Appearance Before the House of Commons Standing Committee on Government Operations and Estimates (OGGO) - Main Estimates, 2021–22 - May 2021

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Opening statement and presentation

1. Opening statement

Speech for the Honourable Jean-Yves Duclos, President of the Treasury Board to the Standing Committee on Government Operations and Estimates (OGGO) on the Main Estimates, 2021–22, to be held virtually May 12, 2021

Check against delivery

Introduction

Thank you very much, Mr. Chair.

I would like to begin by thanking the Committee for its invitation to discuss the Main Estimates and the Treasury Board of Canada Secretariat Departmental Plan for 2021–22.

Today, I am joined by some senior officials from my department.

With me are:

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

Main Estimates

The 2021–22 Main Estimates seek funding for the continuation of previously approved programs and services, as well as investments to support Canadians through the COVID-19 pandemic and to establish the essential conditions for a successful economic recovery.

These investments include economic support to Canadian citizens and businesses, vaccine funding, expanded support for pandemic-related mental health tools and virtual care, among others.

The Main Estimates provide information on $342.2 billion in proposed spending for 123 organizations.

This can be further broken down into $141.9 billion in voted expenditures and $200.3 billion in statutory expenditures, already authorized through existing legislation.

In total, $22.7 billion is related to the COVID-19 pandemic response.

This includes just over $10 billion for the Canada Recovery Benefit, the Canada Recovery Sickness Benefit, and the Canada Recovery Caregiving Benefit.

Mr. Chair, I would like to point out some significant changes in statutory spending from last year’s Main Estimates.

These include payments to individuals under the Canada Recovery Benefits Act (as I just mentioned). Other changes of note are updates to major transfer payments (notably elderly benefits and the Canada Health Transfer), and increased Climate Action Incentive Payments published in the Fall Economic Statement 2020.

The Main Estimates exclude certain items listed in the Fall Economic Statement 2020 which do not require annual parliamentary approval, such as the Canada Emergency Wage Subsidy and Employment Insurance.

As for my own department, the Treasury Board of Canada Secretariat, expenditures identified in these Main Estimates include $3.7 billion for items such as government contingencies, government-wide initiatives, compensation requirements, operating and capital budget carry-forward, and paylist expenditures.

For TBS, the remaining expenditures will serve to continue to strengthen the clarity and consistency of financial and performance reporting and support the government’s response to the pandemic.

There is also just over $3 billion for responsibilities as the employer.

These expenditures will serve to make payments under the public service pension, benefit and insurance plans, including the employer’s share of health, income maintenance and life insurance premiums.

Departmentally, expenditures will also help to prepare the public service for the future, support diversity, inclusion and accessibility, and ensure compliance with official languages legislation.

Funds will also be used to negotiate with public sector unions and lead the implementation of the Pay Equity Act.

These activities are further detailed in the Treasury Board of Canada Secretariat’s Departmental Plan, which I understand the Committee has expressed interest in.

TBS Departmental Plan

Departmental Plans play a fundamental role in the expenditure cycle by outlining and describing organizational priorities linked to the funding sought through the Main Estimates.

The Departmental Plans set out the objectives and expected results for departments and how they will achieve these results throughout the year.

In the case of the Treasury Board of Canada Secretariat, I would like to highlight a few of these commitments.

For 2021–22, the Secretariat will support the government’s COVID-19 pandemic response by providing additional guidance to departments for implementing policies, programs and initiatives related to the response.

In collaboration with the Department of Finance Canada, the Secretariat will also track the impact of the government’s fiscal response to inform and support decision-making and investments going forward.

Other important objectives include reducing greenhouse gas emissions from federal operations and recruiting people to the public service from communities across Canada.

The Secretariat is also actively supporting a healthy, safe and inclusive work environment, and accelerating the government’s efforts to achieve a public service that is representative of the Canadian population it serves.

My department is also committed to regulatory reform efforts to assist Canadian businesses in being more competitive, improving transparency, reducing administrative burden and harmonizing regulations.

These reforms will be undertaken while ensuring the protection of the environment and the health, safety, and security of Canadians.

Conclusion

Mr. Chair, the priorities set out in the Secretariat’s departmental plan and the investments requested in the Main Estimates reflect the priorities of Canadians.

We continue to also prioritize the way these Estimates are presented – with extensive explanatory documentation readily accessible to parliamentarians and Canadians alike online.

In closing, thank you again for the invitation to speak with you today.

My officials and I are here to answer any questions you may have.

2. Committee overview (OGGO)

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-Chairs

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 (Public Services and Procurement Canada (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 of Canada Secretariat (TBS), 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 two of these reports to the Committee (March 17, 2021, and April 15, 2021), as well as the information submitted by organizations to TBS (April 23, 2021). The third monthly report will be provided on May 15, 2021.

Main Estimates 2021–22 and Departmental Plans 2021–22

Appearance scheduled for May 12, 2021

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 / MDGO Portfolio

Conservative

  • TBS assessment of the purchase of the Canadian Surface Combatants (National Defence (DND))
  • 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

Government Response to COVID-19
Meeting summaries

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 online 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 access to information and privacy process to keep up and the lack of resources (both in human resources and IT technology). 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 access to information and privacy 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 access to information and privacy 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 meeting started late due to votes in the House of Commons.

The PBO 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 PBO 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 PBO about the lack of transparency from the government on government spending. The PBO was adamant that the method being used before last summer’s prorogation was extremely helpful to the continued work of the PBO and ability to project information. When prompted by the LPC Members, the PBO stated that the measures announced and underway with the projected and actual expenditures would be helpful. The PBO 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 the department’s ability to respond to the PBO in a timely fashion to allow for the continuation of costing and projection reports.

Interest in TBS / MDGO Portfolio

Conservative

  • Issues with secrecy within the public sector
  • Asked questions on possible access to information and privacy reform
  • Protection of whistleblowers
  • Transparency of procurement contracts related to COVID

Liberal

  • Protection of whistleblowers

Bloc Québécois

  • Transparency of procurement contracts related to COVID

New Democratic Party

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

December 2, 2020: Parliamentary Budget Officer

The PBO 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 PBO’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 PBO 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 PBO 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 PBO 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 PBO 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 / MDGO Portfolio

Conservative

Liberal

  • Quality of information provided to the Finance Committee (FINA) in the 43-1 Parliament by the Department of Finance Canada
  • 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 / MDGO 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

  • PBO 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
Other relevant parliamentary activity
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 New Democratic Party (NDP) Members also wanted more information and updates on the access to information progress that the government has made after the initial problems in the spring. The Minister of Digital Government and Officials highlighted that access to information 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 PBO 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 / MDGO Portfolio

Conservative

  • Access to information requests
  • Official languages requirements and guidelines for Treasury Board submissions
  • Transparency in the Estimates (PBO Report on the Supplementary Estimates (B) 2020–21)
  • Cybersecurity concerns (quantum computing)
  • Use of leave code 699
  • Purchase of home office furniture
  • Divesting of public service buildings (future of working from home)

Liberal

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

Bloc Québécois

New Democratic Party

Other relevant parliamentary activity

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 the Main Estimates 2021–22

Issue

Main Estimates, 2021–22 present a total of $342.2 billion in budgetary spending, which reflects $141.9 billion to be voted and $200.3 billion in forecast statutory expenditures.

Key facts

  • Main Estimates, 2021–22 levels are $37.6 billion higher than those of 2020–21.
  • Roughly $22.7 billion of the requirements are for the government’s response to the public health, social and economic impact on Canadians of the COVID-19 global pandemic.
  • These Estimates also present $4.5 billion in loans, investments and advances.
  • New spending announced in Budget 2021 will be presented in future Estimates.

Response

  • These Estimates reflect the government’s continuing commitment to invest in the response to the COVID-19 pandemic, from economic support to Canadian citizens and businesses, to vaccine funding, to expanded support for pandemic-related mental health tools, virtual care and more.
  • Through the Main Estimates and related documents, the Government of Canada provides insight into how it proposes to allocate taxpayers’ money to help ensure government spending is transparent and accountable to parliamentarians and Canadians.
  • To provide further transparency and ease of reference, these Estimates and other data on government finances, people and results are also available on GC InfoBase, a visualization tool that turns complex data into simple, visual stories.

Background

Main Estimates, 2021–22 present $141.9 billion of budgetary voted expenditures and $180.7 million in non-budgetary voted expenditures (loans, investments and advances).

Main Estimates, 2021–22 also include information on $200.3 billion of statutory budgetary spending and $4.3 billion of statutory non-budgetary expenditures.

The level of voted budgetary spending is $37.6 billion higher than what was presented in the 2020–21 Main Estimates but much ($136.5 billion) lower than the total Estimates for 2020–21.

Voted spending will be authorized through two appropriation bills. The first, Interim Supply, was approved by Parliament in March for spending until the end of June 2021. The second, Full Supply, will be introduced in June for the balance of funding presented in the Main Estimates.

Significant changes in statutory spending from the 2020–21 Main Estimates include:

  • new payments to individuals under the Canada Recovery Benefits Act
  • increases in major transfer payments (as published in the Fall Economic Statement 2020), most notably elderly benefits and the Canada Health Transfer
  • an increase in Climate Action Incentive Payments
  • a decrease in interest on unmatured debt

Main Estimates 2021–22: government-wide / largest departments

4. National Defence

Issue

What requirements are National Defence presenting in the 2021–22 Main Estimates?

Key facts

  • National Defence is the largest department in the federal government. It presents budgetary expenditures of $24.3 billion in the 2021–22 Main Estimates.
  • Main Estimates, 2021–22 levels are roughly $1 billion higher than those of 2020–21.

Response

  • The Main Estimates provide information on $342.2 billion in proposed spending for 123 organizations, including $141.9 billion in voted expenditures.
  • These Estimates reflect the government’s investment in response to the COVID-19 pandemic, as well as continued support for ongoing priorities that are vital to the interests of Canadians, including national security and defence.
  • National Defence is presenting $22.8 billion in voted expenditures in the 2021–22 Main Estimates, which includes investments in the Strong, Secure and Engaged defence policy, as well as important funding for equipment upgrades.
  • National Defence is also funding the continued implementation of initiatives and programs set out in the Canadian Armed Forces Sexual Misconduct Response Strategy to ensure Canadian Armed Forces members affected by sexual misconduct have access to the supports and services they need.

Background

National Defence is presenting budgetary expenditures of $24.3 billion in the 2021–22 Main Estimates. Of this amount, $22.8 billion in voted expenditures must first be approved by Parliament. The remaining $1.5 billion is for statutory expenditures, almost entirely employee benefits for both Canadian Forces members and civilian employees.

Main Estimates, 2021–22 levels are roughly $1 billion higher than those of 2020–21.

Major factors contributing to the net increase in authorities include:

  • an increase in capital funding related to the Strong, Secure, Engaged defence policy for investments in major capital projects such as the Joint Support Ship, Canadian Surface Combatant, and the Hornet Extension Project (see information below on these three projects)
  • an increase in operating funding related to the Strong, Secure, Engaged defence policy
  • an increase in grants and contributions funding related to the Inuvik Runway Extension Project (funded through the Capital Assistance Program) and Innovation for Defence Excellence and Security

Joint Support Ship: Construction of the first Joint Support Ship will progress under the full-build contract that was awarded in June 2020. It is anticipated that the majority of steelwork on the first vessel will be completed in 2021 and that significant progress will be made in integrating and outfitting the ship. Deliveries of the associated Sea to Shore transport systems are also planned for fiscal year 2021–22.

Canadian Surface Combatant: Design and production engineering of the Canadian Surface Combatant continues through fiscal year 2021–22. These 15 vessels will be the backbone of the Royal Canadian Navy, playing a variety of roles and capable of meeting multiple threats in both open oceans and complex coastal environments. These new ships will allow us to monitor and defend our waters and contribute significantly to international naval operations.

CF-18 Hornet Extension Project: This project consists of upgrading and implementing new capabilities to maintain the operational effectiveness of the CF-18 Hornet up to 2032 when the replacement fighter aircraft becomes fully operational. These upgrades will enable the Government of Canada to continue to defend the sovereignty and security of Canada, meet its NORAD and NATO commitments, and contribute meaningfully to other international security operations. Most of the project entered the implementation phase in May 2020. For fiscal year 2021–22, the project will involve taking delivery of some equipment and commencing aircraft prototyping and software development.

Canadian Armed Forces response to sexual misconduct

In 2020, the Canadian Armed Forces (CAF) published The Path to Dignity and Respect: the Canadian Armed Forces Sexual Misconduct Response Strategy, a culture change strategy designed to prevent and address sexual misconduct in the CAF and increase support for persons affected by sexual misconduct. In fiscal year 2021–22, the CAF will continue to implement initiatives and programs set out in The Path and measure the established indicators to ensure continuous evaluation and improvement.

As a result of the CAF-DND Sexual Misconduct Class Action settlement, the Sexual Misconduct Response Centre is playing a lead role in two aspects of the settlement: the setting up of the Survivor Support Consultation Group, and the implementation of the Restorative Engagement program in partnership with Integrated Conflict and Complaint Management.

The Survivor Support Consultation Group will implement a plan to ensure that all CAF members affected by sexual misconduct have access to the supports and services they need. The Restorative Engagement program will give the plaintiffs of the CAF-DND Sexual Misconduct Class Action (class members) an opportunity to share their experience of sexual misconduct in the military with a senior defence representative.

More information on planned operations, development and support of personnel, response to sexual misconduct, and key defence procurement projects can be found in the department’s 2021–22 Departmental Plan.

5. Indigenous Services Canada

Issue

What requirements are being presented by the Indigenous Services Canada in the 2021–22 Main Estimates?

Key facts

  • Indigenous Services Canada is the second-largest department in the federal government. It presents budgetary expenditures of $13.5 billion in the 2021–22 Main Estimates.
  • Main Estimates, 2021–22 levels are roughly $700 million higher than those of 2020–21.

Response

  • These Main Estimates reflect the government’s investment in response to the COVID-19 pandemic, as well as continued support for ongoing priorities that are vital to the interests of Canada’s Indigenous peoples.
  • These Estimates provide information on $342.2 billion in proposed spending for 123 organizations, including $141.9 billion in voted expenditures.
  • Included for Indigenous Services Canada in the Estimates is a proposed net increase of $508.6 million to improve access to safe, clean drinking water in First Nation communities.
  • In addition, proposed spending includes increases of $122.6 million for supportive care in Indigenous communities, and $104.7 million for education programs at the elementary, secondary and post-secondary levels.

Background

Indigenous Services Canada is presenting budgetary expenditures of $13.5 billion in the 2021–22 Main Estimates. Of this amount, roughly $13.4 billion in voted expenditures must first be approved by Parliament. The remaining $120 million is for statutory expenditures, mostly for employee benefits.

Main Estimates, 2021–22 levels are roughly $700 million higher than those of 2020–21.

Major factors contributing to the net increase in authorities include:

  • a net increase of $508.6 million to improve access to safe, clean drinking water in First Nation communities
  • an increase of $122.6 million for supportive care in Indigenous communities
  • a net increase of $104.7 million for elementary and secondary education as well as post-secondary education programs
Drinking water advisories

One of Indigenous Services Canada’s key priorities is to eliminate all long-term drinking water advisories on reserve, which is part of a broader strategy to help build sustainable foundations for safe water systems. Action plans for each community with a persisting long-term drinking water advisory are in place, and targeted action will take place over the next year to resolve these advisories, including acceleration measures in line with community priorities where possible. In addition, the department will support Indigenous-led engagement processes, review safe drinking water legislation, and co-develop long-term strategies for sustainable drinking water and wastewater.

More information on the COVID-19 response in Indigenous communities, building reliable and sustainable infrastructure, and support for families and children can be found in the department’s 2021–22 Departmental Plan.

6. Public Health Agency of Canada

Issue

What requirements are being presented by the Public Health Agency of Canada in the 2021–22 Main Estimates?

Key facts

  • The Public Health Agency of Canada leads the emergency and medical response to the COVID-19 pandemic. It presents budgetary expenditures of $8.8 billion in the 2021–22 Main Estimates.
  • As a result of the pandemic, the resource needs of the Agency have grown greatly: Main Estimates, 2021–22 levels are roughly $8.1 billion higher than those of 2020–21.

Response

  • The government is making the necessary investments to give Canadians the support they need to address the effects of the COVID-19 pandemic, and by establishing the essential conditions for a successful economic recovery.
  • Through these Main Estimates, the Public Health Agency of Canada is seeking Parliament’s authority to spend $8.7 billion in voted expenditures.
  • With this funding the Public Health Agency will continue its important efforts to help Canadians get through the pandemic, including investing in vaccines, medical equipment, and operations to maintain a sustained response.

Background

The Public Health Agency of Canada is presenting budgetary expenditures of $8.8 billion in the 2021–22 Main Estimates. Of this amount, roughly $8.7 billion in voted expenditures must first be approved by Parliament. The remaining $79 million is for statutory expenditures, mostly for employee benefits.

Main Estimates, 2021–22 levels are roughly $8.1 billion higher than those of 2020–21.

Major factors contributing to the net increase in authorities include:

  • investing in COVID-19 vaccines and therapeutics as well as personal protective and medical equipment
  • supporting key resources and operations to maintain a sustained response to the COVID-19 pandemic
  • addressing gaps in bio-manufacturing
  • maintaining federally managed quarantine facilities, strengthening the border and travel health program, and supporting municipalities in providing safe voluntary isolation spaces to protect against further transmission

The Public Health Agency of Canada’s priority for 2021–22 will be to provide Canadians with access to safe and effective vaccines to protect against COVID-19. The Agency’s Vaccine Rollout Task Force will continue to work with provinces and territories to prioritize the vaccination of high-risk populations and those living or working in conditions with an elevated risk for infection or disproportionate consequences. The Agency will implement surveillance systems to monitor the safety and efficacy of COVID-19 vaccines and establish a pan-Canadian Vaccine Injury Support Program to decrease vaccine hesitancy.

The Public Health Agency of Canada will also increase COVID-19 surveillance and research to enhance the evidence base and improve our ability to combat the disease. On behalf of the Government of Canada, the Agency will continue to lead the procurement of testing supplies for use across Canada and provide federal testing support services for federal testing needs, such as in northern, remote and Indigenous communities.

More information on the COVID-19 response, and other priorities such as suicide prevention, reduction of overdose deaths and creation of a National Autism Strategy, can be found in the Agency’s 2021–22 Departmental Plan.

7. Global Affairs Canada

Issue

What requirements are being presented by Global Affairs Canada in the 2021–22 Main Estimates?

Key facts

  • Global Affairs Canada presents budgetary expenditures of $6.7 billion in the 2021–22 Main Estimates.
  • Main Estimates, 2021–22 levels are roughly $800 million lower than those of 2020–21.

Response

  • The Main Estimates provide information on $342.2 billion in proposed spending for 123 organizations, including $141.9 billion in voted expenditures.
  • These Estimates reflect the government’s investment in response to the COVID-19 pandemic, as well as continued support for ongoing priorities that are vital to the interests of Canadians, including international development and diplomacy.
  • Through the proposed funding in these Estimates, Global Affairs Canada will continue to implement Canada’s feminist foreign policy, support actions to reduce poverty and fragility in developing countries, work with global partners to promote trade, and continue to strengthen its consular program.

Background

Global Affairs is presenting budgetary expenditures of $6.7 billion in the 2021–22 Main Estimates. Of this amount, roughly $6.3 billion in voted expenditures must first be approved by Parliament. The remaining $377 million is for statutory expenditures, primarily for payments to international financial institutions and for employee benefits.

Main Estimates, 2021–22 budgetary levels are roughly $800 million lower than those of 2020–21.

Major factors contributing to the net decrease in authorities include:

  • a decrease of $363.0 million related to helping developing countries address the impact of climate change
  • a decrease of $249.7 million related to the sunsetting of funds received for Renewing Canada’s Middle East Strategy
  • a decrease of $124.5 million related to implementing the Feminist International Assistance Agenda

The department is also presenting non-budgetary expenditures of $154 million in loans for international financial assistance.

In 2021–22, the department will continue to implement Canada’s feminist foreign policy, which reflects a conviction that all people should enjoy the same human rights and opportunities to succeed. Key to this will be efforts to dismantle persistent discriminatory practices and structural barriers that, intentionally or not, result in inequality or exclusion of diverse groups.

lobal Affairs Canada will support actions to reduce poverty and fragility in developing countries and will work with global partners to promote trade. The department will continue to strengthen and modernize its consular program, supported by Canada’s network of missions abroad.

More information on the department’s priorities can be found in its 2021–22 Departmental Plan.

8. Veterans Affairs

Issue

What requirements are being presented by Veterans Affairs in the 2021–22 Main Estimates?

Key facts

  • Veterans Affairs presents budgetary expenditures of $6.3 billion in the 2021–22 Main Estimates.
  • Main Estimates, 2021–22 levels are roughly $1.1 billion higher than those of 2020–21.

Response

  • The Main Estimates provide information on $342.2 billion in proposed spending for 123 organizations, including $141.9 billion in voted expenditures.
  • These Estimates reflect the government’s investment in response to the COVID-19 pandemic, as well as continued support for ongoing priorities that are vital to the interests of Canadians.
  • With the proposed funding in these Estimates, Veteran’s Affairs Canada will continue to deliver important services and ensure benefit programs continue to meet the needs of Canada’s Veterans.

Background

Veterans Affairs is presenting budgetary expenditures of $6.3 billion in the 2021–22 Main Estimates. Of this amount, more than $6.2 billion in voted expenditures must first be approved by Parliament. The remaining $44.0 million is for statutory expenditures, almost entirely for employee benefits.

Main Estimates, 2021–22 budgetary levels are roughly $1.1 billion higher than those of 2020–21. The net increase in authorities is largely due to the growing demand for the Pension for Life programs. Introduced in 2019–20, these programs have seen a greater uptake than originally forecasted. In addition, the number of Veterans choosing lump-sum payments over monthly payments for the new Pain and Suffering Compensation Benefit has resulted in increased planned spending for 2021–22. The year-over-year increase will also support departmental capacity and efforts to address the backlog and improve wait times for disability benefits.

In 2021–22, the department will continue to deliver services and benefits to Canada’s Veterans. The department will implement new processes, increase automation, leverage technology and focus on improving service delivery. This is in addition to the nearly $200 million already invested to hire additional staff and to develop dedicated Spike Teams to address the backlog.

More information on the department’s priorities can be found in its 2021–22 Departmental Plan.

Main Estimates 2021–22: TBS perspective

9. Treasury Board of Canada Secretariat and Treasury Board Central Votes

Issue

What requirements are being presented by TBS in the 2021–22 Main Estimates?

Key facts

  • TBS presents budgetary expenditures of $7.0 billion in the 2021–22 Main Estimates. This amount includes roughly $3.0 billion for public service insurance and $3.7 billion in other Treasury Board Central Votes which can later be allocated among organizations.
  • Main Estimates, 2021–22 levels are roughly $1.0 billion higher than those of 2020–21.

Response

  • These Main Estimates include a number of special votes, totalling roughly $3.7 billion, for managing the government’s financial, human and materiel resources, much of which is transferred to other federal organizations.
  • There is also just over $3 billion for responsibilities as the employer. These expenditures will serve to make payments under the public service pension, benefit, and insurance plans, including the employer’s share of health, income maintenance and life insurance premiums.
  • TBS’s Main Estimates include a net increase of $27.0 million to program expenditures, primarily to allow the Canadian Digital Service to continue providing critical digital products and services related to the COVID-19 pandemic and fostering a diverse and inclusive public service.

Background

TBS is presenting budgetary expenditures of a little over $7.0 billion in the 2021–22 Main Estimates. Of this amount, just under $7.0 billion in voted expenditures must first be approved by Parliament. The remaining $32 million is for statutory expenditures, almost entirely for employee benefits.

To support the Treasury Board in managing the government’s financial, human and materiel resources, a number of special votes are required. These Main Estimates include:

  • $750 million in Treasury Board Vote 5, Government Contingencies, which allows Treasury Board to provide for miscellaneous, urgent or unforeseen expenditures that are not otherwise provided for in the authorities approved through departmental votes. The same amount was presented in the 2020–21 Main Estimates.
  • $111 million in Treasury Board Vote 10, Government-Wide Initiatives, which supports strategic management initiatives of the federal public administration. The amount of this vote fluctuates from year to year. In the 2020–21 Main Estimates, roughly $31 million was included in this vote.
  • $1.6 billion in Treasury Board Vote 25 to allow for the carry-forward of unspent operating funds. The same amount was presented in the 2020–21 Main Estimates.
  • $600 million in Treasury Board Vote 30, Paylist Requirements, which allocates funds to departments for maternity and parental allowances, severance pay, and other payments related to changes to the terms and conditions of employment. The same amount was presented in the 2020–21 Main Estimates.
  • $600 million in Treasury Board Vote 35 to allow for the carry-forward of unspent capital funds. The same amount was presented in the 2020–21 Main Estimates.

Main Estimates, 2021–22 levels are roughly $1.0 billion higher than those of 2020–21.

Major factors contributing to the net increase in authorities include:

  • a net increase of $876.9 million to Vote 20, Public Service Insurance, primarily related to the inclusion of additional funding for the Public Service Insurance Plan and Programs, and the Disability Insurance Plan, in the Main Estimates instead of in the Supplementary Estimates, as was the case for 2020–21 when the total year-end vote amount was roughly the same
  • a net increase of $80.1 million to Vote 10, Government-Wide Initiatives, primarily related to the Public Service Alliance of Canada (PSAC) Memorandum of Agreement on damages caused by the Phoenix pay system, the Application Modernization Initiative, as well as funding for the Program and Administrative Services Group Modernization
  • a net increase of $27.0 million to Vote 1, Program Expenditures, primarily related to the continuation of the Canadian Digital Service, providing critical digital products and services related to the COVID-19 pandemic, and fostering a diverse and inclusive public service

More information on promoting a more diverse and inclusive public service, as well as on other TBS priorities, can be found in the Secretariat’s 2021–22 Departmental Plan.

2021–22 Departmental Plans

10. Departmental Plans: overview

Issue

Background for tabling of 2021–22 Departmental Plans.

Key facts

  • Departmental planning has been part of ongoing efforts to improve reporting to Parliament over the last 25 years.
  • Results and indicators are fully reported for each organization’s core responsibilities and, on a more limited basis, for individual programs.
  • Assessed performance of planned results for 2021–22 will be reported in fall 2022.

Response

  • The Government of Canada is committed to delivering on its agenda in a manner that is open and accountable to Canadians and Parliament.
  • Departmental Plans help Canadians and parliamentarians understand how federal organizations will support the government in achieving its agenda in the coming fiscal year by outlining expected outcomes and results.
  • This year’s planning takes into account COVID-19, including ongoing actions to support Canadians as well as any operational impacts on existing programs.
  • Departments also outline the actions they are taking to support gender and diversity outcomes, and to better measure the gender and diversity impacts of each of their programs.
  • Canadians and parliamentarians can track the progress on the plans using GC InfoBase, an easy-to-understand tool that instantly provides results information on an ongoing basis by department, further enhancing accountability.

Background

Departmental Plans and Departmental Results Reports have been part of ongoing efforts to improve reporting to Parliament over the last 25 years. These reports are part of the Estimates family of documents, including the Main Estimates.

Departmental Plans are tabled around the time of the Main Estimates, just prior to the start of the fiscal year. They outline how each department plans to achieve its departmental results, under each of its core responsibilities. They include, for example:

  • key initiatives, activities and actions the department plans to take in pursuit of these results, including actions to support or align with the Minister’s key mandate letter commitments and with any departmental priorities or government-wide priorities
  • past results, lessons learned, corrective actions taken, or evaluations that will affect how the department plans to achieve the departmental results for the core responsibility
  • information about the financial and human resources that will be used to carry out the core responsibility

The Departmental Results Reports provide Canadians with a clear view of the results achieved by Government of Canada organizations and how they used their resources to achieve those results. They also contain measurements of progress towards the objectives set in Departmental Plans, and an update on resources actually used to achieve the results.

Performance objectives set in the 2021–22 Departmental Plans will be reported in fall 2022.

Departmental Plans form the baseline against which organizations track and report on their year-end performance through Departmental Results Reports. They link program performance and planned results to mandate letter commitments and government priorities. This detailed program information is also available online in GC InfoBase and on departmental websites.

In 2020–21, across 86Footnote 1 organizations, GC InfoBase reports 1,543 different results that organizations are seeking to achieve and 2,728 indicators to measure progress. Results and indicators are fully reported for each organization’s core responsibilities and, on a more limited basis, for individual programs.

11. 2021–22 Departmental Plan: TBS

Issue

What spending did TBS present to Parliament in its 2021–22 Departmental Plan?

Key facts

  • Departmental Plans have been part of ongoing efforts to improve reporting to Parliament over the last 25 years.
  • TBS’s Departmental Plan includes $7.02 billion in total planned spending.
  • 2,024 full-time equivalents (FTEs) are planned by TBS in the Departmental Plan to achieve results.

Response

  • The Government of Canada is committed to delivering its plans and priorities in a manner that is open, transparent and accountable to Canadians and parliamentarians.
  • The Departmental Plans set out the objectives and expected results for departments and how they will use tax dollars to achieve these results throughout the year.
  • TBS’s planned spending totals $7.02 billion and includes all core responsibilities (spending oversight, administrative leadership, employer of the government, regulatory oversight and internal services), and includes namely:
    • $3.7 billion for spending oversight to improve the accountability of how taxpayer dollars are spent, strengthen the clarity and consistency of financial and performance reporting and to support the government’s response to the COVID-19 pandemic
    • $3.1 billion for TBS’s responsibilities as the employer to prepare the public service for the future, set the strategic direction for people and workplace management, ensure compliance with official languages legislation, negotiate with public sector unions, and lead the implementation of the pay equity
  • TBS is also supporting the government’s response to the COVID-19 pandemic.

Background

TBS’s 2021–22 Departmental Plan presents $7,022.1 million ($7 billion) in total planned spending, which includes a total of 2,024 total FTEs.

The breakdown of these planned departmental expenditures consists of:

  • $3.7 billion and 303 FTEs to spending oversight to improve the accountability of how taxpayer dollars are spent, as well as strengthen the clarity and consistency of financial and performance reporting. In addition, TBS will support the government’s response to the COVID-19 pandemic by:
    • helping departments draft proposals for implementing government policies and programs to respond to the pandemic
    • tracking, in partnership with the Department of Finance Canada, the fiscal impact of the government’s pandemic response to inform and support decision-making across government   
  • $104.4 million and 608 FTEs to administrative leadership as TBS leads government-wide initiatives, develops policies, and sets the strategic direction for federal government administration. As well, TBS will work with departments to better manage government assets, improve project management, and make government operations greener. In addition, TBS will support the government’s response to the COVID-19 pandemic by:
    • delivering critical services, including the COVID Alert app and encouraging provinces and territories to adopt it so that all Canadians will have access to it
    • leading the implementation of generational investments to update and replace outdated information technology systems and modernize the way government delivers benefits and services to Canadians
    • advancing open government, including by undertaking a comprehensive review of the Access to Information Act
  • $3.1 billion and 414 FTEs to employer responsibilities as TBS develops policies and sets the strategic direction for people and workplace management in the public service. As well, work with departments to ensure compliance with official languages legislation, negotiate in good faith with public sector unions, and lead the implementation of the Pay Equity Act in the core public administration and the Royal Canadian Mounted Police (RCMP). In addition, TBS will work with departments to prepare the public service for the future by:
    • exploring enhanced flexibility in working arrangements
    • achieving a more diverse and inclusive public service
    • modernizing business practices in anticipation of adopting the next-generation human resources and pay system
  • $9 million and 57 FTEs to regulatory oversight as TBS works with departments to improve regulatory transparency, modernize the regulatory system, and reduce administrative burden on Canadian businesses by:
    • reviewing the Red Tape Reduction Act
    • overseeing targeted regulatory reviews to remove bottlenecks to economic growth and innovation
    • working with other governments to reduce regulatory barriers to trade and investment, while continuing to support the health, safety and environmental protection objectives of the Government of Canada
  • $91.5 million and 642 FTEs to internal services

Hot Issues for TBS: supply cycle

12. COVID-19 supply cycle management

Issue

The provision of supply to government organizations for continuing operations and the implementation of COVID-19 response measures

Key facts

  • Parliament has passed a number of Acts to provide supply for COVID-19 response measures. The primary ones are summarized below:

Legislation

Authority

Effective date

Changes to the Financial Administration Act made by the COVID-19 Emergency Response Act (Bill C-13)

Payments to provinces or territories (for example, to safely restart the economy)

Covered the period between March 25, 2020, and September 30, 2020

Expired

Public Health Events of National Concern Payments Act enacted by the COVID-19 Emergency Response Act (Bill C-13) and later extended (Bill C-4)

Medical and health and safety measures (for example, medical research, purchases of personal protective equipment), support for individuals (for example, the Canada Emergency Response Benefit) and businesses (for example, the Canada Emergency Commercial Rent Assistance)

Covered the period between March 25, 2020, and December 31, 2020

Expired

COVID-19 Emergency Response Act, No. 2 (Bill C-14, C-20 and C-9)

Canada Emergency Wage Subsidy

Subsidy period began March 15, 2020, and ends June 30, 2021

An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) (Bill C-9)

Canada Emergency Rent Subsidy

Subsidy period began September 27, 2020, and ends June 30, 2021

Canada Recovery Benefits Act enacted by COVID-19 Response Measures Act (Bill C-4)

Payment of the Canada Recovery Benefit, the Canada Recovery Sickness Benefit and the Canada Recovery Caregiving Benefit

Benefit period began September 27, 2020, and ends September 25, 2021

An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction on eligibility) and another Act in response to COVID-19 (Bill C-24)

Increased the maximum number of weeks of Employment Insurance benefits to 50

The increase relates to claimants whose benefit period begins between September 27, 2020, and September 25, 2021

Proposed (completed second reading): Economic Statement Implementation Act, 2020 (Bill C-14)

Waives interest on student and apprentice loans. Provides four additional allowance payments of $300 for children under 6.

Payments that were to be made by March 31 (such as extension of the Canada Emergency Response Benefit, listed health and border measures) were paid instead through existing appropriations if required.

Loan interest waived for the period April 1, 2021, to March 31, 2022. Allowance payments relate to children under 6 as at January, April, July and October 2021.

Proposed (currently at second reading): An Act to amend the Federal-Provincial Fiscal Arrangements Act, to authorize certain payments to be made out of the Consolidated Revenue Fund and to amend another Act (Bill C-25)

Additional payments to provinces and territories: $1 billion for immunization, $4 billion to provinces and territories related to the Canada Health Transfer and $2.2 billion for infrastructure

N/A

Appropriation Acts

Appropriation Act No. 1, 2021–22 (Bill C-27) interim supply for expenditures presented in Main Estimates 2021–22

Regular government operations as well as response measures and emergency supports

Provides enough funding to cover the period between April 1 and June 30, 2021

  • In general, statutory measures focus on direct support for individuals and businesses, or large-scale expenditures needed in the immediate term.
  • Main Estimates, 2021–22 provides a summary of COVID-19-related legislation and the financial authorities provided through those Acts.

Response

  • The government has a strong fiscal management system that ensures public funds are used responsibly, as authorized by Parliament.
  • The government is making the necessary investments to give Canadians the support they need to address the effects of the COVID-19 pandemic and establishing the essential conditions for a successful economic recovery.
  • The Main Estimates 2021–22 provide information on planned spending for 2021–22, including on a number of statutory measures. An appropriation bill providing roughly $59 billion in interim supply for this fiscal year was approved in March to continue to fund the government’s key operations which include COVID-19 response measures and emergency supports.

Background

Parliamentary approval of COVID-19 response measures

A number of Acts from both sessions of the 43rd Parliament have provided statutory spending authority to respond to the pandemic and related economic crisis. The most important of these Acts are summarized in the table under “Key facts.”

Main Estimates, 2021–22 reflects a total of $22.7 billion in expenditures relating to COVID-19, of which $22.1 billion is outlined in the COVID-19 Economic Response Plan (2020 Fall Economic Statement), and $0.6 billion is for other related initiatives. Of that amount, $11.6 billion is in voted expenditures, $104 million is for employee benefit plans and $11.0 billion is for other statutory expenditures.

Overall, five organizations account for 95% of the total COVID-19 authorities included in the 2021–22 Main Estimates:

  • Employment and Social Development Canada ($11.7 billion)
  • Public Health Agency of Canada ($8.1 billion)
  • Health Canada ($0.9 billion)
  • Natural Resources Canada ($0.6 billion)
  • Innovation, Science and Economic Development Canada ($0.3 billion)

The full list of measures related to Canada’s COVID-19 Economic Response Plan can be found on GC InfoBase.

The Main Estimates include an online annex on COVID-19 Planned Expenditures. That annex reconciles the $22.7 billion in Main Estimates with the $50.6 billion set out in the Fall Economic Statement 2020. The difference primarily relates to two items which are not included in Estimates:

  • $16.2 billion for the Canada Emergency Wage Subsidy, which is legislated through the Income Tax Act
  • $6.4 billion in increased Employment Insurance benefits, which are paid directly out of the Employment Insurance Operating Account
Supply cycle

The regular supply cycle continues to provide funding for COVID-19 response and normal government operations:

Appropriation Act No. 1, 2021–22 received Royal Assent on March 30, providing roughly $59 billion in interim supply for the Main Estimates for this fiscal year.

13. Financial reporting and transparency

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

  • The government prepares many financial reports for the use of parliamentarians in scrutinizing planned and actual spending.
  • Through their study of the Estimates and individual departmental programs, Standing Committees are able to ask questions of Ministers and officials, to obtain additional information, analysis and explanation of program design, finances and results.
  • The Estimates documents, data sets and online annexes continue to evolve, to better support parliamentary scrutiny.
  • One key element in this evolution is the reconciliation of the Estimates with the spending measures set out in the government’s fiscal policy documents. In the 2021–22 Main Estimates, we compare those planned expenditures with those set out in the 2020 Fall Economic Statement 2020.
  • In addition, recognizing the extraordinary circumstances and spending levels driven by the pandemic, we have also introduced detailed reporting on activities related to COVID-19:
    • The Main Estimates include a listing of relevant legislation in the Government Expenditure Plan, Part 1, and further details in an online annex.
    • GC InfoBase includes lists of spending authorities linked to the 2020–21 Supplementary Estimates and the 2021–22 Main Estimates.
    • Beginning in March 20201, TBS reports monthly to this Committee spending measures, commitments and lapses.

Response

  • Openness, transparency and accountability are guiding principles for the government. They are also the main drivers behind collecting and compiling data, and preparing and publishing a wide range of analytical products and reports.
  • The Estimates documents, including the Departmental Plans and Departmental Results Reports, play an important role by presenting parliamentarians and Canadians with details on a significant portion of the government’s planned spending.
  • In the last few years, we have taken steps to improve the transparency of reporting in the Estimates. For example, we publish a bottom-line reconciliation of the spending forecast in the Estimates to the most recent Budget or Economic Statement. In the 2021–22 Main Estimates, we compare those planned expenditures with those set out in the 2020 Fall Economic Statement 2020.
  • Recognizing the extraordinary circumstances and spending levels driven by the pandemic, we now publish a separate summary of spending authorities related to COVID-19. These authorities are also reconciled to the government’s COVID-19 Economic Response Plan, as presented in the 2020 Fall Economic Statement.
  • 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, in response to a motion adopted by the Committee in early March.

Background

Parliament receives detailed financial information throughout the year.

Before the introduction of the first appropriation bill for a fiscal year, Parliament receives information on planned spending in the Main Estimates and planned results for the next three years through individual Departmental Plans. Additional funding requirements during the fiscal year are presented in Supplementary Estimates. Both Main and Supplementary Estimates include information on planned spending which has already been approved through legislation other than an appropriation bill, as well as forecasts of how departments will spend their funding on various categories of goods and services (standard objects) and by program or purpose.

Actual spending is reported during the fiscal year, through the Fiscal Monitor – a report on the consolidated financial results of the Government of Canada, prepared monthly by the Department of Finance Canada. After the end of the year, financial results are published in the Public Accounts and results-based information, in individual Departmental Results Reports.

Ministers and departmental officials appear regularly before parliamentary committees to provide supplemental information and aid those committees in their studies.

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 spring 2020, the Minister of Finance reported on a biweekly basis to the House of Commons Standing Committee on Finance on the use of statutory expenditures for COVID-19 response. This practice ended with prorogation in August 2020.

More recently, additional reporting has been included in Supplementary Estimates (C), 2020–21 and Main Estimates 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 as part of the COVID-19 Economic Response Plan (Chapters 1 and 2 of the Fall Economic Statement 2020)

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

Given the extraordinary context of the pandemic, additional efforts to collect expenditures related to Canada’s COVID-19 Economic Response Plan have been done on an exceptional basis, and these efforts have not been audited. The scope of this collection effort has focused primarily on COVID-19 spending that falls within planned authorities as outlined in the Estimates.

More recently, these estimated expenditures are being reported monthly to the Standing Committee on Government Operations and Estimates. This reporting began in March 2021 in response to a motion adopted by the Committee.

The estimated expenditures reported include only the cash payments that have been made to suppliers for goods and services or to grants and contributions recipients and do not represent the implementation status or results achieved for a measure. Final expenditures for 2020–21 will be reported in the Public Accounts of Canada 2021 (expected fall 2021).

To provide further transparency and ease of reference, Estimates and other data on government finances, people and results are also available on GC InfoBase, an online visualization tool that turns complex data into simple, visual stories.

14. Budget 2021 implementation

Issue

When will organizations receive new funding announced in Budget 2021?

Key facts

  • New funding announced in Budget 2021 will be included in future Estimates documents.

Response

  • The 2021–22 Main Estimates reflect the government’s continued investment in the COVID-19 pandemic response, from economic support to Canadian citizens and businesses, to vaccine funding, to expanded support for pandemic-related mental health tools, virtual care and more.
  • New funding announced in Budget 2021 will be included in future Estimates documents.
  • Through the Main Estimates and related documents, the Government of Canada provides insight into how it proposes to allocate taxpayers’ money to help ensure government spending is accountable to parliamentarians and Canadians.

Background

Three Supplementary Estimates are planned for 2021–22. The first, Supplementary Estimates (A), will be tabled in spring 2021.

New funding announced in Budget 2021 will be included in future Estimates documents, starting with Supplementary Estimates A.

The appropriation bill for amounts presented in Supplementary Estimates (A) will be introduced in its normal (June) time frame, for approval before Parliament’s summer recess.

Any statutory spending announced in the Budget would be included in a budget implementation Act for Parliament’s approval. The timing of any possible budget bill would be determined by the Minister of Finance. These statutory expenditures would be included in Estimates, for information only.

15. Fall Economic Statement alignment with Estimates, Main Estimates, 2021–22

Issue

How do the Main Estimates compare to the Fall Economic Statement 2020?

Key facts

  • The scope of the Estimates is narrower than that of the Fall Economic Statement.
  • Main Estimates, 2021–22 includes a reconciliation between the authorities presented in the Estimates ($342.2 billion), and the projected total expenses reported in the Fall Economic Statement, 2020 ($441.5 billion).
  • The largest expenses which are not included in the Estimates are Employment Insurance benefits ($32.5 billion), the Canada Child Benefit ($27.4 billion) and the Canada Emergency Wage Subsidy ($14.1 billion).
  • A reconciliation against the 2021 Federal Budget will be included in Supplementary Estimates (A).

Response

  • The government is making the necessary investments to give Canadians the support they need to address the effects of the COVID-19 pandemic and establishing the essential conditions for a successful economic recovery.
  • The Fall Economic Statement forecast covers the complete scope of the government’s fiscal framework, including revenues, program and tax expenditures, statutory expenditures such as Employment Insurance benefits, and provision for future obligations such as public service pensions.
  • Main Estimates, 2021–22 includes a reconciliation between its authorities and the projected total expenses reported in the Fall Economic Statement, 2020
  • A reconciliation against the 2021 Federal Budget will be included in the upcoming Supplementary Estimates (A).

Background

The Fall Economic Statement forecast covers the complete scope of the government’s fiscal framework, including revenues, program and tax expenditures, statutory expenditures such as Employment Insurance benefits, and provision for future obligations such as public service pensions.

The Estimates are focused on the government’s cash needs which require annual parliamentary appropriations and therefore exclude certain items reported in the Fall Economic Statement, such as:

  • payments legislated through the Income Tax Act, including the Canada Emergency Wage Subsidy and children’s benefits
  • employment Insurance benefits, which are paid out of the Employment Insurance Operating Account

Other differences between the Estimates and the Fall Economic Statement include:

  • differences on how departmental revenues are shown: expenses in the budget are on a gross basis, while revenues are netted against expenditures in the Estimates
  • differences in reporting as a result of the Fall Economic Statement being prepared on an accrual basis, while the Estimates are presented on a modified cash basis; for example, the Estimates would present the cash requirements for purchase of capital assets while the Fall Economic Statement would expense the costs of those assets over their useful life
  • costs related to consolidated Crown corporations that are funded from their own revenues; these costs are reflected in the Fall Economic Statement but excluded from the Estimates

16. COVID-19 response and the public service

Issue

TBS’s role in the federal government’s response to the COVID-19 pandemic, including tracking the 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 third wave of the pandemic increases the number of positive cases of COVID-19 and related variants of concern throughout Canada, governments and public health authorities are responding with measures that accord with regional and local circumstances and needs. Public health authorities have signalled that physical distancing requirements must remain in place. 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, and public servants will continue to work remotely, and effectively, for the foreseeable future.
  • 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 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.
  • 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.
  • 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.

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 exceptional 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.
  • Departments are also responding to the pandemic directly by providing equipment and other accommodations to employees, on a case-by-case basis, while taking measures to protect their employees’ physical and psychological health and safety.
  • In light of the prevailing public health guidance, public service employees will largely continue to work remotely, and effectively, for the foreseeable future.

Background

TBS’s role in the COVID-19 response has been to:

  • underscore for the public that the government has plans in place to help ensure continued government operations and the delivery of critical services to Canadians
  • ensure accurate, effective and consistent internal communications to employees across federal departments and agencies on occupational health and safety, labour relations and human resources issues
  • provide guidance and direction to deputy heads on security matters, including business continuity planning, flexibilities in policy and regulations, human resources and workplace issues, digital services, security and privacy, so they can continue to deliver services within their organizations and to Canadians during the pandemic

The Secretariat has also been tracking the number of COVID-19 cases across the public service and publicly reports this number online each week. As of April 23, 2021, a cumulative total of 4,314 cases 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 between the Office of the Chief Human Resources Officer, Health Canada, and Public Services and Procurement Canada.

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.

This is a phased implementation beginning in specific workplaces. Plans do not currently envision expansion to the entire Government of Canada.

Organizations have a general obligation to ensure that the health and safety of every person employed by the organization is 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 in 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. 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.

The vast majority of employees are working full-time, either on-site 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 November 30, 2020, there has been a significant and steady decline in usage.

As of January 6, 2021, the use of 699 leave has decreased by approximately 88% from its peak in April 2020 when 86 out of 89 organizations reported that 72,305 employees had requested leave totalling 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.

This 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.

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.

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.

17. 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 on-site 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 March 14, 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, issued in 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
    • fairness 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
  • To balance the health and safety of employees with its stewardship obligations, the Government of Canada is managing COVID-19 as part of ongoing operations in departments and agencies across Canada.
  • The guidance on Other Leave With Pay (699) that came into effect on November 9, 2020, clarified the eligibility conditions and the continuation of Other Leave With Pay (699) in light of 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. 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.
  • Other Leave With Pay (699) situations are to be reviewed regularly by managers, and departments have been instructed to carefully consider each case in order to mitigate negative impacts upon vulnerable employees.
  • The government will continue to monitor and conduct further analysis on 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.

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.

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.

18. Hazard pay for public servants

Issue

Will the government be providing hazard pay to those employees who must work from their physical government office or on the frontline?

Key facts

  • Several unions, including the Union of Canadian Correctional Officers represents federal correctional officers, continue to request that hazard pay be provided to federal public servants working on the frontlines in the context of the COVID-19 pandemic.
  • In June 2020, National Defence (DND) announced that the Exceptional Hazard Allowance would be provided to eligible Canadian Armed Forces members, recognizing their exceptional and sustained deployment in long-term care homes supporting Canada’s most vulnerable citizens and their sustained efforts to repatriate thousands of Canadians from abroad during the COVID-19 pandemic.
  • In the spring of 2020, the federal government established a $3 billion funding program to subsidize the cost of provincial wage supplements for certain workers in essential service sectors (for example, daycares, nursing and retirement homes, medical support services).
  • Moreover, the 2020 Fall Economic Statement announced funding to provinces and territories in the context of the health workforce (namely in long-term care), which they may use for wage top-ups.
  • Throughout the COVID-19 pandemic, many provinces and other employers created targeted supplemental pay programs for their employees. Provinces used federal funding to extend supplemental pay to lower-wage workers in the health care field and middle-income provincial government frontline workers.
  • As of April 7, 2021, COVID-19 data for the federal public service indicates that out of 92 organizations reporting on COVID-19 cases, there have been 3,751 cases. This represents 1.26% of the core public administration and separate agency population reporting COVID-19 infection since the onset of the pandemic. This compares with infection rates in the broader Canadian population of 2.85% since the pandemic began.

Response

  • The Government of Canada is taking exceptional measures to curb the COVID-19 pandemic and to protect the health and safety of all its employees, including reducing their risk of exposure, especially among vulnerable employees.
  • We have put in place all necessary precautionary measures to support front-line workers delivering critical services to Canadians during the COVID-19 pandemic and have asked provinces and territories to prioritize frontline workers in their vaccine rollout plans.
  • We will continue to work collaboratively with bargaining agents and to take all necessary health and safety measures, as advised by public health experts, to provide public servants, particularly those whose jobs call on them to work in close proximity to others, with a safe work environment.

Background

Throughout the COVID-19 pandemic, many provinces and other employers created targeted supplemental pay programs for their employees. Provinces used federal funding to extend supplemental pay to lower-wage workers in the health care field and middle-income provincial government frontline workers.

On October 1, 2020, the Government of Ontario announced that about 147,000 workers in long-term care, hospitals, and community care would be eligible for between a $2 and $3 per hour pay increase. These increases were to remain in place until March 2021.

More recently, in February 2021, the Government of Alberta announced that more than 380,000 essential workers in the health care, social services, education and private sectors would be eligible to the Critical Worker Benefit, a one-time payment of $1,200.

19. Public Service Health Care Plan: temporary measures

Issue

The Government of Canada introduced temporary changes to the Public Service Health Care Plan (PSHCP) to support plan members and their families during the COVID-19 pandemic. These PSHCP flexibilities were introduced at the beginning of the crisis and will be updated if needed. The flexibilities will remain in effect until non-critical business resumes or until otherwise indicated.

Key facts

  • The PSHCP is an employer-sponsored health care plan that offers health benefits to approximately 1.5 million Canadians, comprised of federal public service employees, retirees and their dependants.
  • In response to the COVID-19 pandemic, temporary measures have been put in place to assist PSHCP members and their families during this difficult time. These measures will remain in effect until non-critical business is authorized to resume or unless otherwise indicated.
  • A study by the Conference Board of Canada (April 2020) indicated that 23% of organizations made changes to employee benefit offerings, including the introduction of virtual psychological and health care services as a result of the pandemic.

Response

  • In response to the COVID-19 pandemic, the Government of Canada implemented temporary changes to the PSHCP aimed at helping plan members and eligible dependants access health care benefits while minimizing social interaction with health care professionals.
  • These temporary measures align with the government’s guiding principles during COVID-19 which includes stewardship of public funds and caring for the health of our workforce.
  • The government will continue to work with bargaining agents and stakeholders to monitor the effectiveness of the health care plan temporary measures to ensure the plan continues to provide support to members and their families during this difficult time.
  • PSHCP flexibilities introduced during the COVID-19 pandemic will remain in effect until non-critical business resumes or until otherwise indicated.

Background

The Government of Canada is the plan sponsor for the PSHCP and the President of the Treasury Board is responsible for the overall management of the PSHCP. The PSHCP is administered by Sun Life Financial on a self-insured basis.

On March 24, 2020, in response to the COVID-19 pandemic, the Government of Canada implemented the following temporary changes to the PSHCP:

  • extension of the Emergency Benefit While Travelling, for those already abroad and trying to return to Canada
  • relaxation of the supply limit for maintenance drugs
  • allowing coverage for registered social workers under the mental health benefit (previously only eligible in isolated posts)
  • removing of the prescription requirement for mental health and physiotherapy services

In April 2020, the Government of Canada extended all but one of the initial temporary measures until non-critical business resumes following the COVID-19 pandemic.

The expanded supply limit for maintenance drugs, which was part of the initial PSHCP flexibilities, was intended to allow a supply of medicine for more than the current 100-day limit. This measure was not extended in order to align with provincial and territorial restrictions and avoid potential drug shortages.

Additionally, the following measures were introduced in April 2020:

  • honour existing paramedical prescriptions that have recently expired (must have been eligible as of March 20, 2020), including enhancing communications to increase the awareness of virtual paramedical services that are eligible for reimbursement under the PSHCP
  • further support access to mental health providers by temporarily accepting psychotherapists/ counsellors under the mental health benefit without the requirement of direct supervision by a registered psychologist

All PSHCP flexibilities introduced during the COVID-19 pandemic will remain in effect until non-critical business resumes or until otherwise indicated.

20. Perspective of the Treasury Board of Canada Secretariat regarding the modernization of the Official Languages Act

Issue

The government has signalled its intent to modernize the Official Languages Act (the Act).

Key facts

  • The government has publicly committed to official languages modernization in the Speech from the Throne, various mandate letters, and other public communications, with emphasis being placed on the unique situation and reality of French in Canada.
  • On February 15, 2021, the Minister of Official Languages, Mélanie Joly, made public the government’s intentions with regard to the modernization of the Official Languages Act with the publication of a reform document, entitled English and French: Towards a Substantive Equality of Official Languages in Canada. The reform includes a series of legislative, regulatory and administrative proposals to better support official languages in Canada.
  • While Canadian Heritage is leading the modernization effort, TBS, the Department of Justice Canada and other key departments are also involved.
  • Under the current 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), while 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 not only an obligation of the Government of Canada, it is a priority.
  • The modernization of the Official Languages Act provides us with an opportunity to make further progress, such as helping to strengthen the linguistic capacity of public servants and providing quality services in both official languages to Canadians.
  • TBS is committed to collaborating with Canadian Heritage on this important work.

Background

The government’s 2019 commitment to modernization was reaffirmed in the 2020 Speech from the Throne. Minister Joly’s Supplementary Mandate Letter calls on her to table legislation in 2021. The President of the Treasury Board’s Supplementary Mandate Letter supports this commitment, calling on him to support Minister Joly in her work to modernize and strengthen the Act, and to work to improve oversight and government-wide coordination of the implementation of the Act.

Certain proposals listed in the public reform document relate to the Treasury Board’s legislative responsibilities under the Act. Of note are the administrative proposals relating to language of work:

  • develop a new second language training framework for the public service that will ensure quality instruction and be adapted to learners’ specific needs
  • review the official languages qualification standards, with impacts on second language evaluation and training
  • increase the minimum second language requirements for bilingual supervisory positions in designated bilingual regions
  • remove barriers for employment equity groups, especially for Indigenous peoples and persons with disabilities

Other legislative proposals in the reform document speak to Treasury Board’s monitoring, accountability and coordination functions:

  • strengthen and expand the Treasury Board’s powers, notably the power to monitor federal institutions’ compliance with Part VII of the Act
  • make certain currently discretionary powers (for example, information/audit/evaluation) mandatory
  • create an accountability and reporting framework for all institutions with responsibilities under the Act
  • strengthen the analysis of impacts of all new legislation/policies/initiatives on official languages
  • update Treasury Board policy instruments to address official language requirements in emergency situations

21. Enabling technology: equipment, collaboration tools and network capacity to support public servants

Issue

With an unprecedented number of federal public servants working remotely, the Government of Canada has ensured that government workers are appropriately equipped to maintain continued operations.

Key facts

  • There are approximately 287,000Footnote 2 federal public servants in the Government of Canada. In addition to this number are contract workers, students, and casual workers forming a population of federal users that leverage technology on a daily basis in support of government operation. This total number does not include Canadian Forces members, RCMP Civilian Members, RCMP Regular Force Members, employees on leave without pay, Ministers’ exempt staff and employees locally engaged outside of Canada.
  • Federal users are averaging over 230,000 remote connections daily.
  • Since March 16, 2020, c secure remote access capacity has increased by 72%, effectively allowing for government operations to be delivered by a predominantly remote workforce largely unimpeded.
  • As of March 2021, approximately 306,000 federal users are using Microsoft Teams – one of the tools that is part of the Microsoft 365 suite of applications – to collaborate, with more than 280,000 federal users participating in virtual meetings on that platform in the past month (March 2021).
  • An Emergency Communication System has been implemented to support government business continuity activities for up to, and including, Protected B work and collaboration. With over 680 users, it is designed to be operational even in the event of an interruption in the availability of government infrastructure.Footnote 3
  • Of the over 225,000 mobile phones deployed, over 183,000 are now enrolled on Wi-Fi calling, enabling employees to make and receive calls in areas with poor cellular service.

Response

  • Our response to the COVID-19 pandemic continues to transform the government’s operational and service landscape. In mounting our response, we have accelerated our digital transformation to better enable public servants in delivering results that directly support Canadians, while strengthening the foundation to become a more open, user-centric, and resilient digital government for the future.
  • We have deployed new tools that allow employees to work and collaborate remotely with their colleagues.
  • The deployment of Microsoft 365 has been accelerated across government to allow collaboration and remote conferencing within and between departments, that follows appropriate levels of securit
  • In situations where new equipment is to be purchased, federal organizations have been reminded of their duties to be stewards of public funds, and to ensure that value-for-money is considered in all actions.

Background

The pandemic has prompted an unprecedented shift, requiring a majority of the 287,000 federal public servants to work remotely.

  • TBS’s Office of the Chief Information Officer is working with Shared Services Canada to actively support the ongoing operation of the government’s IT infrastructure and systems and to maintain continuity of critical federal services.
  • Ensuring that departments and public servants have the knowledge, tools and equipment they need to work remotely means:
  • increasing network capacity to support the rise in remote work across government
  • prioritizing network access and IT services to maintain critical service continuity
  • providing guidance on the use of tools such as Zoom, Google Meet, and GCCollab when access to the GC network was not available
  • mobilizing the CIO community to identify support needs; providing real-time feedback on IT needs in core service areas
  • and coordinating government action to ensure key IT infrastructure continues to function

The Office of the Chief Information Officer is working closely with departments and agencies to support service delivery by strengthening business continuity planning, identifying critical, services, and focusing committee forward agendas on COVID-19-related efforts. TBS is also working with Shared Services Canada and Public Safety Canada to identify critical service interdependencies, including between services identified in departmental service inventories, critical services and the supporting IT systems.

The Office of the Chief Human Resources Officer has developed a remote working toolkit, available to all federal public servants, providing helpful advice, tips, and tricks to both existing and new public servants. This toolkit touches on areas including (but not limited to):

  • mental health
  • setting up your workspace
  • communications with your colleagues
  • official languages

22. Security and information management during COVID-19

Issue

In the context of the COVID-19 pandemic, a large portion of the public service is working from home. Concerns have been raised regarding potential risks associated with security and information management.

Key facts

  • In her letters to the President of the Treasury Board on April 2, 2020, and April 28, 2020, the Information Commissioner of Canada reminded the government of the importance of documenting decisions and proactively disclosing data during these extraordinary times.
  • 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 reminded them of the importance of ensuring best practices in information management.
  • On June 3, 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 plans to better support information practices across government.
  • TBS released an updated version of the Guideline on Service and Digital in November 2020 that provided organizations with the most current advice and guidance for the strategic management of information and data.

Response

  • 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 to information that may result from working remotely.
  • Safeguards such as encryption, encrypted virtual private network (VPN), encrypted storage devices, and upgraded tablets have been used to protect information while ensuring employees can continue delivering trusted services and programs to Canadians.
  • Guidance has been provided to departments and agencies emphasizing the importance of information management security requirements and to notify departments that security policy requirements for the protection of government assets remain in place, whether in the office or off-site.

Background

Government of Canada employees were reminded of the requirements to manage information securely and effectively in accordance with its sensitivity and all relevant policy and legislative requirements while working remotely. These requirements are set out in legislation, including the Library and Archives Act, as well as in Treasury Board policy instruments, including the Policy on Service and Digital and Directive on Service and Digital, and the Policy on Government Security, including the Directive on Security Management.

These requirements include the obligation of employees to document decisions and activities of business value. This includes information, regardless of medium or form, which is created or acquired because it enables and documents decision-making in support of programs, services and ongoing operations, or supports departmental reporting, performance and accountability requirements. Information of business value, no matter where it is created or collected, is required to be transferred to and stored in the appropriate organizational corporate repository.

Employees are also required to ensure the security and proper handling of sensitive information, consistent with the security categorization of the information, as outlined in the Policy on Government Security instruments. This means respecting security markings and making sure that appropriate tools, devices and methods are used to store, transmit, use and protect the information. In the case of third-party applications, such as Zoom and Google Drives, their use is acceptable for unclassified information. Employees have been reminded to use approved government tools and services for collaboration and communication, such as Office 365, Microsoft Teams, and GC Tools, wherever possible.

TBS continues to provide guidance to organizations on information management and security. Last April, we released guidance entitled Managing Government Information When Working Remotely as well as a toolkit (accessible only on the Government of Canada network) to further guide employees in managing government information when working remotely. The toolkit has been updated regularly since its initial release to ensure it provides the most relevant and up-to-date guidance.

TBS also co-hosted a virtual Security Summit in October 2020 and reinforced the important leadership role of the government security community to continue to provide direction and guidance to employees on the protection of GC information. This message was again re-emphasized to government chief security officers in an email from TBS in January of this year.

TBS hosted a virtual event last November for over 1,600 public servants to launch the Policy on Service and Digital with a focus on the integrated approach of the policy that brings together technology, information and data, services, and cybersecurity. This event coincided with the release of updated policy guidance that provides organizations with the most current advice and guidance for the strategic management of information and data.

23. Business continuity management

Issue

How is the Government of Canada ensuring continuity and availability of critical services to Canadians through its business continuity management practices?

Key facts

  • As of December 1, 2020, 250 critical services were identified across 49 of the 108 departments and agencies subject to the Policy on Government Security.
  • A key component of business continuity management is to identify critical services defined in the Policy on Government Security as: “a service or activity whose disruption would result in a high or very high degree of injury to the health, safety, security or economic well-being of Canadians or to the effective functioning of the Government of Canada.”
  • During the initial response to COVID-19, 39 departments/agencies activated business continuity plans to focus on continued delivery of their identified critical services.
  • Overall, departments demonstrated significant responsiveness and adaptability. Issues noted included inconsistent network connectivity (due to the remote working arrangements), a need for alignment between critical services and critical IT systems/applications, and a need for increased government situational awareness.

Response

  • Throughout the COVID-19 pandemic, we have continued to deliver critical programs and services, including developing and ensuring quick access to new emergency financial supports.
  • 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 continue to be updated for any possible disruption.
  • In collaboration with Public Safety Canada, TBS continues to assess the business continuity management response to COVID-19 to improve Government of Canada 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 ensure the availability of other services and activities, as the situation evolves.

Background

Business continuity management

TBS’s Policy on Government Security applies to 108 departments and agencies and sets out mandatory requirements for business continuity management, including:

  • establishing governance, authorities and responsibilities for the departmental business continuity plan program
  • identifying and prioritizing departmental critical services and assets using a business impact analysis process
  • developing, testing/exercising, and maintaining related business continuity plans

Business continuity plans must also support the ability to maintain an acceptable level of delivery of critical services and activities in the event of disruption (including, for example, a pandemic), and the ability of the organization to achieve timely recovery of other services and activities in the event of a disruption.

Public Safety Canada is identified in the Policy on Government Security as the Lead Security Agency (and technical guidance lead) for business continuity management within the Government of Canada.

TBS and Public Safety Canada are undertaking a Capability Improvement Process, including developing an After Action Report to inform and evolve the Government of Canada’s business continuity management policy approach, while at the same time looking forward to a future state of critical services readiness. In April 2021, the After Action Report on the government’s Business Continuity Management and Critical Services Response to the COVID-19 Pandemic (Wave 1) was published and distributed to the security and service functional communities.

Critical services list for the Government of Canada

A key component of business continuity is the identification of departmental critical services, defined in the Policy on Government Security as: “a service or activity whose disruption would result in a high or very high degree of injury to the health, safety, security or economic well-being of Canadians or to the effective functioning of the Government of Canada.”

TBS has worked with departments to establish a GC Critical Services List, inclusive of the COVID-19 context, including additional exceptional measures to support Canadians.

The list will continue to evolve in response to government priorities and to inform strategic decision-making and discussions, including prioritization efforts of enterprise service providers such as Shared Services Canada.

Public Safety Canada is mapping interdependencies (identifying assets including IT, facilities and HR which directly support the critical services) to support continued delivery of critical services, working closely with TBS.

TBS, Public Safety Canada and Shared Services Canada are collaborating on a life-cycle management framework to align and evergreen critical services data with the GC Service Inventory, including developing a methodology to weight and prioritize critical services using a GC lens, including strengthening the linkages between critical services and critical IT systems/applications.

Current picture of government critical services

As of December 1, 2020, 250 critical services were identified across 49 of the 108 departments subject to the Policy on Government Security.

This work complements other components of the COVID response, including the efforts of the Government Operations Centre, the government’s Pandemic Plan, Guidance for Essential Services in Critical Infrastructure Sectors, and ongoing advice from the Chief Human Resources Officer.

The COVID-19 pandemic clearly demonstrates the ongoing importance of an evergreen Critical Services List and continued business continuity readiness in strengthening the resiliency of government to ensure continued trusted delivery of government services to Canadians during significant disruptive events.

24. Role of Treasury Board in the pandemic

Issue

The Treasury Board and 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 as well as regular services on which Canadians rely while maintaining accountability and oversight.

Response

  • TBS employees have demonstrated their willingness and ability to rise above the unique challenges faced while operating as an almost entirely mobile workforce.
  • TBS employees have been fully engaged in the Government of Canada’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
    • providing IT security guidance to departments and agencies in this period of heightened cyber threats
  • TBS has been providing regular policy guidance to deputy heads on security, business continuity planning, human resources, procurement, digital services, access to information and privacy. Our goal has been to provide departments the guidance they need so our exceptional workforce can support emergency response measures and continue to provide the services Canadians rely on, under extraordinary circumstances.
  • The COVID-19 pandemic has demonstrated the government’s capacity to deliver trusted programs and services to Canadians.
  • Working with bargaining agents and departments and agencies, we continue to review our human resources, IT and management policies to ensure that federal public servants are supported during this pandemic.

Background

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.

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; Supplementary Estimates (B), 2020–21 on October 22; and Supplementary Estimates (C) on February 16 to provide funding for COVID-19 research and other priorities.

Take 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.

On February 25, 2021, the government tabled the 2021–22 Main Estimates, which present information on $141.9 billion in voted expenditures and $200.3 billion in statutory spending, already authorized through existing legislation, for a total of $342.2 billion in planned budgetary spending for 123 organizations to deliver programs and services to Canadians.

Documenting government decisions and transparency

Early in the crisis, deputy ministers were instructed to put a priority 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.

Flexibilities in Treasury Board policies

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 allow departments to orient maximum resources towards the pandemic response and to provide 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 quick response and agility and to support government operations in an unprecedented situation.

Other time-limited delegated authorities were intended to support the response effort by expediting the use of authorities in a responsible way and managing some low-risk business that would otherwise have to be put aside during the COVID-19 response.

Regulatory flexibility

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 of Canada 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-COVID-19 regulatory proposals that are necessary and important continue to be addressed.

Managing government operations 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 began to ease restrictions in the summer. This approach was developed in close collaboration between the Office of the Chief Human Resources Officer, Health Canada, and Public Services and Procurement Canada.

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

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, and many public servants will continue to work remotely, and effectively, for the foreseeable future.

Business continuity planning

Throughout the COVID-19 pandemic, the government has continued to deliver critical programs and services, including developing, and ensuring quick access to, new emergency financial supports.

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.

Human resources management guidance

As of April 28, 2021, the Chief Human Resources Officer had issued 20 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.

Public servants: general

25. 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 50 agreements, including recent tentative agreements, that cover nearly 239,000, or more than 87% of federal public service employees in the core public administration and separate agencies.
  • Negotiations with RCMP members and reservists, represented by the National Police Federation, are ongoing. In addition, negotiations are ongoing between the PSAC and five separate agencies, including the Communications Security Establishment and the Statistical Survey Operations.
  • In December 2020, the Border Services (FB) group, represented by the PSAC, filed for impasse. TBS is preparing for a Public Interest Commission (PIC) hearing to be held in May 2021, and the chairperson of the commission will subsequently publish a non-binding report to assist the parties in concluding an agreement. A bargaining agent can be in a legal strike position, after the issuance of a PIC report, provided that an essential services agreement is in place and the union membership voted in favour of a strike.
  • On March 10, 2021, negotiations at the Office of the Auditor General (OAG) reached impasse, and the PSAC requested the establishment of a PIC. The OAG is currently preparing for the PIC hearing but no dates have been established yet. Currently, the OAG and the PSAC do not have an essential services agreement in place. Once a non-binding report is published by the chairperson of the PIC and an essential services agreement is signed, the PSAC would be in a legal strike position provided that its membership voted in favour of a strike.
  • On March 25, 2021, the Social Sciences and Humanities Research Council reached tentative agreements with the PSAC for both of its bargaining units: Administrative and Foreign Services and Administrative Support (AS) groups. The tentative agreements, which have since been ratified by members, include pattern economic increases over three years as well as common items that replicate what was achieved with other groups during this round of bargaining.
  • Negotiations between the Communications Security Establishment and PSAC are ongoing. On February 24, 2021, the PSAC received a strike mandate from its membership which puts the bargaining unit in an immediate strike position. The parties have since returned to the bargaining table to attempt to unlock the impasse.
  • PSAC filed notice to bargain for the 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 anticipated to begin in the coming months.

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 87% of public servants for this round of bargaining.
  • We have also participated fully in the work of PICs 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 50 agreements for the 2018 round, including recent tentative agreements, with groups covering close to 239,000 employees or over 87% 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 PICs are in progress. The first is with the Border Services (FB) group, represented by PSAC. The hearing dates have been scheduled for May 10, 18 and 20 of 2021. The second is with the Office of the Auditor General for employees of the Audit Services group, represented by the PSAC. This hearing has not yet been scheduled. The bargaining agent cannot strike until seven days after the issuance of the Public Interest Commission report, the conduct of a strike vote, and after 30 clear days have passed, as specified in the Federal Public Sector Labour Relations Act, following the establishment of an essential services agreement.

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 and negotiations with the Canadian Union of Public Employees (CUPE) for a first collective agreement for the Police Operations (PO) group began in early 2021.

Negotiations with the Canadian Merchants Service Guild (CMSG) for Ships’ Officers (SO) 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 six PSAC groups in the following separate agencies is as follows:

  • Communications Security Establishment: negotiations with the PSAC are ongoing
  • Statistical Survey Operations: for two groups – negotiations with the PSAC are ongoing
  • Canadian Security Intelligence Service: negotiations not yet initiated
  • Office of the Auditor General: awaiting scheduling of the PIC hearing
  • Office of the Superintendent of Financial Institutions: negotiations not yet initiated

26. 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 – 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 of Indigenous peoples and representation of persons with disabilities at higher executive levels is below workforce availability.
  • The government is working to close the gap for persons with disabilities through its Public Service Accessibility Strategy and working to improve public service succession planning and leadership development programs to increase representation of employment equity designated groups in senior leadership.
  • 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. Recently, the government established an Anti-Racism Secretariat at Canadian Heritage, which has developed an Anti-Racism Strategy for all of Canada.

Response

  • Our commitment to diversity and inclusion is broad and deep. It is reflected in Ministers’ mandate letters, in the establishment of an Anti-Racism Secretariat and Strategy, in the appointment of a Minister of Diversity and Inclusion and Youth, and in the creation of both the Office for Public Service Accessibility and a Centre on Diversity and Inclusion at TBS.
  • We need to ensure our public service reflects the population it serves and offers an opportunity for all employees to express their full potential. That’s why in January we announced an action plan to increase representation and leadership development in the public service, with a focus on generating and publishing better data, increasing diversity in senior leaders, ensuring appropriate benchmarks, and addressing systemic barriers.
  • Departments, supported by TBS, are working to increase diversity among senior leaders of the public service and to establish a culture of inclusiveness that will combat racism and address systemic barriers.
  • This includes increasing representation through promotion and recruitment, the introduction of the Mentorship Plus Program to support high-potential employees who may currently face barriers, and increasing the participation of visible minorities, Indigenous people and persons with disabilities in our Executive Leadership Development Program.
  • 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.
  • Most recently, and following consultations with employee diversity networks and bargaining agents, Budget 2021 announced the government’s intention to propose amendments to the Public Service Employment Act to reaffirm the importance of a diverse and inclusive workforce and to strengthen provisions to address potential bias and barriers in the staffing processes.
  • Throughout, we are inviting public servants from equity-seeking groups to help co-develop initiatives to address barriers and create a culture change towards greater diversity and inclusion.

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 equity-seeking 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.

Recent events, such as the upsurge in the Black Lives Matter movement and how 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’s 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.

The 50 – 30 Challenge is an initiative between 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, while highlighting the benefits of giving all Canadians a seat at the table. The government has always believed in seeking the best available advice when making decisions. This initiative was launched by the Minister of Innovation, Science and Economic Development Canada on December 10, 2020.

27. 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.
  • On May 18, 2021, the judge and parties will hold a case management conference to discuss the schedule.
  • 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.

Response

  • Recent events have led all of us to reflect on the unjust treatment of Black, Indigenous and other racialized and marginalized groups across our public service. Canadians deserve to see themselves represented in the government that serves them.
  • While there has been progress, too many public servants continue to face obstacles. It is time to close the gaps and eliminate the barriers that remain, ensuring the public service is truly representative of the people it serves while offering an opportunity for all employees to express their full potential.
  • The government has taken steps to address anti-Black racism, systemic discrimination and injustice across the country. Most recently, the Fall Economic Statement committed $12 million over three years towards a dedicated Centre on Diversity and Inclusion in the federal public service. This will accelerate the government’s commitment to achieving a representative and inclusive public service.
  • In September 2020, the Speech from the Throne announced an action plan to increase representation and leadership development within the 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.

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).

1. Discrimination and harassment

There are 10 ongoing proposed or certified class actions implicating 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.

a) 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 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 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.
b) 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 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.
c) 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.
d) 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), 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/DND), and LGBTQ Purge (historical sexual orientation-based discrimination across the military, RCMP and public service).

2. 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, etc.). 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.
3. 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 3–15, 2021.

28. Phoenix damages

Issue

What is the 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 which consists of cash payments instead of leave credits 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.

Response

  • All public servants deserve to be paid for their work in an accurate and timely manner, and the Government of Canada continues to take action on all fronts to resolve pay issues.
  • We recognize that the implementation of the Phoenix pay system has had an impact, directly or indirectly, on many 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 employees eligible under the June 2019 agreement have had their leave banks credited by up to five days. Former employees must submit claims to receive general compensation.
  • General compensation was also paid to the majority of PSAC members on March 3, 2021, 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 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. 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 will be provided to current employees in March 2021, and the other claims processes 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 that included some elements that 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 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.

29. 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 Royal Canadian Mounted Police. 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.

30. Next Generation HR and Pay Initiative

Issue

Update on the Next Generation HR and Pay Initiative.

Response

  • The government NextGen HR and Pay team (Shared Services Canada and Office of the Chief Human Resources Officer) is working with SAP to adapt HR and pay business processes so that we can adopt a configured version of SAP’s Success Factors.
  • Success Factors is a world-class software as a service solution with industry-leading HR and Pay practices built into its configuration. The team is getting input and advice from other complex private and public sector organizations who have already implemented a SaaS HR and Pay service.
  • Employees at Canadian Heritage will be trained and asked to participate in a pilot this year, putting their HR information into Success Factors in addition to their normal use of PeopleSoft. Their participation will allow us to run pay cycles in a secure environment without affecting anyone’s actual pay.
  • Future pilots will be undertaken with different employee groups to test the full range of HR and pay requirements to ensure that the configured solution meets our business needs.
  • While key exploration work is underway with SAP for the HR to Pay capabilities, we are going to test other solutions for other elements of HR capabilities and harvest the learning of the Communications Security Establishment and the Public Service Commission of Canada.
  • [redacted]

Background

Budget 2018 announced the government’s intention to move away from Phoenix and begin development of a pay system that will be better aligned with the complexity of the federal government’s human resources and pay structure.

TBS received $16 million over two years, beginning in 2018–19, to explore replacement options for a next-generation human resources and pay solution.

In summer 2019, the government announced it had selected Ceridian, SAP and c as the vendors deemed qualified to deliver a next-generation human resources and pay solution for the Government of Canada.

In September 2019, the government announced that it will invest $117 million to co-design and deliver pilot projects for the NextGen HR and Pay system.

In March 2020, after extensive evaluation, and testing, it was announced that SAP had been selected to work with our team on a pilot for a new human resources and pay solution.

SAP was selected through a rigorous evaluation process which was open and transparent and placed users at the centre. The evaluations involved elements such measuring vendors against digital, privacy and security standards as well as testing of hundreds of HR and pay scenarios, both simple and complex.

All three vendors remain qualified to work with the government in the future for HR and pay solutions. This means maximum flexibility for the government to access the solutions of multiple, best-in-class vendors, which is critical to the NextGen approach.

The NextGen team at Shared Services Canada engaged SAP on a series of discussions to assess organizational capacity and readiness to work on NextGen under the current COVID-19 circumstances.

Initial focus of work with SAP included establishing governance and oversight, project management tools and protocols, and development of a detailed plan to pilot the solution in a core department.

Effective April 1, 2020, leadership for NextGen was transitioned from TBS to Shared Services Canada. The Chief Human Resources Officer at TBS remains the business owner and a key collaborator of the NextGen initiative.

On October 14, 2020, the selection of Canadian Heritage for the exploratory phase of the Next Generation HR and Pay initiative was announced.

The government is working with the selected vendor (SAP) and Canadian Heritage to develop a business case, privacy impact assessment, change management and other planning considerations to learn how a future HR and pay solution can integrate information from multiple compensation-related HR systems.

Canadian Heritage was selected as the exploratory phase department because their organization provides a good representation of the government’s human resources complexities, including multiple occupational groups, regional representation, overtime and other considerations.

Throughout this process, the NextGen team is engaging with public service employees, leaders, HR advisors and technical specialists, as well as working hand in hand with bargaining agents in the development of a user-centric HR and pay solution.

As part of this pilot initiative, NextGen has involved over 170 employees from 20 federal organizations to participate in engagement forums. Thirty-nine workshops and 103 working sessions are being held with HR and pay practitioners, end-users and technical experts. These activities form the basis for NextGen’s exploratory phase, and they will inform the next steps in the initiative.

The government will be making a decision this month about moving from the exploratory phase with SAP’s Success Factors into the design and experimentation phase, where configuring of the solution will occur.

Any pilots undertaken in this program will not affect employees’ actual pay. Pilots will occur in a controlled environment that is not connected to payment systems. Canadian Heritage employees will continue to be paid through the Phoenix pay system while testing is completed.

The government continues to work with stakeholders, such as bargaining agents, employees, and HR and pay practitioners, and will continue to engage in an open and transparent manner, so that the new solution can address the needs of a modern public service and its employees as soon as possible.

Over the next three years, NextGen will carry out a second pilot and a feasibility study. The details for the second pilot and the feasibility study are being finalized, and learning from the exploratory phase will inform the planning for these future phases.

Ongoing stabilization of the Phoenix pay system remains a top priority for the government and is being pursued by Public Services and Procurement Canada.

31. Public Service Health Care Plan renewal

Issue

Negotiations for the renewal of the Public Service Heath Care Plan (PSHCP) began on February 11, 2021, and are currently ongoing.

Key facts

  • The PSHCP is an employer-sponsored health care plan that offers health benefits to approximately 1.5 million Canadians, comprised of federal public service employees, retirees and their dependants. It was partially renewed in 2014 and last fully renewed in 2006.
  • The PSHCP is negotiated with bargaining agents and retiree representatives at the PSHCP Partners Committee, under the umbrella of the National Joint Council.
  • The PSHCP is sponsored by the Government of Canada and reimburses 80% of eligible expenses incurred by plan members under a co-payment model. Retired plan members cover 50% of the cost of their supplementary coverage.

Response

  • The PSHCP demonstrates the government’s commitment to the physical and mental health of federal public servants. This commitment was also shown through the many flexibilities we introduced in 2020 to assist plan members with the impacts of COVID-19, while reducing pressure on the provincial medical systems.
  • The government remains committed to good faith negotiations to reach a financially responsible agreement on a modernized PSHCP that is fair to employees, mindful of today’s economic and fiscal context, and managed effectively and efficiently.
  • Over the past several years, the PSCHP has seen a significant increase in costs and claims driven by high-priced drugs, new medical technologies, demographic changes and other trends in health care.
  • We are pleased that formal negotiations are underway through the PSHCP Partners Committee, to responsibly modernize the plan, taking into account the current fiscal context of our country. We want to ensure that the plan remains competitive with comparable private and public health care plans.
  • We will not compromise the health and wellness of our employees, and we collectively have a responsibility to improve the management of benefits whenever sensible.
  • Out of respect for the PSHCP Partners Committee process, we will not comment on these negotiations.

Background

The PSHCP is negotiated with bargaining agents and retiree representatives at the PSHCP Partners Committee, under the umbrella of the National Joint Council. Once consensus is reached, the Partners Committee formulates a joint recommendation for consideration. The President of the Treasury Board will then present the proposal to the Treasury Board, the final authority to approve the PSHCP benefit changes pursuant to subsection 7.1(1) of the Financial Administration Act.

The PSHCP was last partially renewed in 2014; at that time, it was agreed that the next round of negotiations would be informed by data analytics and a benchmarking study. The two studies, as well as costing of possible PSHCP benefit changes, were completed in fall 2019.

The PSHCP renewal discussions continued at the PSHCP Partners Committee without prejudice, pending an approved negotiations mandate. However, these discussions were put on hold due to the COVID-19 pandemic.

During the pandemic, PSHCP temporary measures were introduced to help PSHCP members and eligible dependants access health care benefits while at the same time minimizing social interaction with health care professionals.

On September 11, 2020, bargaining agent and retiree representatives signalled a desire to launch formal negotiations. This desire was outlined in a formal letter sent to the President of the Treasury Board from Dany Richard, National Joint Council Co-Chair (bargaining agent side).

On February 5, 2021, the government signalled to bargaining agents that it was ready to begin negotiations with a letter sent to the PSHCP Partners Committee outlining the President’s expectations for negotiations.

On February 11, 2021, and March 8, 2021, PSHCP Partners Committee meetings were held in which the employer discussed the President’s negotiations expectations. Agreement was obtained to start renewal discussions at the Renewal Committee (officials level). Good faith discussions are currently ongoing.

Since the start of renewal discussions, PSAC, the Association of Canadian Financial Officers and the National Association of Federal Retirees have posted information on their websites informing their membership of the start of negotiations. PSAC included the full listing of their proposals.

32. Modernization of sick leave regime in the public service

Issue

A final joint TBS / bargaining agent report on the Employee Wellness Support Program has been submitted to the President of the Treasury Board. Several bargaining agents who were part of discussions publicly indicated their decision to walk away from the discussions and their frustrations with the negotiation process.

Key facts

  • The employer and several bargaining agents (representing approximately 75,000 employees or 25% of the public service) have been engaged in meaningful negotiations for many years co-developing a modernized public service sick leave regime.
  • At present, 64% of represented public servants have fewer than 65 days of accumulated sick leave which is not sufficient to bridge the 13-week waiting period between sick leave and long-term disability support.

Response

  • Since 2016, TBS has been working with bargaining agents to modernize the existing sick leave model, with a view of improving employees’ health and reintegration into the workplace after periods of leave due to illness or injury.
  • The government renewed a Memorandum of Agreement with the Professional Institute of the Public Service of Canada (PIPSC), the Association of Canadian Financial Officers, and other bargaining agents in May 2019 in the spirit of having continued productive conversations about a new employee sick leave system.
  • The parties have undertaken a significant amount of work and devoted a lot of effort to address concerns and have made significant progress in reaching an agreement on many key issues.
  • I welcome their joint report and will be reviewing it.
  • The government remains committed to supporting employees’ wellness in a manner that is fair to all Canadians.

Background

TBS was mandated to negotiate a new short-term disability program for the public service. In the 2016 round of collective bargaining, an initial Memorandum of Agreement was reached with bargaining agents to jointly study ways of improving employee wellness and the reintegration of employees into the workplace after periods of leave due to illness or injury.

For groups represented by PIPSC and several other bargaining agents, this included the development of the Employee Wellness Support Program.

Some of the key features of the proposed Employee Wellness Support Program would include benefits for up to 26 weeks (130 working days) with income support replacement at 100%; an annual allotment of nine days if paid sick days for illness or injury falls outside of the parameters of the Employee Wellness Support Program; a qualification period of three days and internal case management and return-to-work services focused on supporting employees when ill or injured.

In May 2019, an updated Memorandum of Agreement was signed with PIPSC and others to preserve the work that had been completed since 2016, which included the joint development of a plan document. It also committed the parties to a process for making recommendations to the President of the Treasury Board with respect to governance and service delivery through a joint Steering Committee. The PSAC, who was initially a signatory to the 2016 Memorandum of Agreement, opted to withdraw from the process and was not a signatory on the 2019 Memorandum of Agreement.

Under the direction of the Steering Committee, a joint Employee Wellness Support Program final report highlighting the areas of agreement reached on many key issues was completed in March 2021 for the President of the Treasury Board. The final report also outlines one divergent viewpoint on the placement of Employee Wellness Support Program governance. The Steering Committee has fulfilled its current mandate, and policy authorities and funding ceased on March 31, 2021.

PISPC, the Association of Canadian Financial Officers and the International Brotherhood of Electrical Workers have recently posted on their websites that the employer is refusing to honour its previous commitment that Employee Wellness Support Program governance would be contained within collective agreements. The Canadian Association of Professional Employees also issued an email to its members in late March with similar messaging.

33. 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 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 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, the Office of the Chief Human Resources Officer 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 Employee Assistance Program are in place and provide information on medical, psychological or other support services

The Office of the Chief Human Resources Officer 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.

34. Long-term care facilities

Revera: Public Sector Pension Investment Board

Issue

The Public Service Pension Investment Board (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 of Canada 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
  • The 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 President of the Treasury Board appoints members based on recommendations from a Nominating Committee.
Relationship with Revera Inc.
  • 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 Health and 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 Royal Canadian Mounted Police 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 Royal Canadian Mounted Police.

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 Canada. 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 17, 2020: The Ontario Health Coalition organized a town hall in Ottawa to discuss the need to improve long-term care. It also organized a day of action on October 8 in Toronto outside Queen’s Park and across Ontario outside MPPs’ offices. The intention of the day of action was to create political pressure to expose the lack of action to improve long-term care and to push for an end to for-profit privatization of long-term care.

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.

September 25, 2020: PSAC raised a question at the annual Pension Advisory Committee regarding risk assessments. This meeting consisted of members from three advisory committees, which are the Public Service Pension Advisory Committee (PSPAC), the Canadian Forces Pension Advisory Committee (CFPAC) and the Royal Canadian Mounted Police Pension Committee (RCMPPAC). These committees consist of members from the respective federal departments, nominated bargaining agent representatives from the National Joint Council, as well as pensioners’ representative.

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 Residential 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.

February 2021: TBS received a media inquiry from the HuffPost Canada asking about PSP’s investments in CoreCivic and The GEO Group, two American private prison operators that run immigrant detention centres. The same month, the PSPIB moved to sell off its shares in CoreCivic and The GEO Group, two of the largest providers of private prisons, jails and immigration detention centres in the United States, in the last half of 2020.

March 22, 2021: Members of Parliament Francesco Sorbara and Sonia Sidhu spoke to this issue during an Opposition Motion on long-term care.

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 and ministries of health in each province with the goal to move Revera from private to public ownership.

Conflict of interest

35. 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 how well the Conflict of Interest Act is achieving 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 utilize 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.

36. Directive on Conflict of Interest

Issue

In addition to the Conflict of Interest Act, the Treasury Board Directive on Conflict of Interest provides safeguards to prevent and resolve situations of conflict of interest in the public service.

Key facts

  • The Treasury Board Directive on Conflict of Interest, issued under the Policy on People Management, imposes requirements to minimize the risk of conflicts of interest and is a condition of employment for persons employed in the public service.
  • The Values and Ethics Code for the Public Sector is also a condition of employment for all public servants in the federal public sector, and it outlines the values and expected behaviours that guide public servants in all activities related to their professional duties.
  • The Office of the Chief Human Resources Officer supports the Treasury Board in its role as the employer in the area of people management, and in its role to promote ethical practices in the public sector.

Response

  • The government is committed to promoting a positive and respectful public sector culture that is grounded in values and ethics, where federal public servants carry out their duties with integrity and impartially.
  • Pursuant to the Public Servants Disclosure Protection Act, the Values and Ethics Code for the Public Sector sets out measures to promote an ethical climate, including the public sector values and expected behaviours for all public servants.
  • The Treasury Board Directive on Conflict of Interest imposes requirements to minimize the possibility of conflicts between private interests and the duties of public servants.

Background

The Public Servants Disclosure Protection Act reflects the Government of Canada’s commitment to promote ethical practices in the federal public sector and foster a positive environment for the disclosure of wrongdoing. The Act provides federal public sector employees with a secure and confidential process for disclosing serious wrongdoing in the workplace, and protects them from acts of reprisal.

On April 2, 2012, the Values and Ethics Code for the Public Sector was implemented in compliance with the requirement of Section 5 of the Public Servants Disclosure Protection Act. The Code sets out measures to promote an ethical climate, including outlining the values and expected behaviours of public sector employees and replaces the Values and Ethics Code for the Public Service (2003).

Federal public sector organizations have each implemented organization-specific codes of conduct in compliance with the requirement of Section 6 of the Public Servants Disclosure Protection Act.

Compliance with the Values and Ethics Code for the Public Sector and organizational codes of conduct is a condition of employment for all federal public servants.

Under the Treasury Board Policy on People Management, the renewed Treasury Board Directive on Conflict of Interest came into effect April 1, 2020. The directive sets out the requirements for public servants to prevent and resolve conflict-of-interest situations. Compliance with the directive is a condition of employment for public servants employed within the core public administration, as defined by section 11(1) of the Financial Administration Act. Organizations outside the core public administration have their own conflict-of-interest policies, with similar requirements to the Treasury Board Directive on Conflict of Interest.

Mandatory training is offered to all federal public servants in order to ensure they understand their conditions of employment under the Values and Ethics Code for the Public Sector and the Directive on Conflict of Interest. The mandatory training covers the areas of public servants’ disclosure protection, values and ethics, and conflict of interest, and is available to all public servants through the Canada School of Public Service.

37. 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.
  • The Office of the Chief Human Resources Officer has also been actively providing guidance to deputy heads and supporting outreach and education activities to foster an environment that is inclusive, and help public servants cope with, and maintain resilience, in the disclosure process.
  • These efforts, along with investments in mental health initiatives, demonstrate the government’s ongoing commitment to promoting ethical practices in the public sector and to making progress towards recommendations made by the Standing Committee on Government Operations and Estimates.

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. The government did not commit to legislative amendments, given the complexity of the Act and consultation required.

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.

The Office of the Chief Human Resources Officer 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 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

38. Administrative flexibilities during COVID-19

Issue

From the onset of the pandemic, the Treasury Board provided flexibility on policy requirements to ensure federal organizations could quickly execute response measures to deliver immediate and short-term outcomes for Canadians.

Key facts

  • Since March 2020, critical decisions and exceptional efforts by departments have been, and are still, needed to mobilize Canada’s collective emergency response.

Response

  • Since the onset of the pandemic, departments and agencies have been called upon to deliver programs and services with unprecedented urgency and speed.
  • Treasury Board acted to allow departments to orient maximum resources towards the pandemic response and to provide greater flexibility to maintain the operations of government.
  • Early in the crisis, deputy ministers were instructed to put a priority focus on achieving the goals of the government’s response measures. They were asked to use sound judgment in using maximum flexibility when 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 are well documented.

Background

In mid-March 2020, as a result of COVID-19, several emergency measures were taken by Canadian jurisdictions, including closing schools, businesses and public events. Provincial governments and the federal government grappled with the closure of workplaces and how to respond to the pandemic.

To expedite and streamline implementation of the government’s response and to support the departments in responding to the pandemic, certain existing processes needed to be modified or expedited, including the application of rules set out in the Treasury Board policy suite. Departments required flexibility to implement elements of the government’s response to COVID-19 under their respective mandates, and to do so, they needed flexibility to support collective government efforts.

Treasury Board delegated the approval of amendments and exceptions to Treasury Board policies to the President of the Treasury Board. The delegated authorities were in force until September 30, 2020, to align with the statutory authorities established through the COVID-19 Emergency Response Act, and approved amendments and exceptions are generally in place until March 31, 2021.

The President of the Treasury Board, supported by the Secretariat, proposed these actions to support the continuing efficient operations of government to allow departments to orient maximum resources towards pandemic response, and to provide greater flexibility to maintain the operations of government while the government responds to COVID-19.

Examples of these actions include:

  • an exception to the Policy on Transfer Payments, which allowed the Minister of Public Safety and Emergency Preparedness to sign a contribution agreement with the Canadian Red Cross to support immediate and future COVID-19-related needs
  • an exception for the recovery of advance payments to allow the delay of the recovery of advance payments in cases where a payment has already been made but the supplier is not able to deliver the goods and/or services by March 31, 2020, as planned in the contract, due to the COVID-19 pandemic
  • a one-time exception giving all departments and agencies one additional year to submit departmental investment plans and renew their organizational project management capacity class

In addition, the Secretariat provided significant guidance to departments to provide greater clarity on a range of priorities, including:

  • guidance providing updated direction to federal custodians on rent relief
  • guidance on mental health and COVID-19 resources for public servants to help equip employees, managers and executives in managing their mental health during the pandemic
  • guidance to fleet managers to include advice such as minimizing the use of all non-essential vehicles (such as administrative) to prevent the potential spread of COVID-19

Recognizing the challenges that departments and agencies were going to face in applying Treasury Board administrative policies not only in the delivery of emergency programs and initiatives but in their day-to-day operations as they functioned at reduced capacity, TBS provided supporting direction to deputies in March 2020.

39. 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.

40. Agile IT procurement

Issue

How does TBS support agile IT procurement while providing oversight of major IT projects?

Key facts

  • The Office of the Chief Information Officer and the Canadian Digital Service are supporting departments’ transition to a more digital government with improved tools and methodologies such as agile procurement.
  • An agile process is a user-centred design geared towards producing a better product for users of the technology and can include shorter contract processes and more frequent interactions between users and IT vendors.
  • Like other large projects, Treasury Board approves major IT procurements which are above a department’s contracting limits. These approvals often follow a gated approach to allow more flexibility as the project evolves. TBS participates in IT governance committees to provide guidance and oversight throughout the development of the project.
  • The spring 2021 Office of the Auditor General audit of Procurement of Complex IT Solutions for the Federal Government noted that although federal organizations made good progress towards modernizing procurement practices and adopting agile procurement, improvements are needed in guidance/training to staff, better governance, and better detection and prevention of procurement integrity risks.
  • The Contracting Policy explains the requirements to meet the objective of acquiring goods and services, and carry out construction in a manner that enhances access, competition and fairness, and that results in best value or, if appropriate, the optimal balance of overall benefits to the Crown and the Canadian people and guides departments on procurement process guidelines.
  • Both Shared Services Canada and Public Services and Procurement Canada procure digital software and infrastructure and have developed agile procurement capacity to directly support departments.

Response

  • The Government of Canada has recently adopted an agile approach for major IT projects.
  • An agile approach is iterative and provides flexibility from planning up to the release phase in collaboration with key stakeholders. Scope and requirements of these procurements are flexible and can be adjusted based on industry feedback and lessons learned.
  • TBS, via the Office of the Chief Information Officer, the Canadian Digital Service, and the Office of the Comptroller General provides advice on Treasury Board submissions to assess compliance with Treasury Board policies.
  • The government agreed with the Office of the Auditor General and is committed to:
    • improving guidance and training for employees on agile procurement
    • putting in place governance mechanisms for the complex IT procurements audited
    • using data analytics to identify procurement integrity issues

Background

In 2017, the Prime Minister directed the Minister of Public Services and Procurement to modernize how the government procures new systems. Since then, Public Services and Procurement Canada and Shared Services Canada have introduced initiatives to meet this directive. Agile procurement is one of them. TBS is responsible for policy instruments and guidance to support the management of procurement activities.

Agile procurement is a collaborative approach focused on outcomes. Government and industry work to design procurements in an iterative manner to achieve results. It can include various types of multi-phased procurement processes to enable Canada to award multiple contracts to invite industry to build, customize and configure their solutions to meet the short-term and long-term requirements.

To deliver services efficiently, federal government organizations often need to procure new, complex information technology (IT) systems to replace aging ones.

The government’s ability to deliver on large transformational projects has attracted considerable public attention, notably due to the Phoenix pay system. This scrutiny from the public, media, the Auditor General and third-party reports has highlighted gaps in project management skills, procurement and governance.

Although it does not directly guide departments on how to conduct complex IT procurements, the current Contracting Policy does allow for agile procurement methods, along with other procurement strategies as required. The Treasury Board Directive on Service and Digital provides departments direction on the review of IT-enabled projects through the Government of Canada Enterprise Architecture Review Board.

The Treasury Board Policy on the Planning and Management of Investments includes the requirements that investment decisions demonstrate strategic consideration of alternative approaches to procurement. The intention is to facilitate early engagement prior to significant investments in project definition. TBS also provides departments with feedback, advice and guidance on submitted concept cases using the Government of Canada Digital Standards as a framework.

TBS, through the Digital Operations Strategic Plan, also sets and provides insight into the government’s digital direction. This Strategic Plan identifies priorities and activities that are required of internal enterprise service organizations such as Shared Services Canada and Public Services and Procurement Canada, who support departments with how to conduct complex IT procurements, in order to modernize service delivery, improve sustainability and promote digital government.

41. 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 Public Services and Procurement Canada 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.

Public Services and Procurement Canada 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 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.

42. Regulatory flexibility for Canadian businesses

Issue

Industry stakeholders have been reaching out to the Government of Canada to ask for guidance and support in addressing regulatory compliance challenges in light of the COVID-19 pandemic.

Key facts

  • TBS has asked that federal 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.
  • While TBS is continuing to prioritize issues related to COVID-19, departments and agencies are re-initiating work on regulatory initiatives underway prior to the pandemic that support the government’s mandate and that have an important impact on Canadians.
  • TBS has also encouraged departments and agencies to coordinate with their provincial and territorial counterparts, as well as horizontally with other regulators.

Response

  • The Government of Canada took strong and quick action to protect the health and safety of all Canadians, stabilize our economy, and help workers and businesses in the context of COVID-19.
  • 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.
  • We are exploring options under Canada’s regulatory system and implementing measures to help address some of the challenges that businesses face in complying with certain federal regulations.
  • We are 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-COVID-19 regulatory proposals that are necessary and important continue to be addressed.

Background

To address challenges faced by stakeholders, TBS has asked that federal 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.

In considering flexibility, TBS has also encouraged departments and agencies to coordinate with their provincial and territorial counterparts, as well as horizontally with other regulators.

In addition, TBS is taking steps to ensure that new regulatory proposals or changes to existing regulations that are required to address the COVID-19 situation are given top priority. However, departments and agencies have advised that they have capacity to undertake more normalized operations and are seeking to advance other regulatory initiatives. TBS continues to work with departments to prioritize submissions and to ensure that stakeholder impact is considered in the context of the pandemic and economic situation.

43. 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 (5) 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.

44. Protecting personal information

Issue

Privacy breaches and the protection of Canadians’ personal information

Key facts

  • TBS privacy policies and guidance support institutions to meet their obligations under the Privacy Act that are required to protect Canadians’ personal information.
  • Beginning in 2019, TBS has been implementing a Privacy Breach Action Plan to strengthen the prevention and management of privacy breaches across government.
  • In May 2020, TBS issued guidance to government institutions on the collection and disclosure of personal information from employees in relation to the management of the COVID-19 pandemic.
  • In June 2020, TBS issued an interim privacy policy and directives to ensure privacy is protected while delivering on urgent COVID-19-related initiatives, such as enhanced border measures and quarantine call centres.
  • In November 2020, the government introduced Bill C-11, or the Digital Charter Implementation Act, 2020, which would modernize the framework for the protection of personal information in the private sector.
  • On February 14, 2021, the Department of Justice Canada, in collaboration with TBS, concluded public consultations on modernizing the Privacy Act, which encouraged Canadians to share their views and their expectations of privacy.

Response

  • The Government of Canada continues to work diligently to ensure that Canadians’ personal information is kept safe and secure.
  • In 2019, the government began implementing the Privacy Breach Action Plan, which focuses on strengthening the prevention and management of privacy breaches across government.
  • To support the government’s urgent response to the pandemic, TBS issued an interim privacy policy and related directives concerning privacy protection, which were effective from March 2020 to March 2021.
  • The interim policy and related directives gave the 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 initiatives.
  • 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 respond to the COVID-19 crisis.
  • As well, in collaboration with the Department of Justice Canada, we recently concluded public consultations on modernizing the Privacy Act to ensure the legislation keeps pace with evolving expectations of Canadians and modern-day challenges.
  • In addition to the actions we are taking to ensure the protection of personal information held by government institutions, my colleague, the Minister of Innovation, Science and Industry, has proposed Bill C-11, the Digital Charter Implementation Act, 2020, which would modernize the framework for the protection of personal information in the private sector.

Background

The Privacy Act requires government institutions to protect Canadians’ personal information.

The Directive on Privacy Practices requires government institutions to establish plans and procedures for addressing privacy breaches in their institutions which must include roles and responsibilities and mandatory reporting of material privacy breaches.

Material breaches are breaches that involve sensitive personal information – such as medical and financial information – and could reasonably be expected to cause injury or harm to the individual.

TBS monitors the material breaches reported by institutions across government and identifies where additional guidance or training may be required.

In his Annual Report to Parliament, tabled in October, the Privacy Commissioner was critical of the government’s handling of privacy breaches. In particular, he stated that many cyber incidents are not treated or reported as material privacy breaches.

Since 2019, TBS has been implementing the Privacy Breach Action Plan to strengthen the prevention and management of privacy breaches across government, including cyber-related incidents.

In May 2020, TBS issued guidance to government institutions on the collection and disclosure of personal information from employees in relation to the management of the COVID-19 pandemic.

In June 2020, TBS issued an interim policy on privacy protection and directives to ensure privacy is protected while delivering on urgent COVID-19-related initiatives such as the implementation of enhanced border measures and quarantine call centres. Specifically, the changes enable institutions to complete a condensed Privacy Compliance Evaluation for urgent COVID-19-related initiatives, rather than a full Privacy Impact Assessment, which can take months.

The intent of the interim policy and directives was to ensure that privacy risks were identified, and privacy was protected in urgent COVID-19-related initiatives. The interim policy and related directives were in effect until March 31, 2021. To enable the protection of personal information in the development of urgent COVID-related programs and initiatives, a policy exception process has been developed and institutions can seek an exception to the policy and directives, as needed.

In November 2020, the government introduced Bill C-11, the Digital Charter Implementation Act, which would modernize the framework for the protection of personal information in the private sector.

On February 14, 2021, the Department of Justice Canada in collaboration with TBS concluded public consultations on modernizing the Privacy Act, which seeks to ensure the legislation keeps pace with evolving expectations of Canadians and modern-day challenges. A What We Heard report is expected in the coming months.

45. 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, 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 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 on-site 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 access to information and privacy offices adapt their procedures to the remote work environment.
  • The Access to Information and Privacy (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, access to information and privacy 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.

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 Access to Information and Privacy (ATIP) Online Request service to modernize the access to information and privacy process for Canadians. That was an important first step in making access to information and privacy 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 Access to Information and Privacy (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 Access to Information and Privacy (ATIP) Online Request service, the government is also undertaking a procurement process to ensure modern access to information and privacy 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 (accessible only on the Government of Canada network) 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.

46. 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, including a requirement for the President of the Treasury Board to undertake a review of the Act every five years, with the first review beginning by June 21, 2020.
  • The review was launched on June 18, 2020, focusing on three themes:
    • examining the legislative framework
    • opportunities to improve proactive publication to make information openly available
    • assessing processes and systems to improve service and reduce delays
  • On March 31, 2021, the government launched public engagements on the review and is currently receiving online submissions. Other engagement opportunities are being planned for the coming months.

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 began receiving submissions through our online engagement portal. 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 Actwithin 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 fulfillment 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. 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.

47. Emergency contracting

Issue

In response to the COVID-19 pandemic, changes were made to the Contracting Policy (Appendix C) to continue to enable emergency contracting by government departments.

Key facts

  • Effective March 20, 2020, the Treasury Board increased the emergency contracting limit for the Minister of Public Services and Procurement from $15 million to $500 million and has raised the emergency contracting limit for all Ministers from $1 million to $3 million. These amendments were extended on December 23, 2020, and are in effect until June 30, 2021.
  • These changes were necessary to continue to enable quick response to support government operations in an unprecedented situation.

Response

  • Federal departments and agencies continue to be called upon to deliver – with urgency and speed – the Government of Canada’s response to COVID-19, to protect the health and safety of all Canadians, stabilize our economy, and help workers and businesses and the financial hardship they face.
  • The government is providing temporary increases to limits for emergency contracting to enable the quick and efficient procurement of necessary resources in the context of COVID-19.
  • Departments are required to document their decision-making when they issue emergency contracts, including those under these increased limits, and to report to TBS.
  • Organizations have provided reports on emergency contracting, with the most common goods procured being personal protective equipment and vaccines.
  • 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.

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.

Public Services and Procurement Canada may enter into an emergency contract for the development, acquisition and deployment of vaccines without Treasury Board approval, and also enter into a contract up to $500 million without Treasury Board approval, under 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

Public Services and Procurement Canada may also exercise options in emergency contracts and enter into or amend contracts up to $250 million without Treasury Board approval.

Public Services and Procurement Canada 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 between $3 million and $500 million, departments are expected to use Public Services and Procurement Canada contracting services.

The use of emergency contracting is not equivalent to sole-source procurement. 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 timelines for emergency contracting reports 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.

Departments would be best placed to provide information on contracts awarded by department using the Treasury Board emergency contracting limits Public Services and Procurement Canada would be best placed to provide information on contracts for vaccines.

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 Public Services and Procurement Canada on behalf of a department, it is the client (that is, spending) department’s chief financial officer that needs to approve.

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.

Personal protective equipment

Public Services and Procurement Canada continues to coordinate the purchase of personal protective equipment on behalf of government and will report on emergency contracts (including those for personal protective equipment) to TBS. Public Services and Procurement Canada has also provided some information on personal protective equipment purchases on its website, for added oversight and transparency. The release of certain contract information will remain pending until the pandemic is over and maintaining confidentiality is no longer an issue.

48. Vaccine contracting

48.a Vaccine procurement

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 development, acquisition and deployment of vaccines in effect until June 30, 2021.
  • These changes were necessary to continue to enable quick response to support government operations in an unprecedented situation.
  • Public Services and Procurement Canada, 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 its response to COVID-19. This includes the procurement of vaccines.
  • To enable Public Services and Procurement Canada to quickly and efficiently procure vaccines on behalf of the Government of Canada, provinces and territories, the government has provided the Minister of Public Services and Procurement a temporary unlimited emergency contracting limit with the goal of protecting Canadians from COVID-19.
  • 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 purchase of vaccines.
Background
Basic rules around emergency contracting from Treasury Board Contracting Policy, Appendix C

Until June 30, 2021, every department has $3 million emergency contracting approval limit for use in a pressing emergency.

Public Services and Procurement Canada may enter into an emergency contract for the development, acquisition and deployment of vaccines without Treasury Board approval, and also enter into a contract up to $500 million 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 approval to use the special authority

Public Services and Procurement Canada may also exercise options in emergency contracts and enter into or amend contracts up to $250 million without Treasury Board approval.

Public Services and Procurement Canada 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 between $3 million and $500 million, departments are expected to use Public Services and Procurement Canada 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 Public Services and Procurement Canada on behalf of a department, it is the client (that is, spending) department’s chief financial officer that needs to approve.

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

Public Services and Procurement Canada 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 include vaccines to TBS. Public Services and Procurement Canada 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.

48.b Vaccines: HR guidance issue

As COVID-19 vaccines are being administered across Canada, the Office of the Chief Human Resources Officer 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 Service 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

No federal, provincial or local health authority has indicated that they will mandate vaccination. Currently, based on information available, the COVID-19 vaccines would not be mandatory for employees.

[redacted]

There is presently no federal legislation, regulation or policy that requires employees to be vaccinated in order to enter a workplace.

Whether or not a vaccine will be made a requirement for a specific operation or a position in a department is a decision based on a task-specific hazard assessment in accordance with their departmental Hazard Prevention Program, made in consultation with medical advisors, the appropriate Health and Safety Committee and must include human rights, Charter and privacy considerations.

Public servants may require proof of a COVID-19 vaccination in order to operate in certain high-risk environments or with vulnerable populations. The intent remains to protect our workforce and protect others to maintain operational effectiveness as we serve Canada and Canadians at home and abroad.

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