Order Fixing July 1, 2023 as the Day on Which Subsection 277(2) and Section 280 of the Budget Implementation Act, 2021, No. 1 Comes into Force (Public Service Employment Act): SI/2023-20

Canada Gazette, Part II, Volume 157, Number 14

Registration
SI/2023-20 July 5, 2023

BUDGET IMPLEMENTATION ACT, 2021, NO. 1

Order Fixing July 1, 2023 as the Day on Which Subsection 277(2) and Section 280 of the Budget Implementation Act, 2021, No. 1 Comes into Force (Public Service Employment Act)

P.C. 2023-586 June 16, 2023

Her Excellency the Governor General in Council, on the recommendation of the President of the Treasury Board, under section 286 of the Budget Implementation Act, 2021, No. 1, chapter 23 of the Statutes of Canada, 2021, fixes July 1, 2023 as the day on which subsection 277(2) and section 280 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

Pursuant to Budget Implementation Act, 2021, No. 1 (BIA), this Order fixes July 1, 2023, as the day on which subsection 277(2) and section 280 of that Act come into force.

Objective

This Order sets the coming into force date for legislative provisions to address systemic barriers for equity-seeking groups in public service staffing.

The provisions will give the Public Service Commission (the Commission) and deputy heads explicit authority to investigate appointment processes for bias and barriers for members of equity-seeking groups and will require that the design and application of assessment methods include an evaluation of bias and barriers, and reasonable efforts for mitigation.

Background

In the 2020 Speech from the Throne, the government committed to implementing an action plan to increase diversity in hiring and appointments within the public service. Budget 2021 proposed amendments to the Public Service Employment Act (PSEA) to affirm the importance of a diverse and inclusive workforce and avoid biases and barriers in hiring.

On June 29, 2021, Bill C-30: An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures received royal assent. As the provisions of the law came into force in stages, subsection 277(2) and section 280 of the BIA are the two remaining provisions related to the PSEA that have yet to come into force.

Implications

The Commission is responsible for safeguarding a merit-based, representative and non-partisan public service that serves all Canadians, in collaboration with its stakeholders. In response to the new requirement to evaluate assessment methods for biases and barriers, it undertook a review of the Appointment Framework, consisting of the Appointment Delegation and Accountability Instrument (ADAI) and the Appointment Policy.

Amendments to the Appointment Framework, effective on the same date as the coming into force of these provisions, emphasize the Commission’s commitment to an inclusive public service. The amended ADAI delegates the authority to evaluate assessment methods to deputy heads and permits the sub-delegation to any persons who meet the terms and conditions established for sub-delegation. The amended Appointment Policy reaffirms the importance of a diverse and inclusive workforce and provides clarity on expectations, specifically on documentation requirements related to the evaluation of assessment methods for biases and barriers, and the efforts made to remove or mitigate their impact.

Leading up to the proposal’s coming into force, the Commission has supported implementation of the new provisions by providing departments and agencies with guidance, tools, and services to ensure their readiness in fulfilling these new responsibilities. Departments and agencies have modified their instruments of delegation which identify and document to whom these authorities will be sub-delegated and have revised their internal staffing practices to reflect the requirement to conduct an evaluation of assessment methods prior to their use.

Bringing into force subsection 277(2) and section 280 of the BIA on July 1, 2023, will add subsection (5) to section 2 (definitions^{footnote 1}) and will add subsection (2) to section 36 (assessment methods^{footnote 2}) of the PSEA. This will enable the Commission, departments and agencies to pursue activities to reduce the potential bias and barriers that disadvantage equity-seeking groups in public service staffing processes, thus levelling the field for all Canadians.

Consultation

Departments and agencies subject to the PSEA were consulted on their readiness for implementation. They have examined the impacts on their staffing frameworks and have considered how their hiring managers and human resources advisors will be engaged, trained, and informed about the changes prior to implementation.

Contact

Mary Anne Stevens
Senior Director
People and Culture
Office of the Chief Human Resources Officer
Treasury Board Secretariat
Telephone: 613‑668‑9367
Email: MaryAnne.Stevens@tbs-sct.gc.ca