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Treasury Board of Canada Secretariat - Government of Canada

RPP 2006-2007
Public Service Staffing Tribunal,




The Honourable Beverley J. Oda
Minister of Canadian Heritage and Status of Women
  1. Overview
    1. Chairperson's Message
    2. Management Representation Statement
    3. Summary Information
    4. Plans and Priorities
  2. Analysis of Program Activities by Strategic Outcome
    1. Management of hearing processes
    2. Mediation
    3. Corporate Services
  3. Supplementary Information
    1. Organizational Information
    2. Financial Tables
  4. Other Items of Interest
    1. Contact for Further Information and Web Site
    2. Legislation Governing the Work of the Public Service Staffing Tribunal

 


Overview

A. Chairperson's Message

I am pleased to present the 2006-2007 Report on Plans and Priorities for the Public Service Staffing Tribunal ("the Tribunal"). This report outlines the Tribunal's intended direction for the next three years based on its strategic plan for the same period.

The new Tribunal was established through the Public Service Modernization Act which enacted a new Public Service Labour Relations Act and a new Public Service Employment Act (the PSEA or the Act). The new PSEA came into force on December 31, 2005 and is designed to modernize staffing in the federal public service while preserving the core values of merit, excellence, non-partisanship, diversity and Canada's linguistic duality. The Act includes a new definition of merit and creates new arrangements for the resolution of complaints related to appointments and lay-offs, one of which is the Tribunal.

The mandate of the Tribunal is to consider and dispose of complaints related to internal appointments, lay-offs, the implementation of corrective measures ordered by the Tribunal and revocations of appointments. In considering whether a complaint against an appointment or lay-off is founded or not, the Tribunal may interpret and apply the Canadian Human Rights Act. The Tribunal may provide mediation services at any stage of a proceeding in order to resolve a complaint.

In fiscal year 2006-2007, the Tribunal will ensure that the following essential elements are in place in order to hear complaints and offer mediation services: a complaint registry and information management system; a procedural guide for use by the Tribunal's clients and their representatives; and external training programs tailored to the needs of the Tribunal clients. As well, the Tribunal will develop an internal human resources system, including plans, tools and policies and training programs adapted to the different needs of its employees and members. These elements will be closely monitored and adjusted as necessary to ensure that the Tribunal fulfils its mandate in a highly professional and efficient manner.

The Public Service Staffing Tribunal is committed to: maintaining its impartiality, transparency and independence; providing professional, respectful and timely service to its clients and stakeholders; assisting parties in resolving their disputes as informally and as expeditiously as possible through full and meaningful exchange of information, mediation pre-hearing and settlement conferences, as appropriate, and ensuring that its decisions are fair, consistent and well reasoned. The goal of this work is to ensure that Canada continues to benefit from a public service that strives for excellence, is based on merit and non-partisanship, is representative of Canada's diversity and is able to serve Canadians with integrity and in their official language of choice.

Guy Giguère

B. Management Representation Statement

I submit for tabling in Parliament, the 2006-2007 Report on Plans and Priorities (RPP) for the Public Service Staffing Tribunal.

This document has been prepared based on the reporting principles contained in Guide for the Preparation of Part III of the 2006-2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

Guy Giguère
Chairperson and Chief Executive Officer
March 20, 2006

C. Summary Information

Mandate

The new Public Service Staffing Tribunal has been established through the new Public Service Employment Act to deal with complaints related to internal appointments and lay-offs. The role of the Tribunal is to provide employees and employers with a fair, efficient and independent resolution of employee complaints. The Public Service Modernization Act, which substantially came into force in November 2003, enacts a new Public Service Employment Act (the "Act") designed to modernize staffing in the Canadian public service while preserving the core values of merit, excellence, non-partisanship, diversity and Canada's linguistic duality. The Act gives a new meaning to merit and creates new arrangements for recourse, one of which is the Public Service Staffing Tribunal. The Act came into force in December 2005.

The Tribunal will consider and dispose of complaints related to internal appointments, lay-offs, implementation of a corrective measure ordered by the Tribunal, and revocation of an appointment. A complaint related to an internal appointment may be submitted to the Tribunal on one of the following grounds: abuse of authority in the application of merit; abuse of authority in the choice of appointment process; and failure to assess a person in the official language of his or her choice. In the case of revocation, a complaint may be made on the grounds that the decision to revoke the appointment was unreasonable. The basis for a complaint against a lay-off or the implementation of a corrective action is abuse of authority. In considering whether a complaint based on an appointment or a lay-off is founded, the Tribunal may interpret and apply the Canadian Human Rights Act.

The Tribunal headed by Guy Giguère, Chairperson, is in place in order to receive complaints now that the new Act has come into force.

Mission

The mission of the Tribunal is to contribute to a competent, non-partisan and representative public service through impartial and timely disposition of disputes related to the internal staffing and lay-off processes in the government of Canada. This will include:

Benefits to Canadians

By providing transparent, impartial and sound decision-making and support to help parties resolve staffing disputes, the Tribunal will be accessible and responsive to stakeholders, and contribute to the effective management of human resources to the benefit of federal public service departments and agencies, managers, employees and Canadians at large.

The Tribunal benefits Canadians by promoting and supporting a competent, non-partisan and representative public service through impartial and timely disposition of disputes related to the internal staffing and lay-off processes in the government of Canada.

Resources and priorities

Financial Resources (in thousands of dollars)
2006-2007 2007-2008 1 2008-2009
1 Does not include the funding that will be requested by the Tribunal to pursue its mandate.
$5,244 - -

Human Resources
2006-2007 2007-2008 2008-2009
33 FTEs 33 FTEs 33 FTEs

In 2006-07, the Public Service Staffing Tribunal will address the priorities listed in the following table.

Departmental Priorities (in thousands of dollars)
Planned Spending
Type 2006-2007
Be ready to hear complaints New 654
Be ready to mediate New 825
Ensure tools are in place for HR management New 245
Establish registry and information management systems New 398
Establish internal and external communications New 256
Establish corporate and management practices New 431

D. Plans and Priorities

Working environment

Overall, there is an expectation that staffing will be improved with the coming into force of the new Public Service Modernization Act (PSMA). Expectations of stakeholders of the Tribunal include:

In meeting the above expectations of stakeholders, the Tribunal will need to address some key challenges:

At the same time, the environment in which administrative tribunals are operating is also changing:

Stakeholder Expectations

The Tribunal will need to meet the expectations of a wide range of stakeholders, including:

Plans and Priorities

Given that the Tribunal is still in the process of being established, its key priorities are to be ready to mediate and hear complaints. The other priorities of the Tribunal are associated with putting the supporting infrastructure in place, more specifically, the registry and information management systems, human resource management tools, internal and external communications, and corporate and management practices. These priorities, and the tasks to be carried out under each priority, are summarized in the chart below and discussed in further detail in the text that follows.

Priorities of the Tribunal

Be ready to hear complaints

Having the people and processes in place to hear complaints will be the key concern of the Tribunal during 2006-2007. Tasks will include:

Be ready to mediate

In carrying out its mandate, the Tribunal will strongly encourage parties to resolve their concerns through ADR processes, and will actively promote the use of ADR mechanisms. The Tribunal must carry out a number of tasks to establish this capacity to provide mediation services:

Establish registry and information management systems

A key concern of the Tribunal will be to provide employees and members with the tools and support they need to do their work. This will involve:

Ensure tools are in place for HR management

The Tribunal has begun to develop its overall vision and operating principles. The Tribunal wishes to ensure it has the right skill sets to foster staff and member training, create meaningful jobs, and look for people who are adaptable and multi-disciplinary. This will require a strong focus on human resources. Key tasks will include:

Establish internal and external communications

Externally, the Tribunal will use its web site to provide value added information to its clients (e.g., access to jurisprudence); use Tribunal mediation services and training (e.g., as part of departmental training programs) to foster better relationships with departments and bargaining agents; and be visible through conferences, and participation in joint committees, while maintaining its independence. Internally, the Tribunal will foster communications through regular monthly staff meetings, joint member and staff meetings together to report on activities, the Intranet, and committees such as a Health and Safety Committee and Labour- Management Committee. Key tasks will include:

Establish corporate and management practices

The Tribunal will undertake a number of tasks to establish its corporate and management practices. These include:

 


Analysis of Program Activities by Strategic Outcome

The Tribunal has a single strategic outcome:

Contribute to a competent, non-partisan and representative public service through impartial and timely disposition of disputes related to the internal staffing and lay-off processes in the government of Canada.

The results to be achieved in support of this strategic outcome are:

The Tribunal has one activity–Processing of complaints relating to the appointment, revocation and lay-off provisions under the Public Service Employment Act; and three sub-activities– Management of hearing processes, Mediation, and Corporate Services.

Financial Resources (in thousands of dollars)
2006-2007 2007-2008 1 2008-2009
1 Does not include the funding that will be requested by the Tribunal to pursue its mandate.
$5,244 - -

Human Resources
2006-2007 2007-2008 2008-2009
33 FTEs 33 FTEs 33 FTEs

Preliminary performance indicators for each of these results are identified in the chart below. The performance measurement framework of the Tribunal also includes performance indicators related to a Productive Workforce and Sound Management. The results and performance indicators will need to further be developed and refined during 2006-2007 and future years.

Preliminary performance measurement framework of the Tribunal

We describe below in greater detail the expected results, the performance objectives that the Tribunal is striving to achieve based on the performance measurement framework, and how the plans and priorities of the Tribunal discussed earlier support these performance objectives.

A. Management of hearing processes

The management of hearing processes will include case management, registry services, issuing decisions, translation of decisions, dissemination of decisions and case summaries, and scheduling and managing logistics with members. Legal and policy support will also be provided, as well as orientation and training to members.

Result: Tribunal decisions are sound and well reasoned

This result is the ongoing primary concern of the Tribunal. Key performance objectives include:

Result: Complaints are processed in a timely manner

A key challenge for the Tribunal will be to minimize the length of time to render decisions. Key performance indicators include:

Result: Access to Tribunal services and information

This result applies to both the management of hearing processes as well as mediation. Key performance objectives include:

B. Mediation

The mediation at the Tribunal includes the mediation of complaints, mediation training, and other ADR processes.

Result: Timely results of ADR interventions

Key performance objectives include:

C. Corporate Services

Corporate Services includes responsibility for human resources management, finance, administrative services, material management, information technology/information management, library services, audit/evaluation, security, and includes any shared service arrangements.

Result: Adaptable workforce

Key performance objectives include:

Result: Sound management

The Tribunal will ensure that its management practices are aligned with the Management Accountability Framework (MAF), and carry out periodic assessments of its management practices against the MAF.

 


Supplementary Information

A. Organizational Information

The Tribunal is an independent quasi-judicial administrative tribunal that reports to Parliament through the Minister of Canadian Heritage. The Tribunal will include between five and seven permanent members, including the Chairperson and Vice-Chairperson, as well as an unfixed number of temporary members. Permanent members are appointed by the Governor in Council for a term not exceeding five years.

The Members of the Tribunal are supported by a permanent staff which has a present complement of 17 people. The principal work units are:

Organization Structure

B. Financial Tables

Table 1: Departmental Planned Spending and Full Time Equivalents
($ thousands) Forecast Spending 2005-2006 1 Planned Spending 2006-2007 Planned Spending 2007-2008 2 Planned Spending 2008-2009
1 Reflects the best forecast of total net planned spending to the end of the fiscal year.
2 Does not include the funding that will be requested by the Tribunal to pursue its mandate.
Processing of complaints relating to the appointment, revocation and lay-off provisions under the Public Service Employment Act 4,113 5,244 - -
Total Main Estimates 4,113 5,244
Adjustments:
Adjustment entry to reconcile to best estimate of cash expenditures (2,000)
Total Adjustments (2,000)
Total Planned Spending 2,113 5,244 - -
Plus: Cost of services received without charge 176 447
Net cost of Program 2,289 5,691 - -
Full Time Equivalents 10 33 33 33

Table 2: Voted and Statutory Items listed in Main Estimates
($ thousands) 2006-2007
Vote or Statutory Item Public Service Staffing Tribunal Current Main Estimates Previous Main Estimates
105 Program expenditures 4,710 3,776
(S) Contributions to employee benefit plans 534 337
Total Voted and Statutory Items 5,244 4,113

Table 3: Services Received Without Charge
($ thousands) 2006-2007
Accommodation provided by Public Works and Government Services Canada 236
Contributions covering employers' share of employees' insurance premiums and expenditures paid by Treasury Board of Canada Secretariat 211
2006-2007 Services received without charge 447

 


Other Items of Interest

Statute and Regulations

Public Service Employment Act S.C. 2003, c. 22, ss. 12 and 13 Public Service Staffing Tribunal Regulations SOR/2006-6

Contact Information

Public Service Staffing Tribunal 240 Sparks Street 6th Floor West Ottawa, Ontario K1A 0A5

Telephone: (613) 949-6516 or 1-866-637-4491
Facsimile: (613) 949-6551
E-mail: Info@psst-tdfp.gc.ca
Web site: www.psst-tdfp.gc.ca

Publications and Other Relevant Documents

Public Service Staffing Tribunal Procedural Guide, 2006

Statutory Responsibilities

The Public Service Employment Act requires or permits the Tribunal to undertake the following activities:

  1. consider and dispose of complaints presented to the Tribunal [subs. 88(2)];
  2. in the case of a founded complaint involving a lay-off of an employee, set aside the decision of a deputy head to lay off the employee and order the deputy head to take any corrective action that it considers appropriate, other than the lay-off of another employee [subs. 65(4)];
  3. in considering whether a complaint against a lay-off is substantiated, interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value [subs. 65(7)];
  4. in the case of a founded complaint involving a revocation of an appointment, order the Public Service Commission or the deputy head to set aside the revocation [s. 76];
  5. in the case of a founded complaint involving an internal appointment, order the Public Service Commission or the deputy head to revoke the appointment or not to make the appointment and to take any corrective action that it considers appropriate [subs. 81(1)];
  6. in considering whether a complaint against an internal appointment is substantiated, interpret and apply the Canadian Human Rights Act, other than its provisions relating to equal pay for work of equal value [s. 80];
  7. in the case of a complaint involving a corrective action ordered by the Tribunal, order the Public Service Commission or the deputy head to revoke the appointment made as a result of the implementation of the corrective action, or not to make the appointment, and give the Commission or the deputy head any directions that it considers appropriate with respect to the implementation of the corrective action [s. 84];
  8. provide mediation services at any stage of a proceeding in order to resolve a complaint [subs. 97(1)];
  9. summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner and to the same extent as a superior court of record [par. 99(1)(a)];
  10. order that a hearing be conducted using any means of telecommunication that permits all persons participating to communicate adequately with each other [par. 99(1)(b)];
  11. administer oaths and solemn affirmations [par. 99(1)(c)];
  12. accept any evidence, whether admissible in a court of law or not [par. 99(1)(d)];
  13. compel, at any stage of a proceeding, any person to produce any documents and things that may be relevant [par. 99(1)(e)];
  14. subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of an employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliances or articles in the premises and require any person in the premises to answer all proper questions relating to a complaint [par. 99(1)(f)];
  15. summarily dismiss any complaint that, in its opinion, is frivolous or vexatious [subs. 99(2)];
  16. decide a complaint without holding an oral hearing [subs. 99(3)];
  17. render a decision on a complaint and provide a copy of it, including any written reasons, and any accompanying order to the Public Service Commission and to each person who exercised the right to be heard on the complaint [s.101];
  18. make regulations respecting complaint time limits and procedures, procedures for the hearing of complaints, time limits and procedures for notices and other documents, notice of an issue to the Canadian Human Rights Commission and the disclosure of information [s.109];
  19. prepare and submit an annual report to Parliament through the Minister of Canadian Heritage regarding activities during the fiscal year [subs. 110 (1)].
  20. use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the operation of the Tribunal [subs. 93(2)].

 

Date Modified: 2006-09-26
Government of Canada