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Line 8: − + − + − + − ---- − + − + − + − + − + − The PSC Guide specifies that these decisions must be informed by an environmental scan that includes a workforce analysis, a skills‑gap analysis, and an examination of representation rates for designated Employment Equity groups in the affected area.+ − + − Because Step 1 establishes the foundation for everything that follows, early misinterpretations—especially concerning representation and labour‑market context—create distortions that later equity controls cannot fully correct.+ − ---- − + − + − + − + − + − + − A range of corporate support functions must contribute formally and provide documented input. These include HR Workforce Planning, HR Analytics, Employment Equity and Diversity and Inclusion units, Accessibility and Duty‑to‑Accommodate specialists, Official Languages advisors, Classification advisors, and Finance or Corporate Planning. Each function plays a specific role in ensuring the decision is evidence‑based, compliant, and well‑documented.+ − ---- − + − + − === '''3.1 Future State Rationale''' ===+ − The organization must describe the programs or services that will be discontinued, reduced, or restructured; identify the authority for the change (such as a Departmental Plan, Treasury Board decision, budget reduction, or mandate shift); specify the number of positions required in the future structure; and include an organizational chart of the future state. − === '''3.2 Workforce Snapshot''' ===+ − The current-state overview must identify the total number of indeterminate employees in the affected area, describe their group‑and‑level distribution, show their geographic locations and official‑language profiles, and outline the representation rates for women, Indigenous peoples, persons with disabilities, and members of visible minorities. − === '''3.3 Comparison Benchmarks''' ===+ − The record must list the departmental representation baseline, the official Workforce Availability (WFA) values used for comparison, the census year from which those values are drawn, and the definitions used for each designated group. − === '''3.4 Skills Gap Analysis''' ===+ − The analysis must identify the skills required in the future state, outline the skills currently present, describe the gaps between them, and indicate the evidence source for each identified gap. − === '''3.5 Risk and Mitigation Record''' ===+ − The record must also include an assessment of representation impacts, any availability‑sensitivity modelling completed, the justification for language requirements, a forecast of potential barriers, and confirmation that the required approvals have been obtained. − ---- − + − + − === '''4.1 Resulting Risks''' ===+ − − === '''4.2 Compliance Context''' ===+ − The Employment Equity Act requires representation goals to reflect labour‑market availability. When availability benchmarks are outdated, relying solely on them can distort the interpretation of representation levels. − ---- − + − Although WFA remains the statutory benchmark, Step 1 must incorporate supplementary analysis to ensure accurate and equitable decision‑making.+ − === '''5.1 Census Currency Disclosure''' ===+ − The Step 1 record must indicate the census year used, explain the time gap between census data and current workforce data, clarify whether definitions changed between census cycles, and confirm whether internal denominators align with census data. HR Analytics is responsible for this documentation. − === '''5.2 Dual Benchmark Requirement''' ===+ − Before concluding that any group is overrepresented, representation must be tested against both official WFA and a growth‑adjusted sensitivity benchmark, with any discrepancies clearly documented. − === '''5.3 Growth‑Adjusted Sensitivity Formula''' ===+ − Adjusted availability must be calculated by adding the difference between recent Labour Force Survey proportions and census proportions to the official WFA. For example, if visible‑minority WFA is 24 percent and the Labour Force Survey indicates 30 percent availability, the sensitivity benchmark becomes 30 percent and is used for modelling rather than statutory reporting. − === '''5.4 Attainment Ratio Analysis''' ===+ − Organizations must calculate both the attainment ratio (internal representation divided by official WFA) and the sensitivity ratio (internal representation divided by adjusted availability). When the attainment ratio suggests overrepresentation but the sensitivity ratio suggests underrepresentation, the representation risk must be documented. − === '''5.5 Future‑State Projection''' ===+ − Projected representation must be calculated using the formula for future-state representation, and the results compared to both official and adjusted availability benchmarks. If the projection falls below either benchmark, mitigation must be considered. − + − When the difference between Labour Force Survey availability and official WFA exceeds three to five percentage points, heightened caution must be applied before concluding that a group is overrepresented.+ − ---- − == '''6. Equity Risk Areas at Step 1''' ==+ − === '''6.1 Continuing Work Definition''' ===+ − When continuing work is defined using pathways historically available to some groups more than others, such definitions can disproportionately eliminate work performed by Indigenous employees, racialized employees, persons with disabilities, or employees recruited through targeted strategies. To mitigate this, organizations must document the operational necessity of each retained or eliminated function, the evidence supporting that necessity, the demographic concentration in those functions, and the rationale for eliminating any function disproportionately held by EE group members. − === '''6.2 Opportunity Proxy Risk''' ===+ − Proxies such as acting experience, central‑agency experience, or executive‑level briefing exposure reflect unequal access to opportunity. These proxies must be replaced with competency‑based descriptions directly tied to the duties. − + − Urban regions often have higher visible‑minority representation. Consolidation decisions must therefore be assessed for potential disproportionate demographic impact. HR Analytics must conduct this modelling before decisions are finalized.+ − + − Language profiles must reflect real duties rather than serve as indirect mechanisms to reduce headcount. The Official Languages function must confirm that language requirements are objective and defensible.+ − ---- − + − Accessibility and DEI teams must assess potential barriers that may emerge from organizational changes. This includes determining whether remote‑work reductions may affect accommodated employees, whether consolidation disproportionately affects Indigenous or northern employees, or whether technology changes may impact employees requiring adaptive tools. Required mitigation measures must be documented.+ − ---- − + − When representation falls below adjusted availability, departmental benchmarks, or occupational availability, the organization must explain why its decisions will not deepen underrepresentation. This requirement enables structural awareness without imposing quotas.+ − + − The Step 1 file must contain official WFA benchmarks, census‑year disclosures, sensitivity‑modelling results, representation projections, explanations of discrepancies, functional justification tables, skills‑neutrality reviews, language‑profile justifications, and barrier forecasts. The Employment Equity function must provide a written validation confirming that representation risks were reviewed. The delegated manager must certify that future‑state decisions were informed by workforce analysis, representation benchmarking, availability‑sensitivity modelling, and documented mitigation actions. − ---- − + − Every subsequent step of SERLO depends on the decisions made in Step 1. How continuing work is defined, how many positions are retained, and what skills are considered essential—all of these decisions shape the SERLO process. If Step 1 relies on outdated availability measures or lacks sensitivity modelling, the process may comply with procedural requirements while entrenching structural inequities.+ + + − Understood — you want to '''keep the exact structure, headings, and bullets''', but '''add clarifying sentences so each bullet becomes a complete, readable idea''', just like the Step 1 rewrite I did earlier.+ − Here is '''STEP 2 rewritten in the same style''', with '''all original bullets preserved''', but '''each one expanded into full, clear sentences'''. Nothing has been removed or altered for meaning.+ − ---- − = '''STEP 2 — Determine the Affected Part(s) of the Organization''' =+ − === ''(Bullets preserved, rewritten into clear sentences with headings)'' ===+ − ---- − + + − === '''Why this step exists''' ===+ − Under '''PSEA s.64(1)''', employees may be laid off when their services are no longer required due to a lack of work, the discontinuance of a function, or the transfer of work. This establishes the legal authority for identifying areas of the organization where work is ending or significantly changing. − Under '''PSEA s.64(2)''', when only some employees in any part of the organization may be laid off, the employer must apply the SERLO process as outlined in the '''Public Service Employment Regulations (PSER)'''. This requirement ensures fairness, consistency, and transparency for all employees who may be affected.+ − The '''PSC Guide (Step 2)''' further requires delegated managers, supported by HR specialists, to first determine the affected part(s) of the organization and to document specific scope elements. This ensures the SERLO begins with a clearly defined and defensible boundary.+ + − Additionally, '''WFAD obligations''' depend on the number of affected employees in the same group and level within the same work unit. Because voluntary departure programs and other WFA supports are triggered by these counts, Step 2 directly shapes which obligations apply.+ − === '''Official Guidance (Primary Reference)''' ===+ − The authoritative reference for this step is the Public Service Commission’s guide, ''Selection of employees for retention or lay-off: Guide for managers and human resources specialists (Step 2)'', which provides the operational requirements for determining affected organizational parts. − ---- − = '''1. What This Step Is''' =+ − == '''1.1 Purpose of Step 2''' ==+ − Step 2 formally defines the ''“affected part(s) of the organization”'' for the workforce adjustment and for any subsequent SERLO. Doing so establishes the scope boundary that determines fairness, comparability, and consistency for all employees included in the SERLO. The scope also determines how WFAD obligations apply and ensures the same rules and supports are applied equally to all employees in the affected area. − == '''1.2 What the Scope Determines''' ==+ − The scope identifies which organizational units—such as work units, sections, divisions, or directorates—are affected. It also clarifies whether the impacted area is local, regional, or national in nature. Finally, the scope identifies which programs or types of work fall within the identified area. These decisions directly determine which positions and employees will later be included in the SERLO pool. − + − The PSC Guide requires delegated managers, with HR support, to identify the specific sections, divisions, or directorates that make up the affected part(s). They must also identify the applicable geographic area—local, regional, or national—and must specify the program(s) or type(s) of work performed in each affected part. These requirements ensure the scope reflects the work itself rather than the individuals occupying positions.+ − + − The decisions made in Step 2 determine who is placed at risk. When scope is defined too narrowly, inconsistently, or around incumbents rather than the work performed, it may create avoidable inequity and may disproportionately affect Employment Equity groups. For this reason, Step 2 is one of the most sensitive SERLO steps from an equity perspective.+ − ---- − = '''2. Who Completes This Step''' =+ − == '''2.1 Accountable Decision-Maker''' ==+ − The delegated manager, acting under delegated staffing authority, is responsible for making the final determination of the affected part(s) of the organization. − == '''2.2 Required Organizational Support''' ==+ − A designated HR specialist—typically with expertise in workforce adjustment, staffing, classification, and documentation—must support the delegated manager in validating and recording the scope. − == '''2.3 Mandatory Equity and Compliance Engagement''' ==+ − Several functional areas must be engaged to ensure the resulting record is complete and defensible. These include Employment Equity or IDEAA/Anti‑Racism, HR Analytics, Accessibility and Duty‑to‑Accommodate specialists, Official Languages advisors, Labour Relations, Corporate Planning or Finance, and Classification. Each function contributes evidence, risk assessments, or compliance validations needed to confirm that the scope is fair and legally sound. − ---- − + − A '''Step 2 Scope Determination Record''' must be created and preserved in the SERLO file. It must be sufficiently clear that an independent reviewer can understand the rationale and logic behind the defined scope.+ − − == '''A. Scope Definition (PSC Minimum Requirements)''' == − − === '''1. Organizational Unit Definition''' === − The record must identify the affected organizational units, including the specific sections, divisions, or directorates involved. This step ensures clarity about which work functions fall under the SERLO. − − === '''2. Geographic Boundary''' === − The record must state whether the affected scope is local, regional, or national. This clarifies whether the same type of work is performed in multiple geographic areas and ensures boundaries are not defined arbitrarily. − − === '''3. Work Boundary''' === − The record must specify the programs or types of work performed in each affected part. This helps establish a work‑based rationale rather than a person‑based boundary. − + − The rationale must explain why the selected scope accurately reflects the work being reduced, discontinued, or transferred. It must also explain why the scope is neither broader nor narrower than necessary. The record must document whether similar work exists in other organizational units and why such work is included or excluded, as required by the PSC. Finally, the rationale must show alignment with decisions documented in the Step 1 Future State Record. − ---- − + − The record must include or reference the current organizational chart, the future‑state organizational chart, and a list of the included work units (for example, “Software Development” or “Client Services”). For each unit, the record should provide a short description of the type of work conducted.+ − ---- − + − An equity analysis must accompany the scope determination. This analysis includes a representation snapshot for the proposed scope and comparisons to the departmental baseline, the official WFA benchmark, and the Step 1 sensitivity benchmark. The record must also indicate whether the scope concentrates risk in units where EE group representation is significantly higher.+ − ---- − == '''E. Scope Change Control''' ==+ − If the defined scope changes at any later stage, the file must document what changed, why it changed, who approved the change, how employees and bargaining agents were informed, and the results of an updated equity impact assessment. This ensures transparency and prevents scope manipulation. − ---- − = '''4. What Can Go Wrong at Step 2 (Equity Risks)''' =+ − − For example, if the affected part is defined as a single team with higher EE representation while similar work exists elsewhere, the result may be inequitable.+ + − + − If two units perform the same duties but only one is included, employees may experience unequal treatment, leading to challenges.+ + − + − Defining a local scope when the work is performed nationally may disproportionately affect Indigenous employees, visible minorities, or persons with disabilities.+ + − + − Scope can be misdrawn to avoid voluntary departure program requirements or to limit employee access to WFAD supports.+ − + − Using outdated availability benchmarks can inaccurately suggest overrepresentation and justify a narrower scope.+ − ----+ − + + − == '''Mitigation Package 1 — Work-Based Scope Test (Mandatory)''' ==+ − '''Owner:''' HR Specialist (process), Delegated Manager (accountable), Classification (support) − The record must include a clear statement linking the scope to the work performed, the evidence supporting that linkage (such as business plans or approved reorganization documents), and a documented check confirming whether similar work exists elsewhere. The auditor must be able to confirm the scope is based on work—not on employees.+ − ---- − == '''Mitigation Package 2 — Scope Equity Impact Assessment (Mandatory)''' ==+ − '''Owner:''' HR Analytics + Employment Equity − The analysis must include a representation snapshot, a scope concentration test, and the application of Step 1 WFA sensitivity rules. The record must include the results, a plain‑language risk statement, and a statement regarding any mitigation decisions.+ − ---- − == '''Mitigation Package 3 — Geographic Boundary Fairness Controls''' ==+ − − Documentation must explain why a broader boundary is not appropriate, show regional representation distributions, describe any forecasted barriers related to communication or accommodation, and outline how consistent access to information will be ensured across locations.+ − ----+ − + − '''Owner:''' Labour Relations + HR WFA Advisor+ − The record must include the number of affected employees by group and level, a statement indicating whether a voluntary departure program may be required, and a confirmation that scope boundaries were not selected to avoid WFAD obligations.+ + − + − '''Owner:''' Delegated Manager − Written confirmation from HR, Employment Equity, Accessibility, and Labour Relations must be collected to demonstrate that the scope meets PSC requirements, aligns with Step 1, and has undergone appropriate review.+ − ----+ − + − Step 2 is complete only when the SERLO file includes a full Scope Determination Record covering organizational units, geography, and work boundaries; a written rationale linked to Step 1; verification of whether similar work exists elsewhere; a representation snapshot and concentration analysis; consideration of WFA currency and sensitivity benchmarks; WFAD trigger analysis; and all necessary sign‑offs.+ − If any of these components are missing, Step 3 begins with a structurally weak foundation, elevating risks related to procedural fairness and equity impacts.+ − ----+ + − = '''STEP 3 — Identify the Positions and the Affected Employees''' =+ − ''(Comprehensive Version with Equity and Compliance Controls — bullets rewritten as sentences)'' − ---- − == '''Legislative and Policy Framework''' ==+ − The legal and policy basis for Step 3 includes '''PSEA sections 64 and 65''', '''PSER section 22''', and the PSC’s ''Selection of Employees for Retention or Lay‑Off'' Guide. This step must also align with the '''Workforce Adjustment Directive (WFAD)''', the '''Employment Equity Act''', the '''Accessible Canada Act''', and the '''Official Languages Act'''. − '''Primary operational reference:''' Public Service Commission — ''Selection of employees for retention or lay‑off: Guide for managers and human resources specialists.''+ − ----+ − − − Step 3 identifies the '''specific positions''' within the affected part that may be reduced, the '''indeterminate employees''' who substantively occupy those positions, and the '''SERLO pool(s)''' of employees who must be compared during selection. At this point, the abstract “affected part” becomes a '''concrete group‑and‑level pool''' with named incumbents. − − === '''PSC Requirements''' === − According to the PSC Guide, the SERLO pool '''must include only indeterminate employees''' who occupy positions on a '''substantive''' basis. Employees who are '''temporarily absent'''—for example on leave, assignment, secondment, or Interchange Canada—'''must still be included''' if they substantively hold a position in the affected part. By contrast, '''term employees, casual workers, students, and temporary help''' are '''not included''' in a SERLO conducted under the PSER. − − === '''Structural Importance''' === − Because Step 3 defines '''who''' will be compared, errors here will distort the '''entire SERLO''' process. A flawed pool definition introduces '''structural inequity''' that downstream steps (Steps 4–14) '''cannot''' correct. − ---- − − = '''2. What Must Be Identified''' = − The delegated manager must complete this step with '''HR specialist support''' to ensure accuracy and compliance. − − == '''A. Positions''' == − For each affected part, the organization must identify '''all positions at the same occupational group and level'''; it must determine '''which positions perform similar duties'''; and it must confirm that identified positions '''align to the continuing or reduced work''' articulated in Step 1. The PSC clarifies that '''generic job descriptions do not, by themselves, establish similarity'''; rather, '''objective evidence''' of similar duties is required. − − == '''B. Employees''' == − The pool must include '''all indeterminate employees''' who substantively occupy the identified positions, including '''employees on leave''' (such as parental, medical, disability, or Indigenous cultural leave), '''employees acting elsewhere but whose substantive position is in scope''', and '''employees on Interchange Canada or secondment''' whose '''substantive''' position is in scope. The pool '''must exclude''' '''term employees, casual workers, students, and temporary help''' because these categories are '''not''' part of SERLO under the PSER. − ---- − − = '''3. Required Actors''' = − − == '''Accountable''' == − The '''Delegated Manager''' is accountable for the accuracy and defensibility of the pool. − − == '''Mandatory Support''' == − The process requires support from an '''HR Staffing Advisor'''; a '''Classification''' advisor; '''HR Systems / Pay and Position Data''' specialists; '''Labour Relations'''; '''Employment Equity'''; and '''Accessibility''' advisors to ensure data accuracy, compliance, and barrier‑free process access. − ---- − − = '''4. Mandatory Documentation — Step 3 File Requirements''' = − The SERLO file '''must''' contain the following records. − − == '''A. Position Identification Record''' == − For each position in scope, the record must state the '''position number''', '''group and level''', '''location''', '''language profile''', and '''reporting relationship''', along with the '''current incumbent''' and whether the position is '''encumbered or vacant'''. − − == '''B. Duty Similarity Analysis''' == − For each position considered part of the pool, the analysis must describe the '''core duties''', provide a '''comparison''' with other positions at the '''same group and level''', and articulate a '''rationale''' for '''inclusion or exclusion'''. This analysis '''cannot''' rely solely on job titles; it must reference the '''actual work performed'''. − − == '''C. Employee Inclusion Log''' == − For each indeterminate employee substantively occupying a position, the log must record the '''employee’s name''', the '''substantive position number''', the '''current status''' (for example, on leave, acting, or on assignment), the '''confirmation of inclusion''' in the pool, and the '''date and method''' used to '''notify''' the employee. − − == '''D. On‑Leave Inclusion Log''' == − The file must separately track '''employees on leave''' by documenting the '''type of leave''', the '''confirmation of contact''', and the '''confirmation that accommodations and access to information''' were provided on an equal basis. − ---- − − = '''5. Equity Risks at Step 3''' = − '''Risk 1 — Inconsistent Interpretation of “Similar Duties.”''' A narrow or uneven application of “similar duties” may isolate teams with '''high EE representation''' or those with '''regional or outreach‑focused functions''', thereby creating disproportionate risk. − − '''Risk 2 — Exclusion of Employees on Leave.''' Employees on '''parental, disability, long‑term medical, or Indigenous cultural leave''' may be disadvantaged if communication is '''delayed or incomplete'''. − − '''Risk 3 — Language or Location Data Errors.''' Incorrect official‑language profiles or location entries may '''place employees in the wrong pool''' or '''exclude''' them improperly. − + − + − ---- − + + − == '''Mitigation 1 — Objective Duty Similarity Test''' ==+ − '''Owner:''' HR Staffing + Delegated Manager − The organization must '''compare duties''' using official work descriptions and '''task inventories''', '''identify core functions''', '''identify material operational differences''', and '''document the grouping rationale''' so that inclusion and exclusion decisions are transparent and auditable.+ − == '''Mitigation 2 — Cross‑Unit Similar Work Check''' ==+ − '''Owner:''' HR Staffing − The record must confirm whether '''similar work exists elsewhere''' in the affected part and must provide a '''clear rationale''' for either '''including''' or '''excluding''' that work from the pool.+ + − + − + − For '''each position''', the organization must validate the '''substantive incumbent''', '''tenure''', '''group and level''', '''language profile''', '''location''', and '''reporting structure''' to eliminate data errors '''before''' finalizing the pool.+ − == '''Mitigation 4 — Leave Equity Control''' ==+ − − The file must show that '''all substantive incumbents on leave are included''', that '''communication was timely''', and that any '''accessibility needs''' were addressed to provide equal process access.+ − == '''Mitigation 5 — Representation Pool Snapshot''' ==+ − '''Owner:''' HR Analytics + Employment Equity − For '''each pool''', the organization must '''calculate representation rates''', '''compare''' them to '''Step 1 projections''', and '''compare''' them to '''WFA and the sensitivity benchmark''', documenting any '''disproportionate impact''' identified.+ − + − + − The organization must ensure that '''acting incumbents are not treated as substantive''' and that '''substantive incumbents''' are '''included''' even when they are '''temporarily acting elsewhere'''.+ − ----+ − + − A '''Similar Duties Matrix''' must be included in the file. This matrix lists, for each position, the '''position number''', the '''group and level''', the '''core duties''', any '''unique duties''', whether the position is '''included in the pool (Y/N)''', and the '''rationale''' for the inclusion or exclusion. This matrix provides '''transparency''' and '''auditability''' for grouping decisions.+ − − = '''8. Governance Sign‑Off''' = − Before Step 4 can begin, the file must contain the '''complete list of positions''', the '''documented rationale''' for the pool structure, the '''employee inclusion log''', the '''on‑leave inclusion log''', '''validated position and incumbent data''', and the '''representation snapshot'''. The file must also include '''delegated manager approval''', '''HR specialist confirmation''', and '''Employment Equity validation''' to confirm compliance and equity oversight. − ---- − − = '''9. Structural Importance of Step 3''' = − Step 3 determines '''who''' will be compared for retention. If pools are '''too narrow''', if '''similar work is excluded''', if '''leave cases are mishandled''', or if '''data errors''' are left uncorrected, '''procedural fairness''' is compromised and downstream equity safeguards '''cannot''' repair the error. Equitable SERLO requires '''structural neutrality''' at the pool‑definition stage. − ---- − − = '''STEP 4 — Notify TBS OCHRO, Bargaining Agents, and Employees''' = − ''(Comprehensive Version with Compliance and Equity Controls — bullets rewritten for clarity)'' − ---- − − == '''Legislative and Policy Framework''' == − Step 4 is guided by several legislative instruments, including '''sections 64–65 of the Public Service Employment Act (PSEA)''', '''sections 21 and 22 of the Public Service Employment Regulations (PSER)''', and the PSC’s ''Selection of Employees for Retention or Lay‑Off: Guide for Managers and HR Specialists''. It must also comply with the '''Workforce Adjustment Directive (WFAD)''' and the applicable collective agreement WFA appendices. Furthermore, all communications must respect the '''Official Languages Act''' and be accessible in accordance with the '''Accessible Canada Act'''. − − '''Primary operational reference:''' PSC — ''Selection of employees for retention or lay‑off: Guide for managers and human resources specialists.'' − ---- − − = '''1. What This Step Is''' = − Step 4 is the formal notification and consultation phase that takes place after Step 2 (scope definition) and Step 3 (identification of positions and employees), and '''before''' the assessment phase begins. − − This step ensures that the organization meets its obligations to notify central agencies, consult with bargaining agents, and communicate with affected employees in a timely and equitable manner. Importantly, Step 4 does '''not''' involve issuing lay‑off notices; those occur later in Step 13. Instead, Step 4 provides advance notification that a workforce adjustment situation exists and that a SERLO process will be used. − − === '''PSC Requirements''' === − Organizations must '''advise and consult''' bargaining agents as early as possible. They must also notify '''TBS OCHRO''', in confidence and in writing, at least '''four working days before''' any workforce‑adjustment announcement that may trigger WFAD thresholds. For executives, organizations must coordinate with the '''TBS OCHRO Leadership Policies Division'''. Completing these requirements ensures transparency, procedural fairness, and employee access to rights under WFAD. − ---- − − = '''2. Required Actors''' = − − == '''Accountable''' == − The '''Delegated Manager''' is accountable for ensuring that Step 4 requirements are met. − − == '''Mandatory Support''' == − The process requires support from '''Labour Relations''', the '''HR Workforce Adjustment (WFA) Advisor''', the '''HR Staffing Advisor''', '''Corporate Communications''', '''Employment Equity''' (to monitor the equity implications of communication), '''Accessibility''' advisors (to ensure accessible formats and accommodations), and the '''Official Languages''' function. − − == '''Executive‑Specific Support''' == − For processes affecting executives, the '''TBS OCHRO Leadership Policies Division liaison''' must be engaged. − ---- − − = '''3. Mandatory Notifications''' = − − == '''A. Notification to TBS OCHRO''' == − A notification to TBS OCHRO is required when workforce adjustment thresholds may be triggered. This notification must be '''in writing''', must be treated '''in confidence''', must be completed '''no fewer than four working days''' before any public announcement, and must be sent early enough to allow for central oversight. − − == '''B. Notification and Consultation with Bargaining Agents''' == − Organizations must notify bargaining agents as soon as possible, provide them with the names and work locations of affected employees, and maintain ongoing consultation throughout the process. This consultation is mandatory under collective agreements and WFAD. − − == '''C. Notification to Employees''' == − Employees must receive clear communication indicating that their part of the organization is affected, that a SERLO may occur, what timelines apply, and what rights and supports are available under WFAD. This is '''not''' an individual lay‑off notice; it is an organizational notification. − ---- − − = '''4. Mandatory Documentation — Step 4 File Requirements''' = − − == '''A. TBS OCHRO Notification Record''' == − The file must include the date the notification was sent, the method of transmission, confirmation of receipt, and a copy of the written notification. − − == '''B. Bargaining Agent Consultation Log''' == − The consultation log must document the date of the initial notification, the names of representatives consulted, the information provided, the questions raised along with the responses given, and the planned schedule for ongoing consultation. − − == '''C. Employee Notification Package''' == − The package must contain a clear announcement of which part of the organization is affected, an explanation that a SERLO may occur, an overview of next steps, information on WFA rights and supports, contact details for HR, WFA advisors, and union representatives, and '''fully bilingual versions'''. − − == '''D. Distribution Log''' == − The log must track every employee who was notified, the date and method of communication used, a separate record for employees on leave, and confirmation that alternate formats were available. − ---- − − = '''5. Equity Risks at Step 4''' = − '''Risk 1 — Employees on Leave Not Properly Notified.''' − − If employees on parental leave, disability leave, Indigenous cultural leave, long‑term medical leave, Interchange assignments, or secondment receive delayed notification, they may lose access to information, lose time to consult with unions, or have less time to prepare. − − '''Risk 2 — Inaccessible Communications.''' − − Equity risks arise when notices are not screen‑reader compatible, not available in alternate formats, or issued in only one official language. − − '''Risk 3 — Unequal Timing.''' − − Staggered communication results in unequal access to support and inconsistent readiness among employees. − − '''Risk 4 — Incomplete WFA Information.''' − − When information on voluntary departure, alternation, or recourse mechanisms is missing or unclear, employees make decisions without understanding their rights. − − '''Risk 5 — Disproportionate Psychological Impact.''' − − If the affected population includes a higher proportion of employees from EE groups, poorly executed communication can increase stress, uncertainty, and harm. − ---- − − = '''6. Mandatory and Control‑Based Mitigations''' = − − == '''Mitigation 1 — Single Release Protocol''' == − '''Owner:''' HR Staffing + Labour Relations − − Organizations must send all notifications simultaneously, ensure employees on leave are contacted using confirmed delivery methods such as registered mail or secure electronic communication, and timestamp all releases. − − == '''Mitigation 2 — Leave Inclusion Outreach''' == − '''Owner:''' HR Advisor − − This includes generating a full list of leave cases, confirming each employee’s preferred contact method, documenting outreach attempts and confirmations, and ensuring each employee has equal access to union and WFA resources. − − == '''Mitigation 3 — Accessibility and Official Languages Compliance''' == − '''Owner:''' Accessibility + Official Languages − − Notices must be bilingual, offered in accessible formats, and include clear contact information for requesting accommodations. − − == '''Mitigation 4 — Consultation Documentation Control''' == − '''Owner:''' Labour Relations − − Documentation must demonstrate that consultation occurred, that appropriate information was provided, and that questions from bargaining agents were addressed. − − == '''Mitigation 5 — WFA Rights Information Control''' == − '''Owner:''' HR WFA Advisor − − Notifications must clearly explain WFA options, any applicable voluntary departure program, the alternation process, and available recourse mechanisms. − − == '''Mitigation 6 — Representation Impact Monitoring''' == − '''Owner:''' Employment Equity + HR Analytics − − After notifications are issued, representation patterns in the affected area must be reviewed to identify disproportionate impacts and to brief the delegated manager. − ---- − − = '''7. Executive‑Specific Requirements''' = − For executives, the organization must notify the '''TBS OCHRO Leadership Policies Division''', issue written notice according to executive‑specific WFA directives, and maintain documentation separately. − ---- − − = '''8. Governance Sign‑Off Before Proceeding to Step 5''' = − The SERLO file must include evidence of TBS OCHRO notification, the bargaining agent consultation log, the employee notification package, the distribution log (including for employees on leave), accessibility confirmation, official languages confirmation, representation monitoring records, and the delegated manager’s approval. Without this documentation, moving to Step 5 creates procedural risk. − ---- − − = '''9. Structural Importance of Step 4''' = − Step 4 lays the foundation for transparency in the SERLO process. If notification is inconsistent, if employees on leave are disadvantaged, if communications are inaccessible, or if bargaining agent consultations are incomplete, procedural fairness and employee trust are undermined. − − Step 4 ensures that all affected employees enter the SERLO process with '''equitable access''' to information, representation, supports, and procedural rights.
Detailed Equity Considerations for SERLO / Considérations détaillées en matière d’équité pour le SERLO (view source)
Revision as of 17:54, 16 February 2026
, 16 Februaryno edit summary
== '''Introduction''' ==
==='''Introduction'''===
This evergreen document has been developed collaboratively by Government of Canada Employment Equity (EE) Networks to provide a comprehensive and equity‑informed interpretation of the 14‑step Selection of Employees for Retention or Lay‑Off (SERLO) process established by the Public Service Commission (PSC). Its purpose is to support departments and agencies in carrying out SERLO exercises that meet all legislative and policy requirements while also aligning with best practices in equitable workforce management.
This evergreen document has been developed collaboratively by Government of Canada Employment Equity (EE) Networks to provide a comprehensive and equity‑informed interpretation of the 14‑step Selection of Employees for Retention or Lay‑Off (SERLO) process established by the Public Service Commission (PSC). Its purpose is to support departments and agencies in carrying out SERLO exercises that meet all legislative and policy requirements while also aligning with best practices in equitable workforce management.
This document begins with Step 1—'''Determining the Desired Current and Future State of the Organization'''—because inaccuracies or biases introduced at Step 1 shape the entire SERLO process and cannot be fully corrected later. Each subsequent step follows the same structure: clarifying PSC requirements, highlighting equity risks, and describing practical mitigation controls.
This document begins with Step 1—'''Determining the Desired Current and Future State of the Organization'''—because inaccuracies or biases introduced at Step 1 shape the entire SERLO process and cannot be fully corrected later. Each subsequent step follows the same structure: clarifying PSC requirements, highlighting equity risks, and describing practical mitigation controls.
=== '''STEP 1 — Determine the Desired Current and Future State of the Organization''' ===
== STEP 1 — Determine the Desired Current and Future State of the Organization ==
== '''Legislative and Policy Framework''' ==
==== Legislative and Policy Framework ====
This step is grounded in several legislative and policy instruments, including section 64 of the Public Service Employment Act (PSEA), section 22 of the Public Service Employment Regulations (PSER), the PSC’s ''Selection of Employees for Retention or Lay-Off'' Guide, the Employment Equity Act, the Accessible Canada Act, the Official Languages Act, and the Workforce Adjustment Directive (WFAD). Together, these authorities govern the conditions under which a SERLO can be initiated and shape the obligations that apply to employers during restructuring.
This step is grounded in the '''Public Service Employment Act (PSEA), s.64''', the '''Public Service Employment Regulations (PSER), s.22''', the '''PSC Selection of Employees for Retention or Lay‑Off Guide''', the '''Employment Equity Act''', the '''Accessible Canada Act''', the '''Official Languages Act''', and the '''Workforce Adjustment Directive (WFAD)'''. These instruments collectively set the conditions for initiating SERLO and shape the employer’s obligations during restructuring.
== '''1. What This Step Is''' ==
==== 1. What This Step Is ====
Step 1 establishes the operational basis for initiating a SERLO. It begins when the Deputy Head determines that the services of some, but not all, employees in a defined part of the organization are no longer required because of a lack of work, the discontinuance of a function, or an organizational restructuring authorized under PSEA section 64.
Step 1 establishes the operational basis for initiating a SERLO. It begins when the Deputy Head determines that the services of some, but not all, employees in a defined area are no longer required due to lack of work, a discontinued function, or organizational restructuring under PSEA s.64.
=== '''1.1 Determinations Required Before Any Assessment''' ===
===== '''Determinations required before any assessment.''' =====
Before employees can be assessed, the organization must determine what work will continue and what work will cease or be reduced in the future state. It must also specify which functions will be required, how many indeterminate positions will be needed to perform the ongoing work, and which knowledge, skills, experience, and language requirements will be necessary for those future-state positions.
Before assessing employees, the organization determines what work will continue or cease/reduce, which functions are required in the future state, how many indeterminate positions are needed to perform ongoing work, and what knowledge, skills, experience, and language requirements will exist.
=== '''1.2 Environmental Scan Requirements''' ===
===== '''Environmental scan requirements.''' =====
Decisions are informed by a workforce analysis, a skills‑gap analysis, and a review of representation rates for designated EE groups in the affected area.
=== '''1.3 Structural Foundation Reminder''' ===
===== '''Structural foundation reminder.''' =====
Early misinterpretations—particularly around representation and labour‑market context—create distortions that later equity controls cannot fully correct.
== '''2. Required Actors''' ==
==== 2. Required Actors ====
=== '''2.1 Accountable Authority''' ===
===== '''Accountable authority.''' =====
The Deputy Head serves as the accountable authority for initiating SERLO under PSEA section 64.
The Deputy Head is accountable for initiating SERLO under PSEA s.64.
=== '''2.2 Operational Lead''' ===
===== '''Operational lead.''' =====
A delegated manager, operating under sub‑delegated staffing authority, leads the SERLO at the operational level.
A delegated manager with sub‑delegated staffing authority leads operational execution.
=== '''2.3 Required Support Functions''' ===
===== '''Required support functions.''' =====
HR Workforce Planning, HR Analytics, Employment Equity/Diversity & Inclusion, Accessibility/Duty to Accommodate, Official Languages, Classification, and Finance/Corporate Planning must provide documented inputs to ensure the decision is evidence‑based and compliant.
== '''3. Mandatory Documentation — Step 1 Decision Record''' ==
== 3. Mandatory Documentation — Step 1 Decision Record ==
A formal Step 1 Decision Record must be created and retained in the SERLO master file. This record must include several components.
A formal Step 1 Decision Record must be created and retained in the SERLO file.
'''3.1 Future‑state rationale.''' Describe the programs/services to be discontinued, reduced, transferred, or restructured; cite the authority (e.g., TB decision, Departmental Plan, budget decision, mandate shift); specify the number of positions in the future state; include the future‑state org chart.
'''3.2 Workforce snapshot.''' Identify total indeterminate employees, group/level distribution, geographic distribution, official‑language profiles, and representation rates for women, Indigenous peoples, persons with disabilities, and members of visible minorities.
'''3.3 Comparison benchmarks.''' Record the departmental representation baseline, official Workforce Availability (WFA) values, the census year used, and the definitions for each EE group.
'''3.4 Skills‑gap analysis.''' Identify the future‑state skills required, the skills currently present, the gaps, and the evidence sources.
'''3.5 Risk and mitigation record.''' Document representation impacts, availability‑sensitivity modelling, language‑profile justification, a barrier forecast, and signed approvals.
== '''4. Structural Risk of Workforce Availability Reliance''' ==
== 4. Structural Risk of Workforce Availability Reliance ==
Official Workforce Availability is derived from census data that is collected every five years, published with delays, sometimes affected by definitional changes, and often unable to capture rapid demographic growth. For visible minority groups in particular, recent labour‑market growth may significantly exceed earlier census benchmarks.
Official WFA is based on census data collected every five years, released with delays, sometimes with definitional changes, and may not reflect rapid demographic growth. For visible minority groups especially, recent labour‑market availability may be higher than census‑based WFA.
'''4.1 Resulting risks.''' Apparent overrepresentation can occur when current availability outpaces census benchmarks; false neutrality can occur when planned reductions look compliant against outdated benchmarks yet entrench underrepresentation in today’s labour market.
Apparent overrepresentation occurs when census-based availability is lower than current labour‑market availability, creating the false impression that representation exceeds expectations. False neutrality occurs when projected reductions appear compliant with census‑based benchmarks but nonetheless entrench underrepresentation compared to today’s labour market.
'''4.2 Compliance context.''' Under the Employment Equity Act, representation goals should reflect labour‑market availability; relying solely on outdated proxies risks distorted analysis.
== '''5. Required Workforce Availability Mitigation Controls''' ==
== 5. Required Workforce‑Availability Mitigation Controls ==
'''5.1 Census currency disclosure.''' Record the census year, the time gap from the current workforce, any definitional changes, and denominator alignment (owned by HR Analytics).
'''5.2 Dual benchmark requirement.''' Compare internal representation to both official WFA and a growth‑adjusted sensitivity benchmark; record discrepancies.
'''5.3 Growth‑adjusted sensitivity formula.''' Adjusted availability equals official WFA plus the (recent LFS proportion minus the census proportion); use for impact modelling, not statutory reporting.
'''5.4 Attainment ratio analysis.''' Calculate the attainment ratio (representation ÷ official WFA) and the sensitivity ratio (representation ÷ adjusted availability); if attainment > 1.0 but sensitivity < 1.0, document representation risk.
'''5.5 Future‑state projection.''' Project future representation and compare to both official and adjusted availability; if below either benchmark, consider mitigation.
'''5.6 External growth differential.''' Exercise heightened caution when LFS availability exceeds WFA by 3–5 percentage points or more.
=== '''5.6 External Growth Differential''' ===
== 6. Equity Risk Areas at Step 1 ==
'''6.1 Continuing‑work definition.''' Avoid defining continuing work via historically advantaged pathways; document operational necessity, evidence sources, demographic concentrations, and rationales for elimination.
'''6.2 Opportunity proxy risk.''' Replace proxies such as acting experience, central‑agency exposure, or executive‑briefing experience with competency‑based criteria tied to duties.
'''6.3 Geographic consolidation risk.''' Model representational impacts of consolidation across regions before finalizing.
'''6.4 Official‑language profile escalation.''' Validate language requirements against actual duties with Official Languages.
=== '''6.3 Geographic Consolidation Risk''' ===
== 7. Barrier Forecast ==
Accessibility and DEI assess potential barriers arising from remote‑work changes, consolidation, and technology changes, and document mitigation measures.
=== '''6.4 Official Language Profile Escalation''' ===
== 8. Representation Floor Review ==
If representation is below adjusted availability, the departmental baseline, or occupational availability, document how reductions will not deepen underrepresentation (this is an awareness control, not a quota).
== '''7. Barrier Forecast''' ==
== 9. Required Sign‑Off Before Proceeding to Step 2 ==
Include WFA benchmarks, census‑year disclosure, sensitivity modelling, future‑state projections, discrepancy explanations, justification tables, skills‑neutrality and language‑objectivity reviews, and a barrier forecast. EE provides written validation of representation‑risk review; the delegated manager certifies that decisions were informed by analysis and documented mitigations.
== '''8. Representation Floor Review''' ==
== 10. Structural Importance of Step 1 ==
Decisions about continuing work, retained positions, and essential skills set the trajectory for the entire SERLO. A Step 1 based on outdated or incomplete availability analysis can be procedurally compliant yet structurally inequitable.
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== '''9. Required Sign‑Off Before Proceeding to Step 2''' ==
= STEP 2 — Determine the Affected Part(s) of the Organization =
== '''10. Structural Importance of Step 1''' ==
== Legislative and Policy Basis ==
Under '''PSEA s.64(1)''', employees may be laid off when services are no longer required due to lack of work, discontinuance of a function, or transfer of work. Under '''PSEA s.64(2)''', when only some employees in any part of the organization may be laid off, the PSER SERLO process must be applied. The '''PSC Guide (Step 2)''' requires delegated managers, with HR support, to determine the affected part(s) and document specific elements. '''WFAD obligations''' depend on counts of affected employees in the same group and level in the same work unit, so Step 2 scope decisions directly shape WFA supports. The primary reference is the PSC’s Step 2 guidance.
== 1. What This Step Is ==
Step 2 defines the “affected part(s)” for workforce adjustment and potential SERLO, creating the scope boundary that governs fairness, comparability, consistency, and how WFAD obligations apply.
'''1.1 Purpose.''' The scope ensures like‑with‑like comparisons and access to consistent supports.
'''1.2 What the scope determines.''' The scope identifies which organizational units are affected (e.g., work unit, section, division, directorate), whether the scope is local, regional, or national, and which programs or types of work are included.
'''1.3 PSC requirements.''' Delegated managers, with HR, must name the affected sections/divisions/directorates, the applicable geography, and the program(s) or types of work in each affected part.
'''1.4 Equity importance.''' Defining scope too narrowly, inconsistently, or around incumbents rather than work produces avoidable inequity and may disproportionately affect EE groups.
== '''Legislative and Policy Basis''' ==
== 2. Who Completes This Step ==
'''Accountable decision‑maker.''' Delegated Manager (with delegated staffing authority).
'''Required support.''' HR Specialist (WFA, staffing, classification, documentation).
'''Mandatory equity/compliance engagement.''' Employment Equity/IDEAA/Anti‑Racism, HR Analytics, Accessibility/Duty to Accommodate, Official Languages, Labour Relations, Corporate Planning/Finance, and Classification.
== 3. Mandatory Outputs and Documentation ==
A '''Step 2 Scope Determination Record''' must be created and preserved.
'''A. Scope definition (PSC minimum).''' Identify the affected organizational units (sections/divisions/directorates), state the geographic boundary (local/regional/national), and specify the program(s)/type(s) of work included.
'''B. Scope rationale.''' Explain why the scope reflects work being reduced/discontinued/transferred, why it is not broader/narrower, whether similar work exists elsewhere and why it is included/excluded, and how it aligns with Step 1.
'''C. Scope map and position linkage.''' Include or reference current and future‑state org charts, a list of included work units, and a brief description of the type of work for each.
'''D. Equity impact summary.''' Include a representation snapshot for the proposed scope, comparisons to departmental baselines and to both official WFA and the Step 1 sensitivity benchmark, and a statement on whether the scope concentrates risk in higher‑representation units.
'''E. Scope change control.''' If scope changes later, record what changed, why, who approved, how employees and bargaining agents were informed, and an updated equity assessment.
== '''1.3 PSC Requirements for Step 2''' ==
== 4. What Can Go Wrong (Equity Risks) ==
'''Scope around incumbents, not work; inconsistent scope across similar work; geographic boundaries causing adverse impact; manipulated scope to alter WFAD triggers; and outdated WFA justifying narrow scope''' are the main risks.
== '''1.4 Why This Step Matters for Equity''' ==
== 5. Mitigations (Specific, Operational, Auditable) ==
'''Work‑based scope test (mandatory).''' Provide a work‑anchored scope statement, an evidence anchor, and a similar‑work check; auditors must see the scope is about work, not people.
'''Scope equity impact assessment (mandatory).''' Produce a representation snapshot, run a scope‑concentration test, and apply Step 1 sensitivity rules; document results, risks, and mitigation decisions.
'''Geographic boundary fairness controls.''' Show why broader scope is not appropriate, check regional distribution, forecast participation/access barriers, and plan for consistent access.
'''WFAD trigger awareness and consistency.''' Document counts by group/level, whether VDP may be required, and affirm the scope was not selected to avoid WFA provisions.
'''Approval and governance sign‑off.''' Obtain written confirmations from HR, EE, Accessibility, and LR.
= '''3. Mandatory Outputs and Documentation''' =
== 6. Minimum “Done” Criteria Before Proceeding to Step 3 ==
The file must include the Scope Determination Record (org unit + geography + work boundary), a written rationale tied to Step 1, verification of similar work elsewhere, a representation snapshot with concentration analysis, WFA currency/sensitivity considerations, WFAD trigger awareness, and all required sign‑offs.
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== '''B. Scope Rationale (Required for Equity and Defensibility)''' ==
= STEP 3 — Identify the Positions and the Affected Employees =
== '''C. Scope Map and Position Linkage''' ==
== Legislative and Policy Framework ==
Step 3 is guided by '''PSEA s.64 and s.65''', '''PSER s.22''', the '''PSC SERLO Guide''', the '''WFAD''', the '''Employment Equity Act''', the '''Accessible Canada Act''', and the '''Official Languages Act'''. The PSC’s SERLO guide is the primary operational reference.
== '''D. Equity Impact Summary (Mandatory Step 2 Control)''' ==
== 1. What This Step Is ==
Step 3 identifies the '''positions''' within the affected part that may be reduced, the '''indeterminate employees''' who substantively occupy those positions, and the '''SERLO pool(s)''' for comparison. At this step, the abstract “affected part” becomes a '''concrete group/level pool''' with named incumbents.
'''PSC requirements.''' Only '''indeterminate employees''' in '''substantive''' positions are included; employees temporarily absent (e.g., leave, assignment, secondment, Interchange) are included if they substantively hold an in‑scope position; term, casual, student, and temporary help are '''not''' included.
'''Structural importance.''' Errors here distort the '''entire''' SERLO; flawed pool construction introduces inequity that later steps cannot fix.
'''Risk 1 — Scope Defined Around Incumbents Rather Than Work'''
== 2. What Must Be Identified ==
'''A. Positions.''' Identify all positions at the same group/level, confirm which perform similar duties, and ensure alignment to continuing or reduced work from Step 1. Generic job descriptions do not automatically establish similarity—'''objective evidence''' does.
'''Risk 2 — Inconsistent Scope Across Similar Work'''
'''B. Employees.''' Include all indeterminate incumbents (including those on leave, acting elsewhere, on Interchange or secondment) whose '''substantive''' position is in scope; exclude term, casual, students, and temporary help.
== 3. Required Actors ==
'''Accountable.''' Delegated Manager.
'''Risk 3 — Geographic Boundary Creates Adverse Impact'''
'''Mandatory support.''' HR Staffing Advisor; Classification; HR Systems/Pay & Position Data; Labour Relations; Employment Equity; Accessibility.
== 4. Mandatory Documentation — Step 3 File Requirements ==
'''A. Position identification record.''' Record position number, group/level, location, language profile, reporting relationship, current incumbent, and status (encumbered/vacant).
'''Risk 4 — Scope Definition Manipulates WFAD Triggers'''
'''B. Duty similarity analysis.''' For each position, describe core duties, compare against other positions at the same group/level, and record the inclusion/exclusion rationale (not based on titles alone).
'''C. Employee inclusion log.''' For each indeterminate employee, record name, substantive position number, current status, confirmation of inclusion, and notification details (date/method).
'''Risk 5 — Outdated WFA Distorts Scope Decisions'''
'''D. On‑leave inclusion log.''' Track employees on leave, type of leave, confirmation of contact, and confirmation that accommodations and access were provided.
== 5. Equity Risks at Step 3 ==
Inconsistent “similar duties” interpretation; exclusion or delayed contact for employees on leave; language/location data errors; acting assignment distortions; and occupational clustering combined with inconsistent grouping all raise equity risks.
= '''5. Mitigations (Specific, Operational, Auditable)''' =
== 6. Mandatory and Control‑Based Mitigations ==
'''Objective duty similarity test (HR Staffing + Delegated Manager).''' Compare duties, identify core functions and material differences, and document rationale.
'''Cross‑unit similar work check (HR Staffing).''' Confirm whether similar work exists elsewhere and record the inclusion/exclusion rationale.
'''Data validation control (HR Systems + Classification).''' Validate substantive incumbent, tenure, group/level, language, location, and reporting structure for each position.
'''Leave equity control (HR Advisor + Accessibility).''' Ensure inclusion, timely communication, and accessible process for all employees on leave.
'''Representation pool snapshot (HR Analytics + EE).''' Calculate representation rates, compare with Step 1 projections and WFA/sensitivity benchmarks, and document any disproportionate impact.
'''Acting assignment clarification (HR Staffing).''' Ensure acting incumbents are '''not''' treated as substantive and that substantive incumbents acting elsewhere are '''included'''.
'''Owner:''' HR Specialist + Employment Equity + Accessibility
== 7. How to Operationalize the Similar Duties Analysis ==
Include a '''Similar Duties Matrix''' capturing position number, group/level, core duties, unique duties, inclusion (Y/N), and rationale to ensure transparency and auditability.
== '''Mitigation Package 4 — WFAD Trigger Awareness and Consistency''' ==
== 8. Governance Sign‑Off ==
Before Step 4, the file must include the complete position list, the rationale for pool structure, the inclusion logs (including leave), validated position/incumbent data, the representation snapshot, delegated manager approval, HR confirmation, and EE validation.
== 9. Structural Importance of Step 3 ==
Because Step 3 determines '''who''' is compared for retention, narrow pools, exclusion of similar work, mishandled leave cases, or data errors compromise fairness and cannot be remediated later.
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== '''Mitigation Package 5 — Approval and Governance Sign-Off''' ==
= STEP 4 — Notify TBS OCHRO, Bargaining Agents, and Employees =
== Legislative and Policy Framework ==
Step 4 is governed by '''PSEA s.64–65''', '''PSER s.21 and s.22''', the '''PSC SERLO Guide''', the '''WFAD''' and relevant collective agreement appendices, the '''Official Languages Act''', and the '''Accessible Canada Act'''. The PSC’s guide is the primary operational reference.
= '''6. Minimum “Done” Criteria Before Proceeding to Step 3''' =
== 1. What This Step Is ==
Step 4 is the formal '''notification and consultation''' phase after Steps 2–3 and before assessment. It ensures required central‑agency notification, structured bargaining‑agent consultation, and timely, equitable communication to employees. This is '''not''' a lay‑off notice (that occurs in Step 13); this is '''advance notification''' of workforce adjustment and SERLO use.
'''PSC requirements.''' Consult bargaining agents as early as possible; notify '''TBS OCHRO''' confidentially and in writing at least '''four working days''' before any announcement likely to meet WFAD thresholds; and coordinate with the '''TBS OCHRO Leadership Policies Division''' for executives.
== 2. Required Actors ==
'''Accountable.''' Delegated Manager.
'''Mandatory support.''' Labour Relations; HR WFA Advisor; HR Staffing Advisor; Corporate Communications; Employment Equity; Accessibility; Official Languages.
'''Executive‑specific support.''' TBS OCHRO Leadership Policies Division liaison.
== 3. Mandatory Notifications ==
'''A. TBS OCHRO.''' Notify in writing, in confidence, at least four working days before a public announcement, and early enough for oversight.
= '''1. What This Step Is''' =
'''Risk 4 — Acting Assignment Distortion.''' Two frequent errors are '''treating acting incumbents as substantive holders''' and '''overlooking substantive incumbents''' who are acting elsewhere.
'''B. Bargaining agents.''' Notify as soon as possible, provide names and work locations of affected employees, and maintain ongoing consultation.
'''Risk 5 — Occupational Clustering.''' If EE groups are clustered in certain occupational streams, '''inconsistent grouping''' or '''inclusion/exclusion of similar work units without rationale''' may increase adverse impact.
'''C. Employees.''' Provide clear information that their area is affected, that SERLO may occur, the timelines involved, and the WFA rights/supports available (organizational notification, not an individual lay‑off notice).
= '''6. Mandatory and Control‑Based Mitigations''' =
== 4. Mandatory Documentation — Step 4 File Requirements ==
'''A. TBS OCHRO record.''' Date sent, transmission method, receipt confirmation, and copy of the notice.
'''B. Bargaining‑agent consultation log.''' Date, representatives, information provided, questions/responses, and schedule for ongoing consultation.
'''C. Employee notification package.''' Announcement of affected part, explanation that SERLO may occur, next steps, WFA rights/supports, contacts (HR/WFA/union), and bilingual versions.
'''D. Distribution log.''' Each employee notified, date/method, separate list for employees on leave, and confirmation that alternate formats were available.
== 5. Equity Risks at Step 4 ==
Late or missing notices to employees on leave; inaccessible or unilingual communications; uneven timing; incomplete information on voluntary departure/alternation/recourse; and disproportionate psychological impact where EE groups are concentrated are key risks.
== '''Mitigation 3 — Data Validation Control''' ==
== 6. Mandatory and Control‑Based Mitigations ==
'''Owner:''' HR Systems + Classification
'''Single release protocol (HR Staffing + LR).''' Send all notifications simultaneously; use confirmed delivery for employees on leave; timestamp releases.
'''Leave inclusion outreach (HR Advisor).''' Maintain a complete leave list, confirm preferred contact methods, document outreach/confirmations, and ensure access to union/WFA resources.
'''Accessibility & OL compliance (Accessibility + OL).''' Ensure bilingual notices, accessible formats, and clear accommodation contacts.
'''Owner:''' HR Advisor + Accessibility
'''Consultation documentation control (LR).''' Record that consultation occurred, information was provided, and questions were addressed.
'''WFA rights information control (HR WFA).''' Include WFA options, voluntary departure (if applicable), alternation process, and recourse mechanisms.
'''Representation monitoring (EE + HR Analytics).''' Review representation patterns post‑notification, flag disproportionate impacts, and brief the delegated manager.
== '''Mitigation 6 — Acting Assignment Clarification''' ==
== 7. Executive‑Specific Requirements ==
'''Owner:''' HR Staffing
For executives, notify the '''TBS OCHRO Leadership Policies Division''', issue notices under executive WFA directives, and keep separate documentation.
== 8. Governance Sign‑Off Before Proceeding to Step 5 ==
Include TBS OCHRO notification evidence, the bargaining‑agent consultation log, the employee notification package, the distribution log (including leave employees), accessibility and official‑languages confirmations, representation monitoring notes, and delegated manager approval.
= '''7. How to Operationalize the Similar Duties Analysis''' =
== 9. Structural Importance of Step 4 ==
Step 4 establishes the transparency foundation for SERLO. Inconsistent notification, disadvantaged leave cases, inaccessible communications, or incomplete consultation undermines procedural fairness and trust. Done correctly, Step 4 ensures equitable access to information, representation, supports, and rights.
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