Public Service Modernization

Questions and Answers on Bill C-25  

After a spirited fight by the PSAC and a handful of Senators, Bill C-25 was passed on November 4th and received Royal Ascent later that week. What follows is a series of questions and answers which should shed some light on what the next steps and what role we will play in the implementation of the Public Service Modernization Act (PSMA).  

Q: When will the legislation be implemented?  

The PSMA amends 4 separate Acts and will be implemented in phases. The two Acts which will have the most impact on PSAC members are the Public Service Labour Relations Act (PSLRA) which will come into force in November 2004 and the Public Service Employment Act (PSEA) which will come into force sometime in the spring on 2005.

Q: Will the new provisions relating to strike votes and essential services apply to the current round of negotiations?

No, the new provisions of the PSLRA, particularly those related to strike votes and essential services, will not affect the current round of bargaining.

Q: How will the policies and regulations related to the PSMA be developed?   

The new Public Service Labour Relations Board and the new Public Service Commission will be responsible for drafting the regulations for both Acts. There are provisions for bargaining agents to be consulted in the development of these new regulations but we still do not know exactly how this consultation will take place. Many of the policies which will flow from the PSMA will be developed by each department. However a secretariat, the Human Resources Modernization Implementation Secretariat (HRMIS) has been established to oversee the implementation of the PSMA and to help guide departments in the development of these policies.

Q: How will the HRMIS be structured?

The HRMIS will be responsible for monitoring the implementation of the PSMA and will provide expertise and “secretariat” functions to committees which have been established to develop policies and procedures related to the implementation of the Act. These committees will include a Union Management Advisory Committee (UMAC) which will be made up of 7 senior bargaining agent representatives and 7 employer representatives. Five Deputy Minister sub-committees who will be responsible for developing options and strategies on different aspects of the PSMA and who will report to the UMAC and finally, various working groups who will draft policies and provide options to these sub-committees.

Q: Will the PSAC participate in any of these committees.

Yes, the National President and another member of the National Board of Directors will be representatives on the UMAC, we will also be naming 2 members of the National Board of Directors to participate in the following three (3) Deputy Minister sub-committees: Staffing and Staffing Recourse, Labour Management Relations and Dispute Resolution, Learning cultural change and Communications. Two PSAC employees have also been seconded to work for the HRMIS on a one year term assignment and we will also be appointing staff to the various working groups.

Q: Does this mean that the PSAC now supports the changes proposed by C-25?    

No, the PSAC remains seriously concerned about the impact these new acts will have on our members and we will continue to try to convince decision makers of the need to reconsider many of the proposed changes. However, we hope that by participating in these committees we will be able to have a positive impact on the development of these policies and perhaps mitigate some of the negative impacts of the Act.