2021–22 to 2023–24 Public Service Commission business plan
The Public Service Commission business plan for 2021-2024 includes an overview of the agency and its strategic directions for a 3-year or longer period.
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 Centre for People, Culture and Talent (CPCT), 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 2021 membership list):
- TBS Deputy Minister is the PSC Chair and permanent member of the PSC.
- Assistant Deputy Minister, Talent and Leadership Division 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 for ministry employees. 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. In addition, MBC sub-delegates power to PSC as it relates to creation of positions, salary or wage ranges and other terms and conditions of employment. Limits on sub-delegation are set where appropriate and the PSC retains the right to make (or overrule) decisions should it so choose. For example, the PSC retains authority to appoint senior executives in Executive 3 and Executive Q4 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 CPCT 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 CPCT 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 CPCT in TBS assists the PSC in achieving objectives through policy advice, strategy development, 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:
- Oversee and monitor progress in achieving the strategic priorities of the OPS HR strategy (“The OPS People and Culture Strategy”) to improve the employee experience, develop future-ready talent and equip the OPS to deliver exceptional public services to Ontarians.
- Approve human resource management directives and policies and policies and programs to shape a non-partisan, healthy and safe, professional, ethical, competent, respectful, anti-racist diverse and inclusive public service, and mitigate workforce risks. PSC will oversee and approve policy change recommendations from the third-party review of OPS inclusive workplace policies and programs.
- Promote public service values, diversity, 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
- Launch of new OPS People and Culture Strategy to improve employee experience, develop future-ready talent and equip the OPS to deliver exceptional public services as measured against priorities related to leadership, inclusion, service, and adaptation.
- Alignment with government and business priorities through the OPS People and Culture Strategy and reporting of performance against the associated measurement framework.
Policy development
- Annually, 100% of 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 Q4 (or equivalent) classes of positions.
- Quality of PSC executive appointments through a Quality of Hire index that measures the performance, retention and growth potential of executives two years post-hire.
- Analyze sociodemographic survey respondent information of PSC appointments to Executive 3 or Executive Q4 (or equivalent) classes of positions to identify potential barriers faced by individuals from underrepresented groups.
Conflict of interest
- Annually, 85% post-service conflict of interest determinations are made for ministry employees within 60 calendar days of receiving the request.
- Annual reporting on number of requests for determinations received by former ministry employees, number requiring non-standard restrictions, and instances in which the PSC had to act due to non-compliance with direction.
- Annually, 100% of ministry employees, who are obligated to submit financial conflict of interest declarations to the Integrity Commissioner or attest to no change in status since their last declaration, have complied with the requirements.
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 PSOA, as well as those delegated to it by 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 Q4 classes of positions.
- Dismissals of employees in Executive (levels 2 to Q4) classes of positions (or equivalent).
- Determinations of post-service conflict of interest for former ministry employees.
The enterprise risk management framework provides an overarching structure that the OPS can utilize to embed risk management in decision-making and relevant organizational processes. Integration of risk management is a strategic, decision-making tool that minimizes threats and takes advantage of opportunities.
Assessment of PSC strategic priorities by likelihood and impact of risks are complemented by risk indicators and mitigation to determine risk appetite and tolerance in the execution of the mandate.
| Priority | Risk | Likelihood | Impact | Overall risk rating | Mitigation |
|---|---|---|---|---|---|
Strategic planning Oversee and monitor progress in achieving the strategic priorities of the OPS HR Strategy (“The OPS People and Culture Strategy”) to improve the employee experience, develop future-ready talent and equip the OPS to deliver exceptional public services to Ontarians. | Alignment with organizational priorities There is the risk that human resource management is not aligned with organizational priorities in key areas (e.g. modernization; diversity, equity, inclusion, anti-racism and accessibility). | Low | Moderate | Low | Avoid: PSC will actively monitor the achievement of objectives. Mitigate: PSC will monitor implementation and alignment with the OPS People and Culture Strategy in strategic priorities related to leadership, talent, inclusion, service and adaptation through periodic reporting by CPTCT that considers whether the strategy enables delivery of organizational priorities. |
Strategic planning Oversee and monitor progress in achieving the strategic priorities of the OPS HR Strategy (“The OPS People and Culture Strategy”) to improve the employee experience, develop future-ready talent and equip the OPS to deliver exceptional public services to Ontarians. | Service delivery There are risks that the public service agenda cannot be delivered without future-ready workforce strategies that prepare the OPS to take on the challenges of today and tomorrow within expected timelines. | Low | High | Medium – high | Avoid: PSC will actively monitor the achievement of objectives. Mitigate: PSC to review, discuss and provide direction based on periodic reporting from CPCT on progress for OPS People and Culture Strategy. |
Strategic planning Oversee and monitor progress in achieving the strategic priorities of the OPS HR Strategy (“The OPS People and Culture Strategy”) to improve the employee experience, develop future-ready talent and equip the OPS to deliver exceptional public services to Ontarians. | Reputational Without intentional planning, there is potential to undermine OPS reputation as an inclusive, equitable, accessible and anti-racist employer that is representative of the people of Ontario. | Low | High | Medium – high | Avoid: PSC will continue with active and ongoing effort to monitor the achievement of objectives. Mitigate: PSC will monitor alignment with the PSOA ethics and integrity awareness program and senior leadership diversification program and reporting. Mitigate: PSC will monitor inclusion levels in 2021 as a decrease may indicate risk in achieving a culture and morale that set the conditions for a safe, fair, valued and respected employee experience. |
Policy direction Approve human resource management directives and policies and oversee third party review recommendations under PSC authority to shape a non-partisan, healthy and safe, professional, ethical, competent, respectful, anti-racist diverse and inclusive public service, and mitigate workforce risks. | 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 authority delegation. | Low | High impact | Medium – high | Avoid: PSC will approve an annual policy review agenda to ensure that directives and policies remain current and relevant, and address evolving organizational priorities, recommendations and response for HR management. Mitigate: PSC to review HR Delegation of Authority, to ensure accountability for hiring decisions are consigned to the appropriate level in the organization to optimize organizational efficiency and excellence. Key Risk Indicator: Current manager to non-manager ratio across the OPS is 1:9. Generally, the OPS has a broader average span of control when compared with jurisdictional benchmarks. Mitigate: Through annual reporting, PSC will monitor the current manager to non-manager 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. |
Policy direction Approve human resource management directives and policies and oversee third party review recommendations under PSC authority to shape a non-partisan, healthy and safe, professional, ethical, competent, respectful, anti-racist diverse and inclusive public service, and mitigate workforce risks. | Service delivery There are risks in attracting, developing and retaining talent critical to the public service’s capability to deliver services. | Low | High impact | Medium – high | Avoid: PSC will approve an annual policy review agenda to ensure that directives and policies remain current and relevant, and address evolving organizational priorities, recommendations and response for HR management |
Policy direction Approve human resource management directives and policies and oversee third party review recommendations under PSC authority to shape a non-partisan, healthy and safe, professional, ethical, competent, respectful, anti-racist diverse and inclusive public service, and mitigate workforce risks. | Reputational There are risks with not preserving OPS reputation as a non-partisan, merit-based, anti-racist and inclusive employer that is representative of the people of Ontario. There is also risk of eroding employee engagement and confidence. | Low | High | Medium – high | Avoid: PSC will approve an annual policy review agenda to ensure that directives and policies remain current and relevant, and address evolving organizational priorities, recommendations and response for HR management. Mitigate: PSC will approve policy direction including third party review recommendations (e.g. employment, performance management, diversity, inclusion, accessibility) that promotes merit-based and inclusive hiring decisions. |
Policy direction Approve human resource management directives and policies and oversee third party review recommendations under PSC authority to shape a non-partisan, healthy and safe, professional, ethical, competent, respectful, anti-racist diverse and inclusive public service, and mitigate workforce risks. | Legal As a large, decentralized organization, there are risks to OPS compliance with legislation (e.g. PSOA, Ontario Human Rights Code,Accessibility for Ontarians with Disabilities Act, andOccupational Health & Safety Act) that binds the Crown as an employer. | Low | High | Medium – high | Avoid: PSC will approve an annual policy review agenda to ensure that directives and policies remain current and relevant, and address evolving organizational priorities, recommendations and response for HR management. Mitigate: PSC will maintain compliance with legislation (e.g. PSOA, Ontario Human Rights Code,Accessibility for Ontarians with Disabilities Act , Employment Standards Act and Occupational Health & Safety Act) and public health advice for the OPS as employer, through policy and programs. |
Policy direction Approve human resource management directives and policies and oversee third party review recommendations under PSC authority to shape a non-partisan, healthy and safe, professional, ethical, competent, respectful, anti-racist diverse and inclusive public service, and mitigate workforce risks. | Health & Safety There are financial, fiduciary and liability risks with failure to comply with health and safety legislation, workplace safety measures. | Low | High | Medium – high | Avoid: PSC will approve an annual policy review agenda to ensure that directives and policies remain current and relevant, and address evolving organizational priorities, recommendations and response for HR management. Mitigate: PSC to maintain compliance with legislation (e.g. PSOA, Ontario Human Rights Code,Accessibility for Ontarians with Disabilities Act , Employment Standards Act and Occupational Health & Safety Act) and public health advice for the OPS as employer, through policy and programs. |
Talent and leadership Approve human resource management directives and policies and oversee third party review recommendations under PSC authority to shape a non-partisan, healthy and safe, professional, ethical, competent, respectful, anti-racist diverse and inclusive public service, and mitigate workforce risks. Promote public service values, organizational and service excellence. Promote a culture of diversity, equity, inclusion, anti-racism and accessibility. | Service delivery There are risks that the OPS does not make timely decisions to attract, deploy and retain skilled, diverse and engaged employees to deliver critical public services. | Low | High impact | Medium – high | Avoid: PSOA employment and ethical frameworks are maintained and promoted to ensure non-partisan, ethical, professional and competent public service. Mitigate: PSC meets bi-weekly to provide oversight of executive talent through the approval of appointments to Executive 3 and Executive Q4 classes of positions (and equivalent). Key Risk Indicator: Annual turnover for regular (permanent) staff is 6.0%. Mitigate: PSC will monitor as increases may indicate risk of lost productivity and increased operating costs (employee recruitment, orientation, onboarding, lost capacity etc.). |
Talent and leadership Approve human resource management directives and policies and oversee Third-party review recommendations under PSC authority to shape a non-partisan, healthy and safe, professional, ethical, competent, respectful, anti-racist diverse and inclusive public service, and mitigate workforce risks. Promote public service values, organizational and service excellence. Promote a culture of diversity, equity, inclusion, anti-racism and accessibility. | 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, equitable, accessible and anti-racist employer that is representative of the people of Ontario. | Low | High | Medium – high | Mitigate: PSC will continue to monitor employee engagement levels in 2021 as a decrease may indicate risk in achieving the values, culture and morale that set the conditions for success and employee performance.
(The 2020 OPS Employee Experience Survey was replaced by a Pulse Survey, during the COVID‑19 emergency period.) |
Talent and leadership Approve human resource management directives and policies and oversee Third-party review recommendations under PSC authority to shape a non-partisan, healthy and safe, professional, ethical, competent, respectful, anti-racist diverse and inclusive public service, and mitigate workforce risks. | Legal There are risks associated with how employees are appointed to the public service as prescribed in PSOA and compliance with the Ontario Human Rights Code and Employment Standards Act. | Low | High | Medium – high | Mitigate: PSC will approve appointments to the public service as prescribed in PSOA and maintain compliance with the Ontario Human Rights Code and Employment Standards Act. |
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. | Low | High | Medium – high | Mitigate: PSC will retain decision-making authority for dismissals of employees in all executive classes to ensure fair and consistent processes across the enterprise |
Dismissals of executive employees Promote public service values, organizational and service excellence. | Legal There are risks of legal challenges from dismissed executives. | Low | High | Medium – high | Mitigate: PSC will secure legal advice from TBS Legal Services Branch when considering a recommendation to dismiss |
Dismissals of executive employees Promote public service values, organizational and service excellence. | Financial There are financial costs associated with dismissing executives. | Low | High | Medium – high | Mitigate: PSC will secure 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 ministry employees. | Low | High | Medium-high | Avoid: PSOA employment and ethical frameworks are maintained and promoted to ensure non-partisan, ethical, professional and competent public service. Mitigate: As ethics executive for former employees, the PSC will make decisions about declarations of potential conflicts of interest from former public servants who worked in a ministry. |
Ethical behaviour Promote public service values, organizational and service excellence. | Legal There are compliance risks associated with fulfilling requirements of the PSOA ethical framework. | Low | High | Medium – high | Mitigate: PSC will secure 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 COVID‑19 pandemic: moving from response to recovery. | Governance There are risks in effectively and efficiently executing the PSC’s governance role in responding to impacts and facilitating the reopening of OPS workplaces through appointments, organizational redeployments and approvals. | Low | High | Medium – high | Mitigate: PSC will review business processes periodically to optimize effectiveness and efficiency in executing its mandate, which may include adding meetings to the schedule or alternate methods for considering urgent appointments. Mitigate: PSC to ensure thorough onboarding of new commissioners for effective governance and decision-making. |
Administration and reporting Compliance with reporting requirements (business planning, annual reporting) of the Agencies and Appointments Directive. | Policy There are compliance risks in meeting requirements (business planning, annual reporting) of the Agencies and Appointments Directive. | Low | High | Medium – high | Mitigate: PSC will submit 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 fulfill 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.
Centre for People, Culture and Talent
Treasury Board Secretariat
Appendix 1: Public Service Commission Members (as of June 21, 2021)
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
Commissioners
Shawn Batise
Deputy Minister
Ministry of Indigenous Affairs
5th Floor, 777 Bay Street
Toronto, ON M7A 2J3
Lynn Betzner
Deputy Minister
Ministry of Intergovernmental Affairs
Associate Secretary of the Cabinet
14th Floor, 56 Wellesley Street West
Toronto, ON M7A 1E9
Denise Cole
Deputy Minister
Ministry for Seniors and Accessibility
6th Floor, Suite 602
777 Bay Street
Toronto, ON M7A 2J4
Michelle Di Emanuele
Secretary of the Cabinet & Head of the Public Service
Room 6420, Whitney Block
99 Wellesley Street West
Toronto, ON M7A 1A1
Serge Imbrogno
Deputy Minister
Ministry of the Environment, Conservation and Parks
5th Floor, 777 Bay Street
Toronto, ON M7A 2J3
Nancy Matthews
Deputy Minister
Ministry of Heritage, Sport, Tourism and Culture Industries
438 University Avenue, 6th Floor
Toronto, ON M5G 2K8
Greg Meredith
Deputy Minister
Ministry of Agriculture, Food and Rural Affairs
77 Grenville Street, 11th Floor
Toronto, ON M5S 1B3
Stephen Rhodes
Deputy Minister
Ministry of Energy, Northern Development and Mines
77 Grenville Street, 10th Floor
Toronto, ON M7A 2C1
Shelley Tapp
Deputy Minister
Ministry of Colleges and Universities
438 University Avenue, 5th Floor
Toronto, ON M5G 2K8
PSC Secretariat
Brian Fior, Strategic Advisor to the Public Service Commission
Chief Talent Officer & Associate Deputy Minister
Centre for People, Culture and Talent
Treasury Board Secretariat
5th Floor, Whitney Block
99 Wellesley Street West
Toronto, ON M7A 1W4
Stephen Brown, Secretary to the Public Service Commission
Assistant Deputy Minister, Talent and Leadership Division
Centre for People, Culture and Talent
Treasury Board Secretariat
595 Bay Street, Suite 1203
Toronto, ON M5G 2C2
Appendix 2: 2021-2022 Policy & Priorities Agenda
2021-2022 Agenda
An agenda and priorities for 2021-2022 (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. | Third Party Review of Inclusive Workplace Policies and Programs – Implementation | Ongoing |
| Public Service Excellence –Fostering an inclusive, responsible and skilled workforce. | Policy on Preventing Barriers in Employment | Q3 |
| Public Service Excellence –Fostering an inclusive, responsible and skilled workforce. | Ethical Framework Program | Ongoing |
| Government Priorities –Delivering on key commitments. | Span of Control Reporting | 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. | OPS Flexible Work Strategy/Remote Work | Ongoing |
| Workforce of the Future –Strategic initiatives that create the conditions for a flexible, innovative and skilled workforce. | OPS HR Strategy Renewal | Q2/Q3 |
| 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. |
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 | Dec. 2020 | 2021/22 |
| Workplace Violence Prevention Policy | Dec. 2020 | 2023/24 |
| Occupational Health and Safety Policy | Dec. 2020 | 2024/25 |
| HR Policies (non-Compensation) Key Human Resources Directives and Policies | Last Revised Key Human Resources Directives and Policies | Comprehensive Evaluation Key Human Resources Directives and Policies |
|---|---|---|
| Attendance Policy | Jan 2018 | 2024/25 |
| Disability Accommodation Policy | Feb 2015 | 2021/22 – 2022/23 |
| Disclosure of Wrongdoing Directive (Ministries Including Minister’s offices) | Aug 2015 | 2022/23 |
| Disclosure of Wrongdoing Directive (public bodies) through MBC approval | Dec. 2015 | 2022/23 |
| Employee Performance Policy | Apr 2016 | 2023/24 |
| Employment Policy | Nov 2020 | 2023/24 |
| Employment Screening Checks Policy | Nov 2018 | 2024/25 |
| Human Resources Management Delegation of Authority Directive | Apr 2012 | 2022/23 |
| Human Resources Management Directive through MBC approval | Apr 2012 | 2022/23 |
| Learning and Development Policy | Apr 2012 | 2023/24 |
| Policy on Preventing Barriers in Employment | Jan 2013 | 2021/22 |
| Secondment to a Minister’s Office Policy | Nov 2017 | 2024/25 |
Footnotes
- footnote[1] Back to paragraph 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.
- footnote[2] Back to paragraph Note: Mandatory annual reviews to be completed in 2021/22 with future comprehensive evaluation timing as 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.