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Speech by
the Honorable Lucienne Robillard,
President of the Treasury Board, and
Member of Parliament for Westmount-Ville-Marie
September 16, 2003
1. Introduction
Mr. Chairman, it is a pleasure to appear before this committee for a second
time to discuss the Public Service Modernization Act. I am joined this
morning by Mr. Jim Judd, the Secretary of the Treasury Board and by Mme. Monique
Boudrias Assistant Deputy Minister and Senior Advisor to the Task Force on
Modernizing Human Resources Management in the Public Service.
I have followed with great interest the deliberations of the Senate and I
appreciate the depth and breadth which your discussions have taken. I share your
clear commitment to the Public Service of Canada and your desire to protect and
uphold its tradition of non-partisanship, fairness and excellence. They are
principles upon which we will not compromise.
As Parliamentarians and as Canadians, we all have an interest in seeing that
the Government of Canada continues to provide the public with the high level of
service that they expect and deserve. But we also live in an era of changing
expectations and demands. We must be willing, and able, to evolve if we are to
continue to serve Canadians effectively. This means having the right systems and
processes in place to ensure that we can achieve excellence.
I believe that Bill C-25, together with other management reform initiatives,
will allow us to move forward with many necessary changes. I welcome this chance
to once again speak to the Bill.
During my last appearance, I spoke at length about what we want to achieve
with C-25. Better staffing. More supportive and productive working environments.
Clearer accountability. More coordinated learning. I do not intend to go over
all the elements of the Bill again. You are very familiar with it by now.
Instead, I simply want to focus on a few specific areas. I hope that I can
clarify some matters and put some of your concerns to rest.
I would like to start with staffing - and especially the issue of merit and
the need for fair and non-partisan hiring practices.
2. Staffing and Staffing Recourse
There is broad recognition that the current staffing system is broken.
Problems have been acknowledged by the Auditor General and by many witnesses
from whom you have already heard. The current system is simply too cumbersome.
It forces managers to spend too much of their time focusing on numerous rules
instead of allowing them to get the right people into the right jobs when they
need them.
C-25 is designed to help rectify this situation. By clearly defining a new
approach to merit we will be able to move away from rigid and prescriptive
procedural processes and move towards a regime that is more supportive of our
operational realities.
Defining merit is not watering down merit. We are not in any way compromising
on important values like non-partisanship. We are not opening the door for
unqualified candidates to get jobs. Appointees must continue to meet essential
qualifications of the work which include the experience, skills, education and
personal traits necessary to perform the work. Essential qualifications are not
minimum qualifications. This is the same as the basis for assessment that is
used today.
I also wish to assure you that C-25 does not eliminate competitive staffing.
Today the Public Service Commission determines the circumstances when it is
appropriate to hold a competition and consider many candidates and when it is
appropriate to consider one candidate. This will continue under C-25.
The PSC will continue to make all appointments and to delegate that authority
with terms and conditions, to monitor the use of delegated authority and to
amend or rescind delegation.
The PSC will have the authority to set policy, regulations and guidelines on
how staffing is conducted. It will be able to investigate external appointment
processes to ensure they were based on merit, and have the power to revoke
appointments and take any corrective action it considers appropriate. The
Commission will continue to have the authority to investigate fraud in the
selection process and politically influenced appointments.
C-25 proposes to create a new Public Service Staffing Tribunal (PSST), which
will be an independent body completely separate from the appointing authority.
It would manage a recourse regime that safeguards against abuse of authority.
These measures afford strong protection to merit and guard against political
and bureaucratic patronage.
3. National Area of Selection
I would like to turn my attention now to another issue where concerns have
been raised by members of this committee, that of expanding competitions to a
national area of selection. We can all agree that moving to a national area of
selection is, in theory, a very good idea. The problem lies not with the
principle, but in its application.
This is a complex issue that cannot be solved overnight. It is necessary, for
example, to balance competing issues such as accessibility, efficient use of
public funds and speed of staffing. This is a challenge. Nevertheless, we are
making progress. National areas of selection are already being used for senior
officer-level jobs, including executive positions. They are also used for
post-secondary recruitment and student recruitment programs. This is a good
start, and we will continue to build on it.
I fully support the Public Service Commission's action plan to gradually
increase the use of national areas of selection. I have spoken with my officials
and we are firmly committed to providing the PSC with the financial support
necessary to put the right tools in place to expand opportunities for all
Canadians as quickly as possible.
I particularly applaud the fact that the PSC has committed to reporting to
Parliament on progress on an annual basis. This will ensure that this issue
remains a top priority for us all.
4. Learning
An area of C-25 that I am happy to say has received overwhelmingly positive
reaction is our desire to create the Canada School of Public Service. People
recognize the importance of adopting a more integrated and coherent approach to
lifelong learning. The integration of learning services proposed in C-25 is key
to better delivery of training and development activities. It is an important
step forward in ensuring that our public service workforce has the capacity and
knowledge to better serve Canadians.
That being said, there is one issue related to the proposed School that has
generated some questions. People have asked me why language training was not
part of the proposed School's mandate. We have reassessed this issue, and if
Bill C-25 receives Royal Assent, I am pleased to announce that the Government
has decided that Language Training Canada will be transferred to the new school.
5. Values and Ethics
A final area which I would like to touch upon is disclosure of wrongdoing in
the workplace. This issue has figured prominently in your deliberations.
As we move forward with C-25, and with other management reforms, the
Government of Canada reaffirms strongly his commitment to a public service where
employees can honestly and openly discuss their concerns without fear of
reprisal. We want cases of wrongdoing brought to light and dealt with.
I believe that we are making progress. We have, for example, worked closely
with union partners to address concerns over harassment in the workplace. We
recently introduced a new code of values and ethics which was the result of
extensive discussion and consultation in the public service. The Code includes
revised conflict of interest guidelines and updated post-employment measures and
articulates the values that guide the public service. The Code is not just
motherhood statements - it has teeth. Anyone who believes the Code has been - or
is being - violated can report it to the Public Service Integrity Officer.
Breaches of the Code can result in discipline, up to and including dismissal.
The Code has been complemented by other important initiatives such as a guide
for Deputy Ministers and a Management Accountability Framework.
These actions are all a step in the right direction. But they alone will not
be sufficient. As Dr. Keyserlingk pointed out in his first annual report
yesterday, too many public servants are not aware of the existing disclosure
policy or how to use it. Some believe they are not adequately protected by it.
I welcome Dr. Keyserlingk's point of view and thank him for his thoughtful
and judicious comments. We need to respond quickly to the issues he has raised
and we will.
That is why I am happy to announce the creation of a working group to examine
disclosure of wrongdoing in the workplace and to propose concrete solutions. Dr.
Keyserlingk has agreed to sit on the working group and he will be joined by
other prominent stakeholders and experts.
I want them to look at different international approaches and to propose a
uniquely Canadian model - a model that fits our operating reality and reflects
our Canadian values and ethics.
This is not an open-ended review process. There is already a considerable
amount of information and expertise out there. We aren't starting from scratch -
a lot of work has already been done by parliamentarians, including this
committee. For that reason, I want very tight timelines. I expect that the
working group will be up and running within the next few weeks and I am going to
ask for a report by end of January 2004. I intend to provide this report to
parliamentarians for review. They could consult on these findings and then make
a final report to the Government on further action to be taken, including
legislative options.
I believe that this is the most prudent and appropriate manner in which to
address an issue that is important to us all but also has many complex aspects
that require serious reflection. But make no mistake, I am committed to find the
best possible solution.
6. Conclusion
Mr. Chairman, you have heard testimony from a wide range of witnesses. Not
everyone agrees on the specific actions that need to be taken to affect
management reform. But there is consensus on one point: something must be done.
We need to send a message that reform is possible. That we can continuously
improve how we serve the public. Legislation provides the power to change in a
way that no other reforms can do.
I am satisfied that C-25 represents a balanced, legally sound approach to
management reform. It is a solid and well thought-out piece of legislation and
it is long overdue. I should remind you that the Bill provides for an automatic
review in five-years. This will allow for a re-examination of the legislation
and its application, and for timely revisions as needed. It will guarantee that
we won't be waiting another 35 years to take action if it is needed.
C-25 will make a tangible difference. It is our strongest lever to produce
meaningful change in managing our human resources. And I believe it will succeed
in accomplishing what it sets out to do: creating a more effective public
service to serve Canadians. A Public Service that can live up to the best of its
traditions while moving confidently forward.
Thank you for your attention, and now I would welcome any questions that the
members of the committee may have.
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