President meeting with Mr. Orlando Da Silva Chief Administrator, Administrative Tribunals Support Service of Canada
Introduction
Deputy Head
Mr. Orlando Da Silva was appointed as the Chief Administrator, Administrative Tribunals Support Service of Canada (ATSSC) on October 27, 2019.
Mr. Da Silva is exercising the Public Service Commission’s (PSC) authority for the first time as Deputy Head (DH). A copy of the New Direction in Staffing (NDS) highlights for DHs is attached as Annex A.
Organizational Context
Mandate
The ATSSC is a small organization created in 2014. The organisation supports 11 tribunals with different mandates, each operating under different statutes, regulations and rules:
- Canada Cultural Property Export Review Board
- Canada Industrial Relations Board
- Canadian Agricultural Review Tribunal
- Canadian Human Rights Tribunal
- Canadian International Trade Tribunal
- Competition Tribunal
- Public Servants Disclosure Protection Tribunal
- Public Service Labour Relations and Employment Board
- Social Security Tribunal
- Specific Claims Tribunal Canada
- Transportation Appeal Tribunal of Canada
Central to the mandate of the ATSSC is to provide effective and efficient support services to tribunals while ensuring that they maintain their adjudicative independence. Given the diversity of operations and activities, and the depth of expertise of the tribunals, the ATSSC maintains and invests in developing its staff capacity and expertise so as to be positioned to respond to the varied and complex needs of the tribunals individually and overall.
The ATSSC services include the specialized services required by each tribunal (e.g. registry, research and analysis, legal and other case-specific work), as well as corporate services (e.g. human resources, financial services, information technology, accommodations, security and communications).
Opportunities
As indicated in their 2019-2020 Departmental Plan, the ATSSC will pursue innovation though the optimization of business processes and development of new practices, including a new or improved e-filing solutions, and the modernization of case management systems.
The ATSSC maintains and invests in developing its staff capacity and expertise so as to be positioned to respond to the varied and complex needs of the tribunals individually and overall. The development of staffing strategies will assist with the recruitment of new talent for key positions.
The ATSSC will focus on developing work environments where employees are well-supported. The ATSSC’s InterAction initiative plays an important role in this by providing, through new approaches to talent management and performance management, feedback opportunities for employees for professional growth.
Population and Staffing Activities
Population
The ATSSC is a small organization that has a total population of 480 employees, including casuals and students (as of March 31, 2019).
Staffing Activities
In 2018-2019, the ATSSC proceeded with a total of 359 staffing activities:
- 179 appointments to the public service (includes casuals and students)
- 91 promotions
- 28 acting appointments
- 61 lateral and downward movements
Please refer to Annex B for additional details on staffing activities.
Time to Staff
There is insufficient data to generate Internal or External Time to Staff statistics for the ATSSC.
Staffing Framework
New Direction in Staffing Implementation
The ATSSC updated their staffing framework in 2016 to align with NDS requirements and shared their staffing policy framework with the PSC. As for their sub-delegation instrument, the ATSSC has updated it in 2019 and they have also developed a monitoring framework.
Appointment Delegation and Accountability Instrument Annex D Reporting
Use of the Public Service Official Languages Exclusion Approval Order and the Public Service Official Languages Appointment Regulations
The ATSSC does not have any exclusions under the Public Service Official Languages Exclusion Approval Order for the period of April 1, 2018 to March 31, 2019.
Approved Deputy Head Exceptions to the National Area of Selection Requirements for External Advertised Appointment Process
The ATSSC reported that the deputy head did not approve any exceptionto the National Area of Selection.
Results of Organizational Cyclical Assessment
The ATSSC has not yet reported on cyclical assessment for the period of April 1, 2016 to March 31, 2021. The ATSSC is not part of the PSC Pilot to conduct cyclical assessment on behalf of smaller organizations. The organization plans to conduct their cyclical assessment in 2020 and to submit their results to the PSC on May 1, 2021 as required.
Inquiries and Trends
During the period of April 1, 2017 to October 1, 2019, the Staffing Support Advisor (SSA) received a total of 73 enquiries from the ATSSC related to a variety of topics, such as assessments, the Public Service Employment Act, the PSC websites and systems and other enquiries outside the PSC mandate. The ATSSC has an above average amount of enquiries for general staffing situations for a small organization.
Oversight
Audits
The ATSSC has not been subject to a staffing assessment or a PSC Audit since its creation in 2014.
The ATSSC was included in the completed pilot System-Wide Staffing Audit, for which the final report was published in December 2018. The organization is also one of 30 organizations selected for the Audit of Employment Equity Representation in Recruitment that is currently underway.
The ATSSC is not part of the Horizontal Audit of Student Hiring under the Federal Student Work Experience Program (FSWEP).
Investigations
During the period of August 9, 2016 to August 9, 2019, four cases for investigation were received. One case was not accepted for investigation and closed and the other 3 cases were completed and founded. There are currently no ongoing cases.
| Nature of Issue | Cases Received | Cases Referred by Organization | Closed – Not Accepted | Completed Unfounded | Completed Founded | Ongoing |
|---|---|---|---|---|---|---|
| s.66 External Appointments (Merit, Error, Omission, Improper Conduct) | 4 | 0 | 1 | 0 | 3 | 0 |
| s.67.2 Internal Appointment – Deputy Head Request | 0 | 0 | 0 | 0 | 0 | 0 |
| s.68 Political Influence | 0 | 0 | 0 | 0 | 0 | 0 |
| s.69 Fraud | 0 | 0 | 0 | 0 | 0 | 0 |
| s.118 Improper Political Activities – Employees | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 4 | 0 | 1 | 0 | 3 | 0 |
Note: The numbers may not add up as discontinued cases, cases resolved via early intervention and rare cases (s.119, s.67.1) are not included in this table
Note: Each column is an independent calculation of the others. Cases received are cases received in the time period, cases completed are those completed in the period, not necessarily cases completed out of those received.
New Community of Practice for Investigators
The ATSSC is not part of the new Community of Practice for Investigators.
Staffing and Non-Partisanship Survey Results
The ATSSC’s final response rate for the Staffing and Non-Partisanship Survey (SNPS) was 51.7%.
Below are key findings from the ATSSC’s 2018 SNPS results:
- 80.8% of managers agreed that, overall, they were satisfied with the staffing services they received within their organizations, compared to 67.6% in similar size organizations and 59.4% across all organizations in the federal public service.
- 83.4% of managers indicated that they understand the NDS, compared to 73.4% in similar size organizations and 61.4% across all organizations in the federal public service.
- 59.5% of managers indicated that the NDS has improved the way they hire and appoint persons to and within their organization, compared 68.4% in similar size organizations and 56.1% across all organizations in the federal public service.
- 83.6% of managers indicated that they understand their organizations' policies with respect to staffing, compared 82.2% in similar size organizations and 73.1% across all organizations in the federal public service.
- 62.4% of employees agreed that the process used for selecting persons for positions in their work units is done fairly, compared to 59.1% in similar size organizations and 46.4% across all organizations in the federal public service.
Diversity Profile
The ATSSC is currently above workforce availability in the representation of women, persons with disabilities and members of visible minorities. Aboriginal peoples are at 3.1%, below the public service workforce at 3.4%.
The workforce availability estimates in the public service for 2019 have been updated in the Workforce Profile although they have not been officially released yet.
The organization should take action to close the gap with their underrepresented group to ensure ongoing representativeness of its workforce.
| Designated Group | Public Service Work Force Availability (WFA) |
Administrative Tribunals Support Service of Canada | Representation across the Public Service of Canada | New WFA 2019 |
|---|---|---|---|---|
| Women | 52.5% | 65.4% | 54.8% | 52.6% |
| Aboriginal Peoples | 3.4% | 3.1% | 5.1% | 4.0% |
| Persons with Disabilities | 4.4% | 6.6% | 5.3% | 9.0% |
| Members of Visible Minorities | 13.0% | 13.9% | 15.7% | 15.3% |
Source : Employment Equity in the Public Service of Canada 2017- 2018 Treasury Board of Canada Secretariat
Note: Organizational Employment Equity (EE) data for 2019 is not yet available
Priority Entitlements and Veterans
From April 1, 2018 to August 1, 2019, the ATSSC appointed one person with a priority entitlement.
From the coming into force of the Veterans Hiring Act on July 1, 2015 until June 30, 2019, the ATSSC has not made appointments of persons with a Canadian Armed Forces Priority Entitlement.
As of July 31, 2019, the ATSSC has one relocation of spouse person with a priority entitlement.
| Period | Attributable To Service (Statutory) | Not Attributable To Service (Regulatory) | Total |
|---|---|---|---|
| 2015 (July 1) - 2016 | 0 | 0 | 0 |
| 2016 - 2017 | 0 | 0 | 0 |
| 2017 - 2018 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 |
Source: PSC Priority Information Management System
Non-Partisanship in the Public Service
The ATSSC Designated Political Activities Representative (DPAR) is Sophie Michaud. The DPAR acts as a liaison with the PSC on matters related to political activities and non-partisanship.
Since April 1, 2006, the PSC has only received one request for permission from the ATSSC employees. A permission and a leave of absence without pay was granted to an employee to be a candidate in the 2019 federal election, but he was not elected.
The 2018 Staffing and Non-Partisanship Survey results indicate that ATSSC employees demonstrate a high level of awareness regarding their rights and responsibilities for engaging in political activities: 87.9%, compared to 80.1% for the public service as a whole.
Recruitment Programs
The ATSSC did not submit any request through any of the following PSC programs for 2019:
- Federal Internship Program for Canadians with Disabilities
- Employment Opportunity for Students with Disabilities
- Indigenous Students Employment Program
Staffing Support
Public Service Commission Representatives and Organizational Contacts
The SSA assigned to this organization is Daniel Morin.
The primary organizational contact is Sophie Michaud, Assistant Director, Recruitment, Workplace Management and Organizational Design.
The Head of Human Resources is Adam Beaudoin, Director.
PREPARED BY:
Daniel Morin,
Staffing Support Advisor
Annex A
A New direction in Staffing – A merit-based system that is effective, efficient and fair
Appointment Policy
New focus on core requirements to provide sub-delegated persons greater discretion in making an appointment
- One Appointment Policy, no duplication with legal requirements
- Broader focus on values-based system, away from rules-based system
- Appointments Policy supported by streamlined guidance:
- A roadmap to the requirements in legislation, regulations and policy
- Options and considerations for decision-making where there is discretion
- Clear expectations for priority entitlements
- No restrictions to assessment methods for EX appointments
- Exceptions to National Area of Selection approved by deputy head
Delegation
- New ability to customize organizational staffing system based on unique context and evolving business needs
- Deputy head establish a direction on the use of advertised and non-advertised appointment processes
- Deputy heads to establish requirement(s) for sub-delegated persons to articulate, in writing, their selection decision
- Clarity on requirements related to investigations
- Attestation form to reinforce the accountabilities of sub-delegated persons
All PSC monitoring and reporting requirements now found in the Appointment Delegation and Accountability Instrument
Monitoring and Reporting
Monitoring built by organizations, targeted to their needs
- Annual Departmental Staffing Accountability Report no longer required
- Annual reporting to the PSC limited to:
- Use of Public Service Official Language Exclusion Approval Order
- Exceptions to the National Area of Selection approved by the deputy head
- Results of any internal investigations
- Actions taken following any PSC investigations or audits.
- Deputy head responsible for ongoing monitoring of organizational staffing system based on the organization’s unique context
- Assessment of adherence to requirements, based on organization’s own risks, at the minimum every five years
PSC Oversight
System wide-focus
- Government-wide compliance audit every two years
- Renewed Survey of Staffing administered in alternating years with government-wide audit
- System-wide effectiveness and efficiency reviews to support continuous improvement
- Targeted PSC audits as a result of identified system-wide or organizational risks or at the deputy head request
- Investigations conducted when there is a reason to believe there was political influence, fraud or improper conduct in an appointment process
This document should be read in conjunction with the Public Service Employment Act, the Public Service Employment Regulations, the PSC Appointment Policy and the PSC Appointment Delegation and Accountability Instrument.
Annex B
Text Alternative
| Year | Indeterminate population | Term population | Casual population | Student population | Total population |
|---|---|---|---|---|---|
| As of March 31, 2015 | 275 | 11 | 23 | 3 | 312 |
| As of March 31, 2016 | 290 | 12 | 24 | 10 | 336 |
| As of March 31, 2017 | 394 | 36 | 30 | 12 | 472 |
| As of March 31, 2018 | 397 | 33 | 21 | 7 | 458 |
| As of March 31, 2019 | 420 | 18 | 31 | 11 | 480 |
Text Alternative
| Linguistic requirements of the position | Population as of March 31, 2019 | Percentage of population as of March 31, 2019 |
|---|---|---|
| Bilingual | 266 | 81% |
| Unilingual | 62 | 19% |
| Unknown | 152 | 0% |
Text Alternative
| Occupational group | Population as of March 31, 2019 | Percentage of population as of March 31, 2019 |
|---|---|---|
| AS – Administrative Services | 134 | 28% |
| PM – Programme Administration | 106 | 22% |
| CR – Clerical and Regulatory | 48 | 10% |
| LP – Law Practitioner | 44 | 9% |
| IS – Information Systems | 28 | 6% |
| Other | 120 | 25% |
Text Alternative
| Region | Population as of March 31, 2019 | Percentage of population as of March 31, 2019 |
|---|---|---|
| National Capital Region (NCR) | 457 | 96% |
| Non-NCR | 21 | 4% |
| Unknown | 2 | 0% |
Text Alternative
| Occupational group | Number of indeterminate hiring activities | Percentage of all indeterminate hiring activities |
|---|---|---|
| AS – Administrative Services | 12 | 29% |
| CR – Clerical and Regulatory | 10 | 24% |
| CS – Computer Systems | 6 | 15% |
| PM – Programme Administration | 4 | 10% |
| Other | 9 | 22% |
| Total | 41 | 100% |
Text Alternative
| Fiscal year | Percentage of staffing activities in the National Capital Region (NCR) | Percentage of staffing activities in all other regions (Non-NCR) |
|---|---|---|
| 2014 to 2015 | 89% | 11% |
| 2015 to 2016 | 97% | 3% |
| 2016 to 2017 | 99% | 1% |
| 2017 to 2018 | 98% | 2% |
| 2018 to 2019 | 97% | 3% |
- Regional distribution excludes unknowns
Text Alternative
| Fiscal year | Non-advertised processes (excludes unknowns) | Advertised processes | % of Non- advertised processes |
|---|---|---|---|
| 2014 to 2015 | 0 | 6 | 0% |
| 2015 to 2016 | 23 | 34 | 40% |
| 2016 to 2017 | 21 | 78 | 21% |
| 2017 to 2018 | 49 | 87 | 36% |
| 2018 to 2019 | 61 | 98 | 38% |
- Includes indeterminate and specified term appointments
- Excludes lateral and downward movements, deployments and acting appointments of less than 4 months
- Includes only appointments where the staffing process type is known (43% to 87% of appointments)
Text Alternative
| Fiscal year | Promotions | Lateral and downward movements | Appointments to the public service (includes casuals and students) | Acting appointments (excludes appointments of less than 4 months) | Total |
|---|---|---|---|---|---|
| 2014 to 2015 | 4 | 14 | 22 | 5 | 45 |
| 2015 to 2016 | 26 | 61 | 114 | 32 | 233 |
| 2016 to 2017 | 58 | 96 | 180 | 26 | 360 |
| 2017 to 2018 | 77 | 78 | 123 | 34 | 312 |
| 2018 to 2019 | 91 | 61 | 179 | 28 | 359 |
Text Alternative
| Fiscal year | Indeterminate staffing activities | Term staffing activities | Casual staffing activities | Student staffing activities | Total staffing activities |
|---|---|---|---|---|---|
| 2014 to 2015 | 26 | 2 | 15 | 2 | 45 |
| 2015 to 2016 | 131 | 23 | 54 | 25 | 233 |
| 2016 to 2017 | 195 | 58 | 90 | 17 | 360 |
| 2017 to 2018 | 200 | 48 | 48 | 16 | 312 |
| 2018 to 2019 | 218 | 25 | 86 | 30 | 359 |
Key findings - Staffing and non-partisanship survey (2018)
- 68.5% of employees agreed that people hired can do the job, compared to 67.6% in organizations of similar size, and 53.8% in the federal public service
- 59.5% of managers agreed that the New Direction in Staffing has improved the way they hire and appoint persons to and within their organization, compared to 69.4% in organizations of similar size, and 56.1% in the federal public service
- 81.6% of managers agreed that within their organization, the administrative process to staff a position is burdensome, compared to 84.0% in organizations of similar size, and 87.9% in the federal public service
Text Alternative
| Fiscal year | Federal Student Work Experience Program | Post-Secondary Co-op/Internship Program | Research Affiliate Program | Total |
|---|---|---|---|---|
| 2014 to 2015 | 0 | 2 | 0 | 2 |
| 2015 to 2016 | 13 | 12 | 0 | 25 |
| 2016 to 2017 | 13 | 4 | 0 | 17 |
| 2017 to 2018 | 13 | 3 | 0 | 16 |
| 2018 to 2019 | 28 | 2 | 0 | 30 |
Text Alternative
| Fiscal year | Post-Secondary Recruitment Program hires | Hiring of former students |
|---|---|---|
| 2014 to 2015 | 0 | 1 |
| 2015 to 2016 | 2 | 7 |
| 2016 to 2017 | 1 | 14 |
| 2017 to 2018 | 1 | 15 |
| 2018 to 2019 | 1 | 11 |
Hiring of former students includes indeterminate and term hires with experience in a federal student recruitment program within the last 10 years.
Text Alternative
| Number of calendar days | The number of internal appointments for which the TTS-IA was within the specified number of calendar days for organizations subject to the Public Service Employment Act | The number of internal appointments for which the TTS-IA was within the specified number of calendar days for the specified organization |
|---|---|---|
| 0 to 29 calendar days | 15 | 0 |
| 30 to 59 calendar days | 130 | 0 |
| 60 to 89 calendar days | 277 | 0 |
| 90 to 119 calendar days | 391 | 0 |
| 120 to 149 calendar days | 367 | 0 |
| 150 to 179 calendar days | 322 | 0 |
| 180 to 209 calendar days | 278 | 0 |
| 210 to 239 calendar days | 241 | 0 |
| 240 to 269 calendar days | 165 | 0 |
| 270 to 299 calendar days | 134 | 0 |
| 300 to 329 calendar days | 107 | 0 |
| 330 to 359 calendar days | 77 | 0 |
| 360 to 389 calendar days | 61 | 0 |
| 390 to 419 calendar days | 53 | 0 |
| 420 to 449 calendar days | 51 | 0 |
| 450 to 479 calendar days | 42 | 0 |
| 480 to 509 calendar days | 40 | 0 |
| 510 to 539 calendar days | 32 | 0 |
| 540 to 569 calendar days | 24 | 0 |
| 570 to 599 calendar days | 21 | 0 |
| 600 to 629 calendar days | 11 | 0 |
| 630 to 659 calendar days | 19 | 0 |
| 660 to 689 calendar days | 3 | 0 |
| 690 to 719 calendar days | 13 | 0 |
| 720 to 749 calendar days | 6 | 0 |
| 750 to 779 calendar days | 5 | 0 |
| 780 to 809 calendar days | 8 | 0 |
| 810 to 839 calendar days | 4 | 0 |
| 840 to 869 calendar days | 10 | 0 |
| 870 to 899 calendar days | 4 | 0 |
| 900 to 929 calendar days | 5 | 0 |
| 930 to 959 calendar days | 5 | 0 |
| 960 to 989 calendar days | 3 | 0 |
| More than 990 calendar days | 23 | 0 |
Internal time to staff
The data is insufficient for providing results on internal process times for the Administrative Tribunals Support Service of Canada
Internal time to staff is calculated as the number of calendar days between the opening date of the advertisement and the date of the first notification
Internal time to staff for fiscal year 2018 to 2019
The median internal time to staff for the public service (organizations subject to the Public Service Employment Act) for fiscal year 2018 to 2019 is 176 days
Text Alternative
| Number of calendar days | The number of external appointment processes for which the TTS-EA was within the specified number of calendar days for organizations subject to the Public Service Employment Act | The number of external appointment processes for which the TTS-EA was within the specified number of calendar days for the specified organization |
|---|---|---|
| 0 to 29 calendar days | 49 | 0 |
| 30 to 59 calendar days | 82 | 0 |
| 60 to 89 calendar days | 124 | 0 |
| 90 to 119 calendar days | 160 | 0 |
| 120 to 149 calendar days | 181 | 0 |
| 150 to 179 calendar days | 179 | 0 |
| 180 to 209 calendar days | 160 | 0 |
| 210 to 239 calendar days | 139 | 0 |
| 240 to 269 calendar days | 84 | 0 |
| 270 to 299 calendar days | 73 | 0 |
| 300 to 329 calendar days | 61 | 0 |
| 330 to 359 calendar days | 41 | 0 |
| 360 to 389 calendar days | 43 | 0 |
| 390 to 419 calendar days | 49 | 0 |
| 420 to 449 calendar days | 35 | 0 |
| 450 to 479 calendar days | 22 | 0 |
| 480 to 509 calendar days | 27 | 0 |
| 510 to 539 calendar days | 17 | 0 |
| 540 to 569 calendar days | 15 | 0 |
| 570 to 599 calendar days | 14 | 0 |
| 600 to 629 calendar days | 12 | 0 |
| 630 to 659 calendar days | 7 | 0 |
| 660 to 689 calendar days | 5 | 0 |
| 690 to 719 calendar days | 7 | 0 |
| 720 to 749 calendar days | 11 | 0 |
| 750 to 779 calendar days | 3 | 0 |
| 780 to 809 calendar days | 7 | 0 |
| 810 to 839 calendar days | 2 | 0 |
| 840 to 869 calendar days | 2 | 0 |
| 870 to 899 calendar days | 0 | 0 |
| 900 to 929 calendar days | 3 | 0 |
| 930 to 959 calendar days | 1 | 0 |
| 960 to 989 calendar days | 0 | 0 |
| More than 990 calendar days | 0 | 0 |
External time to staff
The data is insufficient for providing results on internal process times for the Administrative Tribunals Support Service of Canada
External time to staff is calculated as the number of calendar days between the opening date of the advertisement and the date of the first notification
External time to staff for fiscal year 2018 to 2019
The median internal time to staff for the public service (organizations subject to the Public Service Employment Act) for fiscal year 2018 to 2019 is 186 days
Technical notes:
- The Time to Staff - Internal Appointments (TTS-IA) is the median number of calendar days between the opening date of an internal advertisement and the date of the first Notice of Appointment or Proposal of Appointment (NAPA) from the Public Service Resourcing System for internal term and indeterminate positions. As NAPAs are not required for all internal staffing actions, this measure is limited to reporting on internal promotional appointments.
- The Time to Staff - External Appointments (TTS-EA) is the median number of calendar days between the opening date of an external advertisement and the date of the first estimated appointment of an individual from outside an organization subject to the Public Service Employment Act for term and indeterminate positions. Because data between systems is linked using a probabilistic match, errors in data linkage are a potential source of measurement error.
Sources
- Only estimated term and indeterminate appointments/notifications are included (deployments, casual and acting appointments are excluded).
- The Time to Staff - Internal Appointments (TTS-IA) is the median number of calendar days between the opening date of an internal advertisement and the date of the first Notice of Appointment or Proposal of Appointment (NAPA) from the Public Service Resourcing System for internal term and indeterminate positions. As NAPAs are not required for all internal staffing actions, this measure is limited to reporting on internal promotional appointments
- Only estimated term and indeterminate appointments/notifications are included (deployments, casual and acting appointments are excluded)
- The Time to Staff - External Appointments (TTS-EA) is the median number of calendar days between the opening date of an external advertisement and the date of the first estimated appointment of an individual from outside an organization subject to the Public Service Employment Act for term and indeterminate positions. Only estimated term and indeterminate appointments/notifications are included (deployments, casual and acting appointments are excluded)
- Because data between systems is linked using a probabilistic match, errors in data linkage are a potential source of measurement error
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