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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.
 
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.
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==== 1. What This Step Is ====
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==== 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 area are no longer required due to lack of work, a discontinued function, or organizational restructuring under PSEA s.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.
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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.
 
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.
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== 3. Mandatory Documentation — Step 1 Decision Record ==
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==== 3. Mandatory Documentation — Step 1 Decision Record ====
 
A formal Step 1 Decision Record must be created and retained in the SERLO file.
 
A formal Step 1 Decision Record must be created and retained in the SERLO file.
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'''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.
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===== '''Future‑state rationale.''' =====
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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.
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'''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.
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===== '''Workforce snapshot.''' =====
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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.
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'''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.
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===== '''Comparison benchmarks.''' =====
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Record the departmental representation baseline, official Workforce Availability (WFA) values, the census year used, and the definitions for each EE group.
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'''3.4 Skills‑gap analysis.''' Identify the future‑state skills required, the skills currently present, the gaps, and the evidence sources.
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===== '''Skills‑gap analysis.''' =====
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Identify the future‑state skills required, the skills currently present, the gaps, and the evidence sources.
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'''3.5 Risk and mitigation record.''' Document representation impacts, availability‑sensitivity modelling, language‑profile justification, a barrier forecast, and signed approvals.
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===== '''Risk and mitigation record.''' =====
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Document representation impacts, availability‑sensitivity modelling, language‑profile justification, a barrier forecast, and signed approvals.
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== 4. Structural Risk of Workforce Availability Reliance ==
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==== 4. Structural Risk of Workforce Availability Reliance ====
 
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.
 
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.
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'''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.
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===== '''Resulting risks.''' =====
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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.
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'''4.2 Compliance context.''' Under the Employment Equity Act, representation goals should reflect labour‑market availability; relying solely on outdated proxies risks distorted analysis.
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===== '''Compliance context.''' =====
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Under the Employment Equity Act, representation goals should reflect labour‑market availability; relying solely on outdated proxies risks distorted analysis.
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== 5. Required Workforce‑Availability Mitigation Controls ==
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==== 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).
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'''5.2 Dual benchmark requirement.''' Compare internal representation to both official WFA and a growth‑adjusted sensitivity benchmark; record discrepancies.
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===== '''Census currency disclosure.''' =====
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Record the census year, the time gap from the current workforce, any definitional changes, and denominator alignment (owned by HR Analytics).
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'''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.
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===== '''Dual benchmark requirement.''' =====
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Compare internal representation to both official WFA and a growth‑adjusted sensitivity benchmark; record discrepancies.
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'''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.
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===== '''Growth‑adjusted sensitivity formula.''' =====
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Adjusted availability equals official WFA plus the (recent LFS proportion minus the census proportion); use for impact modelling, not statutory reporting.
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'''5.5 Future‑state projection.''' Project future representation and compare to both official and adjusted availability; if below either benchmark, consider mitigation.
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===== '''Attainment ratio analysis.''' =====
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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.
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'''5.6 External growth differential.''' Exercise heightened caution when LFS availability exceeds WFA by 3–5 percentage points or more.
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===== '''Future‑state projection.''' =====
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Project future representation and compare to both official and adjusted availability; if below either benchmark, consider mitigation.
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== 6. Equity Risk Areas at Step 1 ==
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===== '''External growth differential.''' =====
'''6.1 Continuing‑work definition.''' Avoid defining continuing work via historically advantaged pathways; document operational necessity, evidence sources, demographic concentrations, and rationales for elimination.
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Exercise heightened caution when LFS availability exceeds WFA by 3–5 percentage points or more.
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'''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.
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==== 6. Equity Risk Areas at Step 1 ====
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'''6.3 Geographic consolidation risk.''' Model representational impacts of consolidation across regions before finalizing.
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===== '''6.1 Continuing‑work definition.''' =====
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Avoid defining continuing work via historically advantaged pathways; document operational necessity, evidence sources, demographic concentrations, and rationales for elimination.
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'''6.4 Official‑language profile escalation.''' Validate language requirements against actual duties with Official Languages.
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===== '''6.2 Opportunity proxy risk.''' =====
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Replace proxies such as acting experience, central‑agency exposure, or executive‑briefing experience with competency‑based criteria tied to duties.
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== 7. Barrier Forecast ==
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===== '''6.3 Geographic consolidation risk.''' =====
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Model representational impacts of consolidation across regions before finalizing.
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===== '''6.4 Official‑language profile escalation.''' =====
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Validate language requirements against actual duties with Official Languages.
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==== 7. Barrier Forecast ====
 
Accessibility and DEI assess potential barriers arising from remote‑work changes, consolidation, and technology changes, and document mitigation measures.
 
Accessibility and DEI assess potential barriers arising from remote‑work changes, consolidation, and technology changes, and document mitigation measures.
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== 8. Representation Floor Review ==
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==== 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).
 
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).
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== 9. Required Sign‑Off Before Proceeding to Step 2 ==
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==== 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.
 
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.
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== 10. Structural Importance of Step 1 ==
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==== 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.
 
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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= STEP 2 — Determine the Affected Part(s) of the Organization =
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=== STEP 2 — Determine the Affected Part(s) of the Organization ===
    
== Legislative and Policy Basis ==
 
== Legislative and Policy Basis ==