering a recommendation to dismiss.
Ethical behaviour Promote public service values, organizational and service excellence.	Reputational There is the potential risk to OPS reputation as an ethical employer if the PSC does not fulfil its role as ethics executive for former employees. Legal There are compliance risks associated with fulfilling requirements of the PSOA ethical framework.	As ethics executive for former employees, the PSC makes decisions about declarations of potential conflicts of interest from former public servants who worked in a ministry. PSC secures legal advice from TBS Legal Services Branch when considering conflict of interest declarations from former public servants who worked in a ministry.
Administration and reporting	Effectiveness & efficiency There are risks in effectively and efficiently executing the PSC’s governance role. Policy There are compliance risks in meeting requirements (business planning, annual reporting) of the Agencies and Appointments Directive.	PSC reviews business processes periodically to optimize effectiveness and efficiency in executing its mandate. PSC submits an annual report to the TBS Minister to demonstrate progress against business plan priorities and fulfilment of accountability under Agencies and Appointments Directive.

Priority

Risk

Mitigation

Strategic planning

Approve OPS human resource strategies to create conditions for public service excellence through a skilled, diverse and engaged workforce.

Alignment with organizational priorities

There is the risk that human resource management is not aligned with organizational priorities in key areas (e.g. modernization; inclusion & diversity; anti-racism).

Service delivery

There are risks that the public service agenda cannot be delivered without workforce strategies that create conditions for success.

Reputational

Without intentional planning, there is potential to undermine OPS reputation as a non-partisan and inclusive employer of top talent that is representative of the people of Ontario.

PSC reviews and approves OPS HR strategy for building a skilled, inclusive and engaged public service through a lens that considers whether it is evidenced-based, future-focused and enables delivery of organizational priorities and public government priorities and services.

PSC reviews and approves annual reporting of progress on HR strategy implementation and measurement.

Key Risk Indicator

2019 OPS Employee Engagement score is 66.2.

PSC will monitor metric as a decrease may indicate risk in achieving the culture and morale that set the conditions for success and employee performance.

Policy direction

Approve OPS human resource management directives and policies that shape a non-partisan, healthy, professional, ethical, competent and inclusive public service.

Promote public service values, organizational and service excellence.

Governance

PSOA and MBC grant authority to the PSC to set terms and conditions of employment. There is a risk to efficient governance without appropriate sharing (i.e. delegation) of authority.

Service delivery

There are risks in attracting, developing and retaining talent critical to the public service’s capability to deliver services.

Reputational

There are risks with not preserving OPS reputation as a non-partisan, merit-based and inclusive employer that is representative of the people of Ontario.

There is also risk of eroding employee engagement and confidence without consideration of workforce implications of policy development.

Legal

As a large, decentralized organization, there are risks to OPS compliance with legislation (e.g. PSOA, Human Rights Code and Occupational Health & Safety Act) that binds the Crown as employer.

Health & safety

There are financial risks with failure to comply with health and safety legislation, which could lead to escalating employer costs (infractions, orders, workplace insurance), harm to employees and damaged relationships with bargaining agents.

PSC approves an annual policy review agenda to ensure that directives and policies remain current and relevant, and address evolving organizational priorities for HR management.

PSC optimizes organizational efficiency and excellence by delegating authority through the HR Delegation of Authority Directive, where appropriate, to make HR management decisions to the appropriate level in the organization.

Key Risk Indicator

Current manager to non-manager ratio across the OPS is 1:9.

Through annual reporting, PSC will monitor ratio, as a decrease may indicate loss of efficiency in the management of human resources, while an increase may signal risk to the effectiveness of managers, requiring adjustments to policy direction.

Talent and leadership

Approve OPS human resource management directives and policies that shape a non-partisan, professional, ethical, competent and inclusive public service, and mitigate workforce risks.

Promote public service values, organizational and service excellence.

Service delivery

There are risks that the OPS does not make timely decisions to deploy skilled, diverse and engaged employees to deliver critical public services.

Reputational

There are risks that the OPS is not perceived to be non-partisan, open and transparent in how it recruits and deploys employees. There are also risks associated with the OPS reputation as an inclusive employer that is representative of the people of Ontario.

Legal

There are risks associated with how employees are appointed to the public service as prescribed in PSOA.

PSC approves policy direction (e.g. employment, performance management, diversity and inclusion) that promotes merit-based and inclusive hiring decisions.

PSC meets bi-weekly to provide oversight of executive talent through the approval of appointments to Executive 3 and Executive 4 classes of positions.

PSC delegates authority, where appropriate, to make hiring decisions to the appropriate level in the organization to optimize organizational efficiency and excellence.

Key Risk Indicator

Annual turnover for regular (permanent) staff is 6.6%.

PSC will monitor as increases may indicate risk of lost productivity and increased operating costs (employee recruitment, orientation, onboarding, lost capacity etc.).

Dismissals of executive employees

Promote public service values, organizational and service excellence.

Reputational

There are risks to OPS reputation in how executives are dismissed from employment.

Legal

There are risks of legal challenges from dismissed executives.

Financial

There are financial costs associated with dismissing executives.

PSC retains decision-making authority for dismissals of employees in all executive classes to ensure fair and consistent processes across the enterprise.

PSC secures legal advice from TBS Legal Services Branch when considering a recommendation to dismiss.

Ethical behaviour

Promote public service values, organizational and service excellence.

Reputational

There is the potential risk to OPS reputation as an ethical employer if the PSC does not fulfil its role as ethics executive for former employees.

Legal

There are compliance risks associated with fulfilling requirements of the PSOA ethical framework.

As ethics executive for former employees, the PSC makes decisions about declarations of potential conflicts of interest from former public servants who worked in a ministry.

PSC secures legal advice from TBS Legal Services Branch when considering conflict of interest declarations from former public servants who worked in a ministry.

Administration and reporting

Effectiveness & efficiency

There are risks in effectively and efficiently executing the PSC’s governance role.

Policy

There are compliance risks in meeting requirements (business planning, annual reporting) of the Agencies and Appointments Directive.

PSC reviews business processes periodically to optimize effectiveness and efficiency in executing its mandate.

PSC submits an annual report to the TBS Minister to demonstrate progress against business plan priorities and fulfilment of accountability under Agencies and Appointments Directive.

Conclusion

This plan outlines the business priorities and risk mitigation strategies for the Public Service Commission to fulfil obligations under the Agencies and Appointments Directive over the next three years. Progress will be reported annually and tabled in the Legislative Assembly in accordance with the Treasury Board/Management Board of Cabinet timelines.

Office of Public Service Commission
Treasury Board Secretariat

Appendix 1: Public Service Commission Members (as of March 25, 2020)

Chair, Public Service Commission

Kevin French
Deputy Minister, Treasury Board Secretariat
Secretary of Treasury Board and Management Board of Cabinet
Room 5320, Whitney Block
99 Wellesley Street West
Toronto, ON M7A 1A1
Tel: 416-325-1607

Commissioners

Shawn Batise
Deputy Minister
Ministry of Indigenous Affairs
5^th Floor, 777 Bay Street
Toronto, ON M7A 2J3
Tel: 416-327-4496

Lynn Betzner
Deputy Minister
Ministry of Intergovernmental Affairs
Associate Secretary of the Cabinet
14^th Floor, 56 Wellesley Street West
Toronto, ON M7A 1E9
Tel: 416-325-9698

Denise Cole
Deputy Minister
Ministry for Seniors and Accessibility
6^th Floor, Suite 602
777 Bay Street
Toronto, ON M7A 2J4
Tel: 416-314-3802

Steven Davidson
Secretary of the Cabinet & Head of the Public Service
Room 6420, Whitney Block
99 Wellesley Street West
Toronto, ON M7A 1A1
Tel: 416-325-7641

Serge Imbrogno
Deputy Minister
Ministry of the Environment, Conservation and Parks
5^th Floor, 777 Bay Street
Toronto, ON M7A 2J3
Tel: 416-314-6753

Nancy Matthews
Deputy Minister
Ministry of Heritage, Sport, Tourism and Culture Industries
438 University Avenue, 6^th Floor
Toronto, ON M5G 2K8
Tel: 416-314-7846

Greg Meredith
Deputy Minister
Ministry of Agriculture, Food and Rural Affairs77 Grenville Street, 11^th Floor
Toronto, ON M5S 1B3
Tel: 519-826-4009

Stephen Rhodes
Deputy Minister
Ministry of Energy, Northern Development and Mines
77 Grenville Street, 10^th Floor
Toronto, ON M7A 2C1
Tel: 416-327-6734

Deborah Richardson
Deputy Solicitor General, Correctional Services
Ministry of the Solicitor General
11^th Floor, George Drew Building
25 Grosvenor Street
Toronto, ON M7A 1Y6
Tel: 416-327-9734

PSC Secretariat

Brian Fior, Strategic Advisor to the Public Service Commission
Chief Talent Officer & Associate Deputy Minister
Office of the Public Service Commission
Treasury Board Secretariat
5^th Floor, Whitney Block
99 Wellesley Street West
Toronto, ON M7A 1W4
Tel: 647-283-5310

Stephen Brown, Secretary to the Public Service Commission
Director, Executive Programs and Services Branch
Office of the Public Service Commission
Treasury Board Secretariat
595 Bay Street, Suite 1203
Toronto, ON M5G 2C2
Tel: 416-325-8816

Appendix 2: 2020-2021 Policy & priorities agenda

2020-2021 Agenda

An agenda and priorities for 2020-21 (to be updated as required to reflect new government priorities/emerging opportunities):

Priority area	Policy/Initiative	PSC meeting target (TBC)
Mandated Policy Reviews: required under Occupational Health and Safety Act.	Respectful Workplace Policy	Q3/Q4
Mandated Policy Reviews: required under Occupational Health and Safety Act.	Workplace Violence Prevention Policy	Q3/Q4
Mandated Policy Reviews: required under Occupational Health and Safety Act.	Occupational Health and Safety Policy	Q3/Q4
Public Service Excellence – Fostering an inclusive, responsible and skilled workforce.	Socio-demographic Data (WIN)	Q1/Q2
Public Service Excellence – Fostering an inclusive, responsible and skilled workforce.	Third Party Review of Inclusive Workplace Policies and Programs*	Q4 (Report)
Public Service Excellence – Fostering an inclusive, responsible and skilled workforce.	Ethical Framework Program	Ongoing
Government Priorities – Delivering on key commitments.	Veterans Access to OPS Employment	Ongoing/Q3
Government Priorities – Delivering on key commitments.	Span of Control Reporting	Q3/Q4
Government Priorities – Delivering on key commitments.	Hiring Freeze Guidance & Reporting	Ongoing
Workforce of the Future – Strategic initiatives that create the conditions for a flexible, innovative and skilled workforce.	FutureSpace – Queen’s Park Relocation Project Workforce Strategy	Q1
Workforce of the Future – Strategic initiatives that create the conditions for a flexible, innovative and skilled workforce.	OPS HR Strategy Renewal	Q3/Q4
Foundations – internal / public reporting, innovations in workforce analysis, employee engagement.	Foundations – internal / public reporting, innovations in workforce analysis, employee engagement.	Foundations – internal / public reporting, innovations in workforce analysis, employee engagement.

* Review to inform updates to Respectful Workplace Policy and whether further updates to policies such as the Policy on Preventing Barriers in Employment and Disability Accommodation Policy are required.

Long-term agenda

HR Policies (non-Compensation) Mandated policy reviews (Reviewed annually)	Last revised Mandated policy reviews (Reviewed annually)	Comprehensive Evaluation Mandated policy reviews (Reviewed annually)
Respectful Workplace Policy	November 2019	2020/21(Third Party Review underway)
Workplace Violence Prevention Policy	November 2019	2021/22*
Occupational Health and Safety Policy	November 2019	2023/24
Attendance Policy	January 2018	2023/24
Disability Accommodation Policy	February 2015	2021/22 (Third Party Review underway)
Disclosure of Wrongdoing Directive (Ministries Including Minister’s offices)	August 2015	2021/22*
Disclosure of Wrongdoing Directive (public bodies)	December 2015	2021/22*
Employee Performance Policy Apr 2016 2021/22* Employment Policy	November 2020	2022/23
Employment Screening Checks Policy	November 2018	2023/24
Human Resources Management Delegation of Authority Directive	April 2012	2021/22*
Human Resources Management Directive	April 2012	2021/22*
Learning and Development Policy	April 2012	2021/22*
Policy on Preventing Barriers in Employment	January 2013	2021/22 (Third Party Review underway)
Secondment to a Minister’s Office Policy	November 2017	2022/23

*Note: Future comprehensive evaluation timing is tentative and confirmed on an annual basis. Priority for policy review agenda is based on legislative requirements (e.g. annual reviews of health & safety policies), length of time since last review, accuracy (e.g. organizational changes, designations, responsibilities), and operational and program feedback. Results of the Third-Party Review of OPS inclusive workplace policies and programs may also inform prioritization.

Updated: February 16, 2022

Published: February 05, 2021