By-laws and Operating Principles of the Public Service Commission

(Updated January 2006)

Table of contents

• Preamble
• 1. The Commission
• 2. Operating principles
• 3. Roles and responsibilities of the Commission
  • 3.1 Oversight of merit / statutory responsibilities
    3.2 Governance of the organization
    3.3 The role of the President
• 4. Commission governance structures and processes
  • 4.1 Commission structure
    4.2 Commission meetings
    4.3 Decision-making procedures
    4.4 Official languages
    4.5 Remuneration and expenses
    4.6 Role of the Secretary General
    4.7 Role of the General Counsel
• 5. Committees of the Commission
  6. External relations and conflict of interest

Preamble

The By-laws of the Public Service Commission of Canada (PSC) constitute a living document that draws inspiration from the history, culture, values and goals of an organization that, as a federal institution, has contributed to the building of Canada. This document is intended to adapt to ongoing change within and outside of the organization, while remaining constant to the values long honoured and respected by parliamentary democracies in general, and Canadian citizens in particular.

The By-laws describe the governance framework of the Commission, within which it leads the organization to fulfill its responsibilities under the Public Service Employment Act (PSEA). This framework focuses on the principles by which the Commission operates, the way responsibility is shared, the relationships between different parts of the organization, and the processes used to ensure accountability and measure progress towards objectives.

The new PSEA was fully implemented on December 31, 2005. The intent of the new legislation is to delegate authorities as much as possible and allow the PSC to focus on oversight.

The By-laws will be reviewed regularly by the Secretary General, and may be reviewed at any time at the request of the Commission.

Top of Page

1. The Commission

1.1 The Public Service Commission is an independent agency mandated by Parliament to ensure a public service that is competent, non-partisan, representative of the Canadian population and able to serve the public with integrity and in the official language of their choice. The mandate of the Commission is provided for in the PSEA (s. 11 and 12). It is namely responsible for:

• appointing or providing for the appointment of, persons to or from within the public service in accordance with this Act;
• conducting investigations and audits in accordance with this Act;
• administering the provisions of this Act relating to political activities of employees and deputy heads;
• performing any functions in relation to the public service that are assigned to it by the Governor in Council.

1.2 The mission of the PSC is, through its statutory authorities, to help build a Public Service that strives for excellence. It protects merit and non-partisanship and it promotes representativeness and the use of both official languages.

1.3 The Commission consists of a President and two or more other
Part-time Commissioners (hereafter referred as Commissioners). The President is appointed under the Great Seal, after approval by resolution of the Senate and House of Commons, and the Commissioners are appointed by the Governor in Council. The President is the Chief Executive Officer.

1.4 The President and the Commissioners hold office during good behaviour for a maximum period of seven years, but may be removed by the Governor in Council at any time on address of the Senate and the House of Commons.

1.5 Before commencing his or her functions, a Commissioner shall take an oath or make a solemn affirmation before the Clerk of the Privy Council or the person designated by the Clerk in accordance with sub-section 4(8) of the PSEA.

Top of Page

2. Operating principles

The following principles will guide the Commission in all its deliberations:

2.1 Leadership: The Commission shall provide strategic leadership to the organization in establishing its vision, mission and core values, and by approving policies that reflect them, and shall ensure that they are implemented.

2.2 Values and ethics: The Commission shall establish and nurture a culture valuing trust, open debate, self-examination, fairness, transparency and respect for all. It shall engage in practices which are effective, efficient and ethical.

2.3 Collegiality: The Commission shall be fully cognizant of its collective responsibilities under the PSEA and shall work together as a governing board of the organization in fulfilling these responsibilities.

2.4 Collaboration: The Commission shall ensure that appropriate mechanisms and processes are in place to ensure that employees and stakeholders are actively committed and involved, on an on-going basis, in shaping its values, policies, programs and services.

2.5 Accountability: The Commission has ultimate responsibility for the transactions and affairs of the Commission and is accountable to Parliament.

2.6 Bilingualism: The Commission shall support and encourage the use of both official languages in all of its deliberations.

2.7 Rule of Law: The Commission shall be fully cognizant of the duties and responsibilities attached to the exercise of its administrative, regulatory, policy, audit and investigative roles under the PSEA.

Top of Page

3. Roles and responsibilities of the Commission

3.1 Oversight of merit/statutory responsibilities

In fulfilling its obligations and responsibilities under the Public Service Employment Act and the Employment Equity Act, the Commission shall be accountable for:

1. approving and reviewing appointment policy frameworks for the federal public service covered under the PSEA;
2. approving regulations and exclusion orders related to provisions of the PSEA, consistent with legislation and which are in the best interests of the public service;
3. approving and reviewing staffing delegation frameworks to deputy heads, and monitoring departmental performance accountability;
4. approving and reviewing oversight frameworks (e.g. staffing reviews, audits, investigations, monitoring, etc.) to protect the integrity of the appointment system;
5. approving the political activity policy framework regarding leaves of absence for public servants who wish to seek nomination by a political party and stand as candidates for federal, territorial, provincial and municipal elections to ensure non-partisanship in the federal public service; and
6. reporting annually to Parliament on matters under its jurisdiction, and may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers and function of the Commission where, in the opinion of the Commission, the matter is of such urgency or importance that a report on it should not be deferred until the next time provided for transmission of the next annual report of the Commission.

3.2 Governance of the organization

In fulfilling the governance role with respect to the PSC, the Commission shall:

1. provide strategic direction to the PSC in establishing its vision, mission and core values, and ensuring their implementation;
2. subject to the limits defined in the PSEA, delegate, at its discretion and under its conditions, certain of its authorities to the President and PSC officials within the organization;
3. provide advice on external communications, including relationship with Parliamentarians;
4. approve the By-laws and Operating Principles of the Public Service Commission and overseeing the performance of the Commission as a governing body.

3.3 The role of the President

In addition to his or her roles and responsibilities as a member of the Commission, the President has additional responsibilities as President of the Commission, and as Chief Executive Officer of the organization.

As President, he or she shall:

1. generally, preside over the meetings of the Commission;
2. act as the primary spokesperson with key stakeholders (Parliament, public, special interest groups, departments, etc,) for the Commission;
3. ensure that the PSC is engaged with key stakeholders by maintaining the credibility of the Commission in protecting the integrity of the appointment system in the federal Public Service;
4. be accountable to the Commission for the authorities that have been delegated to him or her.
   
   As Chief Executive Officer, he or she shall:
   
   
5. be accountable to the Minister of Canadian Heritage and Treasury Board for specific duties and responsibilities under the Financial Administration Act (FAA);
6. be accountable to the Commission under the Public Service Employment Act (PSEA);
7. effectively mobilize the organization’s human and financial resources to develop, promote and implement timely and appropriate risk-based strategies and approaches to ensure the implementation of the Commission Business Plan;
8. sub-delegate PSEA staffing authorities and FAA financial authorities to PSC managers.

Top of Page

4. Commission governance structures and processes

The size, membership and legal framework of the Commission are provided for in the PSEA. The Commission has the flexibility to organize itself as it sees fit and to engage persons to assist the Commission in the performance of its duties.

4.1 Commission structure

1. The Commission has three or more members, one of whom is the President.
2. The President serves on a full-time basis and the Commissioners on a part-time basis.
3. A majority of the members of the Commission constitutes a quorum of the Commission.

4.2 Commission meetings

The Commission shall use meetings as the prime forum to conduct its business.

1. Commission meetings shall be held regularly, at the Head Office of the Commission or at such other place as determined by the President, for any purpose that the President may determine, including carrying out responsibilities as described in section 3.1 and 3.2 of the By-laws.
2. The President presides at regular meetings of the Commission. A Commissioner may be designated by the President to preside a meeting of the Commission in the President’s absence.
3. The President may call a formal meeting of the Commission without prior notice when urgent matters of business require it.
4. The quorum for a meeting of the Commission is a majority of the members of the Commission. A Commissioner participating by telephone or any other means at a Commission meeting shall fulfill the requirements of a quorum.
5. The President shall determine the participation of staff and other persons or agencies at its meetings.
6. The President may restrict attendance at a meeting or a portion of a meeting in order to respect the provisions of the Privacy Act.
7. Individuals from outside the Commission may make presentations to the Commission as part of its decision-making process only on the invitation of the President, to be considered on a case-by-case basis on advice from the Secretary General in consultation with Legal Services.
8. The Commission may hold its meetings in-camera.

4.3 Decision-making procedures

1. Subject to d. below, a quorum of the majority of the Commission is required for all decisions, approvals and orders of the Commission.
2. All decisions of the Commission shall be made by a majority of the Commission members.
3. The Commission shall work towards a consensus on all decisions.
4. The Commission may authorize the President or a Commissioner to exercise, alone, certain powers, functions or duties of the Commission under the PSEA.

4.4 Official languages

1. All Records of Decisions, Agendas and Minutes shall be in both official languages.
2. Material submitted for the Commission’s consideration, or presentations to the Commission, may be in either official language. Employees are encouraged to use the official language of their choice.

4.5 Remuneration and expenses

1. Commissioners shall be remunerated at the per diem rate set by the Governor in Council for attendance at meetings of the Commission or any other committees/meetings that the Commissioner is requested to attend by the President.
2. Upon prior approval of the President, a Commissioner may be paid remuneration at the per diem rate set by the Governor in Council for work performed in relation to meetings of the Commission or work performed on behalf of the Commission other than stated above.
3. A day is defined as seven and a half hours. For each part day worked, or for work periods exceeding seven and a half hours, the Commissioner will be paid in a proportionate amount of this per diem rate as approved by the President.
4. Travel and living expenses will be paid to Commissioners in accordance with Treasury Board and PSC directives.

4.6 Role of the Secretary General

1. The Secretary General shall ensure the implementation of the governance process as formulated in the Commission By-laws.
2. The Secretary General shall provide appropriate mechanisms to ensure that the Commission fulfills its obligations, and shall make recommendations to increase the effectiveness and efficiency of the Commission.
3. The Secretary General shall serve as custodian of Commission Records of Decisions and Minutes of meetings, and as guardian of corporate memory, ensuring that the provisions of the Access to Information Act and of the Privacy Act are respected.
4. The Secretary General shall ensure that proper mechanisms and processes are in place to assist the Commission in monitoring the implementation of its decisions as intended.
5. The Secretary General shall ensure appropriate information flow between the Commission and management.
6. The Secretary General shall manage the provision of secretariat support to the Commission, including the management and coordination of activities relating to the conduct of formal and informal Commission business.
7. The Secretary General shall perform any other duties assigned to him or her by the Commission.

4.7 Role of the General Counsel

1. The General Counsel shall advise the Commission on whether any power, function or duty to be exercised by the Commission is within the Commission’s jurisdiction.
2. The General Counsel shall advise the Commission on whether activities carried out by the organization are consistent with the Canadian constitutional and legislative frameworks.
3. The General Counsel shall keep the Commission informed of legal and judicial developments susceptible of having an impact on the Commission’s activities.
4. The General Counsel shall oversee the general management of litigation arising out of the PSEA or otherwise affecting the Commission.

Top of Page

5. Committees of the Commission

5.1 The Commission may establish Standing, Special or Advisory Committees as it may deem necessary for the effective discharge of its responsibilities.

5.2 The President shall determine the chair for each Committees.

5.3 The Commission may, by decision, dissolve any Committee at any time.

5.4 The Commission shall prescribe the terms of reference of all Commission Committees.

5.5 The Commission may retain on a temporary basis the services of experts or other persons to assist it in an advisory capacity and, subject to the approval of Treasury Board, fix their remuneration.

5.6 The Committee structure and Terms of Reference for each Committee shall be appended to these By-laws and reviewed by the Secretary General as required.

Top of Page

6. External Relations and Conflict of Interest

6.1 The Commission's primary spokesperson and representative is the President.

6.2 The participation of any Commission member in an association, organization, or agency outside of the public service shall be subject to the provisions of subsection 4.(4) of the PSEA and comply with the principles of the Conflict of Interest and Post-Employment Code for Public Office Holders (only Part I for Commissioners) and respect the Values and Ethics Code for the Public Service.

6.3 The Commission shall ensure that its participation in activities described in section 6.2 shall not conflict with or impair the performance of its duties as a Commission or member of the Commission.

6.4 The participation of any member of the Commission in any activity or capacity described in section 6.2 shall be agreed to by the Commission.

6.5 Members of the Commission shall participate in establishing, maintaining and enforcing high standards of conduct, and act to promote and preserve the integrity and accountability of the Public Service Commission to Canadians.

6.6 More specifically, when exercising powers and making decisions affecting individual rights, the members of the Commission must strive to act fairly, objectively, impartially and without bias. However, the duty of a member of the Commission goes beyond ensuring that there is no actual bias. The Members of the Commission must conduct themselves in a manner that will not give rise to an appearance of unfairness, partiality or bias.