Human Resources Management Directive

Section 1 of the Public Service of Ontario Act, 2006, states that the following are the purposes of the Act:

1. To ensure that the public service of Ontario is effective in serving the public, the government and the Legislature.
2. To ensure that the public service of Ontario is non-partisan, professional, ethical and competent.
3. To set out roles and responsibilities in the administration of the public service of Ontario.
4. To provide a framework in law for the leadership and management of the public service of Ontario.
5. To set out rights and duties of public servants concerning ethical conduct.
6. To set out rights and duties of public servants concerning political activity.
7. To establish procedures for the disclosure and investigation of wrongdoing in the public service of Ontario and to protect public servants who disclose wrongdoing from reprisals.

This directive has been established in support of these purposes.

1.0. Effective date

April 1, 2012

2.0. Original date:

February 24, 1999

3.0. Last revised date:

June 1, 2011

4.0. Policy statement

In the context of the ethical and employment frameworks of the Public Service of Ontario Act, 2006 (PSOA) and the Ontario Public Service (OPS) organizational values, a clear and appropriate policy framework and governance structure are necessary to create and sustain a modern, inclusive and accessible work environment that engages public servants to deliver high quality public service.

5.0 Introduction

5.1. The OPS is a values-based organization committed to excellence in providing public service to the people of Ontario and their elected representatives. To achieve this commitment, the OPS recruits, develops, and retains public servants who are:

• non-partisan, professional, ethical and competent
• knowledgeable, innovative and responsive to change
• engaged, motivated to learn and continuously improve
• committed to quality service
• reflective of provincial diversity at all levels.

5.2. Effective human resource management policies and practices build and sustain workforce capacity and productivity. They are supported by legislative powers and authorities. Management Board of Cabinet (MBC) has the authority to issue directives to:

• create classes of employee positions and determine the duties of and qualifications for the positions
• determine salary or wage ranges and other remuneration including benefits
• set other terms and conditions.^{footnote 1[1]}

5.3. MBC has the authority^{footnote 2[2]} to delegate these powers to the Public Service Commission (PSC)^{footnote 3[3]} and has delegated some of these powers. The PSC is authorized to issue directives for the effective management and administration of human resources in relation to public servants appointed by it. This directive:

• establishes the human resource (HR) management policy framework
• reinforces the role of MBC and PSC in making directives to set terms and conditions of employment or for the effective management and administration of public servants under PSOA, Part III
• is supported by corporate and human resource policies and resources designed to provide direction on specific HR management topics.

5.4. The policy framework creates a systematic enterprise approach to HR management, managing and responding to issues affecting the workforce and workplace in a continuously changing environment.

5.5. The enterprise approach to HR management includes the following elements:

1. Governance and accountability – policy direction related to roles, responsibilities and related delegation of authority for HR decision-making
2. Ethical and business conduct – policy direction related to compliance with the PSOA ethical framework elements and business best practices
3. Organizational culture – strategic direction related to leadership and establishment of an inclusive, accessible workplace
4. Employment – policy direction related to the employment lifecycle (attraction, recruitment, appointment, assignment, adjustment, and separation)
5. Compensation – policy direction related to organizational design, job evaluation, classification, pay, benefits and pension
6. Talent management – policy direction related to:
   • employee support, development and assistance
   • employee engagement and retention
   • succession planning
7. Health, Safety and Wellness – policy direction related to health, safety and wellness within the work environment
8. Employee Relations – activities related to union–management relations, collective bargaining, and administration of collective agreements.

6.0. Purpose

This directive sets out the governance model and policy framework for enterprise human resource management.

7.0. Application and scope

7.1. This directive applies to all phases and aspects of human resource management for public servants appointed to work in ministries or Commission public bodies under Section 32 of the PSOA.

7.2. Provisions in this directive apply to all other HR directives and policies.

7.3. For purposes of this directive and all other HR directives and policies, the order^{footnote 5[5]} of human resource policy instruments is as follows:

Directive: Overarching governing principles, mandatory requirements and responsibilities for public servants.

Policy: Mandatory direction, process or procedure related to a specific topic, business area or business process; contains topic-specific principles, mandatory requirements and responsibilities.

Guideline: Best practices related to a specific topic, business area or business process.

7.4. The requirements and responsibilities in both directives and policies are binding on public servants.

7.5. "Delegated authorities"; refers to PSOA powers, duties and functions included in this directive and "assigned tasks"; refers to responsibilities that are not related to a statutory delegation.

7.6. Where there is a difference between this directive and:

• a related provision in applicable legislation, the legislation prevails
• a related provision in an applicable collective agreement, the collective agreement prevails
• another related HR directive or policy other than the Suspension and Termination section of the Employment Policy, this directive prevails.

7.7. In this directive, the term "deputy minister"; means a deputy minister or a person delegated or assigned to perform the power, duty or function in accordance with Public Service Commission and ministry or Commission public body human resource delegations as applicable.

8.0. Principles

8.1. A modern public service:

• functions as a single employer^{footnote 6[6]} with integrated, enterprise-wide HR management planning and implementation
• integrates HR management into the business planning process as an integral component
• values, recognizes and rewards employee contributions
• clearly and consistently communicates the importance of and its commitment to diversity, inclusion and accessibility
• has governance structures that effectively balance accountabilities
• is supported by clear accountability mechanisms.

8.2. The PSOA ethical and employment frameworks set the foundation for HR management policy and practices.

8.3. HR management decisions are aligned with OPS organizational values^{footnote 7[7]} of:

• trust
• fairness
• diversity
• excellence
• creativity
• collaboration
• efficiency
• responsiveness

and elements of modern controllership:

• ethical conduct
• conscious management of risks
• clear lines of accountability
• stewardship of resources
• reporting and evaluation of results against stated objective^{footnote 8[8]}.

8.4. HR management directives, policies, guidelines and practices are intended to build an inclusive and accessible work environment free from discrimination and harassment.

8.5. Effective HR management is achieved through a constructive and harmonious relationship with bargaining agents.

8.6. Effective HR management that informs, engages and supports employees is essential in sustaining productivity and quality public service delivery.

8.7. The OPS adheres to sound privacy principles in its approach to the collection, use and disclosure of personal information related to its employees.

8.8. Documentation, retention, posting and reporting of HR-related information must be in accordance with relevant legislation and related corporate directives and policies.

8.9. Policy compliance is fundamental to effective HR management.

9.0. Mandatory requirements

9.1. MBC and PSC must ensure that:

• human resource plans, directives, policies, delegation instruments and other governance mechanisms are current and communicated clearly to the organization
• an archive is established for the storage and maintenance of directives and policies made under the PSOA.

9.2. Employees must observe and comply with all elements of the ethical and employment framework:

• oaths of allegiance^{footnote 9[9]} and office^{footnote 10[10]}
• conflict of interest rules^{footnote 11[11]}
• disclosure of wrongdoing^{footnote 12[12]}
• political activity rights and restrictions^{footnote 13[13]}.

9.3. All other HR directives, policies and guidelines must be:

• aligned with this directive
• accessible, current and communicated clearly to the organization
• audited, reviewed and updated on a regular periodic basis.

10.0. Responsibilities

The following responsibilities apply to all HR directives and policies under the PSOA.

Employees

10.1. Comply with:

• requirements and obligations under the PSOA and regulations made under it
• the Human Rights Code, the Occupational Health and Safety Act and regulations
• HR directives, policies, guidelines, and relevant collective agreement provisions.

10.2. Contribute to an inclusive and accessible workplace free from discrimination and harassment.

10.3. Understand and comply with the duties and responsibilities required by their position including duties under HR directives and policies, and provide information to managers as required in HR directives and policies.

10.4. Understand that employees found to have violated any HR directive or policy may be subject to discipline up to and including dismissal, in accordance with the principles of progressive discipline.

10.5. Meet performance commitments and manage personal development and career plans by working collaboratively with the manager.

10.6. Participate in mandatory educational programs and awareness-raising activities related to the PSOA, and HR directives and policies.

Managers

10.7. Fulfill all employee responsibilities set out in sections 9.1 to 9.6.

10.8. Model organizational values and HR management best practices in executing managerial responsibilities.

10.9. Inspire, coach and lead employees to achieve results and give constructive feedback.

10.10. Implement human resource plans, directives, policies and apply relevant collective agreement provisions.

10.11. Establish clear and specific accountabilities, duties and responsibilities for every employee including the importance and implications of employee compliance with HR directives and policies.

10.12. Document and maintain appropriate records in accordance with confidentiality rules.

10.13. Foster an inclusive and accessible workplace free from discrimination and harassment.

Human Resource Heads (Director, Ministry Strategic Business Unit)

10.14. Act as ministry lead in designing, developing and implementing ministry HR systems, processes, initiatives and best practices that support the PSOA ethical and employment frameworks, and HR directives and policies.

10.15. Support the deputy minister in ministry talent and performance management initiatives.

10.16. Support senior managers in HR management obligations.

10.17. Act as liaison between Executive Programs and Services and the ministry in providing senior executives with program advice and direction, training, information, advice and supports.

10.18. Act as ministry lead in supporting Ministry of Government Service’s mandate in collective agreement negotiations.

10.19. Establish mechanisms to enable senior manager and employee compliance with mandatory requirements in directives and policies and related HR management obligations.

10.20. Provide regular feedback to HROntario regarding improvements to HR directives, policies and guidelines.

Deputy Ministers and Chairs/prescribed PSC delegates of Commission Public Bodies (CPB)

10.21. Provide ministry leadership in:

• establishing mechanisms for employee awareness, instruction and compliance with the requirements of the PSOA ethical and employment frameworks, all directives, policies, guidelines and collective agreements
• providing managers with the capacity and support and delegated authority needed to meet the requirements of HR directives, policies, guidelines and collective agreements to enable the achievement of business goals
• fostering and sustaining an inclusive and accessible workplace free from discrimination and harassment through compliance with the Human Rights Code, the Occupational Health and Safety Act, related regulations and other relevant legislation that binds the Crown.

10.22. Build and support organizational capacity and define HR strategies to achieve business goals and address organizational priorities.

10.23. Where there is a prescribed PSC delegate, the chair and the deputy minister consult with each other for the purpose of carrying out delegated or assigned HR functions in respect of the prescribed PSC delegate.

HROntario, Ministry of Government Services

HR policy and workforce planning

10.24. Establish the contractual, legal and policy frameworks for human resource management to enable the achievement of the government’s agenda.

10.25. Identify and mitigate potential employer risks related to HR management by providing strategic human resource policy advice and interpretation of directives and policies to the Management Board of Cabinet, Public Service Commission and managers, and establish a schedule for the regular periodic review of HR directives, policies and guidelines.

10.26. Develop and interpret HR directives, policies and guidelines including employment, compensation, performance management, health and safety and prevention of workplace harassment and individual and systemic discrimination.

10.27. Identify HR priorities and organizational capacity through enterprise human resource plans.

10.28. Provide analytics, reporting, communications and decision-making tools related to FTE management and workforce planning.

10.29. Set HR performance measures and reporting requirements, and monitor the application of all directives and policies.

10.30. Recommend policy and planning improvements to the Management Board of Cabinet or Public Service Commission, as appropriate.

Employee relations

10.31. Negotiate and liaise with bargaining agents on matters related to the terms and conditions of employment of bargaining unit employees and ensure the provisions of the Confidential Disclosure to Bargaining Agents Directive are met.

10.32. Represent employer interests in labour disputes, grievances and joint union-management committees.

10.33. Develop and manage personnel security protocol and processes.

10.34. Develop and administer employee health, safety and wellness programs.

HR services^{footnote 14[14]}

10.35. Provide centralized system support for enterprise HR business processes.

10.36. Act as liaison between HROntario human resource subject matter experts and the manager or employee in providing managers and employees policy interpretation, advice and direction.

10.37. Provide front line HR advisory and recruitment services to managers.

10.38. Manage executive programs and services.

10.39. Manage youth and new professionals programs.

Education and training

10.40. Provide training, information, advice and supports for managers.

10.41. Provide information and coaching to employees.

10.42. Provide enterprise leadership in establishing and sustaining educational and training programs.

Employee engagement

10.43. Provide enterprise leadership in establishing and sustaining mechanisms and related supports for improving workforce capacity and employee engagement.

Public Service Commission

10.44. Provide enterprise leadership by:

• Ensuring strategic oversight for effective HR management in the OPS
• Setting organizational values and methods for promotion and integration
• Ensuring human resource plans, directives, policies, delegation instruments and related governance mechanisms are current and communicated clearly to the organization.

10.45. Issue all PSC directives and policies for effective management and administration of human resources.

10.46. Ensure non-partisan appointments.

10.47. Make recommendations to Management Board of Cabinet on HR directives and policies that require MBC approval.

10.48. Establish an archive for the storage and retention of PSC directives.^{footnote 15[15]}

10.49. Hold deputy ministers, chairs/prescribed PSC prescribed delegates (where applicable) accountable for the effective implementation of directives and policies.

Secretary, Management Board of Cabinet

10.50. Recommend to Management Board of Cabinet:

• HR directives and policies for salary or wage ranges
• Other terms and conditions of employment, including negotiated collective agreements
• Designated full time equivalent (FTE) levels for ministries.

10.51. Convey MBC decisions to deputy ministers.

Secretary of the Cabinet

10.52. Convey Cabinet decisions to deputy ministers.

10.53. Manage the performance of deputy ministers.

Management Board of Cabinet

10.54. Issue all MBC HR directives and policies.

10.55. Establish an archive for the storage and retention of MBC directives.^{footnote 16[16]}

Appendix A – Directive revisions

Appendix B - Terms and definitions

Accessible

State of being easily reached or obtained; facility that can be easily entered; posing no obstacles to persons with a disability.

Commission public body

A public body that is prescribed as a Commission public body under PSOA clause 8 (1.1) (b), therefore under the jurisdiction of the Public Service Commission.

Deputy Minister

When used in this directive in relation to a power, duty or function to be performed by a deputy minister means:

• deputy minister or a person delegated or assigned to perform the power, duty or function in accordance with Public Service Commission and ministry or Commission public body human resource delegations as applicable.

Diversity

Presence of a wide range of human qualities and attributes within a group or an organization. The dimensions of diversity include, but are not limited to age, gender, race, ethnicity, physical and intellectual ability, religion, sexual orientation, educational background, and expertise.

Enterprise

The Ontario Public Service including ministries and Commission public bodies.

HR Management Policy Framework

Framework related to the formulation, development and management of enterprise issues affecting the workforce and workplace: Framework elements:

a) Governance and accountability– policy direction related to roles, responsibilities and related delegation of authority for HR decision-making

b) Ethical and business conduct – policy direction related to compliance with the PSOA ethical framework elements and business best practice

c) Organizational culture – strategic direction related to leadership and establishment of an inclusive, accessible workplace

d)Employment – policy direction related to the employment lifecycle (attraction, recruitment, appointment, assignment, redeployment and separation)

e) Compensation – policy direction related to organizational design, job evaluation, classification, pay, benefits and pension

f) Talent management – policy direction related to:

• employee support, development and assistance
• employee engagement and retention
• succession planning

g) Health, safety and wellness – policy direction related to health, safety and wellness within the work environment

h) Employee relations – activities related to union–management relations, collective bargaining, and administration of collective agreements

Inclusive

An environment that accepts, utilizes, accommodates and appreciates the talents, skills, abilities, perspectives and leadership styles of all employees and clients, including all aspects of their diversity.

Prescribed PSC Official/Delegate

The individual that is prescribed in O. Reg. 148/10 made under the Public Service of Ontario Act, 2006 for the purpose of receiving delegated human resource powers, duties and functions in order to manage staff in a Commission public body. This individual may also be referred to as the PSC delegate.

Public body

Entity that is prescribed as a public body under PSOA clause 8 (1.1) (a) (includes most classified agencies boards and commissions).

Public Service Commission

Entity established under the Public Service of Ontario Act, 2006 with specific powers, duties and functions for public servants as stipulated in the Act.

Secretary of the Cabinet

Clerk of the Executive Council and the head of the public service of Ontario.

Appendix C - HR Management Policy Framework

The Public Service of Ontario Act, 2006 governs human resource (HR) management within the Ontario Public Service (OPS). The HR management policy framework incorporates the OPS values and includes the following eight elements:

• governance and accountability
• ethical and business conduct
• organizational culture
• compensation
• employment
• talent management
• employee relations
• health, safety and wellness.

The framework is supported by HR directives, policies and guidelines, which are operationalized through a variety of HR programs. These programs are implemented at an enterprise level as well as within ministries and Commission public bodies.

The HR management policy framework is maintained and renewed through a cycle of policy development, program application and compliance, policy compliance audits, evaluation and policy reviews.