PREAMBLE

A Treasury Board Secretariat (TBS) Deployment Policy has been in effect since June 1, 2000 to provide deputy heads with broad guidance in managing deployments within their organization(s).  Deputy heads already have direct statutory authority over deployments under the current Public Service Employment Act (PSEA), and this authority remains under the new PSEA, scheduled to come into force on or about December 2005.

In our service-wide consultations throughout 2004, it became clear that a centrally-driven policy was not needed, given deputies’ direct authority over deployments, and the relatively minimum risk related to deployments to date. 

The current policy served its purpose in providing initial guidance to deputies in their authorities, and is outdated.  For example, the recourse process for employee complaints is now subject to the departmental grievance process.  If an employee feels aggrieved by his or her deployment or the deployment of another employee, he or she is entitled to submit an individual grievance in accordance with section 208 of the Public Service Labour Relations Act (PSLRA).  If an employee is deployed without his or her consent, where consent is required, he or she may refer his or her grievance to adjudication in accordance with section 209 of the PSLRA.  Only an employee in the core public administration may bring a complaint to adjudication, only if that complaint concerns the employee’s deployment under the PSEA without the employee’s consent where consent is required, and only after the grievance process has been heard at the final level. 

We are rescinding the TBS Deployment Policy, and providing the following template for your use in developing your deployment policy, if you so choose.  As well, we are providing guidance through website support and in co-operation with the Canada School of Public Service.

The Policy on Deployment of Executives remains in effect. 

ELEMENTS YOU MAY WISH TO INCLUDE IN YOUR DEPARTMENT-SPECIFIC DEPLOYMENT POLICY

Title

The title should be descriptive but brief and include the word “policy”.

Effective Date

This is the date on which the policy takes effect, which, unless specified otherwise, is the date the deputy head approves the policy.  This section also reports the cancellation of any previous policies.  

This policy takes effect on (insert date).  It replaces (an existing policy, if there is one).

Application

This section specifies the portion of the organization to which this policy applies.  For example, you may wish to have different deployment policies apply to positions in different occupational groups, different regions, or that are differentially affected by work force adjustment.

Context

This section establishes the purpose, rationale, philosophy, context and authorities of the new or amended policy.  It may be brief or comprehensive, brining together all requirements and best practices on deployments, and may be read in conjunction with other documents, e.g. the PSEA.

Deployment is intended to support organizational flexibility and diversity in managing human resources to meet current and future operational and organizational requirements and deliver service of highest quality to the public.

An environment that encourages employee movement can result in benefits to the organization (e.g. competitive edge, development of individual and organizational competencies, achievement of employment equity goals, a more satisfying work environment).

The deputy head of (insert organization’s name) is responsible for deployments to and within the organization. 

This policy (and related procedures, if applicable) provides direction on the effective management of intra- and inter-group deployment of employees within and to the organization.  It has been developed in consultation with stakeholders, and in accordance with legislation and regulations pertaining to deployments and staffing values and principles of the core public administration. 

Definitions

Definitions that readers need to know to understand the policy content may be provided in this section.

Core public administration means the several positions in or under:

• The departments named in Schedule I to the Financial Administration Act (FAA)
• The organizations named in Schedule IV to the FAA.

Separate agency means an organization named in Schedule V to the FAA.

Public service means the several positions in or under:

• The departments named in Schedule I to the FAA
• The organizations named in Schedule IV to the FAA
• The separate agencies named in Schedule V to the FAA.

Organization means any portion of the federal public administration named in Schedule I, IV or V to the FAA.

Employee means a person employed in that part of the public service to which the PSC has the exclusive authority to make appointments.

Occupational group means a series of jobs or occupations related in broad terms by the nature of the functions performed.  Refer to
http://publiservice.hrma-agrh.gc.ca/classification/orggroupstruct/ogd_e.asp.

Position means the work requirements assigned by the respective manager that can be performed by one person.

Deployment:

• Means the transfer of an employee from one position to another, within the same occupational group or between occupational groups, provided that the transfer does not constitute a promotion or change the tenure of that employee. 
• Is possible to or within an organization to which the Public Service Commission (PSC) has the authority to make appointments (Schedules I and IV).  This includes any separate agency in Schedule IV to which the PSC has the authority to make appointments,
• Is possible to the core public administration from an organization in Schedule V to which the PSC does not have the exclusive authority to make appointments, provided that the PSC has approved deployments from that separate agency, 
• Is not an appointment within the meaning of the PSEA. 

Policy Statement

You may wish to succinctly express the government’s expectations, as well as your own, of outcomes from the application of the policy.  This section represents the minimum essential information that deputy heads need to know to exercise their authorities.  

Deployment may be used as a mechanism to transfer employees to different positions to meet current or future employee, operational or organizational needs or requirements.

Policy Requirements

This section normally forms the core of the policy document. It sets out mandatory deliverables, accountabilities and monitoring requirements. 

Deliverables and Accountabilities

Deliverables are normally directed to managers, who are ultimately accountable to the deputy head for the way that they apply the policy.  In a few cases, requirements may be directed to entire branches.  The section should be structured in a way that takes into account both the inherent logic of the policy and the needs of those who apply it. 

Monitoring and Evaluation

This section may also set out how policy results will be measured and reported. These functions may be a corporate, branch or joint responsibility.

Measurement can include the outputs and outcomes of the policy, e.g. policy application, compliance, value-added results to the organization.  Reporting provides information, normally to the DM or corporate Human Resources, on these matters.

Monitoring may be conducted through such avenues as ongoing performance assessments, audits or special studies.  As appropriate, this section of the policy document can:

• indicate when, how frequently and by whom the application and results of the policy will be reviewed;
• indicate the types of review that are to be undertaken;
• provide performance indicators related to the intended outputs and outcomes; and
• state the branch reporting requirements and the data that will be used to assess the policy. 

Managers must:

• not make a deployment unless authority to do so has been delegated to them and they have undertaken mandatory departmental training on deployments;

• make deployments in a manner that is characterized by fair, transparent employment practices, and respect for employees;

• deploy employees only if they meet the security, medical, and conflict of interest requirements, and meet any mandatory qualification standards for the positions to which they are being deployed;

• deploy employees in accordance with the Treasury Board Directive on the Staffing of Bilingual Positions;

• ensure a signed letter of offer acts as the 'certificate of appointment' for pay purposes for deployments;

• make deployments only with the consent of the employee or person being deployed, unless:
  • agreement to being deployed is a condition of employment of the person's current position; or
  • your deputy head finds, after investigation, that the person has harassed another person in the course of his/her employment and the deployment is made within your organization; and,

• respect the grievance procedures when an employee complaint is received related to a deployment.

Managers and employees are encouraged to use the departmental Informal Conflict Management System (ICMS) to resolve a dispute, before proceeding to a grievance, and/or at any time during the grievance process. 

Employee grievances related to deployments may also be subject to provisions of the collective agreement applicable to the employee grieving. 

Responsibilities of other government organizations

This section identifies other Government of Canada organizations, if any, that have responsibilities related to the application of the departmental Deployment Policy. 

References

This section can hyperlink to the legislative and related authorities for the policy.

Financial Administration Act

Public Service Employment Act

Public Service Labour Relations Act

TB Directive on the Staffing of Bilingual Positions

Regulations (which exclude inter-group deployment) (if any)

ADDITIONAL CONSIDERATIONS

In managing deployments, deputy heads may wish to consider: 

• Delegating deployment authority to those managers who have sub-delegated authority for other staffing activities.
• Because the tenure of an employee can not be changed from indeterminate to term as a result of a deployment, ensuring that an indeterminate employee who is deployed into a specified period (term) position is informed if (s) he retains indeterminate status and, if so, arrange an agreement at the time of the deployment about the action to be taken at the end of the specified period.
• Ensuring that employees are made aware of upcoming staffing opportunities where the intention is to use deployment. This could involve highlighting the use of deployment in Human Resources plans, announcements at staff meetings, e-mail, or asking employees periodically about their career interests.
• Adopting different deployment policies or procedures for different occupational groups (e.g. mandatory deployment as a condition of employment), depending on historical work patterns, employee developmental needs, lack of other practicable means to meet needs, or the nature of the work itself.  The condition of employment may be applicable only to deployment within a particular location or region, to a prescribed time period, or to other limiting criteria that are appropriate. The application of this condition should be based on objective criteria and it should not be used to respond simply to unforeseen and unlikely circumstances.
• the needs and rights of employees subject to workforce adjustment; and
• consulting with bargaining agents on the establishment of a deployment policy.