President meeting with Judith Robertson, Commissioner of the Financial Consumers Agency of Canada September 16, 2019

Introduction

Deputy Head

Ms. Judith Robertson was appointed as the Commissioner of the Financial Consumer Agency of Canada on August 19, 2019.

As Ms. Robertson is exercising the Public Service Commission’s (PSC) authority for the first time as DH. A copy of the New Direction in Staffing (NDS) highlights for DHs is attached as Annex A.

Organizational Context

Mandate

The Financial Consumer Agency of Canada (FCAC) is a federal government agency responsible for protecting consumers of financial services and products and promote financial literacy. It was established in 2001 by the federal government to strengthen oversight of consumer issues and to expand consumer education in the financial sector.

FCACensures federally regulated financial entities comply with consumer protection measures, promote financial education and raises consumers' awareness of their rights and responsibilities.

In 2018, the Government introduced measures to strengthen consumers' rights and interests when dealing with their banks, and to improve the ability of FCACto protect consumers, ensuring that it has the tools it needs to implement supervisory best practices, including directing banks to comply with their legal obligations.

Challenges

FCAC is growing at a rapid rate and hired its first Human Resources (HR) executive in November 2018. It has become apparent that the current resource complement is not adequately able to support the operational needs of the Agency and its changing legislative and government-wide obligations as it grows. A new structure and additional resources were approved in February 2019, based on a rigorous assessment of the current and future needs of the Agency, which led to a reorganization of HR services.

FCAC’s 2019-2020 business plan includes three areas of strategic focus; integrate change, bolster the organization, and deliver for Canadians, resulting in 13 priorities. An important priority will be supporting the implementation of new legislation that creates a stronger federal Financial Consumer Protection Framework.

Experimentation

FCAC created inventories for anticipatory staffing. Performance agreements, work samples, and letter of references have been used in assessments for internal appointment processes, and information included in submissions for awards and recognitions has also been considered.

While publishing their job opportunities on the PSCwebsite, FCACis also reaching out to the community of practice and social media to drive more applicants to their job advertisements and encourage more favorable recruitment outcomes.

Population and Staffing Activities

Population

FCAC is a small-size organization that has a population of 127 employees. As FCACis a separate agency subject to the Public Service Employment Act (PSEA), it does not have the same classification system as the Core Public Administration. The occupational group within the organization is Regulatory Enforcement Group (RE). As of March 31, 2019, the population was as follows:

Staffing Activities

100 indeterminate employees;
8 term employees;
15 casual employees; and
4 students.

In 2018-2019, FCACproceeded with a total of 91 staffing activities:

24 appointments to the public service;
13 promotions;
5 acting appointments;
25 casuals;
8 students; and
16 lateral and downward movements.

Please refer to Annex B for additional details on staffing activities.

Time to Staff

The data is insufficient for providing results on internal or external process times for FCAC.

Staffing Framework

New Direction in Staffing Implementation

FCAC developed a single staffing policy that came into effect in April 2016 and has shared the document with the PSC.

The organization was challenged with the implementation of the NDS due to its capacity, competing HR priorities and its traditional culture of staffing - most managers were not comfortable with promoting the use of the new flexibilities.

In its effort to support FCAC, the PSCprovided training on NDS to HR advisors and managers and did a presentation during an all staff meeting. Following these initial sessions, the organization’s HR advisors continued to communicate NDS messaging within FCAC. These sustained efforts contributed to the improvement of staffing practices and an overall improved understanding of the NDS. This was also an objective in their performance agreement. At this time, FCAChas requested more training on various topics involving recruitment and staffing. The PSCwill be delivering more sessions in future months.

As the last sub-delegation instrument was signed back in May 2015, FCAC has undertaken a review of its content. The instrument will be reviewed based on operational requirements to improve efficiencies while ensuring appropriate training is provided to sub-delegated managers. Among other things, the possibility of sub-delegating certain staffing authorities at a level lower than director to increase decisional agility will be proposed. The PSChas offered to review the proposed changes before the new Commissioner’s approval.

FCACis developing a framework to improve monitoring procedures that are already in place which include: a staffing checklist for HR advisors, a peer-to-peer review process of staffing files to be completed on a regular basis, a review of all non-advertised appointment files by the HR manager and the Chief of HR.

Appointment Delegation and Accountability Instrument Annex D Reporting

Use of the Public Service Official Languages Exclusion Approval Order and the Public Service Official Languages Appointment Regulations

The most recent Annex D report indicates that FCACmanage exclusions under the Public Service Official Languages Exclusion Approval Order and the Public Service Official Languages Appointment Regulations. It specifies one situation in which the initial two-year period referred to in a person’s agreement to become bilingual expired in 2014, however the employee has been on leave since January 2013.

Approved Deputy Head Exceptions to the National Area of Selection Requirements for External Advertised Appointment Process

FCAC reported that the DH approved one exception to the National Area of Selection in 2018-2019 for a two year employment opportunity to fill the position of Director, Human Resources. However, no appointments had been made from this process.

Results of Organizational Cyclical Assessment

As a smaller organization, FCACwas offered the opportunity to partake in the PSC’s cyclical assessment pilot, as per section 3 of the Appointment Delegation and Accountability Instrument.

However, FCACdecided not to participate in the pilot project as the Agency has the internal resources to produce the report before the deadline of May 1, 2021. The staffing support advisor (SSA) already had a discussion on cyclical assessment with FCAC’s representative and will provide support as needed.

Inquiries and Trends

The PSCreceived 7 requests from FCACfrom April 2017 to January 2019. FCAChas a collaborative relationship with the SSA and contacts her when needed to further their understanding of staffing requirements and compliance.

Oversight

Audits

FCAC was audited by the PSCin 2011. The audit included a recommendation that FCACshould establish and implement, with its service provider, (FCAC had a service provider at the time) a control mechanism at the transactional level to ensure that supporting documentation related to appointments would be accurate and compliant with the Public Service Employment Act (PSEA) and other governing authorities.

In 2015, the PSCdetermined that it was satisfied with the organization’s progress in implementing the audit recommendations.

Investigations

No investigations were requested nor conducted for this organization since 2016.

Staffing and Non-Partisanship Survey Results

The Staffing and Non-Partisanship Survey Results (SNPS) are based on a final response rate of 59% for FCAC. To be noted that FCACdid not receive results for all questions as only questions with a minimum of 10 respondents are shared.

The Agency’s results are positive when compared to other similar size organizations and the whole public service.

Below are key findings from FCAC2018 SNPS results:

92% of managers indicated that they understand the NDS, as compared to 67.9% in similar size organizations and 61.4% across all organizations in the federal public service.
100% of managers indicated that they understand their organizations' policies with respect to staffing, as compared to 84.3% in similar size organizations and 73.1% across all organizations in the federal public service.
80.8% of managers indicated that the staffing options available to them within their organizations allow them to address their staffing needs as quickly as required, as compared to 58.2% in similar size organizations and 37.6% across all organizations in the federal public service.
91.3% of managers indicated that staffing options available to them within their organizations provide them with the flexibility to appoint persons who are a good fit within their work units, as compared to 74.9% in similar size organizations and 60% across all organizations in the federal public service.
100% of managers agreed that staffing advisors in their organizations provide them with consistent staffing advice, as compared to 89% in similar size organizations and 68.8% across all organizations in the federal public service.
90.3% of managers agreed that, overall, they were satisfied with the staffing services they received within their organizations, as compared to 82.1% in similar size organizations and 59.4% across all organizations in the federal public service.

In terms of perceptions on merit, fairness and transparency, 70.2% of employees agreed that people hired in their work units can do the job, as compared to 69.8% in similar size organizations and 53.8% across all organizations in the public service.

Diversity Profile

There is currently no data available for 2017-2018. Considering that the number of employees for FCACas of March 31, 2017 was 98, and that as of March 31, 2018, the total reached 113; as such, the organization submitted its first employment equity annual reports to Parliament in 2018.

Priority Entitlements and Veterans

From April 1, 2018 to July 17, 2019 FCACappointed 1 person with a priority entitlement (PPE). During that same time period, FCACmade 69 priority clearance requests.

From the coming into force of the Veterans Hiring Act on July 1, 2015 until June 30, 2019, FCAChas not appointed any members of the Canadian Armed Forces released for medical reasons attributable or not attributable to service.

On August 16, 2019, FCAChad a total of two PPEs; one was a Leave of Absence Returnee priority and the other, was a Reinstatement entitlement.

As FCACis a separate agency subject to the PSEA, it does not have the same classification system as the Core Public Administration. FCACregularly shares the latest salary scales for their classification to ensure they can match jobs appropriately.

Non-Partisanship in the Public Service

FCAC’s Designated Political Activities Representative (DPAR) is Annie Grenier. The DPAR acts as a liaison with the PSCon matters related to political activities and non-partisanship.

Since April 1, 2015, the PSChas not processed any federal, provincial, territorial and municipal requests for permission from that organization.

The 2018 Staffing and Non-partisanship Survey results indicate that FCAC employees' level of awareness regarding their rights and obligations for engaging in political activities is 82.2%, compared to 80.1% for the public service as a whole.

Public Service Commission Initiatives

FCAC is not part of any PSC-led initiatives.

Staffing Support

Public Service Commission Representatives and Organizational Contacts

The SSA assigned to this organization is Gaétane Clément and the primary organizational contact is Julie Guillerm-Therrien, Manager Human Resources Operations. Ms. Julie Neveu is the Chief Human Resources Officer for FCAC. To be noted that Ms. Neveu has won the Michelle C. Comeau Award for excellence in HR leadership last year.

Annex A

A New direction in Staffing – A merit-based system that is effective, efficient and fair

Appointment Policy

New focus on core requirements to provide sub-delegated persons greater discretion in making an appointment

One Appointment Policy, no duplication with legal requirements
Broader focus on values-based system, away from rules-based system
Appointments Policy supported by streamlined guidance:

A roadmap to the requirements in legislation, regulations and policy
Options and considerations for decision-making where there is discretion

Clear expectations for priority entitlements
No restrictions to assessment methods for EX appointments
Exceptions to National Area of Selection approved by deputy head

Delegation

New ability to customize organizational staffing system based on unique context and evolving business needs

Deputy head establish a direction on the use of advertised and non-advertised appointment processes
Deputy heads to establish requirement(s) for sub-delegated persons to articulate, in writing, their selection decision
Clarity on requirements related to investigations
Attestation form to reinforce the accountabilities of sub-delegated persons

All PSCmonitoring and reporting requirements now found in the Appointment Delegation and Accountability Instrument

Monitoring and Reporting

Monitoring built by organizations, targeted to their needs

Annual Departmental Staffing Accountability Report no longer required
Annual reporting to the PSClimited to:

Use of Public Service Official Language Exclusion Approval Order
Exceptions to the National Area of Selection approved by the deputy head
Results of any internal investigations
Actions taken following any PSCinvestigations or audits.

Deputy head responsible for ongoing monitoring of organizational staffing system based on the organization’s unique context

Assessment of adherence to requirements, based on organization’s own risks, at the minimum every five years

PSC Oversight

System wide-focus

Government-wide compliance audit every two years
Renewed Survey of Staffing administered in alternating years with government-wide audit
System-wide effectiveness and efficiency reviews to support continuous improvement
Targeted PSC audits as a result of identified system-wide or organizational risks or at the deputy head request
Investigations conducted when there is a reason to believe there was political influence, fraud or improper conduct in an appointment process

This document should be read in conjunction with the Public Service Employment Act, the Public Service Employment Regulations, the PSCAppointment Policy and the PSCAppointment Delegation and Accountability Instrument.

Annex B

Figure 1 - Population by tenure as of March 31

Table 1 - *Public Service Employment Act* population by tenure as of March 31
Year	Indeterminate population	Term population	Casual population	Student population	Total population
As of March 31, 2014	65	4	8	0	77
As of March 31, 2015	71	4	7	0	82
As of March 31, 2016	75	1	13	4	93
As of March 31, 2017	75	6	15	2	98
As of March 31, 2018	90	10	11	2	113
As of March 31, 2019	100	8	15	4	127

Figure 2 - Population by language requirements as of March 31, 2019

Table 2 - *Public Service Employment Act* population by language requirements of the position for fiscal year 2018 to 2019
Linguistic requirements of the position	Population as of March 31, 2019	Percentage of population as of March 31, 2019
Bilingual	81	85%
Unilingual	14	15%
Unknown	32	0%

Figure 3 - Population by occupational group as of March 31, 2019

Table 3 - Top occupational groups, as a percentage of the *Public Service Employment Act* population for fiscal year 2018 to 2019
Occupational group	Population as of March 31, 2019	Percentage of population as of March 31, 2019
RE – Regulatory Enforcement Group	123	100%

Figure 4 - Population by region as of March 31, 2019

Table 4 - Distribution by region, as a percentage of the *Public Service Employment Act* population for fiscal year 2018 to 2019
Region	Population as of March 31, 2019	Percentage of population as of March 31, 2019
National Capital Region (NCR)	127	100%
Non-NCR	0	0%
Unknown	0	0%

Figure 5 - External indeterminate hires by occupational group, 2018-19

Table 5 - External indeterminate hires by top occupational groups, for fiscal year 2018 to 2019
Occupational group	Number of indeterminate hiring activities	Percentage of all indeterminate hiring activities
RE – Regulatory Enforcement Group	13	100%
Total	13	100%

Table 6 - Percentage of staffing activities in the National Capital Region compared with all other regions by fiscal year
Fiscal year	Percentage of staffing activities in the National Capital Region (NCR)	Percentage of staffing activities in all other regions (Non-NCR)
2014 to 2015	100%	0%
2015 to 2016	100%	0%
2016 to 2017	100%	0%
2017 to 2018	100%	0%
2018 to 2019	100%	0%

Table 7 - Number and percentage of staffing activities by type of process and fiscal year
Fiscal year	Non-advertised processes (excludes unknowns)	Advertised processes	% of Non- advertised processes
2014 to 2015	4	20	17%
2015 to 2016	2	14	13%
2016 to 2017	2	17	11%
2017 to 2018	6	20	23%
2018 to 2019	7	10	41%

Table 8 - Staffing activities by appointment type and fiscal year
Fiscal year	Promotions	Lateral and downward movements	Appointments to the public service (includes casuals and students)	Acting appointments (excludes appointments of less than 4 months)	Total
2014 to 2015	11	10	25	10	56
2015 to 2016	12	9	40	4	65
2016 to 2017	9	2	54	6	71
2017 to 2018	12	16	57	4	89
2018 to 2019	13	16	57	5	91

Table 9 - Staffing activities by tenure and fiscal year
Fiscal year	Promotions	Lateral and downward movements	Appointments to the public service (includes casuals and students)	Acting appointments (excludes appointments of less than 4 months)	Total
2014 to 2015	11	10	25	10	56
2015 to 2016	12	9	40	4	65
2016 to 2017	9	2	54	6	71
2017 to 2018	12	16	57	4	89
2018 to 2019	13	16	57	5	91

Key findings - Staffing and non-partisanship survey (2018)

70.2% of employees agreed that people hired can do the job, compared to 67.1% in organizations of similar size, and 53.8% in the federal public service
74.0% of managers agreed that within their organization, the administrative to staff a position is burdensome, compared to 79.3% in organizations of similar size, and 87.9% in the federal public service
For additional questions, there is no sufficient survey data available for the Financial Consumer Agency of Canada

Table 10 - Student staffing activities by recruitment program and fiscal year
Fiscal year	Federal Student Work Experience Program	Post-Secondary Co-op/Internship Program	Research Affiliate Program	Total
2014 to 2015	1	0	0	1
2015 to 2016	7	1	0	8
2016 to 2017	0	0	4	4
2017 to 2018	0	1	1	2
2018 to 2019	6	1	1	8

Figure 11 - External indeterminate and term hiring activities: Post-Secondary Recruitment Program and former students by fiscal year

Table 11 - External indeterminate and term hiring activities: Post-Secondary Recruitment Program and former student hires by fiscal year
Fiscal year	Post-Secondary Recruitment (PSR)	Former student hires*
2014 to 2015	0	1
2015 to 2016	0	4
2016 to 2017	0	5
2017 to 2018	0	4
2018 to 2019	1	0

Internal time to staff for fiscal year 2018 to 2019

The median internal time to staff for the public service (organizations subject to the Public Service Employment Act) for fiscal year 2018 to 2019 is 176 days.
The data is insufficient for providing results on internal process times for the Financial Consumer Agency of Canada.

External time to staff for fiscal year 2018 to 2019

The median external time to staff for the public service (organizations subject to the Public Service Employment Act) for fiscal year 2018 to 2019 is 186 days.
The data is insufficient for providing results on external process times for the Financial Consumer Agency of Canada.

Internal and External time to staff

Table 12 - Internal and External time to staff
Number of calendar days	The number of internal appointments for which the TTS-IA was within the specified number of calendar days for organizations subject to the Public Service Employment Act	The number of external appointment processes for which the TTS-EA was within the specified number of calendar days for organizations subject to the Public Service Employment Act
0 calendar days	0	0
0 to 29 calendar days	15	49
30 to 59 calendar days	124	82
60 to 89 calendar days	265	124
90 to 119 calendar days	384	160
120 to 149 calendar days	354	181
150 to 179 calendar days	311	179
180 to 209 calendar days	269	160
210 to 239 calendar days	234	139
240 to 269 calendar days	159	84
270 to 299 calendar days	128	73
300 to 329 calendar days	102	61
330 to 359 calendar days	77	41
360 to 389 calendar days	58	43
390 to 419 calendar days	51	49
420 to 449 calendar days	49	35
450 to 479 calendar days	40	22
480 to 509 calendar days	38	27
510 to 539 calendar days	31	17
540 to 569 calendar days	23	15
570 to 599 calendar days	21	14
600 to 629 calendar days	10	12
630 to 659 calendar days	19	7
660 to 689 calendar days	3	5
690 to 719 calendar days	12	7
720 to 749 calendar days	6	11
750 to 779 calendar days	5	3
780 to 809 calendar days	8	7
810 to 839 calendar days	3	2
840 to 869 calendar days	10	2
870 to 899 calendar days	4	0
900 to 929 calendar days	5	3
930 to 959 calendar days	4	1
960 to 989 calendar days	3	0
More than 990 calendar days	23	0

Technical Notes

The Time to Staff - Internal Appointments (TTS-IA) is the median number of calendar days between the opening date of an internal advertisement and the date of the first Notice of Appointment or Proposal of Appointment (NAPA) from the Public Service Resourcing System for internal term and indeterminate positions. As NAPAs are not required for all internal staffing actions, this measure is limited to reporting on internal promotional appointments
Only estimated term and indeterminate appointments/notifications are included (deployments, casual and acting appointments are excluded)
The Time to Staff - External Appointments (TTS-EA) is the median number of calendar days between the opening date of an external advertisement and the date of the first estimated appointment of an individual from outside an organization subject to the Public Service Employment Act for term and indeterminate positions. Only estimated term and indeterminate appointments/notifications are included (deployments, casual and acting appointments are excluded)
Because data between systems is linked using a probabilistic match, errors in data linkage are a potential source of measurement error

Source

Hiring and staffing activities data are derived from information received from the Treasury Board of Canada Secretariat Incumbent File. The Incumbent File is extracted from the Public Services and Procurement Canada’s pay system. The data constitutes an estimate of hiring and staffing activities to and within organizations.
Information from the Priority Information Management System and the Public Services Resourcing System is also used to determine if staffing actions are advertised or non-advertised as well as for calculating time to staff.
The data are not expected to match an organization’s human resources data, due to methodology and timing differences.

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Date modified:: 2021-02-16