Treasury Board President: Decisions and Actions during First 100 Days

Issue

Treasury Board Secretariat requires direction from the President on when to seek additional appropriations in the fall.

With the understanding that some organizations will need more supply before the end of December, the Expenditure Management Sector will work with the President’s office to confirm the content and timing of a fall Supplementary Estimates - or any alternate supply strategies - at the earliest opportunity.

Background and key developments

Through the business of supply, the government asks Parliament to appropriate, or authorize, the funds required to meet its financial obligations. These requests are in the form of supply bills (Appropriation Acts), supported by the Main and Supplementary Estimates.

[redacted] These measures would typically be included in a fall Supplementary Estimates (B), which the President would table in the House of Commons in October or November. The related supply bill would be introduced in early December, with parliamentary approval and royal assent by mid December.

In 2015 and 2019, Supplementary Estimates were tabled in early December and received royal assent on these timelines.

Senior central agency officials are working with the offices of the Prime Minister and the Minister of Finance to confirm the government’s immediate priorities and spending plans for the rest of the fiscal year, [redacted]

Upon establishment of a new Cabinet, departments will advise their ministers of previously approved, essential measures that cannot be delayed or cash-managed until supply for the final Supplementary Estimates (C) of the fiscal year, which could be as late as March 31, 2022.  

The Prime Minister, with the Leader of the Government in the House of Commons, must determine the appropriate time to table the first Supplementary Estimates of the new session, which must take place between the opening of the 44th Parliament on November 22 and the end of the supply period on December 10. 

Considerations

Based on current indications from departments, fall supply will be required for the government to meet existing financial obligations; the next opportunity to seek additional supply is in March 2022. A lack of supply would constrain departments’ ability to deliver programs and services and increase their risk of spending beyond what Parliament has authorized.

Deadlines for tabling documents and introducing supply bills in the House of Commons are established in the Standing Orders of the House of Commons and the Financial Administration Act.

The Standing Orders divide the fiscal year into three supply periods, ending on December 10, March 26 and June 23. During each supply period, the government can table Estimates and, towards the end of the period, introduce the related appropriation bills.

House of Commons votes on appropriation bills are confidence measures.

Next steps

Given the short time frame between forming the new Cabinet and the end of the supply period, Treasury Board Secretariat is working with departments and the other central agencies to determine which items require supply by the end of December, and which could be delayed until the end of March.

Since fall supply must be sought through an appropriation bill, the President can expect to table a Supplementary Estimates soon after the new Parliament opens, and in time to introduce the appropriation bill by the end of the supply period on December 10. The Annex to this note includes information on letters to be signed by the President to meet the requirements of tabling a fall Supplementary Estimates.

Considerations

[redacted] While this is routine parliamentary business, tabling these Supplementary Estimates soon after the 44th Parliament opens will mean that timelines will be tightly compressed.

Issue

Approval by the President of the Treasury Board of the Treasury Board Secretariat Departmental Sustainable Development Strategy Report for 2020-21 is required by late November 2021.

Background and key developments

The Departmental Sustainable Development Strategy reports provide parliamentarians and Canadians with updates on progress made against departments’ and agencies’ 2020-23 Departmental Sustainable Development Strategies.

The reports on progress in implementing organizations’ strategies supports the commitment in the Federal Sustainable Development Act to make sustainable development decision-making more transparent and accountable to Parliament. They also contribute to providing an integrated, whole‑of‑government view of activities supporting environmental sustainability.

The Treasury Board Secretariat’s 2020-21 report outlines the actions the department has taken to support transition to low-carbon, climate-resilient and green government operations (i.e., the Greening Government goal of the Federal Sustainable Development Strategy).

Considerations

As per the Federal Sustainable Development Act, the department must table a progress report within one year of tabling its 2020-23 strategy in Parliament. Since the Treasury Board Secretariat’s strategy was tabled in September 2020, this means its report needs to be tabled within the first 15 sitting days after Parliament returns (i.e., by December 10, 2021, given the recent announcement that Parliament would resume on November 22, 2021).

Next steps

The President’s approval of the report is required by late November 2021.

Issue

In July 2020, the Honourable David McGuinty, Chair of the National Security and Intelligence Committee of Parliamentarians, wrote to the then Minister of Digital Government to advise that the committee would conduct a review of the Government of Canada’s framework for cyber defence and related activities to defend its systems and networks from cyber attacks.

The final report was shared with the Prime Minister and each of the implicated ministers on August 11, 2021. [redacted]

Background and key developments

This committee is not a parliamentary committee, but rather a committee of parliamentarians established under the National Security and Intelligence Committee of Parliamentarians Act.

The committee reviewed the:

• federal framework for cyber defence
• activities which constitute cyber defence
• authorities and governance structures under which they are conducted

The primary focus of the study was the Communications Security Establishment and implicated Shared Services Canada, the Office of the Chief Information Officer of Canada at the Treasury Board of Canada Secretariat, and Public Safety Canada.

The final report has been shared with implicated departments [redacted]

Considerations

The Policy on Government Security outlines the responsibilities for the Treasury Board Secretariat:

• establishing and overseeing a whole-of-government approach to security management
• providing policy leadership, advice and guidance for all matters related to government security
• providing strategic policy oversight and coordination for the management of security events that may affect the government as a whole

The committee requested documents in 15 different areas. The Treasury Board Secretariat was implicated in six of those areas, specifically as it relates to the Treasury Board Secretariat’s mandate:
[redacted]
The objective was to review the federal framework for cyber defence by:
[redacted]
The review excluded:
[redacted]
In accordance with the National Security and Intelligence Committee of Parliamentarians Act, the committee was entitled to see all documents requested, except those dealing with Cabinet confidences, witness protection or law enforcement investigations.

None of the documents that were proposed for release contained this kind of material. [redacted]

Next steps

[redacted]

Issue

The President of the Treasury Board will be requested to confirm the timing of tabling the 2020–21 Departmental Results Reports in Parliament.

Background and key developments

Departmental Results Reports present the results achieved by over 80 federal departments and agencies, for the most recently completed fiscal year. 

The President of the Treasury Board is responsible for securing a date for tabling these reports in Parliament, on behalf of the government. The reports are tabled concurrently in the House of Commons and the Senate. These reports are ordinarily tabled soon after the Public Accounts in the fall, and before the Departmental Plans for the coming fiscal year (tabled by convention before the start of the fiscal year). Following the election, a tabling date now needs to be set, on a timeline that allows new ministers to review and approve the reports for their portfolios.

Considerations

A tabling date in early December is feasible, given that Cabinet will be sworn in on October 26 and Parliament returns on November 22. This allows time for ministerial review and approval, and Treasury Board Secretariat’s processes for quality control and preparation of the reports for tabling. The reports can alternatively be tabled in early 2022, if there is more urgent business for Parliament to consider before the winter break.

Next steps

Treasury Board Secretariat is directing departments to submit their final, minister-approved reports by November 19.

A separate memo will be sent for the President’s approval that includes letters to the Clerks of the House of Commons and the Senate, to signal the President’s intention to table the reports.

Issue

Approval by the President of the Treasury Board of the Treasury Board Secretariat’s Departmental Results Report for the 2020 -21 fiscal year is required in November 2021 (timing to be confirmed once the tabling date for all Departmental Results Reports is determined).

Background and key developments

The Departmental Results Reports inform parliamentarians and Canadians of the results achieved and resources used by departments and agencies during the most recent fiscal year. They are part of the parliamentary Estimates process.

The Treasury Board Secretariat Departmental Results Report for the 2020 to 2021 fiscal year reports on progress against performance targets set in the Treasury Board Secretariat Departmental Plan for the 2020-21 fiscal year.

As President of Treasury Board, you are responsible for tabling all Departmental Results Reports in Parliament (see note entitled Timeline for tabling 2020-21 Departmental Results Reports at Tab 1.4). As the Minister responsible for the Treasury Board Secretariat, you would need to approve the Secretariat’s own Departmental Results Report. We anticipate your approval would be required in November.

A date during the week of December 6 is being considered for tabling all Departmental Results Reports. However, the reports may be tabled in early 2022 if there are unforeseen delays.

Considerations

Late approval of the Treasury Board Secretariat’s Departmental Results Report may not leave enough time to finalize the report’s production before the tabling date, which could delay the tabling of all Departmental Results Reports.

Next steps

The President’s approval will be required for the Treasury Board Secretariat Departmental Results Report in November 2021 (timing to be confirmed once the tabling date for all Departmental Results Reports is determined).

Issue

Approval of the Treasury Board Secretariat annual reports on the Access to Information Act and the Privacy Act for 2020-21.

Background and key developments

Under section 94 of the Access to Information Act and section 72 of the Privacy Act, the head of every government institution is required to prepare and table annual reports in the House of Commons and Senate on the administration of these Acts.

Under access to information and privacy legislation, the annual reports must be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after September 1 of the year in which the reports are prepared.

Considerations

Failure to publish the reports by the 15th sitting day would result in non-compliance with the legislation.

Next steps

Approval by the 15th sitting day will allow for tabling of the reports by the legislative due date.

Issue

The President’s approval is required for the Report to Parliament for the 2020 to 2021 Fiscal Year: Federal Regulatory Management Initiatives, which will be followed by the tabling of the report before the House of Commons and Senate rise in December 2021.

Background and key developments

The annual report to Parliament on federal regulatory management initiatives is the government’s principal public reporting tool on the regulatory system and is anticipated by key regulatory stakeholders.

This fifth annual report covers regulations finalized in fiscal year 2020-21 and reports on:

• the benefits and costs of significant cost-impact regulations
• the implementation of the one-for-one rule
• the Administrative Burden Baseline

For the first time, the draft report also provides an update on federal regulatory modernization initiatives underway.

The report’s section on the one-for-one rule satisfies the legal requirement in the Red Tape Reduction Act to report publicly on the rule by December 31. The Treasury Board Secretariat’s Policy on Limiting Regulatory Burden on Business further specifies that this report be tabled in the House of Commons and Senate by December 31.

Considerations

If the report is not tabled before the House and Senate rise per the Treasury Board Secretariat policy requirement, a separate report focusing on the one-for-one rule could be drafted and posted on the Treasury Board Secretariat website before December 31, 2021, in order to be compliant with the requirement in the Red Tape Reduction Act to report on the rule publicly. Alternatively, a modified version of the full report could be published online before December 31, 2021. 

Next steps

Regulatory Affairs Sector will continue to draft the report and work with the Strategic Communications and Ministerial Affairs Sector to finalize it, incorporate a message from the President and seek approval by the President in November 2021. Regulatory Affairs will work with Parliamentary Affairs to target tabling of the report in the House and Senate during the fall 2021 sitting.

Issue

In accordance with section 38.1 (4) of the Public Servants Disclosure Protection Act (the Act), the President of the Treasury Board is required to submit an annual report to Parliament on activities related to disclosure of wrongdoing that have been made in federal public sector organizations.
The 2020-21 report will be required to be tabled by the President of Treasury Board within 15 sitting days.

Background and key developments

The Act came into effect in 2007 and provides public servants and the public with a secure and confidential process for disclosing serious wrongdoing in the federal public sector and protection from acts of reprisal. Key objectives of the Act include promoting and sustaining an ethical workplace culture and maintaining and enhancing Canadians’ confidence in the integrity of the federal public sector.
Departments, agencies, and crown corporations across the federal public sector provide data on disclosure and awareness activities to the Office of the Chief Human Resources Officer annually, by May 30.
The Act (subsection 38.1(2)) requires the Chief Human Resources Officer to prepare and submit to the President the annual report on internal disclosure activities made within federal public sector organizations by September 30 of each year. Therefore, the Office of the Chief Human Resources Officer is responsible for collecting and analyzing the data submitted by departments, agencies and Crown corporations and preparing the report.
On June 16, 2021, the Public Sector Integrity Commissioner tabled his 2020-21 Annual Report which reflects the activities undertaken by the Commissioner. The Commissioner’s report does not include any activities by federal public sector organizations.

Issue

Legislation requires that the latest actuarial valuation for the public service pension plan and death benefit account be submitted by the Chief Actuary of Canada to the President of the Treasury Board no later than September 30, 2021. The reports were submitted to the President of Treasury Board on September 29, 2021.

The President of the Treasury Board is responsible for tabling the report in Parliament within 30 sitting days of receipt from the Chief Actuary, and subsequently making key financial decisions based on the results of the actuarial reports by early December for a timely implementation of member and government contribution rates by January 1, 2022.

Background and key developments

In accordance with the Public Pension Reporting Act, actuarial valuation reports^{Footnote 1} are prepared for each of the public sector pension plans and death benefit accounts (public service, Royal Canadian Mounted Police, and Canadian Armed Forces – Regular Forces) on a staggered, three-year cycle, with the reports for the public service pension plan and death benefit account due this year. The next reports for Royal Canadian Mounted Police and Canadian Armed Forces – Regular Forces are expected in fall 2022 and 2023, respectively. Following the completion of the actuarial report prepared by the Office of Chief Actuary and based on the advice and recommendation of the Chief Human Resources Officer, government contribution rates (for calendar years 2022, 2023 and 2024) and other financial decisions are required from the President of Treasury Board to fulfill the government’s responsibilities in ensuring the proper funding of the public sector pension plans.

While the approval of the government contribution rates falls under the responsibility of the President of the Treasury Board, member contribution rates for the public service, Royal Canadian Mounted Police and Canadian Armed Forces – Regular Forces stemming from the public service actuarial valuation report must be approved by the Treasury Board. [redacted]

Considerations

The Treasury Board of Canada Secretariat has received the final draft version of the actuarial report on the public service pension plan, which has revealed a shortfall under the public service Superannuation Account (pre-2000 service). This shortfall, which has already been reflected in the Public Accounts of Canada, will require that an adjustment entry be made to the Superannuation Account in order to align the balance of the account with the liability. The draft report includes the recommended government contributions rates and has revealed an actuarial surplus under the public service pension fund (post-2000 service). The report on the death benefit account is expected to show that the plan is in a healthy surplus position. 

Since the Office of the Chief Actuary puts forward actuarial reports for tabling in Parliament regularly for each of the public sector pension plans, these reports are considered routine and are not expected to generate any significant media attention. After the tabling in Parliament, the reports will be posted on the website of the Office of the Superintendent of Financial Institutions of Canada and therefore made public. Strategic Communications and Ministerial Affairs is prepared to respond to any media enquiries on the topic.

Next steps

Approval from the President of the Treasury Board will be sought to table the reports, along with an adjustment for the public service Superannuation Account and the establishment of government contribution rates for the public sector pension plans.

Issue

The Official Languages Act (the Act) requires the President of the Treasury Board to table an annual report on official languages in Parliament.

The 2019-20 report will have to be approved by the President before being tabled this fall, to avoid further delays and/or criticism from parliamentarians.

Background and key developments

The tabling of the annual report on official languages is required by the Act.

The report describes the status of official languages programs in federal institutions for the parts of the Act that are under Treasury Board authority: 

• communications with and services to the public (Part IV)
• language of work (Part V)
• the equitable participation of English-speaking and French-speaking Canadians (Part VI)

The Treasury Board of Canada Secretariat, specifically, the Office of the Chief Human Resources Officer, is responsible for gathering information and data and for drafting the report.

The report is prepared in part through coordination and gathering of information from some 200 federal institutions that are subject to the Act, including:

• official languages reviews (a questionnaire for federal institutions)
• data extracted from central human resources systems for all federal institutions
• results on the use of official languages from the Public Service Employee Survey
• other relevant ad-hoc data (e.g., data from online public consultations on the Official Languages (Communications with and Services to the Public) Regulations)

Considerations

Although an exact date is not prescribed by the Act, the 2019-20 annual report on official languages should be approved by the President early in his or her mandate for tabling in Parliament after Parliament resumes, to avoid additional delays.

The health crisis has already delayed the launch of the review exercise and departments have taken more time to collect all the necessary information for input into the annual report. Therefore, the report will be tabled later than in past years (May or June).

The key official languages stakeholders, particularly the two permanent parliamentary committees on official languages in the House and Senate, closely review the annual reports on official languages and use the information to analyze and question institutional compliance under the obligations of the Act.

The President of the Treasury Board could be called to appear before the committees as a follow-up to the tabling of the annual report to discuss results and trends.

Next steps

The Treasury Board President will receive the 2019-20 report for review and approval by November 26, 2021. Following approval, the report should be tabled at the earliest opportunity.

Issue

Tabling of the Public Accounts is required by December 31, 2021. To support the tabling, the President’s signature will need to be sought within two to three weeks of the President’s appointment.

Background and key developments

The Public Accounts are jointly signed by the President of the Treasury Board, the Minister of Public Services and Procurement (as the Receiver General for Canada) and the Deputy Receiver General for Canada. The tabling of the Public Accounts in the House of Commons is required in accordance with section 64 of the Financial Administration Act.

As outlined in the Act, the President must table the Public Accounts no later than December 31 of each year.

Considerations

The risk of not addressing this action is non-compliance with the Financial Administration Act.

Next steps

Documentation requiring the President of the Treasury Board’s signature will be provided by the Office of the Comptroller General in preparation for the tabling. The President will need to sign the transmittal page and signature card within two to three weeks of their appointment to allow for the printing of the Public Accounts. The President will also need to sign the tabling letters for the Clerks of the House of Commons and the Senate by the selected tabling date.

Issue

Starting in 2019, the Government of Canada committed to introduce an Annual Regulatory Modernization Bill to update or remove unnecessary legislative requirements that have downstream impacts on the federal regulatory environment. [redacted]

Background and key developments

As the Minister responsible for federal regulatory policy and cooperation, the President of the Treasury Board is responsible for leading whole-of-government efforts to continuously improve the federal regulatory system.  In this context, the President would [redacted]. The President would also be responsible for leading its passage through the parliamentary process.

As a key annual deliverable under the federal regulatory modernization agenda, the bill aims to remove legal provisions that hinder business and regulatory competitiveness. Business stakeholders, including the Economic Strategy Tables and the Advisory Council on Economic Growth, have stressed that having a regularized mechanism in place to address legislative irritants is critical to modernizing the federal regulatory regime. This view reflects the fact that federal regulations have been developed and built up over decades and, over time, many of these regulations have become obsolete and no longer reflect current public policy and business realities, challenges and opportunities. It is difficult, however, for federal regulators to advance minor legislative changes because of their relatively small scope; taken individually, amendments of this nature tend not to be recognized as legislative priorities. The Annual Regulatory Modernization Bill is designed to address these concerns through a dedicated annual legislative process that can propose multiple legislative changes all at once.

The first Annual Regulatory Modernization Bill included changes to 12 pieces of legislation and was included in the Budget Implementation Act, 2019, No. 1. After being delayed due to COVID-19, [redacted]

Considerations

The Treasury Board Secretariat establishes the selection criteria and leads the assessment process, but all amendments considered for the Annual Regulatory Modernization Bill are proposed by departments. Recommendations on what is included in the bill are then made collectively by senior officials in central agencies before being approved by the President. As the Annual Regulatory Modernization Bill is meant to be a “clean-up” bill, a critical selection criterion is that all amendments selected for inclusion must be non-contentious. [redacted]

Next steps

[redacted]. Officials at the Treasury Board Secretariat will provide policy and communications support to the President to help shepherd the bill through the parliamentary process.
[redacted]

Issue

Approval by the President, of the Treasury Board of the Treasury Board Secretariat’s Departmental Plan for the 2022-23 fiscal year, is required by as early as January 2022.

Background and key developments

The Departmental Plans are annual reports tabled in Parliament each spring to provide parliamentarians and Canadians with a high-level summary of the organization’s plans and priorities for the next fiscal year. They are part of the Parliamentary Estimates process.

The Treasury Board Secretariat Departmental Plan for the 2022-23 fiscal year reports on departmental priorities, strategic outcomes, programs, expected results and the associated resource requirements.

As President of Treasury Board, you are responsible for tabling all Departmental Plans in Parliament, which typically happens each winter. As the Minister responsible for the Treasury Board Secretariat, you would need to approve the Secretariat’s own Departmental Plan. We anticipate your approval would be required as early as January 2022.

Considerations

Late approval of the plan may not leave enough time to finalize the plan’s production before the tabling date, which could delay the tabling of all Departmental Plans.

Next steps

Approval will be required as early as January 2022.

Issue

On August 13, 2021, the Government of Canada announced its intention to require vaccination against COVID-19 for employees of the federal public service.

As the Employer, the Treasury Board of Canada Secretariat, through the Office of the Chief Human Resources Officer, received approval, on October 6, 2021, of the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police.

Background and key developments

Mandatory vaccination applies to employees of the core public administration (i.e., departments listed under Schedules I and IV of the Financial Administration Act) as defined in sections 7 and 11 of the Financial Administration Act and includes the following regardless of whether they work on-site or telework (full time or part-time):

• indeterminate employees
• determinate employees
• members and reservists of the Royal Canadian Mounted Police
• internationally based public service employees

For the policy, it also includes:

• casual workers
• students
• visiting scientists working in Government of Canada laboratories
• cadets, enrolled in the Royal Canadian Mounted Police Cadet Training Program, and other cadets/trainees (ab initio) enrolled in any federal public service training college or academy
• the principles of this policy are applicable to Interchange Canada participants and volunteers

The vaccination and testing frameworks were updated in consultation with deputy heads, heads of human resources, and bargaining agents to complement the policy on vaccination.

Four categories of employees are identified:

• fully vaccinated employees
• partially vaccinated
• unvaccinated – requesting accommodation
• unvaccinated

Considerations

[redacted] The bargaining agents were disappointed in the amount of time they had to provide their feedback, given the short turnaround time to [redacted]

The Office of the Chief Human Resources Officer is providing support and guidance to managers with respect to the type of justification and supporting documentation required of employees where they are unable to get vaccinated due to a medical contraindication or other prohibited ground under the Canadian Human Rights Act.

Given that the policy does not contain provisions for exceptions due to operational reasons, the Employer must be prepared to address resourcing issues arising from employees going on leave without pay due to being unvaccinated or unwilling to disclose their vaccination status.

Next steps

The Office of the Chief Human Resources Officer will continue to engage, when appropriate, with departments and bargaining agents on the policy and frameworks, as well as other policy instruments that may be developed. There is ongoing engagement with separate agencies and Crown corporations as well as private sector stakeholders to encourage their adoption of the Treasury Board policy.

The Office of the Chief Human Resources Officer’s focus will now be on the six-month policy review to address any gaps in the policy as well as updating our frameworks based on evolving information. In the new year, an update will be provided to the President of the Treasury Board on the outcome of the review.

The Office of the Chief Human Resources Officer is looking forward to the opportunity to provide a more comprehensive briefing on the framework, implementation plan, timeline and governance.

Issue

[redacted]

Background and key developments

On August 31, 2021, the Pay Equity Act (Act) came into force. The Act is designed to proactively address systemic undervaluing of work performed by women. Under the provisions of the Act, federally regulated private and public employers have three years to develop an initial pay equity plan and must update the plan every five years, at a minimum.

The Treasury Board Secretariat, as the Employer, will centrally manage the implementation of the Act for the core public administration and the Royal Canadian Mounted Police with the assistance of core public administration organizations throughout the process. The development of a pay equity plan is to be done jointly with representatives of all bargaining agents and Employer representatives from the Office of Chief Human Resources Officer at the pay equity committee.

[redacted]

Considerations

[redacted]

Next steps

[redacted]

Issue

The 2021 round of collective bargaining commenced with one bargaining agent, the Public Service Alliance of Canada, having served notice to bargain for four groups whose collective agreements will expire in 2021. To support the government’s legislative obligation to bargain in good faith, [redacted]

Background and key developments

The Office of the Chief Human Resources Officer provides leadership on people management through policies, programs and strategic engagements. In this context, the Office of the Chief Human Resources Officer, on behalf of the Treasury Board as the Employer for the core public administration, is mandated to negotiate the 28 core public administration collective agreements with 17 bargaining agents representing 209,000 employees^{Footnote 2}.

In the 2018 round of bargaining, the government reached 53 tentative or signed agreements with groups covering close to 270,000 employees or over 98% of public servants in represented groups in the core public administration and separate agencies. The Office of the Chief Human Resources Officer is pursuing negotiations with two outstanding core public administration groups and supports negotiations with four outstanding groups in four separate agencies.

The first collective agreement for Royal Canadian Mounted Police Regular Members (below the rank of Inspector) and Reservists was signed on August 6, 2021. [redacted]

The 2021 round of bargaining was launched in the spring of 2021. As of September 10, 2021, groups representing 55% of the represented employees in the core public administration (excluding the Royal Canadian Mounted Police) have served notice to bargain. The remainder of core public administration groups and groups in separate agencies are expected to file notice to bargain over the next 12 months. [redacted]

The Employer’s overarching strategic objectives for the 2021 round include:

• [redacted]
• negotiate, in good faith, collective agreements that are fair for employees and reasonable for Canadians.

Considerations

As negotiations progress, and as a new government is established, Employer representatives will be pressed to engage on [redacted]. To support the government’s obligation to bargain in good faith and advance negotiations with bargaining agents, [redacted]

Next steps

[redacted]

Issue

The Government of Canada as the Employer for the core public administration and insurance and benefit plan sponsor, is required to pay the Employer share of costs under these plans. Approximately 1.5 million members, including current and former public service employees and dependants, participate in these plans.

The President of the Treasury Board’s approval will be required by December 31, 2021, to implement new yearly premium rates under the Public Service Management Insurance Plan and pensioner contribution rates under the Public Service Health Care Plan, effective April 1, 2022.

Background and key developments

Every year, updates are made to benefit plan premium rates to ensure that cost-sharing ratios are maintained, and that the government does not over or under contribute to the plans. The premium rate updates are based on plan experience and annual recommendations from the insurer / plan administrator. A Board of Trustees under the Public Service Management Insurance Plan also provides its recommendation. Under the Public Service Health Care Plan, a negotiated joint recommendation requires contributions for pensioners to be updated annually.

The Office of the Chief Human Resources Officer is responsible for working with plan administrators, insurers, boards of management and other stakeholders including the Office of the Chief Actuary to analyze the benefit plan rates and bring the recommendations to the President for approval. Following approval, the Office of the Chief Human Resources Officer works with stakeholders to communicate the rate changes to plan members.

Considerations

Approval by the President on the rates for the plans is required by December 31, 2021, to allow sufficient time for communications to be sent to Public Service Health Care Plan members regarding the contribution rate change. This timeline will also allow Public Services and Procurement Canada sufficient time to implement the rate changes effective April 1, 2022, for both Public Service Health Care Plan and Public Service Management Insurance Plan. Public Services and Procurement Canada is responsible for implementing the benefit plan rates through their payroll and pension systems.

[redacted]

Next steps

Once the Sun Life analysis of the Public Service Health Care Plan rates is complete and the Office of the Chief Actuary has endorsed the analysis (expected late October / early November), Treasury Board Secretariat will seek approval by the President of the Treasury Board by December 31, 2021.

Issue

Following the implementation of the Phoenix Pay System in February 2016 and detection of numerous pay issues, the Employer has been involved in:

• a claims process, commencing in 2016 and continuing to this day, to reimburse employees for certain expenses incurred as a result of Phoenix pay issues;
• damages agreements, signed with Bargaining agents in 2019 and 2020, with remaining elements scheduled to be implemented in late 2021; and
• union dues issues and related litigation, including discussions with the Public Service Alliance of Canada to address a 2018 unfair labour practice complaint resulting from shortfalls in the receipt of union dues.
• Class action litigation, re: Bouchard, certified for those employees without a right to grieve (e.g. casuals, terms less than three months, part-time workers, etc.) and Delorme. [redacted] 

Background and key developments

1. Claims process

Originally conceived to reimburse employees for out-of-pocket expenses such as interest on credit card payments, the original claims process expanded to include reimbursement for tax advice; impact on income taxes (employees moved to a higher tax bracket due to significant back pay received in a later year); and impact on government benefits (employees receive lower Canada Child Benefit due to back pay received in a later year).

Since its inception in 2016, some 8,000 claims have been submitted, with $2.4M reimbursed to employees. 

2. Damages agreements

In 2019, a Phoenix Damages Agreement was signed with a number of Bargaining Agents (all except Public Service Alliance of Canada) for damages caused by Phoenix.

Key components of this agreement include:

• general damages of up to five days of leave for current employees.
• general damages equivalent to up to five days of leave for former employees - thus far, over 10,000 claims have been received from former employees, total payment of just under $9M.
• financial costs and investment loss—thus far, some 630 claims received, total payment of just under $1.5M; and
• severe impact—thus far, some 250 claims received, total payment under $0.1M.

The process commenced in November 2019 and has been working well since.

In 2020, a separate Phoenix Damages Agreement was signed with the Public Service Alliance of Canada. Key components of the agreement include:

• general damages of up to $2,500 for current employees, a portion of which is for the late implementation of a previously signed collective agreement;
• general damages for former employees;
• financial costs and investment loss; and
• severe impact.

General damages for current employees were implemented in March 2021. The launch for the remaining three elements is scheduled for late 2021.

In March 2021, an agreement was also signed with the 2019 Phoenix Damages Agreement signatories to bring parity with the 2020 agreement signed with the Public Service Alliance of Canada, known as “the catch-up clause”.

Key components of this agreement include:

• damages payment for the late implementation of the 2014 collective agreement; and
• increasing general damages paid through the 2019 agreement to a minimum of $300 per day.

Terms of this agreement were implemented on September 1, 2021 for current employees.  Launch of the claims process for former employees is scheduled for late 2021.

These three damages agreements do not apply to the Phoenix class actions discussed below.

3. Unfair labour practice complaint

In addition to the pay issues suffered by employees following the implementation of the Phoenix Pay System in 2016, several bargaining agents experienced shortfalls in the receipt of union dues.

Under existing collective agreements, the Employer has an obligation to deduct union dues from employees and remit them to bargaining agents. The Phoenix Damages Agreements signed in 2019 and 2020 do not address union dues issues and were reached without prejudice to the right of bargaining agents to seek damages or other corrective measures for these concerns.

[redacted]

Discussions between the Employer and the Public Service Alliance of Canada are [redacted]

4. Bouchard and Delorme class actions

Ezmie Bouchard v. Attorney General of Canada (“Bouchard”) was commenced in April, 2017 on behalf of all employees who experienced issues with their pay due to the Phoenix pay system.  However, on certification, the court limited the class to those employees without a right to grieve (i.e. students, casuals, terms of less than 3 months and part-time workers working 1/3 or less of the normal work week).  [redacted]

The second proposed class action, Renée Delorme v. Attorney General of Canada (“Delorme”), was commenced on August 2, 2018 in Alberta and has not yet been certified as a class action. This claim largely duplicates the Bouchard class action, [redacted] it also names IBM as a co-defendant and the timeframe extends back to 2014. Delorme is still in the early stages and [redacted].  In March 2021, IBM filed an application to strike the claim against it.  No hearing date has been set yet.  

[redacted]

Considerations

[redacted]

Next steps

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Issue

[redacted]

Background and key developments

The Act, which came into effect in 2007, establishes a procedure for the disclosure of wrongdoing in the federal public sector and for filing complaints against reprisal.

The Act provides for specific authorities for the President of the Treasury Board and the Chief Human Resources Officer for the promotion of ethical practices, raising awareness of the disclosure regime, and reporting disclosure activities within federal public sector organizations on an annual basis. However, the Act does not provide a specific oversight role for the Treasury Board, the Office of the Chief Human Resources Officer or any other entity.

In 2017, the Standing Committee on Government Operations and Estimates (the committee) tabled a report on the first statutory review of the Act with 15 wide-ranging recommendations for both legislative changes and operational improvements to the disclosure regime. The government responded in October 2017 and has subsequently implemented measures to improve the regime under the Act, including additional guidance; increased awareness of activities and training; and expanded data reported in the annual report. The Government Response did not commit to legislative changes.

On February 25, 2021, the committee tabled a new report, readopting the recommendations in the 2017 report and requesting a new Government Response. [redacted]

It is possible that the committee may choose to again readopt the previous recommendations or to make new ones in the new Parliament.

Considerations

A significant challenge for the government in responding to parliamentary, media and stakeholder discussion of the Act, has been the differing understandings on the part of parliamentarians, media and others, about the objectives of the Act and the broader Canadian integrity framework in which it operates. The Act addresses the most serious ethical breaches in the public sector that fall outside of existing recourse mechanisms. It is not meant to cover all ethical breaches or to replace existing recourse mechanisms provided for under other statutes such as, for example, the Canada Labour Code and its Regulations, the Canadian Human Rights Act, the Federal Public Sector Labour Relations Act, and the Privacy Act.

[redacted]

Next steps

[redacted]

Issue

The Official Languages Act (the Act) is a quasi-constitutional statute. The need for its modernization arises from social, demographic and technological realities that have shifted since the Act’s last major revision in 1988.

The process of modernizing the Act and its accompanying overall linguistic framework is led by Canadian Heritage. The process started in 2019. Stakeholders have voiced an expectation that a bill be introduced within the first 100 days of a new government.

General information and key developments

The Act was first adopted in 1969. It was revised in 1988 to ensure the implementation at the federal level of the language rights enshrined in the Canadian Charter of Rights and Freedoms. That version of the Act also established the Government of Canada’s commitment to enhancing the vitality of official language minority communities and fostering the full recognition and use of English and French in Canadian society. The Act was amended in 2005 to clarify and make enforceable the obligation of federal institutions to take positive measures to implement this commitment.

The Act confers on the Treasury Board responsibility for the general direction and coordination of policies and programs relating to the implementation of Parts IV (Communications with and Services to the Public), V (Language of Work), and VI (Equitable Participation of English‑speaking and French-speaking Canadians).

The document English and French: Towards a Substantive Equality of Official Languages in Canada was released in February 2021. It presented a series of proposed legislative and administrative changes aimed at establishing a new balance for linguistic duality. The proposals laid the foundation for Bill C-32, which was tabled in the House of Commons on June 15, 2021.

Considerations

The intentions of the reform effort and the text of the bill propose broader and strengthened authorities for the Treasury Board, including for monitoring compliance, accountability, and developing policy instruments, as well as new responsibilities related to positive measures (s. 41(2) of Part VII: Advancement of English and French). The exercise of these authorities will require additional resources for the Treasury Board of Canada Secretariat.

The Treasury Board’s new role will require close collaboration with the Department of Canadian Heritage, which will be responsible for whole-of-government coordination of official languages while retaining its remaining responsibilities under Part VII.

Next steps

The return of Parliament will allow a bill for the modernization of the Official Languages Act to be reintroduced. Temporary funding was announced in Budget 2021 to support the approach.

The reform of the official languages framework also includes administrative measures, such as language of work initiatives (Part V) in federal institutions. The Office of the Chief Human Resources Officer will undertake the necessary steps to secure funding for this activity.

Some key stakeholders may request a meeting with the President of the Treasury Board, including Raymond Théberge, the Commissioner of Official Languages. They will seek clarification around the government’s intentions with respect to modernizing the Act.

The two parliamentary committees responsible for official languages will likely undertake studies on this matter and will invite the minister responsible for the Act and the President to appear before their committees in order to better understand the government’s intentions.

Issue

The public service framework for identifying, recruiting, developing, and rewarding the leadership cadre must be modernized to continue to be competitive in recruiting and retaining top talent and delivering on our mandate.

Background and key developments

There are approximately 6,400 executives within the 70 departments comprising the core public administration. With respect to executives, the Office of the Chief Human Resources Officer, Treasury Board of Canada Secretariat is responsible for:

• developing policies that foster excellence in executive leadership
• providing strategic direction and oversight in areas of executive performance, leadership and talent management, executive leadership development, terms and conditions of employment, classification and compensation
• collective talent management and resourcing of assistant deputy minister positions and of human resources executives including promoting and fostering diversity and inclusion within the senior leadership cadre

The Treasury Board Secretariat, through the Office of the Chief Human Resources Officer fulfills this mandate in a manner that is compatible with primary deputy head accountability and responsibility for human resources management.

The Association of Professional Executives of the Public Service of Canada and its membership have raised concerns about work-life balance and compensation. The Treasury Board has not increased executive salary ranges since 2017, which has increased salary compression compared to employees who benefited from recent collective bargaining. Beyond these issues, many senior leaders also recognize that a more comprehensive overhaul of the framework of programs and policies that apply to them is required. 

The Chief Human Resources Officer is considering establishing a strategic roundtable of public sector and private sector experts to provide insights and advice on a new strategy and other people management initiatives. 

Considerations

The public service is evolving to deliver programs and services to Canadians in unprecedented ways. Rapid evolution towards a distributed and digital workplace will continue to challenge the capacity of senior public service leaders to guide, motivate and sustain culture change. The expectation of Canadians to see themselves reflected in the senior leaders of the public service must be met. Further, competition for talented leaders at all levels cannot be underestimated, as senior leaders report significant challenges to their own wellness and morale. The current and next generation of leaders are seeking a modern, healthy, and purpose-driven employee experience.

The federal public service requires a modern senior leadership development strategy and framework to advance a high performing, accountable, and results-driven senior leadership cadre that is representative of the Canadians it serves and inclusive in how it leads and inspires the public service workforce in the post-pandemic environment. Based on this, the Office of the Chief Human Resources Officer would:

• redesign and integrate its executive development talent management and performance management programs, processes and systems along the full leadership continuum and throughout the employee life cycle

• establish policies and governance to support and enable the senior leadership development framework
• propose and sponsor adoption of an integrated and business-enabling enterprise-wide talent management digital platform.

Next steps

[redacted]

Issue

The Government of Canada is the plan sponsor for the Public Service Health Care Plan (“the Plan”), and the President of the Treasury Board is responsible for the overall management of the Plan, including negotiations with the Partners Committee, a collaborative forum with Employer, employee and pensioner representatives. The Plan is administered by Sun Life Financial on a self-insured basis.

[redacted]

Background and key developments

The Office of the Chief Human Resources Officer supports the President of the Treasury Board’s role in the management, administration, and stewardship functions with respect to the group insurance benefits plans by providing expert and strategic advice and by undertaking negotiations of the Plans.

The Plan is negotiated with bargaining agent and retiree representatives at the Public Service Health Care Plan Partners Committee, outside the pay/leave collective bargaining process. The Partners Committee is a collaborative forum comprised of three Employer and three bargaining agent representatives, and one retiree representative. It operates under the umbrella of the National Joint Council. Once negotiations are complete, a joint recommendation is sent to the President for consideration and is then tabled at the Treasury Board for final approval. According to subsection 7.1.1 of the Financial Administration Act, the Treasury Board has the ultimate authority to make changes to benefit plans based on the Partners Committee joint recommendations.

[redacted]

Considerations

[redacted]

Next steps

[redacted]

Issue

Approval by the President of the Treasury Board of the delegation instruments pursuant to section 95 of the Access to Information Act and section 73 of the Privacy Act that designate departmental officials who may exercise signing authority or perform any of the powers, duties or functions of the President, as the head of the department.

Background and key developments

The President is responsible for ensuring compliance with the legislative obligations under the Access to Information Act and the Privacy Act. The delegation of duties covers activities associated with implementing the legislation and includes receiving and responding to requests, monitoring and reporting on compliance, and drafting annual reports.

Pursuant to the Directive on the Administration of the Access to Information Act and the Directive on the Administration of the Privacy Act, the delegation order is to be reviewed when circumstances surrounding the delegations have changed, such as the appointment of a new Minister as President of the Treasury Board.

Delegation of duties is a standard practice across government organizations and is considered a best practice by the Information and Privacy Commissioners.

Considerations

The risk associated with deferring the approval of the delegation instrument is low. Provisions are in place whereby the current delegation order remains in effect until a new one is signed.

Next steps

Approval is requested at the President’s earliest convenience. Timely approval of the delegation order would demonstrate leadership consistent with the President’s role as the Minister responsible for overseeing the government-wide administration of the Acts.

Issue

Approval of a new Delegation Instrument setting out the delegation of financial authorities, as per the Treasury Board Directive on Delegation of Spending and Financial Authorities (the directive).

Background and key developments

The spending and control of public funds are given to ministers and deputy heads by Parliament through the Appropriation Acts, the Financial Administration Act, and related regulations. Delegation of financial signing authorities is a mechanism for ministers to authorize departmental officials to exercise authorities on his/her behalf to facilitate the achievement of their mandate. Examples of delegations include approvals of travel expenses, hospitality, and contracting. This delegation must be in writing and the mechanism used is the Delegation Instrument.

Considerations

The risk of deferring this decision is that the Minister would not have the opportunity to confirm their position with respect to delegations, and there is a risk that the department would not be in full compliance with the spirit of the directive. That said, there will be no impact on the processing of payments, as the existing delegation Instrument will remain in effect until the newly appointed Minister approves the new delegation instrument.

Next steps

To be submitted to the President for signature within 90 days of appointment.

Issue

Governor in Council or ministerial approval is required to fill several vacancies.

Background and key developments

The President of the Treasury Board is responsible for making three types of appointments:

• Governor in Council appointments for positions such as the directors of the Public Sector Pension Investment Board
• ministerial appointments for boards that oversee administration of the major public service benefit plans
• appointment of members, via Treasury Board, who sit on a Departmental Audit Committee

Please see the annex of new appointments and reappointments of incumbents whose terms have expired or will expire in the next 100 days. All recommendations being put forward for consideration by the President of the Treasury Board incorporate considerations including diversity and inclusion.
Upon receipt of a Governor in Council recommendation from the President, the Treasury Board Secretariat submits the necessary documents for Cabinet consideration and provides notes to support discussion at a Cabinet meeting. Following consideration by Cabinet, there is a short delay, typically two to three days, between the appointment being approved and it being made public.

Considerations

While there are current vacancies, there is no formal time by which the appointments are required. All boards with vacancies, except the Public Service Pension Advisory Committee,  have continuation provisions which allow current appointees to continue in office until a replacement is found or a reappointment is made.

Next steps

Memoranda will be prepared to seek approval for a number of new appointments or reappointments at the President’s convenience.

Issue

The External Advisory Committee on Regulatory Competitiveness (“the Advisory Committee”) completed its initial mandate in March 2021 and was renewed for two additional years of funding (for fiscal year 2021-22 and fiscal year 2022-23) in Budget 2021. [redacted]

Background and key developments

The Advisory Committee was established for a three-year term (fiscal year 2019-20 to fiscal year 2020-21) in the 2018 Fall Economic Statement to provide the Treasury Board with system-wide advice on how to modernize and improve the competitiveness of Canada’s regulatory system. The committee was established as a direct response to the Economic Strategy Tables’ recommendation to create an advisory council to advise on improving Canada’s regulatory competitiveness.

In Budget 2021, the Government of Canada announced funding over two years (fiscal year 2021-22 and fiscal year 2022-23) to continue work on strengthening Canada’s regulatory system by renewing the Advisory Committee.

The Advisory Committee brings together business, academics, consumer representatives and civil society members from across the country. During its initial term, the Advisory Committee provided the Treasury Board with 44 system-wide recommendations to support regulatory modernization by identifying opportunities to reduce unnecessary burdens on business and promote innovation and economic recovery. The Advisory Committee, for example, provided recommendations on how to enhance regulatory consultations with Canadian businesses.  These recommendations align with the Treasury Board Secretariat’s regulatory modernization agenda and are being reviewed to identify next steps.

Considerations

[redacted]

Next steps

[redacted]

Issue

The Access to Information review was launched in June 2020 and is currently ongoing. It is expected that the President of the Treasury Board will table a report with recommendations to Parliament [redacted]

Background and key developments

The Access to Information Act provides Canadian citizens, permanent residents and individuals and corporations present in Canada a right to access records under the control of government institutions. There are roughly 265 government institutions currently subject to the Access to Information Act.  The Act names the President of the Treasury Board as the Minister responsible for its administration across the federal government.

The Access to Information Act came into force in 1983, and prior to 2019, had not been the subject of any significant amendments. In 2015, the government committed to reviewing the Act in two phases: the first phase which targeted amendments to address specific commitments, and the second phase, which was a full review of the Act.

The first phase was completed through Bill-C-58 and came into force in June 2019. Among other things, Bill-C-58 introduced new requirements for proactive publication, new powers for the Information Commissioner, as well as a requirement to review the Act every five years, with the first one to begin by June 20, 2020. The current review responds both to this new legislative requirement and the original commitment for the second phase of reviewing the Act.

The review is focused on three streams of analysis:

• reviewing the legislative framework
• opportunities to improve proactive publication to make information openly available
• assessing processes and systems to improve service and reduce delays.

In addition, the review is also examining issues regarding Indigenous access to information.

To support public engagement, an online Access to Information platform was launched in March 2021, where the public was able to provide submissions, register for engagement events and participate in a user experience survey. To date, the Treasury Board Secretariat has received 34 submissions, over 300 survey responses and heard from 380 participants in five public events. Public engagement activities were closed on the platform on August 15, 2021. The Treasury Board Secretariat has also been engaging with federal institutions subject to the Access to Information Act.

The input received throughout the public engagement process to date is being used to develop “What We Heard” report. Together with policy and legal analysis, these will inform the President’s final report and recommendations to be tabled in Parliament.

Considerations

The current Access to Information review is a legislative requirement. The President is also required to table the findings in Parliament. Budget 2021 announced $12.8 million to improving access to information for Canadians, which includes funding to complete the review.

The government has committed to a robust engagement process with Indigenous peoples for phase two of the review. Although Indigenous organizations were welcome to participate in the broader public engagement, thus far, specific engagement with Indigenous organizations has primarily occurred through a series of bilateral discussions. While the Access to Information review has been underway, the Department of Justice has also been leading its own review of the Privacy Act. [redacted]

All public engagement activities were suspended during the election period. [redacted]

There is no legislated deadline for the President to table the report in Parliament, but the Treasury Board Secretariat has publicly committed to early 2022, with a target of delivering of the first draft of the final report to the President for January 2022.  [redacted]

Given the delays to the timelines, the Treasury Board Secretariat is recommending the publication of two separate “What We Heard” reports. The first interim report would be published in December 2021 drawing on all the engagement input received to date, and the other report will capture engagement with Indigenous organizations.

[redacted] It should be noted that any changes to access to information would likely have both cost and operational implications for institutions subject to the Access to Information Act.

Next steps

The President will be required to approve the next steps in the Review. A decision will need to be made with respect to publishing an interim “What We Heard” Report in December prior to the conclusion of Indigenous engagement. [redacted] Following the completion of Indigenous engagement, a “What We Heard” Report from Indigenous stakeholders will be finalized, [redacted]

Issue

The review of the Red Tape Reduction Act was launched in April 2020, pursuant to the statutory requirement for a single five-year review following its coming into force in April 2015. The Treasury Board Secretariat committed to reporting back to the President of the Treasury Board with findings and recommendations once the review was concluded.

Background and key developments

A product of the 2012 Red Tape Reduction Action Plan, the Red Tape Reduction Act sets out requirements for federal departments and agencies to control the growth of administrative burden on business when developing regulations (i.e. the one-for-one rule). When a new or amended regulation increases the administrative burden on business, the rule requires that the cost be offset by other regulatory changes, dollar for dollar. The rule also requires that an existing regulation be repealed each time a new regulation imposes new administrative burden on business. Since 2015, annual reports have been published detailing the results of the one-for-one rule and the application of its exemptions.

In the 2018 Fall Economic Statement, the Government of Canada announced it would launch the review by 2020 and committed to a suite of other regulatory modernization initiatives including exploring legislating changes to regulator mandates so that greater consideration is given to competitiveness, regulatory efficiency and economic growth.

In preparation for the review in 2019, the Treasury Board Secretariat undertook broad public consultations on the Red Tape Reduction Act,including on potential changes to regulators’ mandates and other topics related to regulatory modernization. A “What We Heard” report was published online in November 2020 summarizing the key themes raised by stakeholders.

The External Advisory Committee on Regulatory Competitiveness was also consulted on the review in November 2020 and provided advice to the President in a January 2021 letter, recommending that the Red Tape Reduction Act be extended beyond business to include regulatory burdens affecting citizens.

In addition to Treasury Board Secretariat’s review of the Act, in March 2020, the House of Commons Standing Committee on Government Operations began a study of the Act. That work was interrupted by the COVID‑19 pandemic and lapsed when Parliament was dissolved in August 2021.

Considerations

There are no legislated requirements on how the review is to be undertaken with regard to scope, substance or completion. However, as a key piece of legislation related to federal regulatory reform, the review of the Red Tape Reduction Act has also been used to explore using legislative mechanisms to advance broad regulatory modernization objectives system wide. [redacted] 

Since the implementation of the Red Tape Reduction Act, the Government of Canada has been implementing a regulatory modernization agenda intended to improve regulatory efficiency, agility, innovation and competitiveness. In support of the regulatory modernization agenda, changes were made through the 2018 Budget Implementation Act to the Red Tape Reduction Act to allow ministers to seek an exemption from the application of the one-for-one rule relating to the promotion of regulatory cooperation across jurisdictions. As per a provision in the 2018 Budget Implementation Act,these changes are not yet in force [redacted]

Next steps

[redacted]

Mandate

The Public Service Alliance of Canada is the largest public sector union and is the bargaining agent for five bargaining units representing approximately 124,000 employees within the core public administration, or approximately 60% of unionized employees.

Mandate

In the spirit of negotiating in good faith and of maintaining strong working relationships with the bargaining agents, the National Joint Council is recognized as the forum of choice for the Employer, through the Treasury Board Secretariat to discuss public service wide issues with the 17 bargaining agents^{Footnote 6} representing employees in the public service. The National Joint Council is chaired by the Assistant Deputy Minister of Employee Relations and Total Compensation, within the Office of the Chief Human Resources Officer and the co-chair is Dany Richard. Various directives are co-developed through the National Joint Council such as the Travel Directive, the National Joint Council NJC Relocation Directive and the Foreign Service Directives, as well as the Public Service Health Care Plan and Public Service Dental Care Plan. These directives and plans are deemed to form part of collective agreements. 

Mandate

The Professional Institute of the Public Service of Canada is the second largest bargaining agent in the federal public sector, behind the Public Service Alliance of Canada. The Professional Institute of the Public Service of Canada represents six bargaining units in the core public administration, covering approximately 42,800 employees, and represents employees in separate agencies, including the Canada Revenue Agency, the Canadian Food Inspection Agency, and National Research Council Canada.

Mandate

The National Association of Federal Retirees is a non-profit organization with more than 180,000 members and 85 branches. The organization advocates on behalf of active and retired members from the federal public service, the Canadian Armed Forces, the Royal Canadian Mounted Police, and federally appointed judges, as well as their dependents and survivors.

Role of the President of the Treasury Board

Federal retirees, from the Association, are represented on various pension and benefit related boards of management and committees. The President of the Treasury Board’s approval is required for appointments and reappointments to pension and benefit related boards of management, including that of retired public servants.
The National Association of Federal Retirees is represented on the Public Service Pension Advisory Committee and is a member of the Nominating Committee for the appointment of directors to the Public Sector Pension Investment Board. It also has representatives on the Pensioners’ Dental Services Plan Board and on the Public Service Health Care Plan Partners Committee.

Mandate

The Information Commissioner is an independent Agent of Parliament appointed under the Access to Information Act, Canada’s federal freedom of information legislation. The Act provides individuals with a right to access records under the control of government institutions and requires a range of institutions to proactively publish specified information. The Information Commissioner has oversight over the request-based access to information process, but not over proactive publication.
The Information Commissioner:

• provides arm’s-length oversight of the federal government’s practices in respect of access to information requests and works with institutions to ensure they meet their obligations with respect to requests made under the Act
• investigates complaints about the handling of requests under the Act
• provides information and advice to parliamentarians on matters related to access to information

Role of the President and the Treasury Board Secretariat

The President has primary responsibility for the administration of the Access to Information Act across the federal government. The President’s responsibilities include:

• undertaking a review of the Act by June 21, 2020, and every five years afterwards;
• establishing policies and directives to government institutions regarding the administration of the Act; and
• publishing an annual statistical report on the access to information program across government.

The Treasury Board of Canada Secretariat supports the President with these responsibilities.

Issues of note

Review of the Access to Information Act: The Information Commissioner has been engaged on the review of the Access to Information Act. The Information Commissioner provided her observations and recommendations on the Review in January 2021, which she also published on the Office of the Information Commissioner website.

[redacted]

Letter to the President of the Treasury Board (July 2021): In the spring of 2021, the Information Commissioner reached out to arrange discussions with the 16 ministers of institutions who have the most complaints registered with the Office of the Information Commissioner (ultimately, she met with 12 of the 16). Following these discussions, the Information Commissioner wrote a letter to the President of the Treasury Board, providing a summary of the discussions. In this letter the Information Commissioner once again observed the impact of the pandemic in exacerbating pre-existing challenges within the access to information system. The Information Commissioner stated that many of these issues do not require legislative change to be addressed and urged the President to mobilize Cabinet colleagues to take immediate steps towards transparency without waiting for the Review of the Access to Information Act to be completed. The letter is published on the Office of the Information Commissioner’s website.

Office of the Information Commissioner of Canada
30 Victoria Street
Gatineau QC K1A 1H3
[redacted]
caroline.maynard@oic-ci.gc.ca

Mandate

The Privacy Commissioner is an independent Agent of Parliament appointed under the Privacy Act. The Act establishes rules to protect the privacy of personal information held by government institutions and provides individuals with a right to access their personal information that is held by government institutions.

The Commissioner:

• oversees the federal government’s compliance with the Privacy Act
• investigates complaints from individuals about the handling of their personal information by government institutions
• investigates complaints about the handling of personal information in the federally regulated private sector under the Personal Information Protection and Electronic Documents Act, for which the Minister of Innovation, Science and Economic Development is the lead

Role of the President of the Treasury Board

The President has primary responsibility for the administration of the Privacy Act across the federal government. The President’s responsibilities include:

• establishing policies and directives for government institutions regarding the administration of the Act
• reviewing the use of personal information banks and reviewing the management of these banks to ensure compliance with the Act
• publishing annually an index of personal information under the control of federal institutions

Issues of note

Selection process for a Privacy Commissioner : The term for the current Privacy Commissioner ends June 4, 2022. To respect the Caretaker Convention, the process for selecting a replacement has ceased and will need to be launched on an expedited basis once the caretaker period ends. If not started shortly after government is formed, the process may not have sufficient time to be completed before the end of the current Commissioner’s mandate.

Privacy Act modernization: The Department of Justice is leading the work on modernization of the Privacy Act. The Privacy Commissioner has recommended that the government move forward with specific reforms to the Act to protect Canadians’ privacy in the digital age.

Universal access: In July 2022, the rights provided for under the Privacy Act, including the right to complain to the Privacy Commissioner about the Government of Canada’s handling of personal information, will be extended to all foreign nationals abroad. Based on current volumes of complaints by foreign nationals abroad to the Information Commissioner, the Office of the Privacy Commissioner anticipates a significant increase in complaints (from 2,000 to 7,000 or more). To address this, the Office will likely seek additional funding and resources this year.

Mandatory vaccinations: The collection, use, disclosure, and disposition of personal information with regard to mandatory vaccinations of the federal workforce is of significant interest to the Privacy Commissioner.

Mandate

The Office of the Auditor General conducts independent audits and studies that provide objective information, advice, and assurance to Parliament, territorial legislatures, boards of Crown corporations, government, and Canadians. The Auditor General audits the operations of federal and territorial governments, verifies the accuracy of the government’s financial statements and supports parliamentary oversight of government spending and operations. The Auditor General is also responsible for appointing the Commissioner of the Environment and Sustainable Development. The Commissioner of the Environment and Sustainable Development, on behalf of the Auditor General, also provides parliamentarians with objective, independent analysis and recommendations on the federal government’s efforts to protect the environment and foster sustainable development.

Role of the President of the Treasury Board

The President of the Treasury Board is typically responsible for providing the overall response for the Government of Canada to performance audit reports tabled by the Auditor General, as well as briefing the relevant Cabinet committee on the contents of these reports and the proposed government response. The President is also responsible for responding directly to chapters that implicate the Treasury Board Secretariat.

Issues of note

The Auditor General will be tabling her next set of reports in fall 2021.  These include:

• Temporary Foreign Farm Workers
• Canada’s Food System
• Regional Relief and Recovery Fund—Support for Businesses
• Quarantine Enforcement

While the Treasury Board Secretariat is not scoped in nor directly implicated in the Fall Reports, the Auditor General may offer to meet with the President two to three weeks in advance of tabling as the President is typically the lead on the overall government response.

As is general practice, the Auditor General is also expected to table in the House of Commons a commentary on the 2020-21 Financial Audits. This report would be tabled concurrently with the tabling of the Public Accounts when Parliament returns. The report highlights the results of the financial audits conducted by the Office of the Auditor General in federal organizations during the 2020-21 fiscal year, along with a commentary stemming from this work.

Mandate

The Conflict of Interest and Ethics Commissioner is an independent Officer of Parliament and is appointed under the Parliament of Canada Act. The Conflict of Interest and Ethics Commissioner:

• administers the Conflict of Interest Code for Members of the House of Commons, which governs the ethical conduct of Members of Parliament

• administers the Conflict of Interest Act, which governs the ethical conduct of certain public office holders, such as ministers, ministerial staff, and deputy heads

Role of the President of the Treasury Board

The President of Treasury Board is responsible for the Conflict of Interest Act. Should the government decide to amend the Act, the President would be responsible for sponsoring any bills introduced in the House of Commons and tabling any required Government Response to the Standing Committee on Access to Information, Privacy and Ethics.

Mandate

The Commissioner of Official Languages is an independent Agent of Parliament appointed under the Official Languages Act. The Act gives French and English equal status in the federal government and is a keystone of official bilingualism in Canada.

The Commissioner of Official Languages:

• promotes and oversees the implementation of the Official Languages Act
• protects the language rights of Canadians and promotes linguistic duality and bilingualism across Canada
• supports the development of official language minority communities in Canada

Role of the President of the Treasury Board

The Treasury Board is responsible for the general direction and coordination of official languages regulations and policies related to:

• communications with and service to the public
• language of work in federal institutions
• equitable participation of English-speaking and French-speaking Canadians in the public service

Under the Act, the President is responsible for tabling an annual report on the status of official language programs related to the Treasury Board’s responsibilities outlined above.

Issues of note

In his 2020 to 2021 annual report, the Commissioner recommended that:

• the government table a bill that will modernize the Official Languages Act and all members of Parliament work together to pass legislation that benefits all Canadians 
• the Prime Minister of Canada and his Cabinet review the issues of safety and official languages
• the Privy Council Office develop a publicly available roadmap within six months of the release of the 2020 to 2021 annual report to address issues outlined in the report
• the Clerk of the Privy Council:
  • immediately address issues in the report, Implementing Section 91 of the Official Languages Act: A Systemic Problem
  • immediately exert influence by promoting the expansion of linguistic duality within the federal government in order to ensure that official languages are at the heart of public service reform
  • implement strategies by June 2022 in order to combat the linguistic insecurity described in the study, Linguistic (in)security at work – Exploratory survey on official languages among federal government employees in Canada

Mandate

The Parliamentary Budget Officer is an independent Officer of Parliament whose role is to provide independent, authoritative, non-partisan, financial and economic analysis to support Parliament and parliamentarians. The Parliamentary Budget Officer is appointed by the Governor in Council following consultations with certain persons specified in the Parliament of Canada Act and after approval by resolution of the Senate and the House of Commons.

The Parliament of Canada Act authorizes the Parliamentary Budget Officer to prepare reports on, for example, a budget tabled by the government or the Estimates of the government for a fiscal year. The Parliamentary Budget Officer may also undertake research and analysis into those Estimates pursuant to a request from a relevant committee of the Senate or the House of Commons.

Role of the President of the Treasury Board

The President’s sole legislative responsibility with regard to the Parliamentary Budget Officer is to table, before the House of Commons, the Parliamentary Budget Officer’s annual Estimates along with the government’s Estimates.

Otherwise, the Treasury Board Secretariat interacts with the Parliamentary Budget Office primarily by responding to requests for information received from the Parliamentary Budget Officer. These requests typically relate to the Public Accounts and Estimates tabled by the President.

Mandate

The Commissioner of Lobbying's mandate, derived from the Lobbying Act (the Act), is to ensure transparency of the lobbying of federal public office holders. This contributes to increasing the confidence Canadians have in the integrity of government decision-making. The Commissioner's mandate is threefold:

• maintaining the Registry of Lobbyists, which contains and makes public the registration information disclosed by lobbyists
• developing and implementing educational programs to foster public awareness of the requirements of the Act
• conducting reviews and investigations to ensure compliance with the Act and the Lobbyists' Code of Conduct (the Code)

Role of the President of the Treasury Board

The President of the Treasury Board is the Minister responsible for the Lobbying Act. This means that the President would be responsible for actions such as:

• answering questions in the House of Commons pertaining to the Lobbying Act, or at a meeting of a parliamentary committee (such as the Standing Committee on Access to Information, Privacy and Ethics) that is reviewing the Act
• seeking Cabinet approval of, and tabling in the House of Commons, any Government Response that is requested by a parliamentary committee at the conclusion of a legislative review of the Act
• seeking Cabinet approval of government policy pertaining to the Act, such as a Memorandum to Cabinet on the approach chosen to amending the Act
• sponsoring any Bills to introduced in the House of Commons to amend the Act
• seeking approval of the making or amendment of any regulations pertaining to the Act

Mandate

The Business Council of Canada was founded in 1976 as a non-profit, non-partisan organization to represent chief executives and heads of 150 leading Canadian businesses from every major industry across the country. Together, members of the Business Council of Canada employ 1.7 million Canadians and contribute to 50% of Canada’s private sector GDP.

Drawing on the experiences and expertise of its members, the Business Council of Canada provides unique insights, data-driven policy recommendations and in-depth analysis across a broad range of economic and social issues.

Role of the President of the Treasury Board

As the Minister responsible for leading whole-of-government work to continuously improve and streamline Canada’s regulatory system, a meeting with the Business Council of Canada would enable the President of the Treasury Board to hear the perspectives of Canadian business and chief executives on how the regulatory system can support recovery from the pandemic as well as opportunities for regulatory cooperation and harmonization.

Issues of note

Since the onset of the pandemic, Mr. Hyder has continued to advocate on behalf of the Business Council of Canada’s membership on a range of important issues:

• The Business Council of Canada has committed its support to the Coalition for a Better Future, a new economic advisory group that is drafting a plan for Canada’s economic future. Its work will kick-off with a summit that will be held in Ottawa at the end of October 2021.
• The Business Council of Canada has welcomed the decision to implement a vaccine requirement for federal employees. The council believes it is a critical measure that will help safeguard the health and safety of Canadians while ensuring that businesses can continue to operate safely.
• The Business Council of Canada has advocated for a nationally recognized proof of vaccination and has also been vocal about the need to deploy more widespread rapid testing.
• In April 2021, the Business Council of Canada published its third entry in a series of policy papers related to climate change, Clean Growth 3.0: Achieving Canadian Prosperity in a Net Zero World. The paper provides a series of guiding principles for climate action.
• The Business Council of Canada published a report in October 2020, titled, “Powering a strong recovery: an economic growth plan for Canada.” The report discusses some of the underlying issues that have historically undermined Canada’s economy and considers policies to overcome these challenges. An unpredictable regulatory environment is one of the key obstacles identified in the report.

Mandate

The Canadian Federation of Independent Business is a non-profit organization championing small and medium-sized businesses across Canada. The federation represents the interests and voices the concerns of over 95,000 members, making it Canada’s largest non-profit organization devoted to business success. Over the years, the Canadian Federation of Independent Business has advocated for change in a number of areas, most notably red tape reduction. Each year, the organization publishes a Red Tape Report Card which assigns grades to federal, provincial, and territorial governments on their progress in reducing red tape.

Role of the President of the Treasury Board

As the Minister responsible for leading whole-of-government work to continuously improve and streamline Canada’s regulatory system, a meeting with the Canadian Federation of Independent Business would enable the President of the Treasury Board to hear the perspectives of Canadian small and medium-sized businesses on how the regulatory system can support economic recovery as well as opportunities for regulatory cooperation and harmonization.

Issues of note

In response to the ongoing challenges businesses continue to face amidst the COVID-19 pandemic, the Canadian Federation of Independent Business has continued to advocate on behalf of their members on a range of important issues:

• Laura Jones served as chair of the External Advisory Committee on Regulatory Competitiveness, which provided advice on how to improve regulatory competitiveness and the quality of life for Canadians. During the pandemic, the committee provided advice on regulatory response efforts to the COVID-19 pandemic.
• In a recent media release, the Canadian Federation of Independent Business identified COVID-19 response measures that small business owners wanted to see included in federal party platforms, including maintaining existing COVID-19 relief programs, reducing the tax burden on small businesses, more consultation on future changes to the Employment Insurance program and new policies to address labour shortages.
• In August 2021, the Canadian Federation of Independent Business published an article cautioning federal, provincial, and territorial governments on the use of mandatory vaccine policies and/or passports. The Canadian Federation of Independent Business surveyed a sample of small business owners across Canada and found that the majority (47%) did not support the use of a vaccine passport for customers visiting their business. As well, over 64% of respondents were concerned about the potential legal risk of checking the vaccine credentials of employees and/or customers.
• An August 2021 release issued by the Canadian Federation of Independent Business indicated that four in five business owners are concerned about the potential impact of future lockdowns. Their findings have shown that while 68% of small businesses are fully open, only 45% are fully staffed and 35% are making normal sales. In response, the Canadian Federation of Independent Business called on governments to adopt a “stay open” plan recommending the use of rapid testing, evidence-based communications, and a focus on hospitalization rates (as opposed to case counts), in order to prevent future closures.
• The Canadian Federation of Independent Business launched an online petition in July 2021 urging the government to maintain the Canada Emergency Wage Subsidy and Canada Emergency Rent Subsidy until the economy is fully open.

Prior to the pandemic, the Canadian Federation of Independent Business shared its perspectives on issues and opportunities for modernizing Canada’s regulatory system:

• Under Laura Jones’ leadership, the External Advisory Committee on Regulatory Competitiveness provided recommendations on key priority areas including the second and third rounds of regulatory reviews and on measuring cumulative regulatory burden.
• In January 2020, the Canadian Federation of Independent Business published its annual Red Tape Report Card, and the federal government was given a “B+” grade for its efforts. The report praised regulatory innovation efforts announced in Budget 2019 and the establishment of the External Advisory Committee on Regulatory Competitiveness. The report recommended additional measures, including establishing more comprehensive measures and targets, expanding the scope of the Red Tape Reduction Act to include tax laws as well as the burden imposed by guidelines, legislation and policies and continued federal leadership on reducing interprovincial trade barriers.
• In 2019, the Canadian Federation of Independent Business advocated for expanding the scope of the Red Tape Reduction Act, strengthening red tape reduction in federal departments and agencies, and promoting a modernized service culture that improves the interactions between government and citizens.
• The Canadian Federation of Independent Business has also contributed to the regulatory review process and the Federal-Provincial-Territorial Regulatory Reconciliation and Cooperation Table process to reduce internal barriers to trade.

Mandate

The Canadian Chamber of Commerce is the largest business association in Canada and connects businesses from across the country to advocate for public policies that will foster a competitive economic environment that benefits businesses and communities in Canada.

In April 2020, the Canadian Chamber of Commerce established the Canadian Business Resilience Network to help the business community prepare and persevere through the pandemic. The Canadian Business Resilience Network provides businesses with information on available government assistance (e.g., Canadian Emergency Rent Subsidy, Canada Recovery Caregiving Benefit) as well as tools and other supports for business continuity efforts.

The Canadian Chamber of Commerce supports and is engaged in the Canada-United States Regulatory Cooperation Council. This Council aims to increase regulatory cooperation efforts between the United States and Canada, and promotes economic growth, competitiveness, and job creation through the elimination of unnecessary regulatory differences between the two countries.

Role of the President of the Treasury Board

As the Minister responsible for leading whole-of-government work to continuously improve and streamline Canada’s regulatory system, a meeting with the Canadian Chamber of Commerce would enable the President of the Treasury Board to hear the perspectives of Canadian businesses on how the regulatory system can support economic recovery as well as opportunities for regulatory cooperation and harmonization.

Issues of note

Due to the impacts of the COVID-19 pandemic on Canadian businesses, the Canadian Chamber of Commerce has advocated for the interests of its members on a number of pandemic response and regulatory issues:

• In August 2021, the Canadian Chamber of Commerce released the What It Takes to Grow report, outlining recommendations for the next Parliament to ensure a strong economic recovery. The report proposes increased supports for small and medium-sized businesses, education and training, and inclusive growth. In addition, the report emphasizes continued progress of regulatory reform and addressing interprovincial trade barriers. 
• An August 2021 media release recommended creating a replacement program for the Canada Emergency Wage Subsidy and Canada Emergency Rent Subsidy for sectors still experiencing pandemic restrictions through spring 2022, and debt-relief by forgiving interest payments on COVID-related government loans for small and medium-sized enterprises in the hardest-hit sectors. The media release also recommended not introducing new taxes on businesses during the recovery.
• To help avoid potential future lockdown measures, in an August 2021 media release the Canadian Chamber of Commerce recommended that governments implement digital vaccine certificates, provide clarity on legal requirements for requiring employees and customers regarding vaccine status, expand rapid testing and continue promoting vaccine uptake.
• A December 2020 Policy Resolution identified the importance of regulatory reconciliation in strengthening competitiveness, re-employment, and small business growth in the recovery from the COVID-19 pandemic. The resolution identified that progress should continue through the Regulatory Reconciliation and Cooperation Table and recommended using mutual recognition agreements to expand regulatory harmonization.
• In April 2020, the Canadian Chamber of Commerce shared a letter with the President of the Treasury Board that proposed postponing all new non-essential regulations and unnecessary consultations that would detract members’ ability to manage the current crisis.

Prior to the pandemic, the Canadian Chamber of Commerce shared its perspectives on issues and opportunities for modernizing Canada’s regulatory system:

• In September 2019, the Canadian Chamber of Commerce suggested expanding international regulatory cooperation on pest management and cannabis products, introducing regular public reporting on regulatory roadmap progress, expanding the Red Tape Reduction Act to further reduce regulatory burden, creating more expansive regulatory engagement, and assessing the cost implications of regulations on business.
• In August 2019, the Canadian Chamber of Commerce released its Regulatory Reform Report Card, scoring the Government of Canada’s progress on its recommendations made in the Chamber of Commerce’s previous report Death by 130,000 Cuts: Improving Canada’s Regulatory Competitiveness. The report card gave the government a “B” grade and recommended continued progress on improving regulatory consultations on instrument selection, improving cost-benefit analyses of regulatory proposals, and pushing for more ambitious regulatory cooperation and harmonization efforts.

Mandate

Shalanda Young is the United States counterpart to the President of the Treasury Board for the Canada-United States Regulatory Cooperation Council. The Canada-United States Regulatory Cooperation Council aims to increase regulatory cooperation efforts between Canada and the United States, and promotes economic growth, competitiveness, and job creation through the elimination of unnecessary regulatory differences between the two countries.
The Office of Management and Budget is responsible for federal budget development and execution, management and oversight, coordination, and review of federal regulations from executive agencies, clearance of Presidential Orders, memoranda to agency heads and clearance and coordination of legislative materials.
The United States Office of Information and Regulatory Affairs, a part of the Office of Management and Budget, is responsible for reviewing Executive Branch regulations, promoting international regulatory cooperation, improving regulations and regulatory review, and improving coordination of federal regulations.

Role of the President of the Treasury Board

As the Minister responsible for whole-of-government work on regulatory policy and regulatory cooperation, a meeting between the President of the Treasury Board with Shalanda Young would further efforts for regulatory cooperation and harmonization between Canada and the United States.

Issues of note

In August 2021, the United States Office of Information and Regulatory Affairs requested a meeting between senior government officials to reaffirm Canada’s commitment to the Canada-United States Regulatory Cooperation Council. A meeting between the Acting Director of the Office of Management and Budget and the President of the Treasury Board would help to solidify the Canada-United States regulatory relationship and bolster support for new regulatory cooperation opportunities. 

In February 2021, the Prime Minister and the President of the United States acknowledged the impact of international regulatory cooperation on enhancing economic competitiveness and well-being while maintaining high standards of public health, safety, labour, and environmental protection.