2016-19 Public Service Commission business plan
The Public Service Commission business plan for 2016-2019 includes an overview of the agency and its strategic directions for a 3-year or longer period.
The Public Service Commission (PSC) is created pursuant to the Public Service of Ontario Act, 2006 (PSOA)to ensure the effective management and administration of human resources in the Ontario Public Service (OPS). Its authority to issue directives and policies regarding the terms and conditions of appointment for public servants is delegated by the Management Board of Cabinet. The PSC is defined as a Regulatory Agency (without governing board) under the Agencies and Appointments Directive.
Key achievements in the previous year
Talent management
The Succeeding Talent into Executive Positions (STEP) pilot program entered its third year. STEP seeks to identify, assess, develop and deploy talented managers and directors into priority executive positions through an accelerated process of development to ready them to assume the role of Chief Administrative Officer in a ministry. Of 15 participants at the outset of the pilot, 13 remain in the program and two have left the OPS for positions in the broader public sector. All 13 remaining have been deployed and have a group learning plan.
PSC approved the nominations of three senior executives to year-long Fellowships with Queen’s University, Ryerson University and the University of Toronto. These external secondments are granted annually to senior executives to contribute to academia (including teaching courses), and return with enriched experience to the OPS.
PSC also approved the nomination of up to twelve Assistant Deputy Ministers for the Senior Public Sector Leader Program at the Ivey School of Business, Western University.
PSC served as a forum for numerous executive talent management discussions including ministry clusters (e.g. the Land and Resources Cluster of Natural Resources and Forestry, Agriculture, Food and Rural Affairs, Northern Development and Mines and Environment and Climate Change) and functional clusters that cut across ministries (e.g. Information and Information Technology, Human Resources, and Communications).
PSC approved the implementation of an Assessment and Development Framework for Assistant and Associate Deputy Ministers identified as ready for higher level positions. Potential successors have been identified and will undergo assessments, coaching and development to aid the Secretary of the Cabinet in managing Deputy Minister and Associate Deputy Minister succession.
Policy agenda
PSC adopted a new streamlined approach for 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.
Non-substantive changes to the following policies and directives were endorsed during the 2015/16 year to date:
- The Disclosure of Wrongdoing Directives
- The Occupational Health and Safety Policy
- The Workplace Violence Prevention Policy
- The Secondment to a Minister’s Office Operating Policy
PSC approved the implementation of the updated Employee Performance Policy (approved during the 2014/15 fiscal year) to come into effect as of April 1, 2016.
For the 2016 calendar year, PSC approved retaining the existing attendance threshold of seven days under the Attendance Management Policy.
PSC continues to meet its responsibility under PSOA and its regulations to maintain a list of positions which routinely work on one or more matters that might involve the private sector and to communicate to incumbents the requirement to disclose potential conflicts through the annual Conflict of Interest Financial Declaration process. PSC also approved potential disciplinary options if an employee fails to declare. Incumbents were advised in December 2015.
2016/17 Priorities
PSC will move to becoming a more strategic vehicle by ensuring that the matters that come before it support our organizational vision and goals in the areas of Public Sector Renewal, Digital Government and the OPS of the Future.
Numerous activities will support this direction in the coming year, including a senior executive diversity survey, resourcing digital government initiatives and a review of certain core leadership development programs, including external post-secondary fellowships. This review will seek to identify ways in which the programs can better reflect Ontario’s diversity in both the nominations process and the opportunities available. During the year ahead, PSC will also be responding to the recommendations of the Advisory Panel on Management and Non-Bargaining Staff Recruitment and Retention led by Don Drummond.
PSC’s 2016/17 policy agenda is informed in part by the OPS HR Plan for 2015-2020: Building on our Strengths – Leading Change for the Future, which was approved in the second quarter of 2015/16. The five-year strategic human resources plan was launched to all employees in November 2015. This HR Plan builds on the progress of previous OPS HR 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.
Through trends research, consultations and the 2014 OPS Employee Survey results, three priorities were identified to shape our strategic direction in the years ahead:
- Fostering a positive and inclusive workplace culture
- Developing engaged and innovative leaders
- Implementing effective and fair HR practices
Efforts will continue to streamline and modernize our HR directives and policies. Part of this process will include setting an agenda that will be confirmed by the PSC in the first quarter of 2016/17. By legislated mandate it will include annual reviews of :
- The Occupational Health and Safety Policy
- The Workplace Violence Prevention Policy
- The Workplace Discrimination and Violence Prevention (WDHP) Policy.
Note that a 5-year evaluation of the WDHP Policy and program was completed in 2015/16 and PSC approval of any resulting policy changes is likely to occur in the first quarter of 2016/17.
PSC approval may also be required for any changes coming out of policy reviews that are already underway, including the Employment Screening Checks Policy.
Mandate
The PSC is created pursuant to the Public Service of Ontario Act, 2006 (PSOA). The PSC may exercise the powers and shall perform the duties and functions assigned to it under PSOA or any other Act, including those prescribed by the Lieutenant Governor in Council and those delegated by the Management Board of Cabinet (MBC).
The mandate of the PSC is to ensure:
- the effective management and administration of human resources in relation to public servants that the PSC or its delegates appoint to employment by the Crown under Part III of PSOA
- the non-partisan recruitment and employment of public servants that the PSC or its delegates appoint to employment by the Crown under Part III of PSOA
Overview of current and future responsibilities
While the Management Board of Cabinet is responsible for many human resource management functions in the OPS, the Commission continues to exercise important oversight functions, particularly in relation to senior levels of the organization. The Commission has the power under the PSOA, 2006, to issue directives and policies respecting various human resource matters. The Commission also exercises adjudicative powers in relation to the conflict of interest and post-service provisions of the PSOA.
More specifically, the PSC is responsible for:
- defining an HR governance model and PSC-level authorities
- issuing directives and policies for the effective management of human resources
- ensuring that the employment of public servants is based on non-partisan practices
- considering various employment actions, including appointments at the assistant deputy minister level and release from employment
Some of the administrative matters that appear on the Commission’s agendas include regulations regarding the establishment of classifications and compensation for non-bargaining unit staff, approval of senior appointments and contracts, and waivers of competition – in accordance with its authority delegated by the Management Board of Cabinet.
The Commission operates on a weekly or as necessary basis and does not have daily functions.
Environmental scan
Demographic pressures along with a global shift in the nature of work have presented new challenges to human resources planning in the OPS. Key workforce challenges include:
- skill gaps and shortages in areas of work that require new capabilities and upgraded skills such as digital government
- demands on the workforce as employees adapt to new organizational structures and ways of working
- difficult fiscal and economic realities facing the public sector
- the demographic pressure of an aging workforce and management cadre;
- the need to ensure the OPS is an inclusive workplace which values diversity and is reflective of Ontario’s population
- succession planning and executive development
- the need to position the OPS as the employer of choice where skilled, knowledgeable and motivated employees can build rewarding careers
- successful negotiation of fair and reasonable collective agreements
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)
- Deputy Minister, Treasury Board Secretariat, Secretary of Treasury Board and Management Board of Cabinet, who is the Chair (Greg Orencsak)
- Deputy Minister of Government and Consumer Services (Angela Coke)
Other deputy minister members are appointed by the Lieutenant Governor in Council to the role of Commissioner for one-year terms, which may be renewed. Members of the Commission do not receive any remuneration above their regular OPS salary for these services. See Schedule A for a listing of PSC members and current appointment terms.
The Commission does not maintain a budget or staff. Staff from the Centre for Leadership and Learning (CFLL), Treasury Board Secretariat, provides secretariat support to the Commission. Funding for the ongoing administrative operations of the PSC is provided by the Centre for Leadership and Learning in accordance with the Ministry’s budgeting priorities and procedures.
Strategic direction
The strategic direction of the Commission is to fulfil its legislated mandate. The Commission directs and regulates significant aspects of employment in the OPS, and in that capacity, it visibly promotes modern, inclusive and accessible human resource practices at all levels of the public service reflective of the Ontario Public Service’s strategic HR Plan and Inclusion Now, the OPS Inclusion Strategy. The PSC is committed to supporting and developing policies, programs and services designed to create a diverse and inclusive organization that delivers excellent public service and encourages all employees to achieve their full potential.
The Commission will be engaged in the identification of strategic HR management priorities to ensure that the OPS is positioned to meet emerging challenges. At the same time, it will continue to play a significant role in upholding and promoting the ethical requirements established in the PSOA. This includes conflict of interest rules, disclosure of wrongdoing processes and political activity restrictions. The PSC also provides determinations on certain matters as the ethics executive for former public servants.
The Commission also plays a role in encouraging and developing leadership capacity. In this role, the Commission acts as a forum for Deputy Ministers to undertake strategic human resource planning and development for their senior managers including efforts to further diversify the Senior Management Group. In particular, the Commission is focussed on the Senior Management Group 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 SMG/ITX3 and 4 level positions and the salaries of incumbents in those positions
- dismissals at the SMG/ITX 2, 3, and 4 level, without cause
- exceptions to PSC approved policies, including SMG 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 minutes of meetings). 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
Not applicable. 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 HR Policy and Planning Branch and 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 March 11, 2016)
| Current member | Appointment status |
|---|---|
|
Greg Orencsak, Chair Regular Member |
Term concurrent with appointment as Deputy Minister, Treasury Board Secretariat, Secretary of Treasury Board and Management Board Secretariat |
|
Diane McArthur, Secretary Secretariat Support |
Not an appointed member; provides secretariat support |
|
Helen Angus, Commissioner 1st Year Member |
First term appointment July 22, 2015 to June 30, 2016 |
|
Dr. Robert Bell, Commissioner 2nd Year Member |
First term appointment October 22, 2014 to June 30, 2015 Extended July 1, 2015 to June 30, 2016 |
|
Alex Bezzina, Commissioner 1st Year Member |
First term appointment July 22, 2015 to June 30, 2016 |
|
Angela Coke, Commissioner Regular Member |
Term concurrent with appointment as Deputy Minister, Ministry of Government and Consumer Services |
|
David De Launay, Commissioner 1st Year Member |
First term appointment March 11, 2016 to June 30, 2017 |
|
Steven Davidson, Commissioner 1st Year Member |
First term appointment March 11, 2016 to June 30, 2017 |
|
Laurie LeBlanc, Commissioner 1st Year Member |
First term appointment March 11, 2016 to June 30, 2017 |
|
Janet Menard, Commissioner 1st Year Member |
First term appointment January 3, 2016 to January 2, 2017. |
|
Steve Orsini, Commissioner Regular Member |
No expiry; term concurrent with appointment as Secretary of the Cabinet |
|
Stephen Rhodes, Commissioner 2nd Year Member |
First term appointment October 22, 2014 to June 30, 2015 Extended July 1, 2015 to June 30, 2016 |
|
Deborah Richardson, Commissioner 2nd Year Member |
First term appointment January 5, 2015 to January 2, 2016 Extended January 3, 2016 to January 2, 2017 |
Schedule B: PSC risk assessment
Strategic risk
Strategic planning.
Risk description/ considerations (financial and non-financial)
The risk that strategies and policies fail to achieve targeted results.
Related agency objective(s)
The effective management and administration of human resources across the OPS. The non-partisan recruitment and appointment of public servants.
Likelihood / impact of risk
Likelihood: Low - The HR Policy and Planning Branch of Treasury Board Secretariat is responsible for creating and updating policies and directives that help ensure the effective management of human resources in the OPS.
Impact: High - Policies and strategies approved by PSC apply to all public servants. Poorly conceived policies would have an impact on the effective deployment and management of human resources.
Risk owner (agency / ministry)
Ministry and agency.
Mitigation strategy
The HR Policy and Planning Branch carries out regular reviews and updates of policies and directives.
Specific target for resolution
Ongoing.
Strategic risk
Agency accountability.
Risk description/ considerations (financial and non-financial)
Risk of failure to comply with legislative requirements.
Related agency objective(s)
The effective management and administration of human resources across the OPS. The non-partisan recruitment and appointment of public servants.
Likelihood / impact of risk
Likelihood: Low - The PSC has ready access to legal counsel from Treasury Board Secretariat Legal Services Branch (LSB) and is advised regularly by LSB on issues that come before it.
Impact: High - Failure by the PSC to make determinations in compliance with legislation could jeopardize the reputation of the government.
Risk owner (agency / ministry)
Ministry and agency.
Mitigation strategy
The PSC seeks advice from TBS Legal Services Branch on all items with legal implications.
Specific target for resolution
Ongoing.
Strategic risk
Operational decisions.
Risk description/ considerations (financial and non-financial)
Risk of poor or inappropriate decisions that the PSC approves including the following:
- approvals of appointments to positions at the SMG/ITX3 level and above (not Deputies) including salary levels
- approvals of dismissals and/or releases (without cause) of SMG/ITX2 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.