Vol. 141, No. 14 — July 11, 2007

Registration
SOR/2007-163 June 26, 2007

PUBLIC SERVICE EMPLOYMENT ACT

Regulations Repealing the Regulations Prohibiting Deployments into the Executive Group

The Treasury Board, pursuant to paragraph 26(1)(a) of the Public Service Employment Act (see footnote a), hereby makes the annexed Regulations Repealing the Regulations Prohibiting Deployments into the Executive Group.

Ottawa, June 21, 2007

VIC TOEWS
President of the Treasury Board

REGULATIONS REPEALING THE REGULATIONS PROHIBITING DEPLOYMENTS INTO THE EXECUTIVE GROUP

REPEAL

1. The Regulations Prohibiting Deployments into the Executive Group (see footnote 1) are repealed.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

A new Public Service Employment Act (PSEA) came into force on December 31, 2005.

Subsection 31(1) of the PSEA gives authority to the Treasury Board to establish qualification standards for each occupational group, in departments as defined in Schedule I and in other portions of the federal public administration named in Schedule IV of the Financial Administration Act (FAA). The standards relate to education, knowledge, experience, occupational certification, language or other qualifications, that the employer considers necessary or desirable, having regard to the nature of the work to be performed and the present and future needs of the public service. The Treasury Board's Occupational Group Qualification Standards came into force on December 31, 2005.

Deputy heads must adhere to the minimum requirements set out in the standards for all intra and inter-group deployments, and employees must meet or exceed these minimum requirements. In this way, the Treasury Board ensures standards of competence for deployments and a rigorous assessment of competencies.

Subsection 51(3) of the PSEA permits deployments within an occupational group or, unless excluded by regulations under subsection 26(1)(a), between occupational groups. Subsection 26(1)(a) gives authority to the Treasury Board to make regulations for deployments in the above-mentioned organizations. Interim Treasury Board Regulations Prohibiting Deployments into the Executive Group (RPDEG) came into force on December 31, 2005, because it was unclear whether there would be an Executive (EX) Group Qualification Standard and assessment tools in place on this date. However, stakeholders agreed that deployments into the EX Group would enhance mobility in the public service, a key objective of public service renewal, but that until a qualification standard was in place for the EX Group, RPDEG were needed.

The Public Service Human Resources Management Agency of Canada (PSHRMAC), in partnership with the Public Service Commission of Canada (PSC), worked extensively to revise the Key Leadership Competencies profile, which would form the basis of an Executive (EX) Group Qualification Standard. This standard was finalized on time and is part of the Occupational Group Qualification Standards. The standard reflects current and future leadership priorities of the executive cadre, and is based on behaviors that reflect the skills, abilities and characteristics of effective performance at this level.

Since the coming into force of the PSEA, PSHRMAC and the PSC have also developed assessment tools for the Executive (EX) Group Qualification Standard and these have been approved for use by deputy heads for inter-group deployments. Given that there is a standard and assessment tools for the EX Group to ensure consistency, transparency and fairness, the RPDEG have outlived their interim usefulness, and can be repealed. Movement into the EX Group can now be achieved either through appointments or deployments.

Alternatives

The alternative option would be to leave the RPDEG in place. However, keeping the RPDEG and continuing to prohibit deployments into the EX Group would restrict movement into the group to appointments only. This would impede the objective of public service renewal to encourage mobility through a variety of means in a newly delegated environment. Given that there is an Executive (EX) Group Qualification Standard and assessment tools for the EX Group to ensure consistency, transparency and fairness, interim RPDEG can be repealed. PSHRMAC will provide any direction required by means of policy or guidelines.

Benefits and costs

No major impact is expected on employees in organizations in Schedules I or IV. Nor are there any increased costs associated with repealing the RPDEG.

Consultation

Extensive consultations were held in 2004 and 2005 regarding the RPDEG. PSHRMAC partnered with the PSC and the Canada School of Public Service to seek verbal and written input through three Staffing Module conferences, conducted in June, September and November 2004. Participants included operational managers, human resources managers and certified bargaining agents of organizations in the core public administration, and in many separate agencies. PSHRMAC also consulted through presentations to separate agencies, the National Staffing Council, and the PSC Advisory Council that represents key departments, functional communities and certified bargaining agents. All participants were asked to provide PSHRMAC with input from their organizations through formal and informal means. All consultative documents were made available on the PSC website, for distribution throughout the core public administration and to all Canadians.

The overwhelming conclusion from stakeholders was that they wanted to have the option of deploying qualified employees into the EX Group. They were, however, in agreement that this could not be done until a qualification standard and assessment tools were in place for the EX Group. Stakeholders also agreed, that if such a standard was in place, this would enhance mobility at a minimum risk, and the RPDEG would no longer be needed. As well, repealing the RPDEG would not negatively alter, nor impact, the terms and conditions of employment for employees. Deputy heads fully supported this approach during consultations.

The repealing of the RPDEG is in keeping with those consultations.

Contact

Diana Hollands
Senior Project Manager
Employment Policy
Human Resources Management Modernization
Public Service Human Resources Management Agency of Canada
300 Laurier Avenue West
Ottawa, Ontario
K1A 0R3
Telephone: 613-952-0292
Email: Hollands.Diana@hrma-agrh.gc.ca

Footnote a

S.C. 2003, c. 22, ss. 12 and 13

Footnote 1

SOR/2005-377

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