POLICY ON THE MANAGEMENT OF EXECUTIVES

Table des matières

Preamble

The Correctional Investigator is mandated by an Act of Parliament as ombudsman for federal offenders. The primary role of the Office is to investigate and bring resolution to offender complaints, either individually or as a group, concerning recommendations, decisions, acts or omissions by the Correctional Service of Canada. As an Ombudsman organization, we are independent and approach our work with integrity, honesty, impartiality and respect. We are guided by the belief that fair, dignified and humane treatment of all citizens, including those deprived of liberty, is necessary and important in a free and democratic society. In all its actions, the Office of the Correctional Investigator is committed to the promotion and protection of human rights. The Office of the Correctional Investigator's senior management is committed to making the organization an employer of choice. All those who contribute towards the mandate of the organization, do so with pride, a sense of privilege and the knowledge that their efforts contribute to the greater good.


Executives, including casuals, terms, and part-time managers, working for the Office of the Correctional Investigator (OCI) are subject to this Policy as well as other relevant OCI policies. Compensation provisions are set out in Appendix B: Executive Compensation.

This policy applies to Executives of the OCI as defined in Schedule V of the Financial Administration Act. The Privy Council, by Order in Council dated February 15, 1993, authorized the OCI "to exercise and perform all of the powers and functions of the Treasury Board in relation to personnel management in the Office of the Correctional Investigator on the condition that the OCI exercises such powers and performs such functions in accordance with Treasury Board practices".

In its guiding principles, objectives, and requirements, this OCI Policy reflects, but is not identical to, the Treasury Board's Policy on the management of Executives.  



Definitons

Casual worker (employé occasionnel) - a person employed on a casual basis pursuant to the Public Service Employment Act. The period of employment of a casual worker may not exceed ninety (90) working days in one calendar year.

Common-law partner (conjoint de fait) - (See also Spouse) a person living in a conjugal relationship with an employee for a continuous period of at least one year.

Continuous employment (emploi continu) - one or more periods of service in the public service, as defined in the Public Service Superannuation Act, with allowable breaks only as provided for in the terms and conditions of employment applicable to the employee.

Demotion (rétrogradation) - the placement of an employee in a position that has a lower maximum rate of pay than the maximum rate of pay applicable to the employee's former position for reasons of discipline, unsatisfactory performance and reasons other than breaches of discipline or misconduct.

Deployment (mutation) - the movement of an employee from one position to another position made pursuant to the Public Service Employment Act.

Correctional Investigator (enquêteur correctionnel) - for purposes of Schedule V of the Financial Administration Act, the Deputy Head.

Executive group, EX group, - (Groupe de la direction, Groupe EX) - the occupational group as defined in the Canada Gazette.
Canada Gazett

Executive appointed on a term basis (cadre supérieur nommé pour une période déterminée) - an employee appointed to the executive group for a specified period.

Family (famille)
1) for the purpose of care of family leave:

spouse or common-law partner resident with the employee;
children (including foster children or children of spouse or common-law partner);
parents (including step-parents and foster-parents); and,
any relative residing in the executive's household or with whom the executive permanently resides.

2) for the purpose of bereavement leave :

spouse or common-law partner resident with the employee;
children (including foster children or children of spouse or common-law partner), stepchildren, son-in-law, daughter-in-law and grandchildren;
parents (including step-parents and foster-parents), father-in-law, mother-in-law and grandparents;
brothers and sisters, brothers-in-law and sisters-in-law;
any relative residing in the executive's household or with whom the executive permanently resides.

In-range salary movement (progression à l'intérieur de l'échelle salariale) - an increase in annual salary within the minimum and maximum salary applicable to the employee's group and level.

Lower level position (niveau de poste inférieur) - position with a lower maximum rate of pay than the previous position to which the employee is assigned to perform the duties, i.e. a difference of $1.00 or more for annual rates and $0.01 or more for hourly rates.

Lump sum performance award (prime au rendement) - a performance award for the achievement of key commitments (at-risk pay and bonus).

Reclassification (reclassification) - a change to either or both the occupational group and level of a position resulting from significant change in the work. A reclassification may be upward or downward.

Resignation (démission) - the voluntary separation of an employee other than at the end of a specified term for reasons other than retirement or lay-off.

Retroactive period (période de rétroactivité) - the period commencing on the effective date of implementation of the revision of rates of pay. Where no effective date of implementation is noted, the retroactive period ends on the day prior to the date formal notification of the revision is issued.

Salary (salaire de base) - the fixed recurring portion of an employee's cash compensation received for the performance of the regular duties of a position, exclusive of allowances, performance awards or other compensation or gratuities.

Salary maintenance (maintien du traitement) - the treatment under the Directive on Career Transition for Executives given to the total compensation of an executive who is appointed to a position with a lower salary maximum while on surplus status, or,
the treatment under the Directive on Executive Compensation given to the total compensation of an executive who is appointed to an executive position which has a lower salary maximum than the salary the employee received in the former position.

Salary protection for executives (protection salariale pour les cadres supérieurs) - the treatment given to the total compensation of an employee whose position has been reclassified or converted to a level with a lower salary maximum.

Service (service) - means continuous and discontinuous employment with any organization that is subject to the Financial Administration Act or with any organization in which the individual was a contributor under the Public Service Superannuation Act, Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act.

Spouse (conjoint) - (See also Common-law partner) the person married to the employee.

Substantive position (poste d'attache) - the position to which an employee has been appointed or deployed, or from which an employee is being appointed or deployed within the public service, in accordance with the Public Service Employment Act.


1. Effective Date

1.1 This policy takes effect on September 1, 2009.


2. Application

2.1 This policy applies to the Office of the Correctional Investigator (OCI) as defined in section 11 of the Financial Administration Act, unless excluded through specific acts, regulations or Orders in Council.

2.2 Specifically, it applies to employees in the following groups as specified in each component of the Policy:

Executive (EX) Group and equivalents

2.3 Application of individual components is specified in each appendix to this policy.


3. Context

3.1 The sound management of executives, compensation, and performance is an essential component of the effective management of the OCI's senior cadre and of the cost-effective, efficient delivery of its policies, program and services.

3.2 The Correctional Investigator is accountable for the management of executives in accordance with this policy and within the spirit and intent of the organization's values and ethics code. http://www.oci-bec.gc.ca/cnt/hrm-grh/values-valeurs-eng.aspx

3.3 This policy reflects the principles of excellence in people management, guided by organizational values, statutory and policy provisions, and based on the key leadership competencies responsive to evolving needs.

3.4 This policy is issued as per the Order in Council dated February 15, 1993, which authorized the OCI "to exercise and perform all of the powers and functions of the Treasury Board in relation to personnel management in the Office of the Correctional Investigator on the condition that the OCI exercises such powers and performs such functions in accordance with Treasury Board practices".

3.5 The Correctional Investigator has the authority to:

Approve amendments or exceptions to this policy,
Approve the classification standard for the EX Group and amendments if implementation would require additional funding,
Approve amendments to this policy resulting in an increase to total compensation for executives, and
Authorize the classification of positions in the EX Group.

3.6 Additional requirements OCI chooses to follow are set out in the:

Directive on Executive Compensation
http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=14220

Government Directive on the Performance Management Program for Executives.
Government Directive on the Performance Management Program for Executives


4. Definitions

Deputy head (Administrateur général) - for purposes of Schedule V of the Financial Administration Act, the Correctional Investigator occupies such a position.

Executive (cadre supérieur) - an employee appointed to the Executive Group or equivalent group. Employees who are considered to be executive equivalents are also covered by this policy.


5. Policy Statement

5.1 Objective

The objective of this policy is the cost-effective and efficient delivery of the OCI's  program through the:

Development of appropriate organizational structures designed to achieve organizational results,

Attraction and retention of qualified and experienced executives,

Management of executives' performance,

Recognition and valuing of executives' contributions, support of their, and aspirations and potential.  

5.2 Expected results

The expected results of this policy are:

Organizational structure designed to ensure efficiency, effectiveness and affordability and aligned to deliver the mandate.

Relative value of work determined in a consistent manner across the organisation.

Organization has the capacity to attract and retain qualified and experienced executives.

Compensation, performance and management of executives issues managed in an equitable, consistent, transparent manner in accordance with this policy.

Executives informed through the establishment of performance agreements of what is expected of them and their performance managed to achieve the organizational mandate.


6. Policy Requirements

6.1 Correctional Investigator (responsibility)

As applicable, the Correctional Investigator is responsible for:

Determining the OCI's organizational structure and executive resourcing requirements through ongoing human resources planning,

Managing organizational design issues and the classification program for the EX Group,

Ensuring the equitable review and consistency in the assessment of executive performance across the organization,

Informing executives of this policy, and

Providing adequate governance processes, strategies, expertise and capacity for the implementation of this policy.  

6.2 Correctional Investigator (authority)

As applicable, in accordance with Appendix A (Application Table), the Correctional Investigator personally authorizes and cannot sub-delegate the following:

Classification of executive positions except for administrative classification actions that have no impact on the evaluation of the position or do not change its reporting relationship,

Special deployments for executives,

Increases in salary beyond five (5) percent upon appointment/acting appointment,

Lump sum payments upon appointment,

Lump sum payments upon appointment from outside the public service that are payable at the beginning of the executive's second year and based upon successful completion of agreed-upon commitments,

Accumulation of vacation leave credits at the same rate as the executive had prior to joining the OCI

Use of the 130 days sick leave credits for special circumstances,

Exceptional leave with pay that exceeds five (5) accumulated days per year,

Special leave without pay,

Education leave, with or without an allowance,

Increases in salary up to 10% of the salary maximum for non-executives acting in executive positions,

That duties of an executive's second position for which salary comes from the Consolidated Revenue Fund does not impair an executive's effectiveness in his/her regular position, and

Performance awards for executives.

6.3 Monitoring and reporting requirements

6.3.1 Within the OCI

Consistent with the policy requirements above, the Correctional Investigator is responsible for monitoring adherence to this policy within the organization.

6.3.2 By the OCI

6.3.2.1 All parliamentary reporting required for the Estimates and Departmental Performance Reports (DPR), and any other reporting requirements, as required by legislation.

6.3.2.2 In addition to the above, through its service provider, the OCI will:

Enter classification decision data in the Position Classification Information System (PCIS) as soon as classification decisions are authorized.

6.3.2.4 All the above information and its analysis can be included in the Management Accountability Framework (MAF) process.


7. Consequences

7.1 Organizational performance with respect to this policy contributes to the overall assessment in the Management Accountability Framework (MAF) exercise.


8. References

8.1 Other relevant legislation and regulations:

Canadian Human Rights Act
Public Service Employment Act
Public Service Employment Regulations
Public Service Labour Relations Act
Public Service Superannuation Act
Employment Equity Act
Official Languages Act
Government Employees Compensation Act
Public Service Rearrangement and Transfer of Duties Act

8.2 Related policies and publications:

Classification System and Delegation of Authority Policy
Management Category - Position Description Writing Manual
Policy on Interchange Canada


9. Enquiries

9.1 Please direct enquiries about this policy to the Director, Corporate Services and Planning at 613-990-2692.


Appendix B - Salary Elements of Executive Compensation

In its guiding principles, objectives, and requirements, this OCI Policy on the Management of Executives reflects, but is not identical to, the Treasury Board's Policy for the Management of Executives in the core public administration.

As a separate employer, the OCI chooses to adhere to the elements in this Appendix for the benefit of its executive cadre. Details for each element in the table of contents can be found at the TBS web site link below.

Contents

1. Application
2  Salary Entitlements
3. Revisions
4. Payment of Retroactive Revisions
5. Salary on Appointment
6. Salary Protection
7. Salary Maintenance
8. Executives acting in higher level executive positions
9. Executives acting in non-executive positions
10. Non-Executives acting in executive positions

Directive on Executive Compensation


Appendix C - Non-Salary Elements of Executive Compensation

In its guiding principles, objectives, and requirements, this OCI Policy on the Management of Executives reflects, but is not identical to, the Treasury Board's Policy for the Management of Executives in the core public administration.

As a separate employer, the OCI chooses to adhere to the elements in this Appendix for the benefit of its executive cadre. Details for each element in the table of contents can be found at the TBS web site link below.

Contents

1. Application
2. Hours of Work
3. Statutory Holidays
4. Personal Leave
5. Vacation Leave
6. Sick Leave with Pay
7. Family Related Responsibilities
8. Care of Family Leave (mandatory)
9. Court Leave (mandatory)
10. Exceptional Leave with Pay (discretionary)
11. Bereavement Leave (mandatory)
12. Special Leave without Pay (discretionary)
13. Education Leave (discretionary)
14. Relocation of Spouse or Common-Law Partner (mandatory)
15. Severance Benefits
16. Parking (See OCI Parking Policy for members of SMC)
17. Additional Benefits

Directive on Executive Compensation


Appendix D - Elements of Compensation for Executives Employed as Casual Workers

In its guiding principles, objectives, and requirements, this OCI Policy on the Management of Executives reflects, but is not identical to, the Treasury Board's Policy for the Management of Executives in the core public administration.

As a separate employer, the OCI chooses to adhere to the elements in this Appendix for the benefit of its executive cadre. Details for each element in the table of contents can be found at the TBS web site link below.

Contents

1. Application
2. Hours of Work
3. Statutory Holidays
4. Vacation Leave
5. Sick Leave
6. Court Leave
7. Bereavement Leave
8  Non-Applicable Elements

Directive on Executive Compensation


Appendix E - Special Deployment for Executives

In its guiding principles, objectives, and requirements, this OCI Policy on the Management of Executives reflects, but is not identical to, the Treasury Board's Policy for the Management of Executives in the core public administration.

As a separate employer, the OCI chooses to adhere to the elements in this Appendix for the benefit of its executive cadre. Details for each element in the table of contents can be found at the TBS web site link below.

Contents

1. Application
2. Context
3. Authorization
4. Consent to Special Deployment
5. Special Deployment Situations
6. Special Deployment Duration
7. Conclusion of Special Deployment Assignment
8. Letter of Offer
9. Modifications and Interruptions
10. Organizational Special Deployment Quotas
11. Performance Management Program (PMP)
12. Use of Assistant Correctional Investigator (ADM) Titles
13. Language Requirements
14. Monitoring and Reporting

Directive on Executive Compensation