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Human Resources Management Modernization
About The Public Service Modernization Act
Human Resource Management Modernization (Backgrounder)
The PSMA and You - A Guide For Human Resources Advisors
What Stops, What Starts - PSEA Employer Policies
PSHRMAC Governance Landscape
PSMA Newsletter - April 1st, 2005
Public Service Employment Act and the Employer
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Printable Version

Public Service Employment Act and the Employer



Get Ready Sessions

May-June, 2005

Purpose

To brief staffing officers about the employer’s approach to its new responsibilities under a new PSEA re:

  • Deployments (PSEA 26(1)(a))
  • Promotion (PSEA 26(1)(b))
  • Periods of Probation and Notice Periods (PSEA 26(1)(c))
  • Rate of Pay on Appointment (PSEA 60)
  • Qualification Standards (PSEA 31(1))

Public Service Human Resources Management Governance Landscape

Public Service Human Resources Management Governance Landscape

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Resourcing Framework

Resourcing Framework

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Background

New PSEA Employer authorities:

  • In recognition of the Employer’s broader human resources management (HRM) responsibilities
  • To complement current authorities for other HRM responsibilities
  • Are consistent with the general accountability of the Government for more effective, results-oriented performance 

Guiding Principles for Consultations

Employer direction and any proposed changes must:

  • Respect new PSEAprovisions
  • Enhance service-wide transparency, consistency, fairness and mobility, at minimum risk
  • Not negatively impact on, nor alter, the provisions of collective agreements nor terms and conditions of employment
  • Be clear and simple to understand and operate

Wide Array of Consultations

  • PSHRMAC-Interdepartmental Working Group
  • PSC Advisory Committee Working Group on PSEA Modernization
  • Human Resources Council
  • National Joint Council
  • National Staffing Council
  • Staffing Modules I (June), II (September) & III (November) in partnership with PSC and Canada School of the Public Service
  • Separate Agencies
  • Heads of HR

 


Deployments – Update

  • Grievance process now replaces staffing recourse
  • Adjudication by PSLR Tribunal only when employee deployed without his/her consent
  • Need to still retain the Deployment Policy? 
    • No change to deputy head authority to deploy to and within their organizations “in the manner directed by TB”  
    • TB Policy on Deployment issued in early 1990’s  directed deputies on how authority would work
    • Deployment managed well
    • No risk issues have surfaced to date
    • Current policy is redundant

Deployments – Direction

Rescind current TB Non-EX Deployment Policy

Retain current TB Deployment Policy for EX’s (addresses exceptions)

Provide PSHRMAC guidelines on deployment and a template for department-specific policies

Include new direction in CSPS modules


Inter-Group Deployments - Update

  • Current PSER: permits inter-group deployments, except to CA, MM and EX Groups
    • Successful candidates for  CA/MM Programs are appointed to positions in CA/MM groups
    • Successful candidates to EX Group are appointed  because no EX selection (qualification) standards and need to manage entry
  • New PSEA:  permits inter-group deployments unless excluded by TB regulations.
  • Need to reflect new HRM world:
    • flexibility of selection processes
    • focus on  qualification standards
    • devolution of EX-01 to –05 staffing to deputies.


Inter-Group Deployments - Direction

  • Rescind Section 6 of the PSER.
  • No need for new TB regulations if:
    • EX Qualification Standards in place
    • Definition of promotion and qualification standards guide entry options
  • Amend Salary Administration Policy for EX’s
  • Provide guidance to departments (e.g. webpage; CSPS)

Separate Agency Deployments - Update

  • New PSEA  permits inter-group deployments to the core public administration from separate agencies if PSC  approves their staffing system
  • Inter-group deployments guided by definition of promotion and qualification standards
  • No issues raised to date
  • Future issues may concern different classification and compensation systems (e.g. broad bands)

Deployments from Separate Agencies - Direction

  • No policy required at this time
  • Use the current definition of promotion and qualification standards for deploying individuals from separate agencies to organizations under the PSEA
  • Provide guidance to departments and separate agencies
  • Continue to consult with separate agencies and monitor variances in systems


Definition of Promotion- Update

  • Two current definitions of promotion:
    • Section 2 of PSER (staffing)
    • Sections 22 to 26 of TB Terms and Conditions of Employment Policy (compensation)
  • To what extent can they be harmonized since will be in the same portfolio?
    • Different wording for “substantive”
    • “Assigned” versus “appointed”
    • Regional pay rates
    • Priority entitlements
    • Impact on deployment
  • To what extent can the definition be changed?
    • Extensive study by PSC in 2001: Inconclusive results
    • Harmonized rates of pay now due to occupational regrouping
    • Stakeholders interested in reviewing and streamlining formula
  • Multi-disciplinary working group established in May 2005:
    • Comprised of Human Resources Council, TB, PSHRMAC and PSC senior representatives
    • To review and recommend new approach to definition of promotion

Promotion - Direction

  • Revoke Section 2 of PSER
  • Enact Regulations in December 2005 that:
    • Maintain current terminology for definitions of “promotion” and “substantive” level
    • Maintain smallest increment pending review of impacts and costs of moving to 4%
    • Retain exception to the definition
    • Eliminate separate definition for priorities
  • Working group: options and recommendations that may result in revisions to new regulations 

Probation - Update

  • PSEAlimits probation to initial appointment from outside the PS
  • Schedule 2 of PSER currently in force
  • Overall stakeholder satisfaction with status quo
  • Questions from a small %:
    • Application to internal appointments?
    • Deputy head delegation?
    • 12 months-plus for Apprenticeship and Professional Training Programs?
    • Harmonize notice period for end of term employment?


Probation – Direction

  • Rescind Schedule 2 of PSER
  • Minor changes in new Employer regulations:
    • Status quo for periods of probation and notice
      • 12 months
      • Probation for the duration of apprenticeship or training programs
    • Streamlining text
  • Decision not to align term notice periods
  • Support to departments outside of regulation or policy (e.g. web page, CSPS)

Rate of Pay on Appointment - Update

  • New PSEA authority transferred to Employer from PSC
  • No policy issued by PSC: referral to definitions in Sections 22 – 26 of TB T&CEP
  • General support for status quo
  • Principle focus from some: alter the Policy on Pay Above the Minimum on Appointment from Outside the Public Service (PPAMAOPS)?
    • Revisit criteria
    • Apply provisions to federal public administrators

Rate of Pay on Appointment – Direction

  • No need to duplicate Sections 22 to 26 of T&CEP in another employer policy
  • Status quo for T&CEP provisions
  • Promotion working group to review options re the PPAMAOPS 
  • Support/guidance from Employer outside of policy/regulation


Qualification Standards - Update

  • Need to create minimum standards that deputy heads must respect when establishing essential or asset qualifications
  • Link to current and future needs and Integrated HR and business planning process
  • Desire to link with classification standards and competency profiles

Qualification Standards - Direction

  • Current group specific selection standards will become qualification standards on transition
  • Link to classification standards
  • Future revisions on an as-required basis

Next Steps

  • Justice Canada to draft probation and promotion regulations for TB approval by a date coincident with the coming into force of PSEA 2003
  • Working group to conclude study
  • Develop supporting tools
  • Integrate into CSPS training products
  • Implement communication strategy
  • Annual report to Parliament