Section II - Detailed Performance by Strategic Outcome and Program Activity

Strategic Outcome

A highly competent, non-partisan and representative public service, able to provide service in both official languages, in which appointments are based on the values of fairness, equity and transparency.

The PSC contributes to the achievement of this strategic outcome by helping to ensure staffing that respects merit is carried out across the public service. This is achieved when staffing activities adhere to the values and principles of competency, non-partisanship, representativeness, equity of access, fairness, transparency, flexibility and efficiency.

The following two performance indicators were identified to monitor the achievement of the PSC’s strategic outcome. The differentiation between sizes of organizations provides for better comparability of performance information.

The PSC identified two program activities to contribute to the achievement of the strategic outcome.

The first activity, Appointment Integrity and Political Neutrality , is aimed at ensuring that the appropriate policies, procedures, incentives and controls are in place to protect the integrity of the public service staffing system, including protecting the impartiality of the public service with respect to the political activities of employees.

The second activity, Recruitment and Assessment Services , provides both mandatory and optional recruitment and resourcing services to departmental clients, in accordance with the policy framework developed by the PSC. This activity ensures that services and products are consistent with staffing policies and that clients are satisfied.

Note 1. The figures are not available at the Program Activity levels.

Financial Performance Highlights

The variance between Total Authorities and Actual Spending is explained by the following factors:

• The PSC continued to implement spending controls on non-salary expenditures during the year;
• Because of the change in the PSC’s mandate, and the associated internal reorganizations, lapses accrued as we implemented these changes; and
• Funding for the Federal Public Service Modernization Project was reprofiled to 2005-2006 due to delays in project development. The PSC expects to fully use its budget in future years by enhancing its oversight activities (audit and investigations), building additional capacity in priority administration and making any necessary investments in a redefined Services Branch.

Program Activity 1 - Appointment Integrity and Political Neutrality

Program Activity Description

The Appointment Integrity and Political Neutrality activity develops, maintains and monitors the implementation of a policy and regulatory framework for safeguarding the integrity of public service staffing and ensuring political neutrality. This activity includes establishing selection policies and standards, delegation and oversight of appointment authorities to departments, and administering non-delegated authorities such as executive appointments and priority administration. This activity also includes conducting audits, investigations and inquiries, as well as administering the appeal process and reporting to Parliament on the integrity of public service staffing.

Program Activity 1 - Appointment Integrity and Political Neutrality - supports priority 1: The PSC’s responsibilities under the new PSEA for setting appointment policy and safeguarding the integrity of the appointment process are fully implemented .

In order to ensure that this program activity is on track, the following expected results and performance indicators were established. Performance information against these indicators is provided below, as well as PSC achievements under its key programs and services and related 2004-2005 RPP commitments.

Policy, Regulation, Guidelines, Exclusion Approval Orders and Orders in Council

RPP Commitment : Develop a flexible enabling policy framework to assist managers in making appointment decisions.

Status towards fulfilling commitment
In 2004-2005, the PSC developed an Appointment Framework that includes three components: appointment policy; delegation; and accountability. This Framework will guide deputy heads in building their own staffing systems adapted to their needs and ensure that those systems respect legislative requirements and the core values.

In developing the Appointment Framework, the PSC, in collaboration with Public Service Human Resources Management Agency of Canada (PSHRMAC) and Canada School of Public Service (CSPS), consulted with departments and agencies, bargaining agents and other stakeholders, and held learning sessions to engage the human resources community and determine departmental needs. In addition, the PSC, in partnership with APEX, undertook a cross-country tour to gain the input and insights of executives, middle managers, human resources specialists and unions. Upon its approval in March 2005, the PSC launched the Appointment Framework on its Web site and distributed it broadly to deputy heads, federal councils and bargaining agents.

A significant and complex knowledge transfer must occur within a very limited time frame for the transition to the new PSEA to be a success. The PSC worked, and will continue to work with PSHRMAC and CSPS, to build staffing expertise throughout the public service. We worked closely with the CSPS on the development of a curriculum. At the same time, we began development of various guides and tools to support departments. In collaboration with PSHRMAC, we began to design and develop “Get Ready” information sessions for operational staffing specialists. On an ongoing basis, PSC staffing consultants offered support and advice to departments, communities and networks engaged in implementing the new PSEA (e.g., Human Resources Council, National Staffing Council). This transition support activity will continue in 2005-2006 and beyond, as departments continue to elaborate and further refine their organizational staffing systems.

We launched the PSC’s new Framework for Employment Equity Programs, which bridges employment equity provisions of the current PSEA to the new PSMA and serves as a model for departments in developing their own employment equity programs. The Framework will provide a consistent policy and management approach to establishing and using employment equity programs, which will ultimately facilitate progress in closing representation gaps in the public service workforce.

We put in place a new, on-line newsletter entitled INFO-PSC, published on a quarterly basis to keep managers and human resources professionals informed of the PSC’s work both in providing recruitment and assessment services to departments and in safeguarding the integrity of the appointment process and political neutrality in the federal public service.

We are working closely with PSHRMAC with respect to its new policy responsibilities for the setting of qualification standards and the definition of promotion – responsibilities that were previously with the PSC.

RPP Commitment : Implement a new political activities regime which balances the political rights of public servants with the need to preserve the political impartiality of the public service.

Status towards fulfilling commitment
Over the past year, we have developed guidance, tools and processes to be released in December 2005 as part of the new approach to the political activities of public servants. This new approach was developed in consultation with union, departmental and central agency representatives, among others, and also discussed during a symposium held with key stakeholders and outside experts on October 13, 2004.

A number of information sessions will take place early in 2005-2006 to assist departments in implementing the new rules and regulations concerning political activities. The PSC is working closely with the CSPS to ensure integration of the new political activity regime in their curriculum.

Staffing Delegation and Accountability Agreements, Policy Interpretations and Accountability Assessments

RPP Commitment : Further delegate staffing authorities to deputy heads and encourage them to sub-delegate to as low a level as possible in their organizations.

Status towards fulfilling commitment
As a component of the new Appointment Framework, the PSC will delegate appointment authorities to departments, with the expectation that they will sub-delegate to the lowest level possible.

During the reporting period, the PSC developed and approved the Appointment Delegation Accountability Instrument (ADAI) that identifies the appointment and appointment-related authorities being delegated, the authorities deputy heads may sub-delegate, the conditions of the delegation, and accountabilities. The ADAIs will signal remedial measures to be taken should there have been contraventions or abuses of delegated or sub-delegated authorities. They will be signed and implemented with all deputy heads, prior to the coming into force of the new Act if the departments and agencies are ready.

To ensure that processes established support the PSC’s accountability requirements and expectations, the PSC has developed the following tools and guides:

• Staffing Management Accountability Framework - identifies five key dimensions and expectations (governance, planning, policy, communication and control);
• A Working Guide to Monitoring and Assessing Staffing Risks;
• Best Practice Presentation on Active Monitoring Initiative at Fisheries and Oceans Canada; and
• Statistical Information Site (statistical analyses of federal Public Service hiring and staffing activities).

Our assessment of the information we received from the 72 departments and agencies reporting through the Departmental Staffing Accountability Reports (DSAR) provided a number of findings related to the current staffing regime and associated areas of risk. These findings are presented in our 2004-2005 Annual Report. We assessed the readiness of departments to take on increased authorities and their overall ongoing performance.

Non-Delegated Authorities (Executives appointed and priority candidates placed)

RPP Commitment : Manage essential oversight and non-delegated appointment responsibilities according to the current PSEA through the transition to the new PSEA.

Status towards fulfilling commitment
The PSC has continued to administer priority entitlements, vetting 958 registrations of priority persons into the priority system in 2004-2005. The number of appointments of priority persons has increased significantly over the past two fiscal years, rising from 540 in 2002-2003 to 697 in 2004-2005. Although overall appointment numbers are rising, average time to placement remains relatively stable, averaging 330 calendar days over the past three fiscal years. To ensure that departments deal with priority persons in a fair and transparent manner, and in keeping with its increased oversight role, the PSC will augment its monitoring activities of the overall health of the priority system, as well as individual departmental and agency performance.

We developed a new automated Priority Information Management System (PIMS), including an automated report function designed to help departments monitor their adherence to priority entitlements. Implementation of this new system started in Summer 2005.

In 2004-2005, the PSC received 591 requests to initiate executive (EX) selection processes. Generic EX competitions for functional communities continued to increase, resulting in a more consistent assessment and selection process. The percentage of EX-1 to EX-3 positions staffed through competitive processes increased from 62% in 2003-2004 to 73% in 2004-2005.

Representation of visible minorities in the executive group remains below labour market availability. Concerted efforts are being made to improve representation, including the initiation of a competition process open only to members of visible minority groups across Canada.

An internal study on the use of open competition processes for EX-1 to EX-3 positions found that the “experience” and “knowledge” factors were too specific to the position or to the federal government, and as a result, most external candidates were eliminated. The PSC is addressing this issue to assure equity of access to executive positions.

Audits and Studies

RPP Commitment : Strengthen approach to oversight, using audit more intensively and effectively in order to enhance accountability of both deputy heads to the Commission, and of the Commission to Parliament.

Status towards fulfilling commitment
We established the Audit Branch in April 2004 to strengthen our oversight role. Since then, we have increased the number of auditors from five to twenty-three.

We developed an audit plan encompassing nine audits selected through a risk assessment process. The plan is posted on the PSC’s Web site. We launched eight of the nine audits during 2004-2005; two were completed as of March 31, 2005, and six are under way. Three will be published in October 2005, with the final three in 2006. One audit planned for the Department of Foreign Affairs and International Trade was deferred, given the proposal to divide the Department into two separate departments.

The two completed audits include the Military Police Complaints Commission (MPCC) and the follow-up audit of the Office of the Privacy Commissioner (OPC).

MPCC : http://www.psc-cfp.gc.ca/audit-verif/reports/2004/mpcc/index_e.htm
OPC : http://www.psc-cfp.gc.ca/audit-verif/reports/2003/opc/index_e.htm

Both audits demonstrated weaknesses in the organizations’ staffing programs. Consequently, the PSC is continuing to restrict the staffing authority until the required management and human resources capacity is in place.

We developed the PSC audit policies which must be met in the conduct of audits. As well, we developed the PSC Audit Manual to set out the details governing the conduct of all audit work, including audit selection, planning, examination, reporting and follow-up. In addition, we developed the PSC Audit Code of Professional Conduct that addresses key ethical issues for auditors, such as independence, objectivity and avoiding conflict of interest, and builds the foundation for credibility, integrity and professional discipline in the audit function. We also developed a learning strategy and training program for PSC auditors to help them build their audit competencies.

We developed a new PSC Statistical Information site which utilizes Web-based tools that provide departments with on-line access to staffing and related human resources data and information on an aggregate basis. This site provides clients with the ability to produce customized reports related to staffing and human resources planning issues for their own department and for the public service. The PSC provides ongoing departmental training support on the use of these new tools.

The Job-Based Appointments Information System (JAIS), developed over the last years, is now operational. This new data base enables the production of statistical information by the PSC on the positions occupied by public servants since 1990, for purposes of analysis and research. It permits the gathering of information on employment, appointments, departures and leave without pay. Because JAIS data is at the individual record level, the PSC developed Memoranda of Understanding with central agencies and departments that need to access this information in the context of their departmental human resources analytical studies, to govern the appropriate use of the data.

We undertook a variety of statistical studies. These studies were undertaken primarily to support the Commission’s oversight role as exercised through its audit, policy, delegation and accountability functions. These statistical studies are to be published on our Web site: http://www.psc-cfp.gc.ca/audit-verif/index_e.htm .

Investigations, Inquiries and Informal Resolution Processes

RPP Commitment : Assist departments in developing a modernized, effective, and values-based approach to resolve staffing complaints.

Status towards fulfilling commitments
The PSC conducts inquiries and investigations to ensure that staffing under the PSEA is carried out in accordance with the law and conducted on the basis of merit. It also offers alternative informal conflict resolution processes for the complaints that are received. The following tables provide statistics related to investigations.

Number of Complaints Received and Number of Cases Accepted (Click on image to enlarge)

Number of Cases Closed (Click on image to enlarge)

Source: Recourse Branch Electronic Data Tracking System

In 2004-2005, 300 cases were closed, of which 59 or 20% were founded. The 160 cases under “other”, were either discontinued or withdrawn cases.

The service standard for issuance of an investigation report is 20 calendar days after the completion of the fact-finding meeting or on-site investigation or the date the last document was received. A recent sampling study of cases processed indicated that the actual average for PSC reports was 27 calendar days. We intend to look into the reasons why we are not meeting the standard.

Our informal conflict resolution services, such as mediation in investigations and early intervention in appeals, continue to be a model for departments as they develop their internal staffing recourse mechanisms to meet the requirements of the new PSEA. The following table provides 2004-2005 information on early intervention (EI) results compared to 2003-2004.

Source: Recourse Branch Electronic Data Tracking System

In the EI meetings held in 2004-2005, 27 subject issues related to merit and selection process concerns were raised. These included, among others: improper assessment of qualifications; conduct of the selection board (bad faith, bias, unfair advantage); concerns about disclosure of information; failure to assess qualifications; and values issues of fairness and transparency.

Of the EI meetings scheduled, 142 (65%) were scheduled within the service standard of 21 calendar days. As this is a voluntary process, both parties must agree to an early intervention, which is entirely subject to their availability.

Appeals Decisions

RPP Commitment : Manage and provide essential appeals services throughout the transition to a new PSC organizational structure.

Status towards fulfilling commitment
The PSC hears appeals concerning alleged violations of the current PSEA and its Regulations. The appeals process will remain in place even after the coming into effect of the new PSEA, until all selection processes initiated under the current Act are completed. The table below provides 2004-2005 statistical information on appeals compared to 2003-2004

Information on Appeals (Click on image to enlarge)

Source: Recourse Branch Electronic Data Tracking System

Appeals in 2004-2005 were allowed for situations in which the selection boards made an improper assessment of the qualifications; in other cases the conduct of the selection board was questioned (bad faith, bias or unfair advantage). Other situations were noted, such as failure to assess qualifications and the unreasonable conditions under which examinations were held. All these errors affected the merit principle. The table below provides the number of appeal decisions rendered and average disposal time.

Source: Recourse Branch Electronic Data Tracking System

Productivity in rendering appeal decisions increased by 5% in 2004-2005. In 2004-2005, there were 3,153 appellants, which was a significant increase in the number of appellants over the previous year (1,808 appellants).