Parliamentary Committee Appearance Binder for Jean-Yves Duclos, President of the Treasury Board before the Standing Committee Before the House of Commons Standing Committee on Government Operations and Estimates (OGGO) on June 16, 2021 for the Supplementary Estimates (A) 2021-2022

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On this page

Opening statement and presentation

In this section

1. Speech for the Honourable Jean-Yves Duclos, President of the Treasury Board, to the Standing Committee on Government Operations and Estimates (OGGO) on the Supplementary Estimates (A), 2021–22

Ottawa

Check against delivery

Introduction

Thank you, Mr. Chair.

I would like to thank the Committee for inviting me to speak about the Supplementary Estimates (A), 2021–22, which were tabled on May 27.

I’m joined today by the following TBS officials:

  • Glenn Purves, Assistant Secretary, Expenditure Management Sector
  • Karen Cahill, Assistant Secretary and Chief Financial Officer for the Treasury Board of Canada Secretariat
  • Roger Ermuth, Assistant Comptroller General, Financial Management Sector, Office of the Comptroller General
  • Tolga Yalkin, Assistant Deputy Minister, Workplace Policies and Services
  • Sonya Read, Acting Assistant Secretary, Digital and Services Policy

Transparency

These Supplementary Estimates are one part of a broad set of reports – including the Departmental Plans, the Fiscal Monitor, the Departmental Results Reports, and the Public Accounts – that provide information on spending plans and outcomes to Canadians and parliamentarians.

We also report through GC InfoBase, an interactive online tool that presents a wealth of federal data in a visual way.

Starting last fiscal year, we made several changes to enhance the presentation of the Supplementary Estimates.

For example, we published additional information relating to the COVID-19 response in both the tabled Estimates and an online annex.

We also expanded GC InfoBase with more information on planned spending authorities and expenditures for COVID-19 response measures.

Mr. Chair, changes to forecasts of statutory spending, including those pending parliamentary approval in the first Budget Implementation Act of 2021, are also included in these Estimates.

This provides a more complete estimate of the government’s total planned expenditures.

Supplementary Estimates (A): government-wide

Through these Supplementary Estimates, the government is seeking parliamentary approval of $24.0 billion in new voted spending.

Within this proposed spending, the health, safety and well-being of Canadians are front and centre, Mr. Chair.

Approximately $11.2 billion of the proposed voted spending responds to the public health, social and economic impacts on Canadians of the COVID-19 pandemic.

  • Of that amount, some of the top expenditures include:
  • $1.5 billion for medical research, development and the purchase of vaccines
  • $1.1 billion for enhanced border and travel measures and isolation sites
  • $760.6 million for the Indigenous Community Support Fund

These Estimates also provide funding for economic responses to the pandemic, including support for targeted sectors and businesses, and to promote growth through the recovery period.

In addition, these Supplementary Estimates propose funding to address homelessness, the lack of affordable housing, and food insecurity – all of which have been exacerbated by the pandemic.

We also continue in our commitment to Indigenous peoples, with proposed funding to settle claims, and to provide housing and infrastructure in Indigenous communities, child and family services, and mental health and wellness support.

Supplementary Estimates (A): Treasury Board of Canada of Secretariat

Turning to funding for the Treasury Board of Canada Secretariat (TBS), the department is seeking $19.0 million for Phoenix stabilization and HR-to-Pay initiatives.

This funding is required to improve pay-related HR processes and systems, and to support new and ongoing employees who are addressing compensation and labour relations work related to Phoenix.

In addition, Mr. Chair, TBS received an $89,000 transfer from Employment and Social Development Canada to support the Employment Equity Task Force.

The Task Force’s mandate is to study, consult and advise on how a renewed employment equity regime could be implemented in a way that supports diversity, inclusion and respect for people.

Conclusion

Mr. Chair, my officials and I thank the Committee for exercising diligence in their ongoing study of the government’s spending to support Canadians during these challenging times.

We are available to answer any questions you may have. Thank you.

2. Overview of the Committee

Standing Committee on Government Operations and Estimates (OGGO)

Committee members
Name and role Party Riding OGGO member since
Chair
Robert Kitchen Conservative Souris–Moose Mountain October 2020 (Chair since October 2020)
Vice-Chair
Francis Drouin Liberal Glengarry–Prescott–Russell January 2016 (Vice-Chair since February 2020)
Julie Vignola Bloc Québécois Beauport–Limoilou February 2020 (Vice-Chair since February 2020)
Members

Steven MacKinnon

Parliamentary Secretary to the Minister of PSPC

Liberal Gatineau September 2017

Rachael Harder

Conservative Lethbridge February 2021

Pierre Paul-Hus

PSPC Critic

Conservative Charlesbourg–Haute-Saint-Charles October 2020
Kelly McCauley Conservative Edmonton West January 2016

Matthew Green

PSPC Critic

TBS Critic

New Democratic Party Hamilton Centre February 2020
Majid Jowhari Liberal Richmond Hill January 2018
Irek Kusmierczyk Liberal Windsor–Tecumseh February 2020
Patrick Weiler Liberal West Vancouver–Sunshine Coast–Sea to Sky Country February 2020
TBS-related Committee activity: 43rd Parliament, 2nd Session
Anticipated business
  • 2021–22 Main Estimates
  • Procurement practices within Shared Services Canada
  • Strengthening the protection of the public interest within the Public Servants Disclosure Protection Act
  • Government’s response to the COVID-19 pandemic
  • Administration of the Canada Student Service Grant and WE Charity
  • Shipbuilding procurement
  • IT infrastructure improvements
  • NucTech contracts

The House of Commons adopted a motion on January 28, 2021, to allow for the hybrid sittings of all committees until June 23, 2021.

On March 10, 2021, the Committee adopted the following motion: That, in the context of its study of the Supplementary Estimates (C) 2020–21, the Committee send for, from the Treasury Board Secretariat, all monthly COVID-19 expenditures reports and COVID-19 spending data as disclosed by the chief financial officers of all respective departments and that these documents be provided to the Committee no later than Wednesday, March 17, 2021, and then update this Committee on a monthly basis by the 15th of the month.

TBS has provided three of these reports to the Committee (March 17, April 15 and May 11, 2021), as well as the information submitted by organizations to TBS (April 23, 2021). The information is now also available publicly on GC InfoBase (as of May 12, 2021).

Supplementary Estimates (A) 2021–22

Appearance scheduled for June 16, 2021

Main Estimates 2021–22 and Departmental Plans 2021–22

The President of the Treasury Board began with opening remarks describing the Main Estimates 2021–22 government-wide and for Treasury Board, including funding for economic support for Canadians, vaccine funding and virtual care. The Departmental Plan 2021–22 for TBS highlighted the support and guidance for the COVID-19 response, working with the Department of Finance Canada on the government’s financial impacts, support for a supportive and inclusive workplace, reducing greenhouse gas emissions, and reducing burden in regulatory affairs.

The Committee asked a variety of questions on the items in the Main Estimates 2021–22 and the TBS Departmental Plan 2021–22. The Members were interested in the TBS initiatives related to diversity and inclusion, and the target numbers for executives set out in the Departmental Plan. Members also expressed curiosity of TBS’s involvement in the approval of COVID-related contracts and expenditures (for example, the Canada Emergency Wage Subsidy). Mme Julie Vignola (Bloc Québécois) expressed particular interest in the Phoenix damages file and the improvements set out by TBS to enhance bilingualism in the public service.

Interest in TBS / Minister of Digital Government Portfolio

Conservative

  • Hazard pay for front-line workers (Correctional Service Canada employees)
  • Treasury Board approval of the government programs (COVID measures)
  • Access to information response times
  • Diversity and inclusion in the public service

Liberal

  • Diversity and inclusion in the public service
  • Taxation of Phoenix damages
  • Return to the workplace plans for the public service
  • Low-Carbon Fuel Program (Budget 2021)
  • Improvements to financial transparency
  • Modernization of the Official Languages Act

Bloc Québécois

  • Phoenix stabilization and damages
  • Official Languages Act in the public service
  • Methods of calculations for expenses related to COVID-19
  • Improvements to the access to information system

New Democratic Party

  • Official Languages Act in the public service
  • Review of the Employment Equity Act
Other relevant parliamentary activity
Supplementary Estimates (C) 2020–21 and Departmental Results Reports 2020–21
Meeting summaries

April 12, 2021: follow-up meeting to TBS appearance on Supplementary Estimates (C) 2020–21

Mr. Glenn Purves gave an opening statement to provide the Committee with additional context for the amounts provided in the documents provided by TBS on March 17, 2021. Mr. Purves welcomed the Committee’s feedback on the documents and encouraged the Committee to request more detailed information on any specific measure from the responsible departments. The final expenditures for the fiscal year 2020–21 will be available in the Public Accounts which are expected to be tabled in the fall 2021.

Members expressed frustration at the level of detail provided by TBS in the March 17, 2021, documents and requested that the next reporting be the detailed information provided by all departments. TBS committed to providing reporting with the detailed level of information as requested by the Committee. TBS officials explained how reporting was done by departments every month through Titan and the ways in which parliamentarians and Canadians can rely on GC InfoBase to find the expenditure information. Members had many questions relating to details of other department expenditures, which TBS does not track.

March 10, 2021: Supplementary Estimates (C) 2020–21 and Departmental Results Reports 2020–21

Members were cordial and polite with the witnesses. Questions were technical at times in nature. Members were inquisitive about the funding to the Public Health Agency of Canada for vaccines and personal protective equipment and were interested in a breakdown of the information. The Members were also keen to receive further information about the Phoenix damages payments and how those funds were being reported on. Questions also focused on the reduction of greenhouse gas emissions, and the official languages white paper. Members were supportive of TBS’s initiative to promote fiscal transparency.

Interest in TBS / Minister of Digital Government Portfolio

Conservative

  • TBS assessment of the purchase of the Canadian Surface Combatants (National Defence)
  • Contracts awarded to Cisco
  • Products and services provided by the Canadian Digital Service
  • Tracking of COVID spending

Liberal

  • Reduction of greenhouse gas emissions
  • Improvements to financial transparency
  • Modernization of the Official Languages Act

Bloc Québécois

  • Amounts allocated for Phoenix damages payments (including taxation)
  • Methods of calculations for expenses related to COVID-19

New Democratic Party

  • Difference between grants and contributions
  • Procurement assessments
Other relevant parliamentary activity
Government response to COVID-19
Meeting summaries

May 10, 2021: public servants (Office of the Chief Human Resources Officer (OCHRO) officials)

In her opening remarks, Marie-Chantal Girard (TBS) provided the Committee with an overview of the guidance provided to public servants over the course of the pandemic. Additional resources for information technology (IT) infrastructure, temporary changes to the Public Service Health Care Plan and better access to mental health services have all been added to support public servants as they navigate the pandemic. Members showed curiosity of the reasoning behind the changed guidance and directives in leave code 699 and requested statistics specifically how it has impacted women and primary caregivers. The Members also had many questions surrounding the plan for the return to the workplace.

Mr. Matthew Green (New Democratic Party (NDP)) moved the following motion; it was adopted unanimously by the Committee (exact wording will be verified against the transcript) :

Pursuant to Standing Order 108(4) that the committee undertake a study of the Public Service Pension Investment Board (PSPIB) ownership of Revera, including the Chair of PSPIB and the Chair of Revera Inc.

During the second hour, each of the Presidents from Professional Institute of the Public Service of Canada, Public Service Alliance of Canada (PSAC) and the Service Employees International Union Health care gave opening remarks. All of the Presidents congratulated the hard-working public service for continuing the work and the adaptation of working from home. The President of the Professional Institute of the Public Service of Canada, PSAC, expressed that overall, the government has done well with a few hiccups with some troublesome departments and/or managers misinterpreting TBS directives. All the unions expressed their concern about directives given out about leave code 699, making it more difficult for women and primary caregivers. Members asked the witnesses about their opinion in the way the change in leave code 699 has impacted public servants; the Presidents from the unions were all clear that this has had a negative impact and has created confusion when the decision is left to the manager’s discretion.

February 17, 2021: Information Commissioner

The Information Commissioner began by reiterating that the right to access cannot be ignored, even during an emergency. She outlined the ways in which departments and agencies should be working to help with this right to access to ensure accountability. The government has not met expectations; however, there are some encouraging signs such as institutions regaining ability to process access to information requests. The postponement of the Access to Information and Privacy (ATIP) Online Request system and the delay in the Access to Information Act review is disappointing. There were, and continue to be, steps that can be taken immediately that do not require legislative change. Mme Maynard outlined the measures in the submission she sent to the President of the Treasury Board.

The Information Commissioner was critical of the leadership and guidance provided by the Treasury Board and reiterated throughout the meeting that concrete action was not being taken. The Commissioner is concerned about the ability for the ATIP process to keep up and the lack of resources (both in human resources and IT). The Commissioner expressed concern with the way in which reporting is done by TBS, including monthly departmental statistics and a better understanding of the current situation with ATIP shops. The Commissioner believes that vaccine contracts could be disclosed with the protection of certain elements in them. She also reinforced that proactive disclosure would solve a lot of the strain on the ATIP system, using examples such as Australia.

The Committee adopted a motion moved by Mr. Kelly McCauley (Conservative Party of Canada (CPC)) to readopt the Committee’s 2017 Report (Strengthening the Protection of the Public Interest within the Public Servants Disclosure Protection Act) and request a government response. The Committee will also request that the President of the Treasury Board appear for a progress update on the recommendations.

January 27, 2021: Parliamentary Budget Officer

The Parliamentary Budget Officer gave brief opening remarks on the progress of the tablings and projections his office has released, including the projections and analysis on the items outlined in the Federal Economic Statement 2020. The Parliamentary Budget Officer is expecting to deliver the new shipbuilding cost analysis to the Committee on time (by the end of the month).

The meeting continued the discussion from the December 10, 2020, meeting with the Parliamentary Budget Officer about the lack of transparency from the government on government spending. The Parliamentary Budget Officer was adamant that the method being used before last summer’s prorogation was extremely helpful to the continued work of the Parliamentary Budget Officer and ability to project information. When prompted by the Liberal Party of Canada (LPC) Members, the Parliamentary Budget Officer stated that the measures announced and underway with the projected and actual expenditures would be helpful. The Parliamentary Budget Officer also expressed concern about the lack of financial anchor or budget and expressed the opinion that there was not an apparent reason for not having either. Members on all sides expressed continued concern about departments ability to respond to the Parliamentary Budget Officer in a timely fashion to allow for the continuation of costing and projection reports.

Interest in TBS / Minister of Digital Government Portfolio

Conservative

  • Issues with secrecy within the public sector
  • Asked questions on possible ATIP reform
  • Protection of whistleblowers
  • Transparency of procurement contracts related to COVID
  • Results of the Public Service Employee Survey 2021
  • Use of leave code 699 in the public service / use of sick leave
  • Return to the workplace / working remotely
  • Rapid testing requirements

Liberal

  • Protection of whistleblowers
  • Return to the workplace / working remotely
  • Rapid testing requirements
  • Teleworking policy (before and after the pandemic)
  • Phoenix damages

Bloc Québécois

  • Transparency of procurement contracts related to COVID
  • Access to ergonomic equipment for public servants
  • Phoenix damages
  • Official languages in the public service
  • Leave code 699

New Democratic Party

Other relevant parliamentary activity
Briefing on the Parliamentary Budget Officer’s reports
Meeting summaries

December 2, 2020: Parliamentary Budget Officer

The Parliamentary Budget Officer gave brief opening remarks on the change in timing in the supply cycle and raised concerns about the authorities approved in legislation for COVID-19 relief, making it difficult to track the government’s spending.

The Committee was concerned about the Parliamentary Budget Officer’s inability to get the information needed to properly track government spending and the inconsistencies in processes in the different departments to be able to provide information in response to his requests quickly. The Parliamentary Budget Officer stated that the reports proactively provided to the Finance Committee (FINA) were helpful for tracking the pandemic spending to date, but this request died with prorogation and the government has not continued this practice. He also stated that accountability has been lost in terms of expenditures in real time. The Parliamentary Budget Officer commended the efforts by TBS of collecting as much information as possible on GC InfoBase but was clear that not all the information was available on the website. CPC Members continued to express concern over the number of public servants still using leave code 699 for work limitations when the government has been clear that all public servants should have remote access. The Parliamentary Budget Officer explained that the leave is still being used because some work is required to be physically in the workplace but that this category was very broad, and he could not list all the examples. He also commented on the low morale he has observed in the public service, particularly in the areas that are responding directly to the pandemic. When asked for his opinion, the Parliamentary Budget Officer offered observations on the fact that it was unusual for a large program like the Canada Student Service Grant not to be approved through a Treasury Board submission.

Interest in TBS / Minister of Digital Government Portfolio

Conservative

  • Transparency of COVID spending by the government
  • Personal protective equipment procurement and contracts
  • Treasury Board approval for COVID relief programs
  • Leave 699
  • Parliamentary Budget Officer request for information on pay equity deemed Secret (Report)

Liberal

  • Quality of information provided to Finance Committee (FINA) in the 43-1 Parliament by Finance
  • Projects for full-time employees in the public service

Bloc Québécois

  • Quality of information provided on GC InfoBase by TBS for COVID-related spending

New Democratic Party

  • Quality of information provided on GC InfoBase by TBS for COVID-related spending
  • Critical of IT infrastructure programs
Other relevant parliamentary activity
Supplementary Estimates (B) 2020–21
Meeting summaries

November 30, 2020: President of the Treasury Board

Members were mostly cordial with witnesses but expressed frustration at the answers provided in response to questions related to transparency. Questions focused on the responsibility of the requirements under the Official Languages Act for any new implementation of programs, as well as a request for clarity on the process. Members were also concerned with the lack of clarity in terms of the amount of funds allocated toward COVID-19 measures, as well as any future spending into these measures. The President also spoke of the Greening Government Strategy that was released earlier this week and the progress of Canada’s Centre for Regulatory Innovation.

Interest in TBS / Minister of Digital Government Portfolio

Conservative

  • Transparency of COVID spending by the government
  • Official languages concern for access to information requests
  • Official languages requirements and guidelines for Treasury Board submissions

Liberal

Bloc Québécois

  • Requested more information on funding for vaccines for Canadian researchers
  • Forecasting of public servant salaries
  • Requested a clear chart of COVID-19 measures, spending to date, and future planned spending for each measure

New Democratic Party

  • Parliamentary Budget Officer criticism at lack of transparency with COVID-19 spending by the government
  • Requested a clear chart of COVID-19 measures, spending to date, and future planned spending for each measure
  • TBS Response
Other relevant parliamentary activity (QP, OPQs, debate, tablings)
Main Estimates 2020–21
Meeting summaries

November 25, 2020: Minister of Digital Government

The Members were primarily concerned with network security and the IT issues that the Government of Canada faces. The CPC Members were seized with the issue of quantum computing and how Canada is working towards preventing an attack by this system. The CPC and NDP Members also wanted more information and updates on the ATI progress that the government has made after the initial problems in the spring. The Minister of Digital Government and Officials highlighted that ATI requests and transparency remain a priority for the government. Shared Services Canada and TBS officials spoke of the efforts being made by the government to modernize and maintain the IT systems, while ensuring security is a priority.

The Committee carried all votes referred to the Committee on the Main Estimates 2020–21 on division.

November 4, 2020: President of the Treasury Board

Members were mostly cordial with the witnesses but were sometimes impatient with lengthier responses. The questions focused on the themes of transparency and accountability by the Treasury Board in spending and procurement policies. The comment in the most recent Parliamentary Budget Officer Report on the lack of transparency in Supplementary Estimates (B) was brought to the attention of the witnesses by several Members. Members were also concerned about the mental health of public servants throughout the pandemic and the use of leave code 699, as well as the future of working from home (such as the purchase of home office furniture and the divesting of buildings). Officials from the Department of Finance Canada were also asked about plans for the tabling of a Budget, which does not yet have a determined date.

Interest in TBS / Minister of Digital Government Portfolio

Conservative

Liberal

  • Official languages in the public service
  • Public servant mental health
  • Greenhouse gas emissions
  • Phoenix stabilization

Bloc Québécois

New Democratic Party

  • Parliamentary Budget Officer request for information on pay equity deemed Secret (Report)
  • Diversity and inclusion in the public service executive levels
Other relevant parliamentary activity (QP, OPQs, debate, tablings)

Chair: Robert Kitchen (Manitoba: Souris–Moose Mountain) – Conservative member

Robert Kitchen
  • Elected as the Member of Parliament for the riding of Souris–Moose Mountain in 2015.
  • Educated as a chiropractor and served on several provincial and federal committees prior to entering politics in 2015.
  • Served as a member on the Health Committee in the 43-1 Parliament and as the Vice-Chair on the Veterans Affairs Committee in the 42nd Parliament.
  • Has previously subbed for Conservative members on the OGGO Committee in past Parliament.

1st Vice-Chair: Francis Drouin (Ontario: Glengarry–Prescott–Russell) – Liberal member

Francis Drouin
  • Elected as the Member of Parliament for the riding of Glengarry–Prescott–Russell in 2015.
  • A member of the Standing Committee on Government Operations and Estimates and the Standing Committee on Agriculture and Agri-Food. Also a previous member of both those committees in the 42nd Parliament.
  • Prior to his election, Mr. Drouin worked as a special assistant in the Office of the Ontario Premier.

2nd Vice-Chair: Julie Vignola (Quebec: Beauport–Limoilou) – Bloc Québécois member

Julie Vignola
  • Elected as the Member of Parliament for the riding of Beauport–Limoilou in 2019.
  • Bloc Québécois Critic for Public Services and Procurement and government operations.
  • Former high school teacher and vice-principal.
  • Interested in and involved with various community well-being organizations, for example, Lions Club, Canada World Youth.
  • Advocate for Quebec’s independence.

Steven MacKinnon (Quebec: Gatineau): Liberal member, Parliamentary Secretary to the Minister of Public Services and Procurement

Steven MacKinnon
  • Elected as the Member of Parliament for the riding of Gatineau in 2015.
  • Parliamentary Secretary to the Minister of Public Services and Procurement.
  • Previously a non-voting member of the Standing Committee on Public Accounts and the Standing Committee on Government Operations and Estimates.
  • Previously a member of the Standing Committee on Finance.
  • Prior to his election, Mr. MacKinnon was a senior vice president at a global consultancy firm.
  • Mr. MacKinnon served as an advisor to former Prime Minister Paul Martin and former New Brunswick Premier Frank McKenna.

Rachael Harder (Lethbridge, Alberta): Conservative member

Rachael Harder
  • Elected as the Member of Parliament for the riding of Lethbridge in 2015.
  • Official Opposition Critic for Digital Government.
  • Formerly served as the Shadow Minister for Status of Women and the Shadow Minister for Youth and Persons with Disabilities.
  • Previously served as the Chair of the Standing Committee on Access to Information, Privacy and Ethics (ETHI) in the 43-1 Parliament.
  • Serves as a member on the Standing Committee on Natural Resources (RNNR).

Pierre Paul-Hus (Quebec: Charlesbourg–Haute-Saint-Charles): Conservative member

Pierre Paul-Hus
  • Elected as the Member of Parliament for the riding of Charlesbourg–Haute-Saint-Charles in 2015.
  • Official Opposition Critic for Public Services and Procurement
  • Role as the lead editor for the PRESTIGE Media Group giving him experience with business, political and cultural sectors in Quebec City.
  • Previously served as the Official Opposition Critic for Public Safety and Emergency Preparedness
  • Served as Vice Chair of the Standing Committee on Public Safety and National Security (SECU) in the 43-1 and the 42nd Parliament.
  • Also a current member of the Canada-China Relations Committee (CACN)

Kelly McCauley (Alberta: Edmonton West): Conservative member

Kelly McCauley
  • Elected as the Member of Parliament for the riding of Edmonton West in the 2015.
  • Previously served on the Standing Committee on Government Operations and Estimates.
  • Served on the Executive Committee of the Board of Northlands, the Board of Alberta Aviation Museum.
  • Chairperson of the Employmnet Insurance Board of Referees for Edmonton and Northern Alberta.
  • Hospitality professional (managing hotels and convention centres).

Matthew Green (Ontario: Hamilton Centre): New Democratic Party member

Matthew Green
  • First elected in the 2019 federal election in the riding of Hamilton Centre (formerly held by NDP MP David Christopherson).
  • NDP Critic for Treasury Board, National Revenue, Public Services and Procurement, and Deputy Critic for Ethics.
  • Former Councillor for the City of Hamilton (2014 to 2018).
  • Member of the House of Commons Standing Committee on Public Accounts (PACP).
  • Member of the Canada-Africa Parliamentary Association (CAAF) and the Canadian Section of ParlAmericas (CPAM).

Majid Jowhari (Ontario: Richmond Hill): Liberal member

Majid Jowhari
  • Elected as the Member of Parliament for the riding of Richmond Hill in the 2015.
  • Previously a member of the Standing Committee on Government Operations and Estimates and the Standing Committee on Industry, Science and Technology.
  • A member of the Standing Committee on Government Operations and Estimates and the Standing Committee on Industry, Science and Technology.
  • Prior to his election, Jowhari was a licensed Professional Engineer from 1995 to 1999 and founded his own boutique consulting firm to provide advice to chief financial officers.
  • In 2018, the Canadian Alliance on Mental Illness and Mental Health named Majid Jowhari as a Parliamentary Mental Health Champion.

Irek Kusmierczyk (Ontario: Windsor–Tecumseh): Liberal member, Parliamentary Secretary to the Minister of Employment, Workforce Development and Disability Inclusion

Irek Kusmierczyk
  • Elected as the Member of Parliament for the riding of Windsor–Tecumseh in the 2019.
  • A member of the Standing Committee on Government Operations.
  • Parliamentary Secretary to the Minister of Employment, Workforce Development and Disability Inclusion.
  • Prior to his election, Mr. Kusmierczyk was a city councillor for the Windsor City Council.


Patrick Weiler (West Vancouver–Sunshine Coast–Sea to Sky Country): Liberal member

Patrick Weiler
  • Elected as the Member of Parliament for the riding of West Vancouver–Sunshine Coast–Sea to Sky Country in 2019.
  • Member of the Standing Committee on Natural Resources.
  • Environmental and natural resource management lawyer.
  • Represented First Nations, municipalities, small businesses and non-profits on environmental and corporate legal matters within this riding.
  • He is a champion of the Liberal government’s Pan-Canadian Framework on Clean Growth and Climate Change.

3. Overview of Supplementary Estimates (A), 2021–22 and Budget 2021 implementation

Issue

Additional spending presented in Supplementary Estimates (A), 2021–22 and the implementation of new programs announced in Budget 2021.

Key facts

  • Supplementary Estimates (A), 2021–22 present a total of $41.2 billion in budgetary spending.
  • Statutory expenditures are forecast to increase by $17.2 billion.
  • $24.0 billion will be voted, an increase of 17% over the spending authorities approved by Parliament in the Main Estimates.
  • Of the amount to be voted, $11.2 billion (47%) is for the government’s response to the public health, social and economic impact on Canadians of the COVID-19 global pandemic.
  • $29.5 billion of the total funding presented in these Supplementary Estimates is for Budget 2021 announcements, including affordable housing, child care, and COVID-response and recovery measures.

Response

  • Through the Supplementary Estimates (A), 2021–22, the government is seeking Parliament’s authority to spend $24.0 billion in voted expenditures.
  • The Supplementary Estimates also include, for information purposes only, details regarding an increase in forecast statutory expenditures of $17.2 billion.
  • The planned expenditures support the government’s priorities, including public health and economic responses to the COVID-19 pandemic, services to address the specific needs of Indigenous communities, and programs to support the homeless.
  • Supplementary Estimates (A) includes funding for some measures announced in Budget 2021, such as:
    • Canada Mortgage and Housing Corporation: Rapid Housing Initiative
      ($1.5 billion)
    • Indigenous Services Canada: Indigenous Community Support Fund ($760.6 million)

Background

Overview of Supplementary Estimates (A), 2021–22

The Supplementary Estimates (A), 2021–22 is the first of three Supplementary Estimates planned for this fiscal year.

Most of the $24.0 billion in voted budgetary spending is for:

  • emergency responses to the COVID-19 pandemic, including medical research, vaccine acquisition, public health measures in Indigenous communities, border and travel measures, support for long-term care, testing, contact tracing, data management and deployment of mobile health units
  • measures to address homelessness, the lack of affordable housing and food insecurity, all of which have been exacerbated by the pandemic
  • economic responses to the pandemic, including support for targeted sectors and businesses as well as to promote post-pandemic economic growth
  • settlement agreements with Indigenous groups, housing and infrastructure in Indigenous communities, child and family services, and mental health and wellness support
  • early learning and child care

These Estimates show, for information purposes, changes in planned statutory expenditures, including expenditures pursuant to the proposed Budget Implementation Act, 2021, No. 1 (Bill C-30).

The increase of $17.2 billion in budgetary statutory expenditures is mainly due to the following increases:

  • payments related to the Canada Health Transfer ($4.0 billion)
  • benefits under the Canada Recovery Benefits Act ($3.9 billion)
  • payments to provinces and territories in respect of early learning and child care ($2.6 billion)
  • contributions related to the Canada Community-Building Fund, formerly the Gas Tax Fund ($2.3 billion)
  • one-time payment to Old Age Security pensioners 75 or older ($1.7 billion)
  • Canada Student Grants ($1.1 billion)
  • payments to the provinces and territories in respect of Canada’s COVID-19 immunization plan ($1.0 billion)
  • The Supplementary Estimates (A), 2021–22 also present $224.4 million in loans, investments and advances
Budget 2021 implementation and alignment
  • The Estimates have a narrower scope than the Budget forecast. They focus on the portion of the government’s cash needs that require annual parliamentary appropriations.
  • Supplementary Estimates (A) include roughly 75% of the spending announced in Budget 2021 for the current fiscal year, 2021–22.
  • The Estimates do not report on Employment Insurance benefits, nor payments made through the tax system, such as children’s benefits, the Canada Emergency Wage Subsidy, and the Canada Emergency Rent Subsidy.
  • These Supplementary Estimates include a chart reconciling the accrual-based Budget 2021 forecast to the cash-based 2021–22 Estimates spending authorities.
  • $29.5 billion in new spending from Budget 2021 is reflected in these Estimates:
    • $21.9 billion in forecast statutory expenditures, including those proposed in Bill C-30, Budget Implementation Act, 2021, No. 1
    • $7.6 billion in amounts to be voted in an appropriation bill; additional voted authorities will be sought in future Estimates

Supplementary Estimates (A) 2021–22: government-wide / largest departments

In this section

4. Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada

Issue

What planned spending is presented in Supplementary Estimates (A), 2021–22 to advance reconciliation, support Indigenous communities and provide services for Indigenous people?

Key facts

  • Two organizations are responsible for most of the federal government funding to support Indigenous peoples, accounting for $6.4 billion of the new voted budgetary requirements presented Supplementary Estimates (A), 2021–22:
    • $5.4 billion to Indigenous Services Canada, which includes almost $2.1 billion for pandemic response measures, $1.2 billion related to anticipated out-of-court settlements and $1.1 billion to increase services for First Nations children and families
    • $1.0 billion to Crown-Indigenous Relations and Northern Affairs Canada, primarily to implement settlement agreements

Response

  • These planned expenditures support a variety of government priorities, including public health and economic responses to the COVID-19 pandemic.
  • In Supplementary Estimates (A), 2021–22, Indigenous Services Canada is requesting $2.1 billion for a number of COVID-19 response measures.
  • The department is also seeking approval of roughly $3.3 billion in funding for other programs.
  • Also, Crown-Indigenous Relations and Northern Affairs Canada is requesting funding for a number of initiatives, including the implementation of the Federal Indian Day Schools Settlement Agreement and the Sixties Scoop Settlement.

Background

In Supplementary Estimates (A), 2021–22, Indigenous Services Canada is requesting funding for a number of COVID-19 response measures. The largest dollar amounts are:

  • $760.6 million for the Indigenous Community Support Fund, which provides public health measures, support for Elders and vulnerable community members, educational and other support for children, mental health assistance, emergency response services, and measures to address food insecurity.
  • $619.6 million to continue public health responses in Indigenous communities by helping to ensure an appropriate level of surge capacity, including human resources, transportation, supplies and equipment. This funding will address pressures on existing health services and support community-led public health measures to prevent the spread of COVID-19.
  • $332.8 million to offset revenue losses, and support programs and services, in Indigenous communities.
  • $186.5 million for Indigenous community businesses that are not eligible for other pandemic support measures.

Indigenous Services Canada is also requesting funding for other programs:

  • $1.2 billion for anticipated out-of-court settlements
  • $1.1 billion to increase funding for First Nations children and families living on-reserve and in the Yukon
  • $291.9 million for operations and maintenance of infrastructure in First Nations
  • $225.2 million for infrastructure projects in Indigenous communities
  • $193.3 million for mental health and wellness

In Supplementary Estimates (A), 2021–22, Crown-Indigenous Relations and Northern Affairs Canada is requesting funding for a number of initiatives, including:

  • $610.0 million to implement the “McLean Settlement,” which compensates individuals who attended a federally controlled Indian Day School, and to support related healing, wellness, education, language, culture and commemoration projects
  • $256.6 million for individual compensation and administrative costs associated with the Sixties Scoop Settlement
  • $50.0 million for the governments of the Northwest Territories and Nunavut to respond to their critical housing and infrastructure needs
  • $40.0 million for housing for Inuit people and communities
  • $20.0 million to increase the Nutrition North subsidy

5. Public Health Agency of Canada

Issue

The Public Health Agency of Canada is seeking $4.4 billion in voted funding, related to COVID-19 in Supplementary Estimates (A), 2021–22.

Key facts

  • The Public Health Agency of Canada is spearheading health and medical measures to combat COVID-19.
  • The Agency’s request for $4.4 billion in voted funding is almost entirely for COVID-19 response measures.

Response

  • The health, safety and well-being of all Canadians are of the utmost importance to the government.
  • The $4.4 billion requested by the Public Health Agency of Canada for a number of COVID-19 response measures includes $1.5 billion for the acquisition and deployment of vaccines.

Background

In Supplementary Estimates (A), 2021–22, the Agency is requesting funding for a number of COVID-19 response measures. The largest-dollar items are:

  • $1.5 billion to acquire and deploy COVID-19 vaccines, and to provide effective therapeutic treatments
  • $1.1 billion to implement enhanced border and travel measures, to support designated quarantine sites, and to enhance compliance and enforcement measures
  • $556.2 million for medical countermeasures against COVID-19, primarily for acquisition and deployment of therapeutic treatments, vaccine equipment and vaccine packaging supplies
  • $483.6 million for research and procurement of testing technologies related to the pandemic
  • $444.2 million, for the Safe Restart Agreement, to conduct COVID-19 testing and to purchase testing equipment

6. Employment and Social Development Canada

Issue

What major planned spending is presented in Supplementary Estimates (A), 2021–22 for Employment and Social Development Canada?

Key facts

  • The department is responsible for a diverse suite of programs, including employment skills training, support for vulnerable Canadians, early learning and child care as well as the delivery of benefits to individual Canadians.
  • In Supplementary Estimates (A), 2021–22, the department is presenting $3.4 billion in new voted budgetary requirements.
  • The department also provides an updated forecast on roughly $9.5 billion in additional statutory expenditures.

Response

  • These planned expenditures support a variety of government priorities, including public health and economic responses to the COVID-19 pandemic.
  • Employment and Social Development Canada is requesting $3.4 billion in these Supplementary Estimates for diverse needs, including employment skills training, support for vulnerable Canadians, early learning and child care, and benefits to Canadians.
  • Supplementary Estimates (A) also reflect changes to forecast spending of $9.5 billion in additional statutory expenditures.

Background

In Supplementary Estimates (A), 2021–22, the department is requesting:

  • $877.0 million to support existing provincial and territorial early learning and child-care programs, and to help them attract and retain early childhood educators
    • the department also requests $319.6 million announced in Budget 2021 for the Government to work with provinces, territories and Indigenous partners to build a Canada-wide, community-based child-care system
  • $399.6 million for the Community Services Recovery Fund to help charities and non-profit organizations adapt to changes caused by the pandemic, modernize and become more resilient
  • $333.0 million for a comprehensive training strategy to drive economic recovery, including delivery of training relevant to small and medium-sized businesses, skills development, support for apprenticeships in construction and manufacturing, and training and work placements to upskill and reskill job seekers to fill jobs in demand
  • $298.3 million for the Reaching Home Initiative to prevent and reduce homelessness across Canada
  • $239.6 million for the Student Work Placement Program to continue helping post-secondary students access paid work-integrated learning placements in their field of study
  • $236.2 million for training supports for vulnerable populations facing the most barriers to skills development and employment

Supplementary Estimates (A), 2021–22 includes $9.5 billion in additional forecast spending under Employment and Social Development Canada’s statutory authorities, including those proposed in the Budget Implementation Act:

  • $3.9 billion in net adjustments to three benefits under the Canada Recovery Benefits Act, the Canada Recovery Benefit (up $8.9 billion), the Canada Recovery Caregiving Benefit (down $2.9 billion), and the Canada Recovery Sickness Benefit (down $2.1 billion)
  • $2.6 billion for provinces and territories for early learning and child care
  • $1.7 billion for a one-time payment to Old Age Security pensioners 75 or older
  • $1.1 billion in additional Canada Student Grants

7. Canada Mortgage and Housing Corporation

Issue

What planned spending is presented in Supplementary Estimates (A), 2021–22 for the Canada Mortgage and Housing Corporation?

Key facts

  • Housing helps people stay employed, do better in school and participate more fully in society. The Canada Mortgage and Housing Corporation aims to make housing affordable for everyone in Canada.
  • In Supplementary Estimates (A), 2021–22, the Corporation is presenting $1.8 billion in new voted budgetary requirements.

Response

  • These planned expenditures support a variety of government priorities, including public health and economic responses to the COVID-19 pandemic.
  • Housing helps people stay employed, do better in school and participate more fully in society.
  • Through Supplementary Estimates (A), 2021–22, the Canada Mortgage and Housing Corporation is requesting $1.8 billion in new voted budgetary requirements to make housing affordable for everyone in Canada.

Background

In Supplementary Estimates (A), 2021–22, the Corporation is requesting funding for a number of initiatives, including:

  • $1.5 billion to help address the urgent housing needs of vulnerable Canadians, especially in the context of COVID-19, through the rapid construction of affordable housing
  • $191.6 million for the National Housing Co-Investment Fund to help develop energy efficient, accessible and socially inclusive housing
  • $89.9 million to provide interest-free loans to help homeowners complete home energy retrofits
  • $21.7 million for the Granville Island Emergency Relief Fund to support the small businesses and non-profit arts and cultural venues under economic duress from COVID-19

8. Innovation, Science and Economic Development Canada (ISED)

Issue

What planned spending is presented in Supplementary Estimates (A), 2021–22 for ISED?

Key facts

  • In Supplementary Estimates (A), 2021–22, the department is presenting $1.0 billion in new voted budgetary requirements.
  • Of that $1 billion, roughly $270 million is related to pandemic response measures.

Response

  • These planned expenditures support a variety of government priorities, including public health and economic responses to the COVID-19 pandemic.
  • ISED is presenting $270 million in new voted budgetary requirements for pandemic response measures. This funding will help industry, small business facing challenges presented by the pandemic, and advance Canada’s post-pandemic economic recovery.
  • Supplementary Estimates (A) also proposes approximately $296.6 million for the Net Zero Accelerator initiative, $269.8 million to accelerate rollout of broadband infrastructure projects for underserved areas, and $90 million to create work-integrated learning placements.

Background

In Supplementary Estimates (A), 2021–22, the department is requesting funding for a number of COVID-19 response measures. The largest dollar amounts are:

  • $107.3 million to help ensure that innovative, intellectual property–rich firms have the support they need to face challenges presented by the pandemic and advance Canada’s post-pandemic economic recovery
  • $57.0 million for Sanofi in Canada for the construction of a vaccine manufacturing facility
  • $38.0 million for the Shop Local initiative supporting small business in Canada

The department is also requesting funds for other programs including:

  • $296.6 million to support the Net Zero Accelerator initiative to expedite investments in decarbonization projects, scale up clean technology and accelerate Canada’s industrial transformation
  • $269.8 million to accelerate rollout of broadband infrastructure projects in underserved areas
  • A $90 million contribution to Mitacs to create work-integrated learning placements

9. COVID-19 economic response measures and supply management

Issue

Addressing the challenges caused by the COVID-19 pandemic through Supplementary Estimates (A), 2021–22

Key facts

  • Economic response measures to the pandemic are spread over a number of organizations, including the Regional Development Agencies who are responsible for implementing programs in their areas.
  • Both statutory and voted authorities have been used to fund pandemic response measures.
  • In general, statutory authorities focus on direct support for individuals and businesses, or large-scale expenditures needed in the immediate term.
  • Supplementary Estimates (A), 2021–22 includes, for information purposes, changes to planned statutory expenditures, including expenditures to be authorized by the Budget Implementation Act, 2021, No. 1, which is currently before Parliament.

Response

  • The government is committed to supporting and promoting the health, safety and well-being of all Canadians.
  • These Supplementary Estimates request approximately $11.2 billion in new voted spending to support COVID-19 relief efforts.
  • This funding is intended for research, vaccine acquisition, testing and contact tracing, as well as public health measures for Indigenous communities and measures to address food insecurity.
  • In Supplementary Estimates (A), voted funding is also requested for a number of COVID-19 economic recovery measures aimed at helping small and medium-sized businesses, including heritage, arts, culture and sports sectors, which have faced some of the most severe impacts from the pandemic.
  • Supplementary Estimates (A) also present, for information purposes, statutory authorities already approved by Parliament, as well as substantial changes to planned statutory spending which have occurred since the tabling of Main Estimates.

Background

Economic response measures

Supplementary Estimates (A), 2021–22 reflects voted funding requested for a number of COVID-19 economic recovery measures. The largest dollar amounts are:

  • $362.6 million for airports to provide financial relief and to improve infrastructure;
  • $386.2 million to support small and medium-sized businesses
  • $190.2 million to review outstanding claims for the Canada Emergency Response Benefit and provide payments to eligible recipients
  • $181.1 million to support arts and live events workers
  • $150.0 million to promote the recovery of the heritage, arts, culture and sports sectors
  • $140.0 million to continue support for food banks and other community food organizations
  • $107.3 million to support Canada’s innovative intellectual property–rich firms
  • $100.0 million to support local festivals and community events

Supplementary Estimates (A) also includes voted funding to continue certain public health response measures, including medical research and vaccines, border and travel controls, isolation sites, and support for Indigenous communities.

Additional information on COVID-19 planned expenditures can be found in an online annex to these Estimates, and on GC InfoBase.

Supply management for COVID-19 response

Parliament has approved supply for COVID-19 response measures through appropriation acts and other legislation, which the government has reported in the Main and Supplementary Estimates.

Supplementary Estimates (A), 2021–22 presents significant changes to planned statutory spending that were announced after the tabling of Main Estimates, including these authorities relate to pandemic response measures:

  • $4.0 billion in additional payments to the provinces and territories related to the Canada Health Transfer (amendment to the Federal-Provincial Fiscal Arrangements Act proposed in the Budget Implementation Act)
  • $3.9 billion in net adjustments to the three benefits under the Canada Recovery Benefits Act: the Canada Recovery Benefit (up $8.9 billion), the Canada Recovery Caregiving Benefit (down $2.9 billion), and the Canada Recovery Sickness Benefit (down $2.1 billion)
  • $1.0 billion in payments to the provinces and territories in respect of Canada’s COVID-19 immunization plan (proposed in the Budget Implementation Act)
$44.8 million for a one-time payment to persons with disabilities pursuant to An Act respecting further COVID-19 measures

Supplementary Estimates (A) 2021–22: TBS perspective

In this section

10. Treasury Board central votes (Treasury Board Votes 10, 25 and 35)

Issue

Why is TBS requesting $600 million for the Operating and Capital Budget Carry-Forwards, TBS Votes 25 and 35, in the Supplementary Estimates (A), 2021–22?

What will the $7 million for TBS Vote 10, Government-Wide Initiatives, be used for?

Key facts

  • On behalf of the Treasury Board, TBS manages “central votes” that support the Board’s mandated roles as the employer, the general manager, and the expenditure manager for the government.
  • The request for an incremental $600 million in TBS Votes 25 and 35 responds to increased requirements due to the overall growth in departmental budgets and delayed program spending related to the pandemic.
  • The $7 million in TBS Vote 10 will be used to make payments to former employees to compensate for damages caused by the Phoenix Pay System.

Response

  • The Government of Canada ensures that departments have the funds needed to continue programs smoothly from one fiscal year to the next.
  • Funding from TBS Votes 25 and 35 provides for the Operating and Capital Budget Carry-Forward regimes, ensuring that departments can make payments for programs and projects for which spending was delayed, in part, by the COVID-19 pandemic.
  • TBS Vote 10 funding will be used for negotiated agreements with bargaining agents in 2019 and 2020, to ensure that former employees who were negatively affected by the Phoenix Pay System receive the compensation they deserve.

Background

Operating and Capital Budget Carry-Forward (TBS Votes 25 and 35)
  • There are two central votes that support the annual carry-forward regime:
    • TBS Vote 25, Operating Budget Carry-Forward, which provides cash for departments to carry forward up to 5% of their voted operating budget from one fiscal year to the next
    • TBS Vote 35, Capital Budget Carry-Forward, which provides cash for departments to carry forward up to 20% of their voted capital budget from one fiscal year to the next
  • Reference levels in these votes have not changed in several years. TBS Vote 25 was last increased in 2014–15. TBS Vote 35 has not increased since it was established in 2011–12.
  • These reference levels are insufficient to meet current requirements for two reasons:
    • the ongoing growth in departmental budgets has increased the dollar value of the maximum 5% Operating Budget Carry-Forward and 20% Capital Budget Carry-Forward limits
    • spending delays due to the COVID-19 pandemic are expected to increase the dollar value of departmental lapses
  • Increasing TBS Vote 25 by $500 million, and TBS Vote 35 by $100 million, will ensure that these central votes have sufficient resources to meet increased demand this year and the next several years.
  • Allocations to individual organizations are typically determined by late summer and reported in the fall Supplementary Estimates (B).
Phoenix damages (TBS Vote 10: Government-Wide Initiatives)
  • In 2019 and 2020, the government negotiated agreements with bargaining agents of the core public administration on compensation for damages arising from the Phoenix Pay System.
  • Because the negotiations spanned a longer time frame, there were provisions to allow the agreements signed earlier in the process to “catch up” with those signed later.
  • The catch-up provisions will be available to current and former employees who are or were members of the bargaining agents that signed in 2019. They allow for:
    • lump-sum payments of up to $1,000 for the late implementation of the 2014 round of collective bargaining
    • a top-up payment averaging $105 per eligible employee for employees making a daily rate of less than $300
  • The $7 million in these Estimates represents the cash required for payments to former employees or their estates.
  • Supply for the payments to current employees will be requested in a future Supplementary Estimates.
  • These settlements release the government from all individual, group and policy grievances, complaints of unfair labour practices, and any other litigation related to the late implementation of the 2014 round of collective bargaining.

11. TBS Vote 1: Program Expenditures

Issue

How much is TBS seeking in the 2021–22 Supplementary Estimates (A) for its Vote 1, Program Expenditures?

Key facts

  • TBS is seeking parliamentary approval for a $19.1 million increase in Vote 1, Program Expenditures:
    • $19 million funding for Phoenix stabilization and HR-to-Pay initiatives (Budget 2021)
    • $100,000 transfer from Employment and Social Development Canada to allow OCHRO to support the Employment Equity Task Force on modernizing the Employment Equity Act

Response

  • Through these Supplementary Estimates, TBS is seeking $19.0 million for Phoenix stabilization and HR-to-Pay initiatives (Budget 2021).
  • The funding is required to improve pay-related HR processes and systems, and to support new and ongoing employees who are addressing compensation and labour relations work related to Phoenix.
  • In addition, TBS would receive a $100,000 transfer from Employment and Social Development Canada to support the Employment Equity Task Force.
  • Announced in the Fall Economic Statement 2020, the task force would study, consult, and advise on how a renewed employment equity regime could be implemented in a way that supports diversity, inclusion and respect for people.

Background

TBS will be seeking parliamentary approval to increase its Vote 1, Program Expenditures authorities, in 2021–22 by $19.1 million for the following:

  • $19 million funding for Phoenix stabilization and HR-to-Pay initiatives (Budget 2021). This funding would be used to ensure that TBS can continue to represent the Treasury Board as the Employer in HR-Pay-Pension stabilization and modernization. This funding would be used by OCHRO to fund new and renewed full-time equivalents for improving pay-related HR processes and systems, fulfilling TBS leadership and roles to set and monitor direction for HR infrastructure, and addressing outstanding pay-related grievances, litigation, and out-of-pocket expenses and damages.
  • $0.1 million transfer from Employment and Social Development Canada to allow OCHRO to support the Employment Equity Task Force on modernizing the Employment Equity Act. OCHRO will provide specific insights on the public service context to ensure that the task force considers the current application of the act in this context and that the ultimate recommendations can be implemented in a way that supports the concepts of diversity and inclusion and respect for people that underpin public service values.

Hot issues for TBS: supply cycle

In this section

12. Transparency in financial reporting and reporting on COVID-19 expenditures

Issue

How is the government informing parliamentarians and Canadians about its planned and actual spending, including the extraordinary amounts being spent in response to COVID-19?

Key facts

  • As in previous years, the Supplementary Estimates tabled after the federal Budget includes a reconciliation of the current year’s Estimates to date with the spending measures announced in the Budget. In these Supplementary Estimates, there is comparison of planned cash expenditures in the Estimates with the accrual-based forecast set out in Budget 2021.
  • Recognizing the extraordinary circumstances and spending levels driven by the pandemic, TBS also introduced detailed reporting on activities related to COVID-19:
    • Part I of the Main Estimates, the Government Expenditure Plan, included a listing of relevant legislation
    • Supplementary Estimates (A), 2021–22 provides an update on recently introduced legislation
    • Online annexes to the Estimates documents provide further details on COVID-19 expenditures
    • GC InfoBase includes spending authorities linked to the 2020–21 and 2021–22 Estimates
    • Beginning in March 2021, TBS has reported monthly to this Committee on the estimated expenditures reported by departments

Response

  • The Estimates documents, including the Departmental Plans and Departmental Results Reports, present parliamentarians and Canadians with details on the government’s planned spending.
  • These Estimates continue to include a reconciliation of the current year’s Estimates to date with the spending outlook announced in the Budget.
  • This reporting through the Estimates is in addition to information on COVID-19 expenditures reported by departmental chief financial officers and provided to this Committee.The latest financial information, including planned spending authorities and estimated expenditures, for COVID-19 response measures is publicly available on GC InfoBase and Open Government.

Background

The government provides Parliament with detailed financial information throughout the year.

Before introducing the first appropriation bill of the fiscal year, the government tables a Main Estimates, which presents Parliament with information on planned spending. Additional funding requirements during the fiscal year are presented in Supplementary Estimates.

The government also tables the Departmental Plans of individual organizations, at the same time as the Main Estimates or soon afterwards, presenting the results expected over the next three years.

The Estimates documents include information on planned spending, which is approved by Parliament either through an appropriation bill or through separate legislation. They also show how departments will spend their funding on various categories of goods and services (standard objects), and by program or purpose.

The government reports actual spending during the fiscal year, through the Fiscal Monitor, a report prepared by the Department of Finance Canada that consolidates financial results monthly.

After the end of the year, financial and program results are published in the Public Accounts and in individual Departmental Results Reports.

Ministers and departmental officials appear regularly before standing committees, to support Parliament’s scrutiny of government spending by answering questions and providing supplemental information.

COVID-19 reporting

Due to the unprecedented levels of spending in response to the pandemic, Parliament has been provided with information beyond what is normally prepared.

In 2020, the Minister of Finance reported through the spring and summer, on a biweekly basis, to the House of Commons Standing Committee on Finance on the use of statutory spending authorities in responding to COVID-19.

More reporting was also included in Supplementary Estimates (C), 2020–21, Main Estimates, 2021–22, and Supplementary Estimates (A), 2021–22, including:

  • a summary of financial authorities under COVID-19-related legislation
  • a COVID-19 online annex which reconciles the amounts shown in Estimates with the expenditures announced in the COVID-19 Economic Response Plan

Information on COVID-19 authorities by response measure is available on GC InfoBase. It will be updated regularly, providing Canadians with an easy-to-use, government-wide view of spending in response to COVID-19.

Information on estimated expenditures is being reported monthly to the Standing Committee on Government Operations and Estimates and is available on GC InfoBase and the Open Government portal.

These estimated expenditures include only the cash payments that have been made to suppliers of goods and services, and to recipients of grants and contributions. Questions about the implementation status or results achieved for a measure need to be directed to the responsible organization. Final expenditures for 2020–21 will be reported in the Public Accounts of Canada 2021 (expected fall 2021).

Other data on government finances, people and results is available on GC InfoBase, an online visualization tool that turns complex data into simple, visual stories.

COVID-19 human resources (HR) management and guidance

In this section

13. COVID-19 and health and safety of the public service

Issue

Impacts to the federal workforce, and measures taken with respect to occupational health and safety, duty to accommodate and the involvement of bargaining agents.

Key facts

  • As the response to the third wave of the pandemic continues to drive down the number of positive cases of COVID-19 and related variants of concern throughout Canada, governments and public health authorities are responding with measures according to regional and local circumstances and needs.
  • Vaccination rates are steadily increasing across Canada, and it is expected that public health advice and public behaviour will continue to evolve accordingly over time with variable timelines across provinces and regions.
  • Public health authorities have signaled that physical distancing requirements must remain in place. Clarified guidance on the use of Other Leave With Pay (699) came into effect on November 9, 2020. Requests for this leave must be examined on a case-by-case basis in light of current collective agreement provisions, employees’ ability to work (working remotely, reporting to the worksite, flexible hours of work, reassigning duties, or considering an assignment where applicable) and public health advice.
  • Bargaining agents have been engaged from the early days of the pandemic on various issues, including health and safety, through a series of ongoing discussions with the National Joint Council and through the Occupational Health and Safety tables of each organization.

Response

  • The Government of Canada has taken exceptional measures to curb the COVID-19 pandemic and to protect the health and safety of its employees and that of all Canadians. Our workforce has ensured that Canadians receive the services they rely on, under extraordinary circumstances.
  • TBS, in consultation with Health Canada and the Public Health Agency of Canada, among others, has been providing regular policy guidance to deputy heads on security, business continuity planning, human resources and workplace issues, procurement, financial management, digital services and privacy.
  • The public service is collectively and successfully managing COVID-19 as part of its ongoing operations and the continued delivery of key programs and services to Canadians.
  • As part of a broader plan to help slow the spread of COVID-19, the Government of Canada is expanding the use of rapid tests for screening purposes to key public sector workplaces.
  • Employees in public sector workplaces where there is a higher risk of exposure will be offered rapid tests on a voluntary basis, administered by trained personnel, to enable early detection and as an additional measure to help curb the spread of the virus in the workplace and communities.
  • Working with bargaining agents, departments and agencies, and other stakeholders, we continue to review our human resources, IT, security and financial policies to ensure that federal public servants are supported during this pandemic.
  • In the meantime, as in many private organizations, we are undertaking extensive work to ensure a safe and gradual increased access to federal worksites when public health measures permit it. This work is being undertaken with a focus on employee safety and delivery of services to Canadians.

Background

As of May 28, 2021, a cumulative total of 5,151 cases of COVID-19 have been reported across the public service.

On March 13, 2020, the Government of Canada asked that employees at all worksites work from home where possible, and that managers identify an approach that is flexible while ensuring continued critical government operations and services to Canadians.

As a result, many organizations are currently using flexible work arrangements to both protect the health and safety of employees and manage their workforce for business continuity. The vast majority of public servants, including those providing critical services, are working remotely.

On June 22, 2020, TBS shared the government’s approach to easing of COVID-19 restrictions across the country for federal employees, and posted comprehensive guidance for deputy heads to use in developing their own plans for increasing access at federal worksites as provinces and territories ease restrictions. This approach was developed in close collaboration among OCHRO, Health Canada and PSPC.

This guidance supports the continued delivery of programs and services to Canadians, while supporting the physical and mental health of federal public servants.

As part of a broader plan to help slow the spread of COVID-19, the Government of Canada is expanding the use of rapid tests for screening purposes to key public sector workplaces. These will include workplaces where there is a higher risk of exposure to COVID-19 due to occupational tasks, where there is an increased possibility for an outbreak to occur, or where it is recommended by local public health authorities.

Employees in these organizations will be offered rapid tests on a voluntary basis, administered by trained personnel, to enable early detection and assist in limiting the spread of the virus in the workplace and communities.

Organizations have a general obligation to ensure that the health and safety of every person employed by the organization are protected while they are working. This is achieved by complying with the Canada Labour Code, Part II (the Code), and the standards set out in the Canada Occupational Health and Safety Regulations. Also, employers have specific duties with regard to each workplace they control and every work activity under their authority that occurs in a workplace that is beyond the employer’s control. Any employee subject to Part II of the Code has the right to refuse dangerous work as long as they have reasonable cause to believe that it presents a danger.

Other Leave With Pay (699) has been made available to federal public service employees who have been unable to work their full hours as a result of the pandemic. The use of Other Leave With Pay (699) dates back to the 1962 Civil Service Regulations. This type of leave has always been intended for situations not already covered by other types of leave and where employees are unable to report to work for reasons beyond their control.

This type of leave has provided important support for federal public servants across the country in times of need, such as when they have been unable to work due to natural disasters like flooding, ice storms or forest fires, or due to unusual circumstances like being stranded abroad due to the volcanic eruption in Iceland. In each case, employees have accessed leave on the basis of need, and then returned to regular working status as soon as they were able. The vast majority of employees are working full-time, either onsite or remotely. Our data shows that public servants primarily accessed this leave in the early weeks of the pandemic, based on individual need and organizational requirements. In the last months, based on data available up to February 28, 2021, there has been a significant and steady decline in usage.

As of April 7, 2021, the use of 699 leave has decreased by approximately 93% from its peak in April 2020 when 86 out of 89 organizations reported that 72,305 employees had requested leave totaling 5,564,256 hours.

The guidance on Other Leave With Pay (699) continues to offer flexibility, fairness and equity, recognizing that increases in cases and further tightening of restrictions in certain jurisdictions may impact an employee’s ability to work some or all of their hours. It also strikes an important balance that keeps in mind our collective responsibilities to Canadians for sound stewardship and the need to adjust to changing and long-term circumstances.

A special working group was formed with bargaining agents to consult on clarifications to Other Leave With Pay (699). The clarified guidance continues to support and protect vulnerable employees and promotes a case-by-case approach, which is in accordance with the legal obligation to accommodate. This case-by-case analysis continues to allow careful consideration of the individual circumstances faced by each employee and will mitigate negative impacts upon women, parents and members of other vulnerable segments of our workforce.

The National Joint Council regroups the heads of bargaining agent organizations and is the “forum of choice” in the federal public service to discuss issues with bargaining agents; government and union representatives have traditionally demonstrated that partnership and co-development improve the workplace and provide important benefits. Created in 1944, the National Joint Council today includes 18 public service bargaining agents, TBS and a number of separate employers as official members.

Under the Canadian Human Rights Act, employers are responsible for the accommodation of their employees, up to the point of undue hardship (for example, health and safety factors), and the Accessible Canada Act requires all federally regulated institutions to eliminate or avoid the creation of barriers to the full participation of persons with disabilities, in seven areas of activity, including employment.

The Treasury Board Policy on People Management and Directive on the Duty to Accommodate outline the requirements for core public administration organizations to develop an inclusive, barrier-free workplace in which all persons have equal access to opportunities in the core public administration. On April 1, 2020, the directive was updated to expand the coverage to all employees, including other equity-seeking groups in addition to persons with disabilities.

TBS has been providing up-to-date COVID-19 advisories and information for employees on the Government of Canada COVID-19 website.

14. Federal worksites: post-pandemic planning

Issue

As COVID-19 vaccination rates increase across Canada, TBS is planning for a post-pandemic workplace and the development of guidance for federal departments on the easing of restrictions and the safe and gradual increased occupancy of federal worksites.

Key facts

  • As vaccination rates increase across Canada, it is expected that public health advice and public behaviour will continue to evolve accordingly over time with variable timelines across provinces and regions.
  • Deputy heads have been accountable for managing their workplace and workforce during the COVID-19 pandemic in accordance with the guidance provided by OCHRO. This guidance remains relevant and supports the safe and productive management of the public service while public health restrictions continue to apply.
  • Existing terms and conditions of employment as well as legislative and policy requirements must continue to be adhered to and respected. Departments must work within these parameters while adapting them to their departmental and operational realities.
  • The use of telework and other flexible work arrangements will likely play a larger role than in the pre-pandemic norm. Research from Statistics Canada released April 2021 indicates that 80% of employees who teleworked as a result of the pandemic would like to continue doing so at least half of the time post-pandemic.
  • Some departments are planning to maintain a remote work posture for the immediate future. For example, Transport Canada announced that temporary remote work by default was being extended from June to December 31, 2021.

Response

  • The physical and psychological health and safety of employees remain an absolute priority for the Government of Canada.
  • We continue to be guided by the advice of public health authorities. In light of the prevailing public health guidance, public service employees will largely continue to work remotely, and effectively, for the foreseeable future.
  • I have received a mandate from the Prime Minister to work with my colleagues and with public sector unions to explore options for increasing flexibility in the work arrangements of federal employees.
  • As in many private organizations, we are undertaking extensive work to ensure a safe and gradual increased access to federal worksites when public health measures permit it. This work also entails assessing the lessons learned from the last 14 months in terms of what worked well and what could be improved upon.
  • We are engaging with provincial and territorial counterparts as well as our networks of international public service officials, particularly through the Organisation for Economic Co-operation and Development (OECD), on the issue of post pandemic planning.
  • Research will take into account operational needs and workforce preferences and also include business drivers such as enhanced efficiency and productivity, ensuring value for Canadians, increased diversity and inclusion, and working toward meaningful social and environmental impact.
  • This research and outreach will inform the emerging federal public service planning framework to support deputy ministers in ensuring a safe and gradual return to worksites when and where it makes sense to do so.
  • This work will also support our longer-term efforts to ensure that we maintain our world-class public service. We will continue to leverage digital ways of working to support a high-performing, diverse and agile public service for all Canadians.

Background

The COVID-19 crisis resulted in an abrupt shift to remote working arrangements for public servants in all jurisdictions as Canadians made every effort to stay home and practise physical distancing. The public service responded quickly to implement unprecedented programs to support Canadians and to support our employees, but also to ensure ongoing operations and the continued delivery of key programs and services to Canadians.

As vaccination rates increase across Canada, it is expected that public health advice and public behaviour will continue to evolve accordingly. Further, as vaccinations become available internationally, certain sectors such as international travel are also expected to adapt current operating procedures which will impact various elements such as our border security, global affairs, health and food safety, and public safety program portfolios.

The basis for requiring a “work from home whenever possible” approach to managing the federal workforce will shift, as public health authorities signal the commencement of safe and gradual easing of public health restrictions. In his 2021 mandate letter commitment, the President of the Treasury Board was instructed to, “in consultation with public sector unions, work with the Minister of Public Services and Procurement and the Minister of Digital Government to explore enhanced flexibility in working arrangements for federal public servants.”

In support of workplace and workforce planning efforts, OCHRO is engaging with provincial and territorial counterparts as well as networks of international public service officials, particularly through the OECD, on the issue of post-pandemic planning. In addition, officials across government are assessing the lessons learned from the last 14 months in terms of what worked well and what could be improved upon, as well as researching how best to maintain and maximize flexible work arrangements for employees while maintaining services to Canadians.

Guidance provided to departments and agencies in June 2020 to support day-to-day management decisions over the course of the pandemic remains current and relevant while public health restrictions continue to apply. The following principles continue to inform decision-making and planning in the current content:

  • the health, safety, and wellness of public servants and Canadians are paramount
  • public health advice to contain the spread of COVID-19 will be adhered to
  • programs and services that Canadians rely on will be maintained

Moving forward, guidance for deputy heads to use in developing their own plans for increasing access at federal worksites and further alignment and coherence among departmental plans is planned to be released in phases. Three distinct planning phases will define a clear, coherent and sequenced framework to increase the occupancy of worksites and plan for the future, while managing uncertainty and unknowns of today.

Phase one, expected to be implemented in the fall/winter of 2021 once restrictions begin to be lifted, will focus on planning for increased occupancy of worksites by equipping deputy heads with a common foundation and the relevant support for managing operations within the existing legislative and policy framework when a safe return to the workplace is possible. Consultations and engagement with bargaining agents will continue throughout all horizons.

Building on phase one, phase two will establish an enterprise framework and approaches to implement a future-oriented workplace strategy by the end of 2022. Beyond 2022, phase three will focus on longer-term planning and consultation to build a transformation agenda and future-ready capabilities, addressing more complex issues, including how the public service envisions the work, workplace and culture of the future.

15. Other leave with pay (699)

Issue

How has Other Leave With Pay (699) been used in response to the COVID-19 pandemic?

Key facts

  • Other Leave With Pay (699) has been provided to employees who have not been able to work some of their hours as a result of the pandemic. The guidance that came into effect on November 9, 2020, clarified the use of Other Leave With Pay (699) while respecting collective agreements. Requests for this leave must be examined on a case-by-case basis in light of current collective agreement provisions, employees’ ability to return to work (working remotely, reporting to the worksite, flexible hours of work, reassigning duties, or considering an assignment where applicable) and public health advice.
  • The vast majority of employees are working full-time, either onsite or remotely. Our data shows that public servants primarily accessed this leave in the early weeks of the pandemic, based on individual need and organizational requirements. In the last months, based on data available up to February 28, 2021, there has been a significant and steady decline in usage.
  • The guidance on Other Leave With Pay (699) continues to offer flexibility, fairness and equity, recognizing that increases in use may result from changes to public health advice in certain jurisdictions, impacting an employee’s ability to work some or all of their hours.
  • Bargaining agents have been engaged from the early days of the pandemic on various issues, including health and safety and the use of Other Leave With Pay (699), through a series of ongoing discussions with the National Joint Council.
  • A Gender+ Based Analysis (GBA+) was conducted as a high-level assessment of potential impacts on employee populations across the core public administration, and the analysis informed the development of the clarified guidance for Other Leave With Pay (699).

Response

  • Initial guidance, from March 2020, on the use of Other Leave With Pay (699) addressed issues faced by employees as a result of the containment measures imposed at the onset of the COVID-19 pandemic. The guidance had the following objectives:
    • prevent the spread of COVID-19 and support employees’ healthy return to the workplace
    • be fair for all employees (those able to work and those unable to work)
    • maximize operational capacity/flexibility, stewardship of public funds and excellence
    • respect legislative and collective bargaining obligations, human resources management and labour relations objectives
  • The government is managing COVID-19 as part of ongoing operations in departments and agencies across Canada, balancing the health and safety of employees with its stewardship obligations.
  • Other Leave With Pay (699) may be granted on a case-by-case basis, and only after remote or alternate work, or flexible work hours have been considered, and generally after other relevant paid leave has first been used and planned by the employee. Cases are to be reviewed regularly by managers, and departments have been instructed to carefully consider each case to mitigate negative impacts upon vulnerable employees.
  • The government will continue to monitor Other Leave With Pay (699) usage to ensure sound stewardship, fairness, and the health and safety of employees.

Background

Other Leave With Pay (699) has been made available to federal public service employees who have been unable to work their full hours as a result of the pandemic. The use of Other Leave With Pay (699) dates back to the 1962 Civil Service Regulations. This type of leave has always been intended for situations not already covered by other types of leave and where employees are unable to report to work for reasons beyond their control.

This type of leave has provided important support for federal public servants across the country in times of need, such as when they have been unable to work due to natural disasters like flooding, ice storms or forest fires, or due to unusual circumstances like being stranded abroad due to the volcanic eruption in Iceland. In each case, employees have accessed leave on the basis of need, and then returned to regular working status as soon as they were able. That’s also what we have seen now over the course of the pandemic and expect that trend to continue as we collectively manage COVID-19 as part of our ongoing operations.

A special working group was formed with bargaining agents to consult on clarifications to Other Leave With Pay (699). The clarified guidance continues to support and protect vulnerable employees and promotes a case-by-case approach and is in accordance with the legal obligation to accommodate. This case-by-case analysis continues to allow careful consideration of the individual circumstances faced by each employee and will mitigate negative impacts upon women, parents and members of other vulnerable segments of our workforce.

This clarified guidance strikes an important balance that keeps in mind our collective responsibilities to Canadians for sound stewardship and the need to adjust to changing and long-term circumstances.

16. Mental health in the public service

Issue

Status of mental health of public servants and related supports.

Key facts

  • Overall, the 2020 Public Service Employee Survey reported improvements in mental health:
    • 68% of employees indicated their workplace was psychologically healthy (up from 61% in 2019)
    • 81% of employees indicated their department or agency was doing a good job raising awareness of mental health (up from 73% in 2019)
  • Responses to some new questions were also broadly positive:
    • 70% of employees indicated senior managers were taking adequate steps to support their mental health during the pandemic
    • 84% of employees felt their department or agency was effectively communicating the mental health services and resources available to them
    • 69% of employees indicated they would feel comfortable sharing concerns about their mental health with their immediate supervisor
  • Responses showed small increases in work-related stress (17% in 2019 to 18% in 2020) and being emotionally drained after a workday (29% in 2019 to 31% in 2020).

Response

  • The Government of Canada recognizes the mental health impacts of COVID-19 and is taking action to support its workforce through this difficult time, including adjustments to health care supports and continuing to build awareness and reduce stigma around mental health issues.
  • We have been improving the measurement of mental health data by adding Public Service Employee Survey questions on the adequacy of support provided by senior managers and during COVID-19.
  • While the 2020 Public Service Employee Survey shows notable improvements in workplace mental health, particularly around workplaces being psychosocially healthy and raising awareness around mental health, this topic remains a top priority for the public service.
  • We will continue to take the necessary steps to advocate for a psychologically healthy and safe workplace, promote the well-being of public servants, and facilitate their ability to fully participate in delivering results to their fellow Canadians.

Background

A psychologically healthy and safe workplace is the foundation of an effective, productive and engaged workforce, built on progress organizations have made on implementing the Federal Public Service Workplace Mental Health Strategy and aligning with the National Standard of Canada for Psychological Health and Safety in the Workplace. OCHRO supports them by:

  • providing direct support and guidance on implementing action plans to address mental health and align with the Standard
  • building capacity and connection through networks and communities of practice
  • strengthening data and business intelligence
  • providing access to credible leading practices, resources and tools
  • raising awareness of mental health problems and illnesses and helping to reduce associated stigma

17. Treasury Board of Canada Secretariat: a year in review

Issue

The Treasury Board and the Treasury Board of Canada Secretariat (TBS) demonstrated a rapid and adaptive response to the circumstances of the pandemic in order to provide departments with essential authorities, funding and guidance to deliver emergency response measures, while continuing to deliver on its mandate and key initiatives.

Response

  • The COVID-19 pandemic has affected every Canadian and has changed the way we live and the way we work.
  • TBS has continued to deliver on all core responsibilities and an ambitious agenda during an international crisis, fostering the effective, responsible government Canadians expect and deserve.
  • As we contemplate better days ahead, TBS will continue to provide the guidance employees and organizations need to help implement the government’s plan to finish the fight against COVID-19 — and ensure a resilient economic recovery that creates jobs and growth for Canadians.

Background

TBS employees during the pandemic

TBS employees have been fully engaged in the government’s response to COVID-19 from the beginning of the pandemic, whether behind the scenes or in front of parliamentarians and Canadians.

The contributions of TBS employees include:

  • continuing to manage the supply cycle of government planning, expenditures and reporting
  • supporting operations of the Treasury Board
  • engaging on the importance of access to information with the Information Commissioner
  • validating approaches to documenting government decisions for transparency in this exceptional time with the Auditor General
  • providing human resources management guidance to deputy heads of departments and agencies
  • working with departments and agencies across government to help ensure that Canadians continue to get the information and services they need from Canada.ca/coronavirus
  • providing IT security guidance to departments and agencies in this period of heightened cyber threats
  • providing ongoing policy guidance to deputy heads on security, business continuity planning, human resources, procurement, digital services, access to information and privacy
Documenting government decisions and transparency

Early in the crisis, deputy ministers were instructed to focus on achieving the goals of the government’s response measures. They were asked to use sound judgment for maximum flexibility in applying Treasury Board administrative policies and exercising their authorities.

Accountability and transparency remain paramount: deputy heads were directed to ensure that the circumstances, rationale and process for decision-making were well documented.

This helps the government to account for the decisions made during this crisis, including any non-standard applications of Treasury Board policy.

The Auditor General has been informed of this direction and is kept apprised of requirements for departments to be responsive in this crisis, within a responsible frame for due diligence and controls over public expenditures.

Managing supply cycle of government: planning, expenditures and reporting

With the unprecedented scale and impact of COVID-19, Parliament prioritized measures responding to COVID-19.

The government tabled Supplementary Estimates (A), 2020–21 on June 2, 2020; Supplementary Estimates (B), 2020–21 on October 22, 2020; Supplementary Estimates (C) on February 16, 2021; Main Estimates 2021–22 on February 25, 2021; and Supplementary Estimates (A) 2021–22 on May 27, 2021, to support a variety of government priorities, including public health and economic responses to the COVID-19 pandemic.

Taken together, the Supplementary Estimates (A, B and C) for 2020–21 represented a total of $159.5 billion in planned spending authorities for COVID-19-related measures.

For the current fiscal year, the Main Estimates and Supplementary Estimates (A) for 2021–22 present a total of $42.3 billion in planned spending authorities for federal organizations across the Government of Canada to spend in support of COVID-19 measures. 

Supporting Treasury Board operations

Through the pandemic, TBS officials have supported ministers of the Treasury Board and worked closely with colleagues across government to ensure that departments have the authorities and flexibilities they need to move quickly in response to the needs of Canadians.

Access to information

The government remains committed to maintaining the openness and transparency of government during this challenging time.

The Access to Information Act requires that government institutions make every reasonable effort to assist those who request information and to respond to requests in a timely manner.

Since the onset of COVID-19 workplace measures, institutions worked hard to mitigate the impacts on their ability to respond to access to information or privacy requests. TBS provided guidance to institutions to make best efforts to respond to Access to Information Act and Privacy Act requests and to proactively publish content, in accordance with operational realities.

Over the longer term, we will also examine what tools and capacities ATIP offices would need to improve their ability to process requests remotely, and whether investments in new technology could assist in addressing any backlog as a result of the COVID-19 situation.

The review of the Access to Information Act is an opportunity to have an open exchange on these issues.

Privacy

To support the government’s response to the pandemic, TBS issued an Interim Policy on Privacy Protection to give heads of government institutions the discretion to undertake a condensed, but still rigorous, analysis of privacy considerations to ensure privacy is protected in the implementation of urgent COVID-19-related initiatives.

These temporary measures, which expired on April 1, 2021, succeeded in ensuring that privacy was protected while moving forward with urgent benefits and supports to Canadians as part of the response to the pandemic.

We continue to work with institutions and with the Office of the Privacy Commissioner to ensure that the privacy of Canadians is protected as we continue to respond to the COVID-19 crisis.

IT security guidance

The government remains committed to managing information securely and effectively, in accordance with its sensitivity, while ensuring transparency, openness and accountability to Canadians.

All public servants are expected to manage, secure and document information according to legislative requirements and Treasury Board policies, whether working on-site or remotely, and regardless of the tools they use. Tools that are publicly available can only be used for unclassified, non-sensitive discussions that would be permitted in an open, public setting.

Robust systems and tools are in place to monitor, detect and investigate potential cyber-security threats, including information compromises that may result from working remotely.

Safeguards such as encryption, encrypted virtual private networks, encrypted storage devices and upgraded tablets have been used to protect information while ensuring employees can continue delivering services and programs to Canadians.

Guidance has been provided to departments and agencies on the importance of information management security requirements and to notify departments that security policy requirements for the protection of Government of Canada assets remain in place, whether in the office or off-site.

TBS continues to work closely with Shared Services Canada on the government’s IT infrastructure and overall virtual private network capacity, as well as providing guidance on information management while working remotely.

Information management and transparency

As announced by the Prime Minister on April 17, 2020, the government committed to providing Canadians with access to trustworthy data and information related to COVID-19 through the Open Government Portal, including open data on the Canada Emergency Response Benefit.

On April 29, 2020, TBS published guidance on information management practices for public servants while working remotely.

This guidance was meant to reinforce employees’ awareness of their collective responsibility to document decisions of business value and to ensure that government information is managed securely and effectively with respect to legislative and policy requirements, including the requirements of the Access to Information Act and Privacy Act.

The President wrote to his Cabinet colleagues encouraging ministers to proactively publish as much information as possible related to COVID-19 and reminding them of the importance of ensuring best practices in information management.

TBS released an updated version of the Guideline on Service and Digital in November 2020 that provided organizations with advice and guidance for the strategic management of information and data.

Transparency: COVID-related expenditures

Recognizing the unprecedented scale and pace of the spending response to COVID-19, TBS also undertook to collect data from government organizations.

Planned spending authorities for COVID-19 response measures are available to parliamentarians and Canadians through GC InfoBase, back to last spring’s Supplementary Estimates (A), 2020–21.

The latest financial information on actual spending on COVID-related measures is available on GC InfoBase and Open Government. Actual expenditures will also be reported in the Public Accounts in the fall.

Departments have also been reporting expenditures regularly through quarterly financial reports. The Department of Finance Canada provides monthly updates on the government’s financial position in the Fiscal Monitor. The Canada Revenue Agency, and Employment and Social Development Canada post regular online updates on their expenditures on major programs.

Collective bargaining

The Government of Canada remains committed to reaching agreements with all bargaining agents that are fair to employees, mindful of today’s economic and fiscal context, and reasonable for Canadians.

Subject to ratification and final approvals, we have concluded collective agreements covering more than 88% of public servants for this round of bargaining.

We have also participated fully in the work of Public Interest Commissions where negotiations have led us to that step.

For agreements reached in 2020, economic increases in the first two years of these tentative agreements are reflective of the relatively strong economic environment in 2018 and 2019, while a lower economic increase was agreed to for the third year of the agreements, recognizing reduced economic growth and reduced inflation for 2020 and early 2021.

We continue to take constructive steps to advance negotiations while taking our economic reality into account.

Treasury Board directive on harassment and workplace violence

The Government of Canada is committed to creating a diverse and inclusive public service that is free of harassment and violence where all employees are treated with dignity, respect and fairness.

To strengthen the policies that keep our employees safe and to ensure that harassment and violence is not tolerated, condoned or ignored in the federal public service, TBS has released a new directive on the prevention and resolution of workplace harassment and violence, in line with recent changes to the Canada Labour Code that apply to all federally regulated workplaces.

The new directive emphasizes prevention, training, speed in resolving complaints, and ensuring that support services such as ombuds-type functions and the Employee Assistance Program are in place.

We continue to work closely with bargaining agents to promote a positive, safe and healthy work environment across our workplaces and to build a diverse, inclusive and accessible public service.

This new directive, along with other initiatives, including the recently announced Centre on Diversity and Inclusion, are among the important changes that we are making in the federal public service to support all public servants, including the most vulnerable.

Human resources management guidance

As of June 2, 2021, the Chief Human Resources Officer had issued 22 updates to deputy heads since late January 2020, providing information and guidance on topics including remote work, critical services, the health and safety of employees, leave provisions, and mental health.

TBS has also been keeping employees informed by providing up-to-date COVID-19 advisories and information on the Information for Government of Canada employees: Coronavirus disease (COVID-19) website.

A number of exceptional leave provisions have been made available to provide employees who are ill or unable to work for reasons related to COVID-19 with different options to cover their health, family or work situations.

When working from a remote location, employees with disabilities may face accessibility barriers, which may be similar or different from those they encounter in the regular workplace. TBS has provided guidance to managers on accommodations, including information on inclusive virtual meetings and the use of various communications technologies.

Health Canada and the Public Health Agency of Canada provide TBS with science-based advice and information for the workforce. In turn, TBS shares this advice across organizations, ensuring it reaches occupational health and safety and labour relations communities as well as the national presidents of public service unions who are at the National Joint Council.

The Government of Canada also implemented temporary changes to the Public Service Health Care Plan, which will remain in effect until non-critical business is authorized to resume or unless otherwise indicated.

These temporary measures, including allowing coverage for registered social workers under the mental health benefit, are aimed at helping plan members and eligible dependants better access health care benefits while minimizing the burden on health care professionals dedicated to fight the pandemic, and reducing trips to pharmacies.

Guidance was provided to managers on supporting employees returning to work after a period on disability insurance or long-term disability. To assist during the COVID-19 pandemic, temporary measures were put into place until further notice, including the acceptance of electronic forms and signatures.

The Government of Canada is steadfast in its ongoing commitment to supporting public servants and their mental health, including when public health measures are eased and as discussions continue on how and where we work.
Access to worksites

The President of the Treasury Board and the Minister of Digital Government both received a mandate from the Prime Minister to work with public sector unions to explore options for increasing flexibility in the work arrangements of federal employees.

In the meantime, as in many private organizations, we are undertaking extensive work to ensure a safe and gradual increased access to federal worksites when public health measures permit it. Again, this work is being undertaken with a focus on employee safety and delivery of services to Canadians, and in close collaboration with bargaining agents.

Officials at TBS and across government are researching how best to maintain and maximize flexible work arrangements for employees while maintaining service to Canadians. This work also entails assessing the lessons from the last 15 months in terms of what worked well and what could be improved upon.

We are engaging with provincial and territorial counterparts, as well as our networks of international public service officials, particularly through the OECD on the issue of post-pandemic planning.

Research will account for operational needs and workforce preferences and also include business drivers such as enhanced efficiency and productivity, ensuring value for Canadians, increased diversity and inclusion, and working toward meaningful economic, social and environmental impact.

This research, outreach and benchmarking will inform the emerging federal public service planning framework to support deputy ministers in ensuring a safe and gradual return to the worksite when and where it makes sense to do so. The framework will be principles-based and will be both iterative and evergreen.

This work will also support our longer-term efforts to ensure that we maintain our world-class public service. We will continue to use technology to support a high-performing, diverse and agile public service for all Canadians.

Accessibility

The Government of Canada is committed to helping persons with disabilities maintain their health, safety and dignity during the pandemic and beyond.

In the spirit of “Nothing Without Us” and the Accessible Canada Act, and in recognition of Canada’s domestic and international human rights obligations, the Government of Canada is committed to ensuring that it considers, respects and incorporates the interests and needs of persons with disabilities into its decision-making and pandemic response.

Vigilance is required to protect the human rights of persons with disabilities during these times. This necessitates a disability-inclusive approach to government decision-making and action. Persons with disabilities face unique and heightened challenges and vulnerabilities in a time of pandemic, including equality of access to health care and supports, access to information and communications, and mental health and social isolation and employment and income supports.

Departments and agencies are continuing their work to identify, prevent and remove accessibility barriers in employment and service to all Canadians, to lead by example in meeting the requirements of the Accessible Canada Act.

Business continuity planning

The Policy on Government Security includes mandatory requirements for organizations to develop and maintain business continuity plans, and within the context of COVID-19, organizations were asked to ensure their plans are up to date for any possible disruption.

In collaboration with Public Safety Canada, TBS continues to assess the business continuity management response to COVID-19 to improve its practices and preparedness, and to support the ongoing trusted delivery of critical services to Canadians during significant events.

In parallel to the continued delivery of critical services, departments and agencies are working to achieve timely recovery of other services and activities as the situation evolves.

Flexibilities in Treasury Board policies during the pandemic

Since the onset of the pandemic, departments and agencies have been called upon to deliver programs and services with unprecedented urgency and speed.

The Treasury Board acted to provide departments with greater flexibility to maintain the operations of government while responding to COVID-19. Actions included providing additional time for departments to submit investment plans, deferring the effective date of some requirements, and allowing certain ministers the time-limited ability to amend terms and conditions of select transfer payment programs.

The Office of the Comptroller General has made policy adjustments to provide temporary increases to limits for emergency contracting to enable the quick and efficient procurement of necessary resources.

The Office of the Comptroller General has also asked deputy ministers to review their grants and contributions programming and maximize the flexibilities built into the Policy on Transfer Payments, which underpins these programs.

These changes were necessary to enable a quick response and to support government operations in an unprecedented situation.

Regulatory flexibility during the pandemic

The government continues to support Canadian businesses and industry who, as a result of the COVID-19 pandemic, are either facing hardship or bringing forth new products or services in support of Canada’s response plan.

TBS has asked that departments and agencies consider demonstrating flexibility across the regulatory cycle in developing, applying and enforcing regulations, within their specific context, in consideration of the risk to the health, safety and security of Canadians and the environment.

The government is taking a balanced, common sense approach in developing, applying and enforcing regulations in consideration of the risk to the health, safety and security of Canadians and the environment.

We are taking steps to ensure that new regulatory proposals or changes to existing regulations required to address the COVID-19 situation are given top priority, while also ensuring that non-COVID19 regulatory proposals that are necessary and important continue to be addressed.

TBS, managing the regulatory life cycle, has addressed a regulatory environment that was complex and uncertain, and the regulatory approach needed to be flexible, agile and expeditious, while upholding the oversight Canadians expect.

Regulatory modernization

Part of the regulatory modernization agenda, the new Centre for Regulatory Innovation, has been in operation since November 2020.

The Centre is dedicated to helping business and industry launch novel products and services into the marketplace.

The Centre guides Canadian businesses through the federal regulatory system and helps them connect with relevant regulatory bodies. The Centre also helps regulators undertake experiments that can help industry bring applications of new and emerging technologies into the Canadian marketplace and support their competitiveness.

Setting up the Centre is one of several regulatory modernization actions the government has taken to ensure that the regulatory system can keep pace with advances in technology.

Other initiatives to modernize regulations or reduce the administrative burden on businesses include Targeted Regulatory Reviews, the work of the External Advisory Committee on Regulatory Competitiveness, and the review of the Red Tape Reduction Act.

Furthermore, TBS has been working to establish a transparent online consultation system for proposed regulations published on the Canada Gazette, taken part in the Agile Nations Charter, an international agreement to create an innovative and globally competitive regulatory environment, and continued regulatory cooperation work to promote harmonization and alignment between international, provincial and territorial jurisdictions.

Greening the Government of Canada
  • In fall 2020, the Government of Canada announced the updated Greening Government Strategy, setting new targets for net-zero, green and climate-resilient government operations and reducing operational greenhouse gas emissions to net zero by 2050.
  • On April 22, 2021, in conjunction with President Biden’s Leaders Summit on Climate, Canada and the United States announced their collaboration as they each work towards the goal they share of net-zero emissions government.
  • Canada and the US’s Council on Environmental Quality also announced their leadership in jointly creating a new Greening Government Initiative to enable formal and informal international cooperative opportunities and engage governments around the world in greening government operations. A preliminary meeting was held April 29, 2021, and 32 countries participated and responded to the call for action.

Public servants: general

In this section

18. Collective bargaining

Issue

The government’s negotiation of new collective agreements for public servants

Key facts

  • Negotiations have been ongoing since 2018 and TBS, as the Employer, continues to bargain in good faith with all bargaining agents. To date, the government has reached 51 agreements, including recent tentative agreements, that cover nearly 242,000, or more than 88% of federal public service employees in the core public administration and separate agencies.
  • Negotiations with Royal Canadian Mounted Police (RCMP) members and reservists, represented by the National Police Federation, are ongoing. In addition, negotiations are ongoing between PSAC and four separate agencies, including the Statistical Survey Operations.
  • In December 2020, the Border Services (FB) group, represented by the PSAC, filed for impasse. TBS and the bargaining agent presented their respective positions at Public Interest Commission hearings held in May 2021. The chairperson of the Commission will subsequently publish a non-binding report to assist the parties in concluding an agreement. Members of a bargaining unit can be in a legal strike position, after the issuance of a Public Interest Commission report, provided that an essential services agreement is in place, that seven clear days have elapsed since the issuance of the Public Interest Commission report, and that the bargaining unit’s members voted in favour of a strike. The FB group does not meet these criteria at this time.
  • On March 10, 2021, negotiations at the Office of the Auditor General reached impasse, and the PSAC requested the establishment of a Public Interest Commission. The Office of the Auditor General is preparing for the Public Interest Commission hearings that are tentatively scheduled for June 29–30, 2021. Currently, the Office of the Auditor General and the PSAC do not have an essential services agreement in place. Consequently, the bargaining agent does not meet the criteria to be in a legal strike position.
  • PSAC filed notice to bargain for four collective agreements that expire in 2021: Program and Administrative Services (PA), Technical Services (TC), Operational Services (SV) and Education and Library Sciences (EB). Negotiations are planned to begin this summer.

Response

  • The Government of Canada remains committed to reaching agreements with all bargaining agents that are fair to employees, mindful of today’s economic and fiscal context, and reasonable for Canadians.
  • Subject to ratification and final approvals, we have concluded collective agreements covering more than 88% of public servants for this round of bargaining.
  • We have also participated fully in the work of Public Interest Commissions where negotiations have led us to that step.
  • For agreements reached in 2020, economic increases in the first two years of these tentative agreements are reflective of the relatively strong economic environment in 2018 and 2019, while a lower economic increase was agreed to for the third year of the agreements, recognizing reduced economic growth and reduced inflation for 2020 and early 2021.
  • We continue to take constructive steps to advance negotiations while taking our economic reality into account.

Background

To date, the government has reached 51 agreements for the 2018 round, including recent tentative agreements, with groups covering close to 242,000 employees or over 88% of public servants in the core public administration and separate agencies.

The agreements include pattern economic increases over either three or four years, new provisions for caregiver leave, extended parental leave, and a memorandum of understanding on the implementation of collective agreements. Most agreements also include up to 10 days of paid leave for domestic violence.

At this time, two Public Interest Commissions are in progress. The first is with the Border Services (FB) group, represented by PSAC. The hearing dates were the 10th, 18th, and 20th of May 2021. The Public Interest Commission is now working on their non-binding report. The second is with the Office of the Auditor General for employees of the Audit Services group, represented by the PSAC. This hearing is tentatively scheduled for June 29–30, 2021.

Core public administration: ongoing negotiations

In the context of the 2018 round of bargaining, negotiations with three remaining groups are underway, in addition to the FB group:

  • Negotiations with the RCMP regular members and reservists, represented by the National Police Federation, are ongoing.
  • Exchange of non-monetary proposals for negotiations with the Canadian Union of Public Employees (CUPE) for a first collective agreement for the RCMP Police Operations Support (PO) group took place on May 27, 2021.
  • Negotiations with the Canadian Merchant Service Guild for Ships’ Officers are also expected to begin shortly.
Separate agencies: ongoing negotiations

In the context of the 2018 round of bargaining, the status of negotiations between the remaining four PSAC groups in the following separate agencies is as follows:

  • Statistical Survey Operations – for two groups: negotiations with the PSAC are ongoing
  • Office of the Auditor General: awaiting the Public Interest Commission hearing
  • Canadian Security Intelligence Service: negotiations not yet initiated
  • Office of the Superintendent of Financial Institutions): negotiations not yet initiated

19. Diversity, inclusion and accessibility in the public service

Issue

The Government of Canada recently announced its priorities to promote diversity and inclusion in the public service.

Key facts

  • Diversity, inclusion and accessibility are key priorities for the Government of Canada, as reinforced in this past fall’s Speech from the Throne, in supplementary mandate letters, which identify commitments to increase representation for under-represented groups the announcement of the President’s priorities on diversity and inclusion, the creation of the Centre on Diversity and Inclusion, and in the Clerk of the Privy Council’s Call to Action on anti-racism, issued in January.
  • Overall, the representation of women, Indigenous peoples and members of visible minorities in the core public administration is above workforce availability estimates. However, representation at executive levels is below workforce availability. The recent discovery of the remains of 215 children at the former Kamloops Residential School has made national headlines and is having a profound impact on Indigenous public servants and allies across the public service.

Response

  • As of March 2020, 17.8% of public servants identify as a member of a visible minority, of which 19.5% are Black. In January 2018, the Prime Minister announced that the government would recognize the United Nations’ International Decade for People of African Descent (2014–2025) and commit to addressing systemic anti-Black racism in Canada.
  • We cannot ignore that bias, barriers and discrimination are an everyday reality for too many Canadians. Even though the public service has long made diversity and inclusion a core value, more needs to be done.
  • In September, the Speech from the Throne announced an action plan to increase representation and leadership development in the public service. And the Fall Economic Statement committed $12 million over three years towards these goals.
  • Since fall of 2020, the government has been releasing disaggregate data to provide a deeper, comprehensive picture of the makeup of the federal public service. This work is being supported through self-identification modernization, which will roll out in fall 2021, and by capturing and sharing more detailed data through the Public Service Employee Survey, which was released in May 2021.
  • Departments, supported by TBS, are also increasing representation through promotion and recruitment programs that will support high-potential employees who may currently face barriers.
  • Departments and agencies are also continuing their work to identify, prevent and remove accessibility barriers in employment and service to all Canadians, to lead by example in meeting the requirements of the Accessible Canada Act.
  • Following consultations with employee diversity networks and bargaining agents, the government introduced amendments to the Public Service Employment Act in the Budget Implementation Act (C-30) to reaffirm the importance of a diverse and inclusive workforce and to strengthen provisions to address potential bias and barriers in the staffing processes.

Background

The work of building a representative public service is a concerted effort that must be taken across the enterprise, given that these responsibilities are held by many organizations with different areas of influence and control. To name a few:

  • the Clerk sets out expectations and appoints deputy heads
  • the Public Service Commission administers the Public Service Employment Act and delegates to deputy heads the authority to appoint public servants
  • Treasury Board sets the policy frame for the core public administration, and sets terms and conditions of employment
  • TBS collects and researches data and supports senior executive talent management
  • Minister Tassi is responsible for the Employment Equity Act and sets the definition of designated employment equity groups for all federally regulated organizations.

The Employment Equity Act has provided impetus for progress on increasing representation of the four employment equity–designated groups in the public service in the last two decades. But as our focus shifts to a broader definition of diversity, more needs to be done.

The upsurge in the Black Lives Matter movement and how the COVID-19 pandemic has disproportionately affected equity-seeking groups, have highlighted inequities and further underscored the importance of promoting inclusion.

The Federal Black Employee Caucus has advocated strongly for disaggregated data and initiatives to increase the executive representation of Black employees. The Federal Black Employee Caucus’s recommendations and the steps being taken in the public service are aligned with the recommendations of the previous reports, such as the Many Voices, One Mind report on Indigenous representation and the Final Report from the Joint Union/Management Task Force on Diversity and Inclusion in the Public Service.

In Budget 2018, the government announced funding for a Centre for Wellness, Inclusion and Diversity in the public service. This launched in June 2019 and rebranded itself as the Centre on Diversity and Inclusion in October 2020, after funding was announced in the 2020 Fall Economic Statement. The Centre on Diversity and Inclusion resources will continue to support the evolving diversity and inclusion agenda in the public service, and the wellness component will be handled by the Centre of Expertise on Mental Health in the Workplace.

In Budget 2021, the Office of Public Service Accessibility was renewed for three years to help the federal public service meet the requirements of the Accessible Canada Act.

Recently, the government established an Anti-Racism Secretariat at Canadian Heritage, which has developed an Anti-Racism Strategy for all of Canada. The 50 – 30 Challenge is another recently launched external-facing initiative among the Government of Canada, business and diversity organizations. The goal of the program is to challenge Canadian organizations to increase the representation and inclusion of diverse groups within their workplace.

20. Class-action lawsuits

Issue

The Government of Canada is engaged in several employment-related class actions. Of those that cover all government departments and agencies, two are related to the Phoenix Pay System, known as “Bouchard and Delorme,” and four are alleging systemic discrimination against former and current Black employees, known as “Thompson and Diallo.” Most of the other class actions pertain to allegations of systemic discrimination and harassment, and are against Public Safety portfolio organizations, such as the RCMP, Correctional Service Canada, and National Defence.

Key facts

  • The Thompson proposed class action was launched on December 2, 2020. The plaintiffs are seeking declaratory relief and $2.75 billion in damages against Canada for the wrongful failure to promote Black employees in the public service.
  • The Thompson claim is still in the earliest stages of the class-action process. No motion has yet been scheduled by the Federal Court to determine whether to certify that claim as a class action.
  • In February, Fasken Martineau DuMoulin LLP was retained by the Attorney General of Canada to defend the Thompson claim because of their specific expertise and experience in class actions and employment law, as well as mediation.
  • On May 18, 2021, the judge and parties held a case management conference to discuss the schedule. The judge declined to set a date for the hearing of the certification motion, or to set a timetable for the steps leading up to that hearing.

Response

  • We cannot ignore that bias, barriers and discrimination are an everyday reality for too many Canadians. Even though the public service has long made diversity and inclusion a core value, more needs to be done.
  • The government has taken steps to address anti-Black racism, systemic discrimination and injustice across the country. In September, the Speech from the Throne announced an action plan to increase representation and leadership development in the public service. And the Fall Economic Statement committed $12 million over three years towards these goals. This will accelerate the government’s commitment to achieving a representative and inclusive public service.
  • Early in its mandate, the government also reflected its commitment in mandate letters, in the establishment of an Anti-Racism Strategy and Secretariat, in the appointment of a Minister of Diversity and Inclusion and Youth, and in the creation of the Office for Public Service Accessibility.
  • In addition to these initiatives, on January 22, 2021, the Clerk of the Privy Council and head of the public service, issued a Call to Action on anti-racism, equity and inclusion in the federal public service. The Call to Action sets out common expectations for leaders to take practical actions that will form the basis for meaningful change.
On the class action
  • We are still in the beginning of the process, and the class has not yet been certified by the court.
  • As it is still early in the process, it is premature to comment on how the next steps will unfold; however, as is the case with matters such as this, the government will consider all options, including alternative dispute resolution, as it seeks to address the concerns raised.

Background

There are currently numerous active class actions against the Government of Canada that implicate the Treasury Board. These involve a variety of allegations respecting employment-related discrimination and harassment, the Phoenix Pay System, and other matters (pensions and disclosure of personal information).

a) Discrimination and harassment

There are 10 ongoing proposed or certified class actions implicating the Treasury Board as employer which make allegations of discrimination or harassment in the workplace, falling under the broad categories of race, gender/sex, general bullying/harassment, or other grounds.

b) Racial discrimination and harassment
  • Thompson et al. v. HMQ (Federal Court, Ontario Superior Court, Quebec Superior Court) and Diallo v. HMQ (Supreme Court of British Columbia): Proposed class actions brought on behalf of all Black public servants against the entire federal public service, with claims dating back to the 1970s. Fasken Martineau DuMoulin LLP has been retained as legal agent for the Attorney General of Canada in these matters, which are still in the earliest stages. Fasken and plaintiffs’ counsel have had initial discussions, and the government has expressed that it will consider all options, including alternative dispute resolution, as it seeks to address the concerns raised. The next case management conference with the Federal Court is scheduled for May 18, 2021.
  • Hudson (Margorie) v. HMQ (Federal Court): Proposed class action brought on behalf of all female current and former RCMP members and employees alleging systemic discrimination against racialized members and employees. The certification motion will be heard in January 2022.
  • Sanderson et al. v. HMQ (Federal Court): Proposed class action brought on behalf of all current and former racialized employees of the Correctional Service of Canada, alleging systemic racism and discrimination. Both representative plaintiffs are Indigenous women. The matter is in the earliest stages and has not yet been certified.
  • Although the Treasury Board is not implicated directly as the employer, there is another proposed class action (Frenette et al v. AGC (Federal Court)) alleging systemic racial harassment and discrimination against current and former members of the Canadian Armed Forces. Settlement negotiations are ongoing.
c) Gender/sex-based discrimination, harassment and sexual assault

Hudson and Wilson-Demuth v. HMQ (Federal Court): Proposed class action brought on behalf of all current and former female employees of the Correctional Service of Canada, alleging systemic gender-based harassment and discrimination, sexual assault, physical assault and retaliatory abuse. The certification motion will be heard in late January 2022.

d) General harassment and bullying (as well as other grounds of discrimination)
  • Greenwood and Gray (Federal Court): Certified class action brought on behalf of all current and former RCMP members and employees alleging general harassment, bullying and intimidation. The certification decision is currently under appeal before the Federal Court of Appeal.
  • AMPMQ et al c. Sa Majesté la Reine (Quebec Superior Court): Certified class action brought on behalf of current and former RCMP members residing or working in Quebec which includes allegations of abuse of authority, as well as subclasses based on grounds of discrimination for linguistic Francophone minorities and those involved in union activities. The matter is currently in the pre-hearing stage.
e) Other grounds of discrimination (mental disability)
  • Moore et al. v. AGC (Federal Court): Proposed class action brought on behalf of all current or former members of the RCMP who have been diagnosed with or suffered from an operational stress injury (including post-traumatic stress disorder (PTSD)), alleging that the RCMP breached its duties to provide safe working conditions and adequate mental health support services.
  • Several other class actions have been settled, including Merlo-Davidson and Tiller (sexual harassment/assault within the RCMP); Heyder-Beattie (sexual/gender-based harassment and assault within the military / National Defence), and LGBTQ Purge (historical sexual orientation–based discrimination across the military, the RCMP and the public service).
f) Phoenix Pay System

There are two class actions respecting pay errors caused by the Phoenix Pay System:

  • Bouchard v. AGC (Quebec Superior Court): Certified action brought on behalf of all federal public servants; however, the certified class was restricted to only those employees who do not have a right to grieve (for example, casuals, terms less than three months, part-time workers). The next steps include the assignment of a case management judge and setting a timetable for the various steps in the litigation.
  • Delorme v. AGC and IBM (Court of Queen’s Bench of Alberta): The claims made in this proposed class action largely duplicate those made in Bouchard except that IBM is also named as a plaintiff. The action is in the early stages and has not yet been certified.
g) Other class actions
  • Lebeau v. AGC (Quebec Superior Court): Proposed class action regarding discrimination based on age with respect to pension eligibility. On March 18, 2021, the Quebec Superior Court denied the class-action application.
  • Campeau et al. v. HMQ (Federal Court): Proposed class action brought on behalf of all persons whose personal or financial information was disclosed to third parties as a result of cyber security attacks targeting the emergency COVID-19 benefits such as the Canada Emergency Response Benefit and the Canada Emergency Student Benefit through the GCKey and Canada Revenue Agency accounts on or after March 15, 2020. The certification hearing has been set for December 13–15, 2021.

21a. Modernizing the Official Languages Act

Issue

The government has signalled its intention to modernize the Official Languages Act.

Key facts

  • The government has publicly committed to modernize the Official Languages Act (the act) in the Speech from the Throne, mandate letters, among others, emphasizing the unique situation and reality of French in Canada.
  • On February 15, 2021, the Minister of Official Languages, Mélanie Joly, issued English and French: Towards a substantive equality of official languages in Canada, outlining how the government proposed to go about modernization.
  • While Canadian Heritage is leading the modernization effort, TBS, the Department of Justice Canada and other key departments are also involved.
  • Under the Act, the Treasury Board is responsible for communications with and services to the public (Part IV), language of work (Part V), and Participation of English-speaking and French-speaking Canadians in the public service (Part VI); Canadian Heritage is responsible for the promotion of English and French in Canadian society (Part VII).

Response

  • Canada’s two official languages are at the core of our history and our identity.
  • Respecting official languages is both an obligation and a priority for the Government of Canada.
  • TBS is committed to working with Canadian Heritage and other departments on the modernization of the Official Languages Act.
  • The modernization of the act is an opportunity to strengthen the linguistic capacity of our public servants, further enhancing our ability to serve Canadians in the official language of their choice.

Background

The government’s 2019 commitment to modernization was reaffirmed in the 2020 Speech from the Throne and in the supplementary mandate letters of Minister Joly and the President of the Treasury Board.

Proposals listed in the reform document released in February 2021 include some that relate to the Treasury Board’s responsibilities under the act. Of note are the legislative and administrative proposals targeting Treasury Board:

  • strengthen and expand the Treasury Board’s powers, notably the power to monitor compliance with Part VII of the act and the authority to develop policy instruments to guide compliance with new regulations on the implementation of Part VII
  • make certain currently discretionary powers (for example, information, audit, evaluation) mandatory
  • create an accountability and reporting framework for institutions to apply the act
  • update Treasury Board policy instruments to address official language requirements in emergency situations
  • other administrative proposals in the public document relate to language of work in the public service:
    • develop a new second language training framework for the public service that will ensure quality instruction and be adapted to learners’ specific needs, including Indigenous employees
    • review the official languages qualification standards
    • increase the minimum second language requirements for bilingual supervisory positions in designated bilingual regions
    • apply official languages requirements in a more inclusive manner, taking into account positions requiring Indigenous cultural or linguistic competencies and the cases of public service employees with disabilities who do not allow them to learn a second language

Budget 2021 set aside funding to both Canadian Heritage and TBS to support the modernization work.

21b. Communications and services to the public and federal employees in both official languages

Issue

During the pandemic, the federal government’s ability to meet official languages obligations in its communications to Canadians and federal employees gave rise to concerns, especially given their importance for the health and safety of Canadians.

Key facts

  • The Commissioner of Official Languages released three special reports in 2020–21: one on official languages in emergency situations; a second on the application of the language requirements of positions under section 91 of the Official Languages Act; and a third report on linguistic insecurity.
  • In his 2020–21 annual report, published on June 1, 2021, the Commissioner reiterates the concerns he raised in these three reports.
  • There are three recommendations in the annual report, at the Prime Minister and the Clerk of Privy Council.

Response

  • The Government of Canada is committed to promoting official languages and ensuring compliance with the Official Languages Act.
  • Respecting official languages is not only an obligation and a priority for the Government of Canada but is integral to the effectiveness of our response to the pandemic.
  • TBS is working closely with Canadian Heritage, the Department of Justice Canada and other departments to modernize the Official Languages Act.
  • The modernization of the act is an opportunity to strengthen the linguistic capacity of our public servants, thereby improving our ability to serve Canadians in the official language of their choice.

Background

Pandemic
  • The Annual Report of the Commissioner of Official Languages 2020–21 reiterates the federal government’s perceived shortcomings during the pandemic described in his previous report on emergency situations.
  • The proposals to modernize the Official Languages Act presented in the public document entitled English and French: Towards Substantive Equality of Official Languages in Canada address some of the Commissioner’s concerns in relation to emergencies by indicating the government’s intention to “add requirements related to official languages specifically for emergency situations to Treasury Board policy instruments.”
Section 91
  • The Commissioner makes the link between failures in emergency situations and the objective evaluation of the language requirements of positions. In his opinion, a more accurate and consistent determination of the linguistic profile of positions would ensure a better institutional bilingual capacity to respond to compliance deficiencies in emergency situations.
  • Section 91 of the Official Languages Act provides for the objective determination of the language requirements of positions (unilingual or bilingual) during the staffing process within the federal public service.
  • Following the release of the Commissioner’s report, an interdepartmental working group, chaired by TBS, was established in November 2020 to propose solutions to the issues raised by the Commissioner. The Commissioner has asked for a response by November 2022.
Linguistic insecurity
  • In order to reduce linguistic insecurity, TBS has created an interdepartmental working group, composed of seven departments including the Office of the Commissioner of Official Languages, to examine the scope of the phenomenon and the development of awareness campaigns, tools and strategies to create a linguistically secure environment.
  • This working group is in the process of recording interviews with model leaders who take risks in their second language. In addition, peer coaching circles have been piloted and will be rolled out over the next few months.
  • On March 3, 2021, the same interdepartmental working group organized an event at the Official Languages Best Practices Forum to discuss ways to create linguistic security in the workplace. The Commissioner as well as the Parliamentary Secretary Greg Fergus took part in the event which attracted 1,200 participants.

22. Phoenix-related issues (damages and overpayments)

Issue

Recovery of overpayment amounts due to Phoenix pay issues and implementation status of the Phoenix damages agreements reached with unions in 2019 and 2020

Key facts

In June 2019, the Government of Canada and a number of public service unions finalized an agreement to compensate employees, current and former, who were impacted by the Phoenix Pay System.

Several elements of the agreement were implemented in 2019 and 2020, and the claims process for severe damages and personal hardship was launched in January 2021.

The agreement reached with the PSAC in 2020 is similar to the 2019 agreement, with the exception of general damages provided to employees. The agreement with the PSAC consists of cash payments (instead of leave credits negotiated in the 2019 Memorandum of Agreement), as well as additional compensation for the late implementation of the 2014 collective agreements. The agreement stipulates that applicable deductions would be applied.

The June 2019 agreement contains a catch-up clause for the inclusion of provisions negotiated in the PSAC agreement. TBS worked with the parties to the June 2019 agreement on catch-up provisions to bring the June 2019 agreement to parity with the PSAC one.

The catch-up agreement ratified on March 3, 2021, provides additional compensation of up to $1,000, for the late implementation of the 2014 collective agreements to employees covered under the June 2019 agreement as well as top-up payments for employees whose daily rate of pay is less than $300.

The Government of Canada recognizes that there are ongoing issues with the Phoenix Pay System, specifically as it relates to Phoenix overpayments. Overpayments occur for many reasons, including when an employee’s pay is not discontinued prior to periods of leave without pay or termination, when acting pay is not stopped in a timely manner, when there are issues with transfers and when allowances are continued where there is no longer an entitlement.

Response

  • All public servants deserve to be paid for their work in an accurate and timely manner.
  • The government has taken action on many fronts to provide flexibility and minimize the financial impacts on employees who have experienced pay issues.
  • Since 2018, flexible repayment options have been in place for employees in an overpayment situation, providing them with multiple options to repay the government through a lump-sum payment, installments or through payroll deductions.
  • We are committed to continuing to provide employees with these flexibilities while also fulfilling our duty to taxpayers to recover salary overpayments in a responsible and timely way.
  • We also recognize that the implementation of the Phoenix Pay System has had an impact, directly or indirectly, on many current and now former employees.
  • Damages agreements have been reached with all bargaining agents and aim to compensate employees for damages caused by the Phoenix Pay System in the core public administration and other agencies.
  • As part of these agreements, there are claims processes to help those who had financial costs and lost investment income and severe damages, in addition to the provision of general compensation.
  • General compensation has been processed, and claims processes are available for current and former employees eligible under the June 2019 agreement.
  • The majority of PSAC members have also received general compensation payments and work is underway to implement claims processes for current and former employees covered under the PSAC agreement.
  • Processes are also in development for the catch-up payments employees covered under the 2019 agreement will receive following an agreement with bargaining agents in March 2021 to align the June 2019 damages agreement with the 2020 PSAC one.
  • More information on timing for payments and claims processes will be available in the coming months.
On the subject of taxability of damages payments.
  • As part of the agreement signed in October 2020 with the PSAC, the parties agreed to make payments on a best effort basis and the government proceeded with those payments as per the terms of the agreement. The agreement also mentions that applicable deductions would be applied.
  • TBS sought an interpretation on the taxability of the payments from the Canada Revenue Agency, who administers Canada’s tax laws for all Canadians.
  • Canada Revenue Agency confirmed that these payments are taxable, and the Employer deducted taxes from the payments in accordance with this interpretation.
  • Questions related to the taxability of such lump-sum payments should be directed to the Canada Revenue Agency.

Background

In May 2019, the Government of Canada reached a tentative agreement with members of the Senior Level Phoenix Union-Management subcommittee on damages for compensation for employees impacted by the implementation of the Phoenix Pay System. This agreement was ratified in June 2019 by all federal government bargaining agents except for PSAC. Separate agencies have signed similar agreements covering their employees (except those represented by PSAC).

The PSAC rejected the agreement, stating that the compensation was insufficient.

June 2019 Damages Agreement (all bargaining agents except PSAC)

The agreement reached with bargaining agents (with the exception of PSAC) in 2019 applies to up to 121,000 current and 25,000 former employees.

The agreement includes up to five days of additional annual leave for employees and a cash payout equivalent to this leave for former employees or the estates of deceased employees.

Additional compensation, evaluated on a case-by-case basis, is provided for those who missed opportunities to earn interest on savings accounts or other investments, experienced delays in receiving severance or pension payments, and/or experienced severe personal or financial hardship due to Phoenix pay issues.

In 2019, federal organizations credited eligible employees with four days of leave, and one additional day for the 2019–20 fiscal year was credited by June 2020 to current employees. This leave represents general compensation for financial and/or non-financial damages caused by Phoenix, including but not limited to general stress, aggravation and lost time.

TBS collaborated with bargaining agents and worked to launch an online claims process in November 2019 by which former employees can request a payment for general compensation for damages, which is a payment equivalent to the leave credited to current employees. These former employees can now go online and access what is owed to them.

In February 2020, a claims process was added to provide compensation to current and former employees for financial costs or lost investment income.

A claims process for severe personal or financial hardship was launched in January 2021.

2020 PSAC Damages Agreement

The damages agreement was signed with PSAC in October 2020.

The PSAC agreement is similar to the June 2019 agreement with the exception of the general damages provided to employees which consist of cash payments of up to $2,500 instead of leave credits. This includes an additional lump sum of up to $1,000 for the late implementation of the 2014 collective agreements.

The other claims processes for financial costs or lost investment income as well as severe personal or financial hardship are identical.

General compensation for the PSAC agreement was provided to a majority of current employees in March 2021, and the other claims processes for former and current employees will be launched at a later date.

As elements of the infrastructure were already in place for the June 2019 agreement; additional resources have been allocated for the implementation of the PSAC agreement.

2021 agreement of the catch-up clause related to the June 2019 Memorandum of Agreement

The negotiation of the catch-up agreement ratified on March 3, 2021, was triggered following the signing of the PSAC damages agreement in the fall of 2020. The purpose was to align the compensation; some elements of the 2020 PSAC agreement differed from the agreement negotiated with other bargaining agents in 2019.

Current and former employees covered under the 2019 damages agreement may be eligible for other monetary benefits that are part of the PSAC damages agreement, such as general damages compensation of up to $1,000 for the late implementation of the 2014 collective agreements.

This catch-up agreement applies to about 106,000 current employees and 27,000 former employees/estates of former employees covered under the 2019 damages agreement.

PSAC employees who received leave under the 2019 agreement as a result of working in positions outside of PSAC during the period covered by the agreement will receive their outstanding payments as part of those catch-up payments as well.

A decision was made to make the remainder of payments in the fall 2021 due to priority workloads, retro pay for recently signed agreements, and the need for an adequate amount of time to validate all impacted pay files. Bargaining agents have been made aware of this and are in agreement to wait until the fall 2021.

23. Update on pay equity

Issue

The Government of Canada’s commitments to ensure men and women receive equal pay for work of equal value.

Key facts

  • The Pay Equity Act received Royal Assent on December 13, 2018.
  • In fall 2020, the Pay Equity Regulations, which will support the implementation of the act,were published for public consultation; once finalized, they will enable the act to be brought into force.
  • The office of the Minister of Labour has publicly stated that the Pay Equity Regulations will be published in Canada Gazette, Part II, this summer and that the Pay Equity Act will come into force later in 2021 by order in council.
  • The Act will cover about 1.3 million individuals employed in federally regulated workplaces, including the federal public service.
  • In November 2020, the Office of the Parliamentary Budget Officer published a report on the costs to implement the Pay Equity Act. TBS faced criticism in Parliament and in the media for not providing cost estimates for this report.

Response

  • Canadians expect women to be full participants in the economic, social and democratic life of our country.
  • That is why the Government of Canada has moved forward with a multifaceted strategy on gender equality that includes strengthening the right to equal pay for work of equal value.
  • In December 2018, Parliament passed the government’s new, proactive pay equity legislation to address the systemic undervaluing of work performed by women.
  • Since then, TBS has been supporting Employment and Social Development Canada to develop the regulations needed to ensure that employees across all federally regulated organizations, including the federal public service, receive equal pay for work of equal value when the Pay Equity Act comes into force.
  • We continue to be committed to working with bargaining agents and employees to build a fair and equitable public service.
On the subject of the costs to implement the Pay Equity Act
  • The Pay Equity Act has a clear process for employers to follow when it comes into force. TBS will work with bargaining agents to measure pay equity gaps and will take action to close these gaps.
  • Any disclosure of cost estimates would compromise future negotiations with bargaining agents. Once negotiations are concluded, pay equity costs will be released publicly.

Background

On December 13, 2018, the new Pay Equity Act, which establishes a proactive pay equity regime within the federal and private sectors, received Royal Assent. 

The Act also amends the Parliamentary Employment and Staff Relations Act so as to incorporate proactive pay equity requirements, and repeals the Public Sector Equitable Compensation Act, which is not currently in force.

The government will look to a potential coming into force date of the act and the enabling Pay Equity Regulations (led by the Labour Program at Employment and Social Development Canada) later in 2021. 

The legislation will cover about 1.3 million individuals employed in federally regulated workplaces, including the federal public service.

In 2018, it was announced through the Fall Economic Statement that $49.4 million in administrative funding would be made available to TBS to implement proactive pay equity for the core public administration and members of the RCMP. That six-year funding was approved in 2019.

Until the new legislation comes into force, the current system for public service pay equity complaints under the Canadian Human Rights Act continues to apply. 

The government is managing its response to existing pay equity complaints filed under the Canadian Human Rights Act, to the extent possible, in a way that is aligned with its agenda for pay equity reform. This includes taking measures to expedite pay equity litigation, reach negotiated settlements whenever warranted, and use informal dispute resolution.

24. New Treasury Board directive on harassment and workplace violence

Issue

TBS’s support for departments in combatting harassment and workplace violence

Key facts

TBS released a new directive in December 2020 in line with recent changes to the Canada Labour Code that apply to all federally regulated workplaces.

This comprehensive directive requires departments to better prevent and respond to harassment, and to provide support to those affected by harassment and violence in the federal public service. It also requires departments to investigate, record and report all complaints of harassment and violence in their organizations.

Many departments are reporting that they have implemented key elements of this new directive in their organizations, including updating their departmental policies and processes to receive new complaints and identifying new training for employees.

Response

  • The Government of Canada is committed to creating a diverse and inclusive public service that is free of harassment and violence where all employees are treated with dignity, respect and fairness.
  • To strengthen the policies that keep our employees safe and to ensure that harassment and violence are not tolerated, condoned or ignored in the federal public service, TBS has released a new directive on the prevention and resolution of workplace harassment and violence, in line with recent changes to the Canada Labour Code that apply to all federally regulated workplaces.
  • The new directive emphasizes prevention, training, speed in resolving complaints, and ensuring that support services such as ombuds-type functions and the Employee Assistance Program are in place.
  • We continue to work closely with bargaining agents to promote a positive, safe and healthy work environment across our workplaces and to build a diverse, inclusive and accessible public service.
  • This new directive, along with other initiatives, including the recently announced Centre on Diversity and Inclusion, are among the important changes that we are making in the federal public service to support all public servants, including the most vulnerable.

Background

In accordance with the Canada Labour Code, Part II: Occupational Health and Safety, federally regulated employers, including the public service, must protect the health and safety of their employees. In the federal public service, this obligation falls under the responsibility of each deputy head.

The Canada Labour Code was amended in 2018 to strengthen the existing framework for the prevention of harassment and violence, including sexual harassment and sexual violence, in federally regulated workplaces.

To support these amendments, new stand-alone Work Place Harassment and Violence Prevention Regulations were created to streamline the harassment and violence provisions and make it easier for employers and employees to identify their rights and duties as they are contained within one set of regulations separate from all others.

A key element of the regulations requires employers to jointly develop a workplace harassment and violence prevention policy with their “applicable partners” (policy or workplace health and safety committees). The regulations also specify mandatory elements to be included in such policies.

To this end, OCHRO has developed a new Directive on the Prevention and Resolution of Workplace Harassment and Violence to support organizations in meeting their legislative obligations. This directive applies to the more than 80 departments and agencies in schedules I and IV of the Financial Administration Act.

The main objectives of the directive are to:

  • prevent occurrences of workplace harassment and violence by providing an integrated healthy, safe and respectful workplace free from all forms of harassment and violence
  • ensure workplace harassment and violence occurrences are addressed promptly, with sensitivity, with fairness and with an emphasis on informal, early resolution, as appropriate
  • ensure that support services such as ombuds-type functions and the Employee Assistance Program are in place and provide information on medical, psychological or other support services
OCHRO continues to provide extensive advice and guidance to organizations to help combat workplace harassment and violence in the federal public service, including developing a policy template to support departments to update their policies, developing training on harassment and workplace violence in collaboration with the Canada School of Public Service, and conducting regular information sessions with the occupational health and safety community, labour relations advisors, harassment coordinators and bargaining agents.

Long-term care facilities

In this section

25. Revera: Public Sector Pension Investment Board (PSPIB)

Issue

The PSPIB and its relationship with Revera Inc., a company that runs long-term care and senior housing retirement residences in Canada, the United States and the United Kingdom continues to receive media attention. The company is currently facing a class-action lawsuit related to deaths as a result of COVID-19. Recent media coverage has also focused on unions calling on the government to transfer ownership of Revera so as to make it public, as well as PSPIB’s partnership with Pretium, a joint venture that will invest in single-family home rentals across major markets in the southeastern and southwestern United States.

Key facts

Relationship with the Public Service Pension Investment Board (PSPIB)

The Public Sector Pension Investment Board (PSPIB) is an arm’s length Crown corporation established under the Public Sector Pension Investment Board Act, and its reports are tabled each year in Parliament.

There is an established and merit-based process for nominating members to the Board of Directors of the PSPIB. The Governor in Council appoints members based on recommendations from the President of the Treasury Board, who selects qualified candidates from a list generated by an independent nominating committee.

Relationship with Revera

Revera is a wholly owned operating subsidiary of the PSPIB and is governed by a board of directors appointed by the PSPIB.

On June 2, 2020, the Ontario government took over the management of one of Revera’s long-term care facilities (Forest Heights) for a period of 90 days. On September 11, the Ministry of Long-Term Care lifted the mandatory management order that was in place and management of the facility reverted back to Revera.

On November 8, 2020, the Manitoba government launched an independent investigation into an outbreak of COVID-19 at the Maples Long Term Care Home. The final report, written by Dr. Lynn Stevenson, former associate deputy minister of British Columbia Health, makes 17 recommendations for Revera, the Winnipeg Regional Health Authority, the Health Incident Command Structure, and Manitoba Health and Seniors Care, along with several recommendations noted as additional consideration. In February 2021, the Manitoba government committed to implementing all 17 recommendations outlined in the external review of Maples Long Term Care Home.

Relationship with Pretium

In January 2021, PSPIB announced the launch of a joint venture that will initially invest $700 million into single-family rentals across major markets in the southeastern and southwestern United States.

Response

  • The federal government underlined its commitment to Canada’s seniors and to setting new national standards for long-term care in the most recent Speech from the Throne and federal Budget so that we can ensure that seniors are safe, respected and can live with dignity.
  • The PSPIB operates at arm’s length from the federal government. It is not part of the federal public administration, and its multi-billion-dollar business and affairs are managed by a board of directors.
  • The mandate of the PSPIB is to invest net proceeds from the contributions of the public service, Canadian Armed Forces, Reserve Force, and RCMP pension plans in capital markets, in the best interests of the plan contributors and beneficiaries.
Relationship with Revera Inc.
  • Revera is a wholly owned operating subsidiary of PSPIB, registered under the Canada Business Corporations Act. PSPIB is responsible for appointing its board of directors, who are, in turn, responsible for Revera’s operations.
  • We are aware of reports of legal action against this company and cannot comment further on matters before the courts.

Background

Revera Inc. has been a wholly owned subsidiary of the PSPIB (also known commercially as PSP Investments) since 2007. The PSPIB is a Crown corporation established by Parliament in accordance with the Public Sector Pension Investment Board Act in 1999. The PSPIB reports to Parliament through the President of the Treasury Board, who is responsible for PSPIB’s legislation, and includes certain information about Revera Inc. in its annual report.

The PSPIB operates at arm’s length from the federal government. It is not an agent of Her Majesty, and its business affairs are governed by a 11-member board of directors. Since April 1, 2000, the PSPIB has been investing the amounts transferred by the Government of Canada on behalf of the pension plans for the public service, the Canadian Armed Forces – Regular, the Canadian Armed Forces – Reserve (since its establishment on March 1, 2007), and the RCMP.

TBS does not recommend the appointees to the PSPIB board of directors to the President; however, it serves as secretariat to the nominating committee for the PSPIB. Qualified candidates are recommended to the President by this nominating committee.

Pursuant to the Public Sector Pension Investment Board Act, the President of the Treasury Board is responsible for establishing a nominating committee whose mandate is to establish a list of qualified candidates for proposed appointment as a director of the board of the PSPIB. The Chairperson is appointed by the President of the Treasury Board after he or she has consulted with the Ministers of National Defence and Public Safety. Upon recommendation of qualified candidates by the nominating committee, the President of Treasury Board will make a recommendation for appointment to the Governor in Council.

Revera Inc. is an owner, operator and investor in the senior living sector. Through its portfolio of partnerships, Revera owns or operates more than 500 properties across Canada, the United States, and the United Kingdom, offering seniors’ apartments, independent living, assisted living, memory care, and long-term care.

Notable events

September 23, 2020: The Speech from Throne committed the government to working with the provinces and territories to set new, national standards for long-term care so that seniors get the best support possible. 

November 19, 2020: The leader of the NDP, Jagmeet Singh, held a press conference with representatives of PSAC and other bargaining agents to criticize the government’s handling of Revera and other long-term care facilities. 

January 28, 2021: The Centre for International Corporate Tax Accountability and Research published a report titled Tax Dodging by a Canadian Crown Corporation, which outlined that “an in-depth analysis of Revera’s UK care homes indicates a pattern of aggressive corporate tax avoidance and may provide insights into Revera’s corporate conduct and culture in Canada.”

January 2021: The PSPIB announced the launch of a joint venture that will initially invest $700 million into single-family rentals across major markets in the southeastern and southwestern United States. Negative media attention has suggested that PSPIB is putting profits over people, noting that Progress and Front Yard Residential, a company Pretium acquired in January, have filed for nearly 1,000 evictions between them since the beginning of the pandemic. 

April 16, 2021: In a joint letter with 13 other bargaining agent members of the National Joint Council, PSAC requested that Treasury Board President Jean-Yves Duclos take the lead in talks between the Public Sector Pension (PSP) and ministries of health in each province with the goal to move Revera from private to public ownership. 

April 19, 2021: Budget 2021 proposes to provide $3 billion over five years, starting in 2022–23, to Health Canada to support provinces and territories in ensuring standards for long-term care are applied and permanent changes are made. To keep seniors safe and improve their quality of life, the federal government will work collaboratively with provinces and territories, while respecting their jurisdiction over health care, including long-term care. This work would ensure seniors and those in care live in safe and dignified conditions

Conflict of interest

In this section

26. Conflict of interest safeguards

Issue

The Conflict of Interest Act required a one-time statutory review which was completed in 2014.

Key facts

  • The Conflict of Interest Act is administered, interpreted and enforced by the Conflict of Interest and Ethics Commissioner, an independent officer of Parliament.
  • The President of the Treasury Board is the responsible minister for the Conflict of Interest Act.
  • The Conflict of Interest Act required a statutory review by a parliamentary committee. This review was completed in 2014 by the Standing Committee on Access to Information, Privacy and Ethics (ETHI). No further reviews are required by law.

Response

  • The government is committed to ensuring that federal public office holders carry out their duties with integrity and impartially.
  • The Conflict of Interest Act imposes rules to minimize the possibility of conflicts between private interests and the duties of public office holders.
  • The government has a number of safeguards in place to address conflicts or potential conflicts in relation to procurement and ensure contracting activities, transfer payments, and real property agreements are performed in an open, fair and transparent manner.
  • We welcome input from parliamentarians and the Commissioner on the Conflict of Interest Act and how best it can achieve its objectives.

Background

The Conflict of Interest Act establishes conflict of interest and post-employment rules for public office holders. Public office holders covered under the act include ministers, ministerial staff, and Governor-in-Council appointees such as deputy heads. The act plays an important role in maintaining public confidence in the integrity of public office holders and government decision-making.

The Conflict of Interest and Ethics Commissioner administers the Conflict of Interest Act by establishing compliance measures, investigating possible contraventions of the act, and providing advice to public office holders on their obligations. The Commissioner is an officer of Parliament. Officers of Parliament are independent from the government and report directly to Parliament. On January 9, 2018, Mario Dion was appointed as the second Conflict of Interest and Ethics Commissioner.

The Conflict of Interest Act came into force on July 9, 2007, which created, for the first time, a legislative regime governing the ethical conduct of public office holders. Prior to this date, public office holders were subject to non-statutory codes of conduct.

The Conflict of Interest Act required a one-time statutory review by a parliamentary committee. In 2014, the Standing Committee on Access to Information, Privacy and Ethics (ETHI) completed the review of the act. ETHI recommended some changes to the law, including expanding the act’s definition of public office holder, clarifying certain provisions, and adjusting the administration of the act. Later that year, a regulation was enacted to add new positions subject to the act (for example, Governor of the Bank of Canada).

There are also safeguards in place to address potential or actual conflicts of interest within procurement. These include standard contract clauses, the requirement for all proposals to be reviewed through a conflict of interest lens, and the need for evaluators to recuse themselves for real or possible conflicts. In addition, the Government of Canada has established a Code of Conduct for Procurement, an Integrity Regime, and utilizes fairness monitoring to address conflicts of interest and unethical practices.

A provision is also included in the Directive on Transfer Payments, to ensure that no current or former public servant or public office holder can derive direct benefit from a funding agreement. Furthermore, no member of the Senate or the House of Commons shall be admitted to any share or part of the agreement, or to any benefit arising from it, that is not otherwise available to the general public.

27. Public Servants Disclosure Protection Act review

Issue

In 2017, the Standing Committee on Government Operations and Estimates tabled a report that included recommendations for legislative amendments to the Public Servants Disclosure Protection Act. Questions have been raised recently on the efforts undertaken to date to improve the internal disclosure regime. On February 17, 2021, the Committee readopted its report and requested that the government table a comprehensive response to the report.

Response

  • The Public Servants Disclosure Protection Act helps to sustain an ethical workplace culture and supports the integrity of the federal public sector.
  • The government is committed to promoting a positive, respectful and safe public sector culture that is grounded in values and ethics, where public servants feel safe to come forward to disclose wrongdoings.
  • The Government of Canada has made, and continues to make, meaningful improvements to the federal disclosure process, including enhancing reporting through the Annual Report on the Public Servants Disclosure Protection Act.
  • OCHRO has been providing guidance to deputy heads and supporting outreach and education activities to foster an environment that is inclusive, and help public servants navigate the disclosure process.
  • These efforts, complemented by mental health initiatives, demonstrate the government’s ongoing commitment to promoting ethical practices in the public sector.
  • The government remains committed to the disclosure of wrongdoing and protection from reprisals and will continue examining and improving the disclosure system.

Background

In June 2017, the Standing Committee on Government Operations and Estimates tabled its report on their independent review of the Public Servants Disclosure Protection Act. The report contained 15 recommendations covering issues such as the definition of terms, training, protection of whistleblowers, research and assessments.

In October 2017, the government committed to implement improvements to the administration and operation of the internal disclosure process and to protection from acts of reprisal but not legislative amendments.

In February 2018, the Standing Committee on Government Operations and Estimates adopted a motion to invite the President of the Treasury Board to provide a briefing on the progress made by the government in implementing the recommendations made by the Committee in its statutory review of the Public Servants Disclosure Protection Act.

On February 17, 2021, the Government Operations Committee adopted a motion by Conservative MP Kelly McCauley to readopt the 2017 report and request a government response.

OCHRO is leading the implementation of activities in support of these commitments. More generally, we have taken a number of actions to foster an environment where public servants feel safe and protected to come forward, including:

  • conducting outreach and education activities to inform public servants about the disclosure of wrongdoing process and protection against acts of reprisal
  • establishing a Centre of Expertise on Mental Health in the Workplace, helping implement the National Standard of Canada for Psychological Health and Safety in the Workplace
  • establishing a Centre for Diversity and Inclusion, providing public servants with a platform for engaging with these issues and conducting research and analysis
  • taking steps to address harassment and violence in the workplace, including providing guidance to deputy heads, managers, departmental advisors and public servants on what constitutes harassment as well as how to prevent and resolve harassment in the workplace
  • completing the first phase of Policy Suite Reset for the Policy on People Management and the Policy on the Management of Executives, which sets the foundation for the ongoing adaptation of policies to better support an ethical workplace culture in which public servants feel safe to come forward without fear of reprisal

In addition, we have kept a pulse on this issue by:

  • monitoring departmental activities via the Management Accountability Framework as it relates to people management
  • monitoring public servant sentiment via the annual Public Service Employee Survey

Other TBS directives and guidance: COVID-19

In this section

28. The Lobbying Act

Issue

The Lobbying Act is required to be reviewed every five years, and the last review was conducted in 2012.

Key facts

  • The Lobbying Act is administered, interpreted and enforced by the Commissioner of Lobbying, an independent agent of Parliament.
  • The President of the Treasury Board is the responsible minister for the Lobbying Act.
  • The Lobbying Act requires a statutory review by a parliamentary committee every five years.
  • In its 2012 report on the previous statutory review of the Lobbying Act, the Standing Committee on Access to Information, Privacy and Ethics (ETHI) noted that the act is generally working well in accordance with its objectives.

Response

  • Lobbying is a legitimate part of our democratic system. The law recognizes the importance of free and open access to government and the need for Canadians to be able to know who is lobbying their government.
  • The Commissioner of Lobbying is an independent agent of Parliament, with the tools, rules and autonomy needed to administer the act and see that lobbyists comply with requirements.
  • The government is committed to ensuring that the lobbying of federal office holders is conducted with the highest standards of integrity.
  • We respect the independence of the Commissioner of Lobbying and will continue to work collaboratively to ensure the regime in place meets Canadians’ expectations.

Background

The purpose of the Lobbying Act is to ensure transparency and accountability in lobbying. The act requires lobbyists to register and file returns on their communications with public office holders, which are published in the Registry of Lobbyists. The Lobbying Act is based on four key principles:

  • free and open access to government is an important matter of public interest
  • lobbying public office holders is a legitimate activity
  • it is desirable that public office holders and the general public be able to know who is engaged in lobbying activities
  • the system of registration of paid lobbyists should not impede free and open access to government

The Commissioner of Lobbying administers the Lobbying Act and develops the Lobbyists’ Code of Conduct, which governs the ethical conduct of lobbyists who are individuals who are paid to lobby. The Commissioner is an independent agent of Parliament. Agents of Parliament operate at arm’s length from the government by carrying out duties assigned by statute and reporting directly to Parliament. On December 30, 2017, Nancy Bélanger was appointed to serve as the second Commissioner of Lobbying, for a seven-year term.

The Office of the Commissioner of Lobbying falls under the President’s portfolio. The President receives funding requests from the Commissioner of Lobbying which are submitted through the President to the Minister of Finance. If approved, the funding requests are then subject to Treasury Board approval before funds can be accessed.

The Lobbying Act falls under the President’s legislative portfolio. 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 parliamentary committees.

In 1989, the first federal lobbying law, the Lobbyists Registration Act, came into force. In 2008, the law was renamed the Lobbying Act and received several major amendments, including a five-year post-employment lobbying ban for certain senior public office holders.

The Lobbying Act requires a statutory review every five years by a parliamentary committee. In 2012, the Standing Committee on Access to Information, Privacy and Ethics (ETHI) completed the first statutory review of the act. ETHI noted that the act is generally working well in accordance with its objectives but recommended some changes to the law. These recommendations included changes to lobbyists’ returns, banning the receipt of gifts from lobbyists, and adding administrative monetary penalties to the act. However, no amendments were enacted. The act is overdue for its next statutory review.

Section 14.1(1) of the Lobbying Act requires that “A comprehensive review of the provisions and operation of this Act must be undertaken, every five years after this section comes into force, by the committee of the Senate, of the House of Commons, or of both Houses of Parliament, that may be designated or established for that purpose.”

The President of the Treasury Board does not have a legislative requirement or authority to initiate this legislative review as required by the act.

29. Social and Indigenous procurement

Issue

The President of the Treasury Board has mandate commitments to modernize procurement and to leverage procurement to create more opportunities for Indigenous and other diverse suppliers to succeed and grow.

Key facts

  • TBS is modernizing its procurement policy to better enable departments to consider socio-economic priorities as part of their procurement planning, including the consideration of best value, and life-cycle management decisions.
  • The Treasury Board Directive on Government of Contracts, including Real Property Leases, in the Nunavut Settlement Area (Nunavut Directive) came into effect on December 20, 2019.
  • The directive sets out measures to increase participation by Inuit firms in business opportunities, improve capacity of Inuit firms to compete for government contracts, and establish employment of Inuit at a representative level in the Nunavut Settlement Area.

Response

  • Treasury Board policies enable federal departments to leverage procurements that focus on “best value” and support socio-economic, Indigenous and environmental priorities.
  • In consultation with Indigenous partners, TBS is working with PSPC and Indigenous Services Canada to establish a new target to have at least 5% of federal contracts awarded to businesses managed and led by Indigenous peoples.
  • TBS continues to work with Nunavut Tunngavik Inc. on the implementation of the Directive on Government Contracts in the Nunavut Settlement Area, which aims to provide support and assistance to Inuit firms to enable them to compete for government contracts.

Background

Social procurement leverages government purchasing power towards socio-economic objectives such as enhancing market competition; job creation; economic and social benefits of procuring from small and medium enterprises, local industry, social enterprises, and not-for-profit organizations; encouraging socially responsible business conduct; as well as advancing diversity and inclusion.

The definition for social procurement fits well with the concept of best value (which is included in current Treasury Board policy as well as the forthcoming policy reset). Best value considers financial and non-financial factors, including the contribution to the advancement of government’s priorities. Best value is something that does not always mean the lowest price or initial cost and can take into consideration a combination of price, technical merit, quality, and other considerations (that is, socio-economic) as set out in the bid solicitation.

Social procurement is distinct from Indigenous procurement recognizing the long-standing relationship between the federal government and Indigenous people. While it is possible that social procurement could be used for the benefit of Indigenous suppliers, persons or communities, the two procurement tracks are managed separately. For example, Indigenous procurement is recognized within trade agreements.

PSPC has been piloting programs for women-owned and Black-owned businesses, as well as developing innovative approaches for Indigenous procurement, such as use of Indigenous Participation Plans (for example, a contractor’s plans for Indigenous training, employment, ownership and subcontracting). Indigenous Services Canada administers the Procurement Strategy for Aboriginal Business which has a goal of assisting Indigenous business development by increasing Indigenous business participation in the awarding of contracts by departments and agencies, through the use of limiting bids to Public Sector Accounting Board (PSAB) registered businesses and Indigenous Participation Plans. TBS supports these initiatives by ensuring they are consistent with the Treasury Board policy framework and aligned with government-wide socio-economic priorities.

5% Indigenous procurement target

The December 2019 mandate letter tasked the Minister of Public Services and Procurement to work with the Minister of Indigenous Services and the President of the Treasury Board to create more opportunities for Indigenous businesses to succeed and grow by creating a new target to have at least 5% of federal contracts awarded to businesses managed and led by Indigenous peoples.

Formal engagement with Indigenous organizations on the commitment has largely taken place through an Indigenous Reference Group, consisting of participants from National Aboriginal Capital Corporations Association, Council for the Advancement of Native Development Officers, Canadian Council for Aboriginal Business, Assembly of First Nations, Métis Nation of Alberta, and Inuit Tapiriit Kanatami. The group continues to engage on the development of a policy frame to support the 5% target.

The three implicated departments have also consulted other federal departments and international governments to define policy elements and look at best practices and implementation options, including Australia’s Supply Nation model. Engagement is also ongoing with Corporate Canada via the Corporate Canada Procurement Working Group, led by the Canadian Council for Aboriginal Business with support from the Canadian Chamber of Commerce.

Nunavut directive

The Nunavut Agreement is a modern treaty which was signed in 1993. Article 24 of the Agreement consists of obligations on how the federal government conducts its procurement activities. This led to the establishment of the Nunavut Directive which came into effect on December 20, 2019.

The objective of this directive is to provide reasonable support and assistance to Inuit firms in order to enable them to compete for government contracts, including real property. The expected results are:

  • increased participation by Inuit firms in business opportunities in the Nunavut Settlement Area economy
  • improved capacity of Inuit firms to compete for government contracts and real property leases in the Nunavut Settlement Area
  • employment of Inuit at a representative level in the Nunavut Settlement Area workforce
  • the directive includes key measures to meet Article 24 obligations, such as:
    • limiting bids to Inuit firms where capacity exists
    • including bid criteria related to benefits for Inuit and Nunavut
    • establishing government-wide documentation and reporting requirements

The directive requires that the federal government and Nunavut Tunngavik Inc. co-chair a review committee that meets at least annually to review the implementation of the directive, partly through the review of a report on contracts awarded in Nunavut. The inaugural review committee meeting was held on March 29, 2021.

30. Legislative review of the Red Tape Reduction Act

Issue

The review of the Red Tape Reduction Act has been launched pursuant to the statutory requirement for a single five-year review following its coming into force in April 2015.

Key facts

  • A product of the 2012 Red Tape Reduction Action Plan, the Red Tape Reduction Act came into effect in April 2015 and includes a provision requiring the President of the Treasury Board to cause its review five years after coming into force.
  • In the 2018 Fall Economic Statement, the government announced it would launch the review by 2020 and committed to exploring legislating changes to regulator mandates so that greater consideration is given to competitiveness, regulatory efficiency and economic growth.
  • In March 2020, the House of Commons Standing Committee on Government Operations (OGGO) started to study the act. That work was interrupted by the COVID-19 pandemic.

Response

  • As Canada recovers from the pandemic, regulatory modernization will reduce unnecessary burdens on businesses in order to unleash innovation and accelerate economic growth, while continuing to protect Canadians’ health, safety, security and the environment.
  • TBS officials are conducting the review of the Red Tape Reduction Act by drawing on research and stakeholder feedback received from 2019 consultations.
  • More consultations are being planned, including a series of regional and national roundtables to validate issues raised in earlier consultations and signal new regulatory issues or opportunities that may have emerged as a result of the COVID-19 pandemic.

Background

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 (that is, 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.

TBS undertook broad public consultations in 2019 on the Red Tape Reduction Act, including potential changes to regulators’ mandates, and issues related to regulatory modernization. A What We Heard report was posted online in November 2020 summarizing the key themes raised by stakeholders. The External Advisory Committee on Regulatory Competitiveness was consulted on the review in November 2020. TBS is now in the early stages of planning several regional roundtables and a national stakeholder roundtable to further inform the review and identify opportunities to support recovery through regulatory modernization.

There are no legislated requirements on how the review is to be undertaken with regard to scope, substance or completion. Once the review is completed, TBS officials will report back to the President of the Treasury Board with findings and recommendations for potential legislative changes.

31. Access to information and transparency during COVID-19

Issue

Workplace measures to curb the COVID-19 pandemic and protect the health and safety of federal employees affected institutions’ ability to respond to access to information and personal information requests in the first few months of the pandemic.

Key facts

  • In response to public health direction on COVID-19, most employees have been working remotely, and many had reduced access to documents and information systems that they would usually use to respond to requests.
  • There are no provisions in the Access to Information Act or the Privacy Act to extend deadlines or place requests on hold due to an emergency.
  • On May 28, 2020, the President wrote to his Cabinet colleagues encouraging ministers to proactively publish as much information as possible related to COVID-19 and remind them of the importance of ensuring best practices in information management.
  • On June 3, 2020, the President sent a letter responding to the Information Commissioner’s recommendations shared on April 28, 2020, concerning the access to information system, recognizing the importance of adhering to best practices in information management and mentioning upcoming Government of Canada plans to better support information practices across government.
  • On July 10, 2020, the Information Commissioner wrote to the President of the Treasury Board calling for strong leadership and concrete actions by government to repair the access to information system.

Response

  • The government remains committed to maintaining the openness and transparency of government during this challenging time.
  • The Access to Information Act requires that government institutions make every reasonable effort to assist those who request information and respond to requests in a timely manner.
  • Since the onset of COVID-19 workplace measures, institutions have worked hard to mitigate the impacts on their ability to respond to access to information or privacy requests.
  • In response to the Information Commissioner’s recommendations, we committed to making information related to COVID-19 and its response proactively available.
  • Institutions are asked to respond to a biweekly questionnaire regarding their capacity to receive, process and respond to requests, the results of which have been published on Open.Canada.ca
  • The government will continue to work with the Information Commissioner to meet Canadians’ needs for open, accessible and trustworthy information.

Background

Government of Canada employees are currently working remotely wherever possible to help slow the spread of COVID-19. Consequently, most institutions are operating with significantly reduced onsite workforces, which limits their ability to respond to requests and within the timelines mandated by the Access to Information Act and the Privacy Act.

Request processing

TBS has issued guidance to institutions to make best efforts to process requests and proactively publish information, in accordance with operational realities. Notices currently posted on the Open Government Portal and the Access to Information and Privacy (ATIP) Online Request Service inform requesters of potential delays due to COVID-19 measures. TBS continues to support institutions with suggested best practices for working digitally to respond to requests. All 152 institutions that responded to TBS’s biweekly capacity questionnaire in the week of April 26, 2021, indicated that they had full or partial capacity to respond to requests.

Since the onset of COVID-19 measures, institutions have worked hard to mitigate the effects of the COVID-19 measures on their ability to respond to requests:

  • institutions are offering to provide electronic records to requesters, where paper records cannot currently be accessed
  • institutions are utilizing e-post where possible to facilitate electronic responses to requesters
  • in addition, to help reduce pressures on the access to information system during these extraordinary times, the President of the Treasury Board, Jean-Yves Duclos, wrote to his Cabinet colleagues to encourage ministers to proactively publish as much information as possible related to COVID-19 as well as reminding them of the importance of ensuring best practices in information management
  • TBS also organized workshops to share best practices to help ATIP offices adapt their procedures to the remote work environment
  • the ATIP Online Request Service has remained available as a simple and efficient means for Canadians to submit requests to 210 federal institutions

When workplace restrictions are eased and capacity increased, in accordance with ongoing public health advice, ATIP offices are addressing outstanding requests. In particular, where there is increased access to offices, institutions are able to make progress in processing classified records for responses to access to information requests. Progress may be impacted by ongoing provincial lockdowns, given that access to offices may be restricted.

TBS began gathering information on institutions’ request processing capacity in April 2020 and by June 2020, all institutions but one reported having full or partial capacity. In July 2020, the last institution that had indicated it had ceased processing requests reported having partial capacity. As of April 26, 2021, of the 152 institutions that responded to TBS’s biweekly capacity questionnaire, 29 reported having full capacity to respond to request.

The review of the Access to Information Act, which began in June 2020, offers an opportunity to have an open exchange on making access to information systems and processes more resilient.

In October 2018, the government launched the new ATIP Online Request Service to modernize the ATIP process for Canadians. That was an important first step in making ATIP a digital process by enabling Canadians to make access to information and personal information requests electronically to 210 institutions. In its use of artificial intelligence in the portal, the government is helping requesters choose the institution that is most likely to have the information they want. Its continued use during the pandemic has enabled Canadians to submit requests without leaving their homes and institutions to receive requests remotely.

The government continues to update and improve the ATIP Online Request Service with tools and functionality, making the receipt, processing and delivery of requests more secure and efficient. We continue to work on streamlining the process and avoid paper and compact discs.

Parallel to its work on the ATIP Online Request Service, the government is also undertaking a procurement process to ensure modern ATIP request processing software is available to government institutions.

The Office of the Chief information Officer continues to engage with the Offices of the Information Commissioner and Privacy Commissioner to ensure that these oversight bodies are aware of institutions’ operational status.

Ensuring transparency

The Information Commissioner wrote to the President of the Treasury Board on April 2 and April 28, 2020, reminding government of the importance of documenting decisions and recommending measures to reduce the pressures on the access to information system during these extraordinary times.

On July 10, 2020, the Information Commissioner wrote to the President of the Treasury Board calling for strong leadership and concrete actions by government to repair the access to information system.

In response to the Information Commissioner’s concerns, the President of the Treasury Board, in his capacity as designated minister for the administration of the Access to Information Act across the federal government, and as a member of the Cabinet Committee on the federal response to the coronavirus disease (COVID-19), wrote to Cabinet colleagues encouraging ministers to have institutions proactively publish as much information as possible, as well as remind them of the importance of ensuring best practices in information management.

Last April, TBS released guidance entitled “Managing government information when working remotely” as well as a toolkit to further guide employees in managing government information when working remotely. This guidance is meant to reinforce employees’ awareness of their collective responsibility to document decisions of business value and to ensure that government information is managed securely and effectively with respect to legislative and policy requirements, including the requirements of the Access to Information Act and Privacy Act.

32. Access to Information Act review

Issue

The conduct of the government’s Access to Information Act review

Key facts

  • In 2016, the government committed to reform the Access to Information Act in two phases, with Phase I consisting of targeted amendments to deliver on specific commitments, and Phase II constituting a full review of the act.
  • Phase I was accomplished in June 2019, with targeted changes made by Bill C-58.
  • Phase II is now underway with the review of the Access to Information Act that was launched on June 18, 2020.

Response

  • Access to information should reflect today’s digital world and Canadians’ expectations for accessible, timely and trustworthy information.
  • On June 18, 2020, we launched a full review of the Access to Information Act.
  • The review will take a broad look at access to information, which will include:
    • examining the legislative framework
    • identifying opportunities to improve proactive publication to make information openly available
    • assessing processes and systems to improve service and reduce delays
  • On March 31, 2021, we launched public engagement and began receiving submissions through our online engagement portal.
  • On May 20, 2021, we held our first virtual public event. There will be other opportunities for stakeholders, Indigenous groups and representatives, and interested Canadians to share their views over the coming months.
  • This review is an opportunity for Canadians to participate in an open exchange about the right to access government information.

Background

Canada’s current access to information regime dates to 1983, when the Access to Information Act first came into effect. The act represents a key cornerstone of the Canadian democratic system, but its administration across 265 federal institutions faces increasing pressures. In the last five years alone, the number of requests has more than doubled from approximately 68,000 requests in 2014–15 to more than 150,000 in 2019–20.

In 2015, the government made the reform of the access to information regime a key mandate commitment for the President of the Treasury Board. In 2016, the government announced that it would review the Access to Information Act in two phases, with Phase I comprising a targeted set of amendments to deliver on specific commitments, and Phase II representing a full review of the act.

Phase I, or Bill C-58, was introduced in Parliament in June 2017 and received Royal Assent two years later, on June 21, 2019. One of the amendments made to the act through Bill C-58 was a requirement for the President of the Treasury Board to undertake a review of the act within one year of Royal Assent, and every five years thereafter. This requirement represents Phase II of the government’s commitment to reform Canada’s access to information regime.

On June 18, 2020, the government launched the Access to Information Act review in fulfilment of the legislative requirement. The review focuses on three broad areas: reviewing the legislative framework, opportunities to improve proactive publication to make information openly available, and assessing processes and systems to improve service and reduce delays. The Terms of Reference, published on the review web page, outline the mandate of the review and indicate that a final report of recommendations will be submitted to the President of the Treasury Board by January 31, 2022.

The review is seeking the views of Canadians through an online engagement platform and virtual events. The review will also seek the views of national Indigenous organizations, and other Indigenous groups that are interested in access to information issues. A What We Heard report summarizing the input received will be made public in fall 2021.

The President of the Treasury Board invited the Information Commissioner and Privacy Commissioner to provide him with recommendations to improve access to information, given their important roles and expertise. Both Commissioners have responded and submitted their input into the review. The President of the Treasury Board has also sent invitations to the Multi-Stakeholder Forum on Open Government and National Indigenous Organizations. These invitations have been published on the review web page in support of an open and transparent review.

33a. Vaccines: contracting

Issue

Treasury Board is responsible for providing the policy framework for government contracting which includes the purchase of vaccines and related supplies.

Key facts

  • Early in the pandemic, Treasury Board took steps to provide an unlimited emergency contracting limit for the Minister of Public Services and Procurement for the research, development, acquisition and deployment of vaccines in effect until June 30, 2021. As these authorities were set to expire, engagement occurred with PSPC to determine whether an extension was required. As a result, the authorities are now in effect until December 31, 2021.
  • These emergency limits remain necessary to continue to enable quick response to support government operations in an unprecedented situation.
  • PSPC, as the contracting authority for vaccines, and the Public Health Agency of Canada as the technical authority, have the discretion not to disclose information contained within its negotiated contracts to protect sensitive trade information or not to compromise its suppliers’ position within a competitive marketplace.

Response

  • Federal departments and agencies continue to be called upon to deliver, with urgency and speed, as part of the overall Government of Canada response to COVID-19. This includes the procurement of vaccines.
  • To enable PSPC to quickly and efficiently procure vaccines, with the goal of protecting Canadians from COVID-19, the Minister of PSPC has been temporarily provided with an unlimited emergency contracting limit.
  • Most emergency contracts continue to be proactively disclosed on the Open Government website, with possible limited exceptions when there is a concern that such disclosure would compromise the competitive position of the government, such as in the procurement of vaccines.

Background

Basic rules around emergency contracting from Treasury Board Contracting Policy, Appendix C

Until June 30, 2021, every department has a $3-million emergency contracting approval limit, for use in a pressing emergency. Based on feedback from departments, the $3-million emergency limit, has been extended only for the Minister of Health for use by Health Canada and the Public Health Agency of Canada and for the Minister of Innovation, Science and Economic Development for use by National Research Council Canada until December 31, 2021.

PSPC may enter into an emergency contract for the development, acquisition and deployment of vaccines without Treasury Board approval, and also enter into emergency contracts up to $500 million for other COVID-related needs without Treasury Board approval, under with the following conditions:

  • the Minister invokes the National Security or Extreme Urgency provisions of the applicable trade agreements
  • normal contracting procedures can’t be followed due to urgency
  • the applicable departmental minister gives approval to use the special authority

PSPC may also exercise options in emergency contracts and enter into or amend contracts up to $250 million for COVID needs without Treasury Board approval.

PSPC continues to coordinate centralized purchases of specific commodities, such as personal protective equipment, on behalf of the Government of Canada, and the provincial and territorial governments:

  • for emergency procurements above their limits, departments are expected to use PSPC contracting services

Departments can enter into contracts without soliciting bids when “the need is one of pressing emergency in which delay would be injurious to the public interest” as set out in the Government Contracts Regulations.

Normally, departments are required by the Treasury Board Contracting Policy to document all contracting decisions and to report to TBS within 60 days on any contracts and contractual arrangements issued under the emergency contract approval limits. Due to the COVID-19 situation, departments’ ability to meet emergency contracting reporting timelines contracts has been affected.

In response, in December 2020 Treasury Board approved a revised reporting timeline for COVID-19-related emergency contracts to standardize the reporting process and reduce administrative burden. Departments are now required to provide TBS with reports on their COVID-19 contracts every three months with the first report due on April 15, 2021, and the second report due on July 15, 2021.

Policy on decision-making in limiting contractor liability in Crown procurement contracts, section 8.5

Where justified, in emergency contracting situations, departments also have the authority to limit contractor liability or indemnify contractors, subject to chief financial officer approval.

In line with the December 2020 revised emergency contracting reporting timeline, departments are to provide a report to TBS every three months with the first report due on April 15, 2021, and the second report due on July 15, 2021, of the authorization or beginning of the work with all the limitation or indemnification details and including a financial assessment, approved by departmental chief financial officers. For emergency contracts issued by PSPC on behalf of a department, it is the client (that is, spending) department’s chief financial officer that needs to approve. For the unlimited emergency limit for vaccines, the Minister of Public Services and Procurement can approve a limitation of liability.

Proactive publication and protecting the competitive position of the government on emergency contracts

Generally, contracts over $10,000 (including contracts for personal protective equipment) are proactively disclosed on the Open Government website within 30 days after the end of the first three fiscal quarter (and 60 days after the fourth fiscal quarter), unless such contracts are exempt from disclosure under the Access to Information Act.

The disclosure of procurement information in relation to emergency contracts (mostly related to personal protective equipment), such as supplier name and contract value could jeopardize orders and compromise Canada’s negotiating position, particularly in international markets.

In the context of proactive disclosure of contracts over $10,000, the discretionary exemption at paragraph 18(b) of the Access to Information Act may be considered when making an assessment about whether or not to publish information about certain contracts when there is a concern that such disclosure would compromise the competitive position of the government.

Vaccines

PSPC is working with the Public Health Agency of Canada, Health Canada and Innovation, Science and Economic Development Canada to identify and procure potential vaccine candidates and supplies and will report on emergency contracts that includes vaccines to TBS. PSPC has provided some information on vaccine purchases on its website, for added oversight and transparency.

The Government of Canada also continues to purchase the necessary supplies for the administration of different vaccines. Contracts are in place for personal protective equipment and ancillary supplies, such as needles, syringes, swabs and gauze.

33b. Vaccines: HR guidance

Issue

As COVID-19 vaccines are being administered across Canada, OCHRO is providing advice and guidance to federal departments and agencies on vaccination as it relates to public servants in the workplace.

Key facts

  • Many preventive public health measures to reduce the risk of COVID-19 transmission within the workplace are already in place. While vaccination will be an important tool, existing preventive public health measures will remain in place for the foreseeable future.
  • The vast majority of public servants will receive their vaccines through their provincial or territorial health care system, based on each jurisdiction’s vaccination program. While some federal public servant groups identified as high priority based on their interaction with the community may be offered a vaccine in the initial stages, such as health care workers, most will be vaccinated in line with provincial/territorial rollout and eligibility.
  • The federal government is responsible for the vaccination of specific populations not covered by provincial or territorial health systems; for example, Canadian Armed Forces members, federal inmates (Correctional Services Canada) or where a “duty of care” exists to provide health services to employees posted abroad, their dependants and locally engaged foreign nationals.
  • The National Advisory Committee on Immunization has provided recommendations on key populations for early vaccination. However, provinces and territories will make final sequencing decisions based on their own public health considerations. As a result, members of one occupational group in a federal organization may be immunized earlier in one province than their colleagues in another.
  • The Public Health Agency of Canada convenes regular coordination calls with provincial and territorial counterparts to discuss a variety of issues related to vaccine rollout planning. These calls have been used to promote consistency across jurisdictions and address issues of interpretations in implementation.
  • The knowledge around COVID-19 is continuously evolving. This, in turn, generates regular adjustments to public health advice, and the Employer’s positions and advice will be frequently reviewed and adjusted as required.

Response

  • The health and safety of employees remains an absolute priority for the Government of Canada.
  • We continue to be guided by the advice of public health authorities, including the Public Health Agency of Canada and Health Canada’s Public Service Occupational Health Program, on all issues relating to the COVID-19 pandemic, including vaccination.
  • Vaccination program planning and delivery are ultimately provincial and territorial responsibilities. Like all people in Canada, the vast majority of federal employees will be vaccinated according to the vaccination program in the province or territory in which they reside.

Background

Since the situation is very fluid and science evolves at rapid pace in relation to COVID-19, TBS decisions, advice and guidance are, and will continue to be, based on the following principles:

  • taking an evidenced-based approach
  • respecting roles and responsibilities of the Canadian health care system actors
  • respecting provisions of collective agreements
  • clear and timely communications to organizations, employees and bargaining agents
Mandatory vaccination / proof of immunization status

There is presently no federal legislation, regulation or policy that requires employees to be vaccinated to enter a workplace, nor has any federal, provincial or local health authority indicated that they will mandate vaccination for the entire population / workforce.

[redacted]

Currently, the employer does not plan to check the immunization status of all employees for possible return to worksites.

The decision whether or not to make a vaccine mandatory for employees fulfilling a specific activity or position will be based on a task-specific risk assessment in accordance with the departmental Hazard Prevention Program, undertaken in consultation with Health Canada’s Public Service Occupational Health Program or the organization’s own medical advisors, along with the appropriate Health and Safety Committee. It must include human rights, Charter and privacy considerations. 

OCHRO continues to monitor the discussion at the international and national level regarding proof of vaccination initiatives. Further guidance may be considered if required.

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