1 Collective Decision-Making - Role of Central Agencies Patrick Fafard University of Ottawa Public Administration Reform Program – Russian Federation Law-Making Visit, July-August 2007

2 Outline Introduction –Responsible Government Prime Minister and PMO Central Agencies –Privy Council Office –Other Central Agencies Cabinet Government – support for decision-making

3 Outline Introduction –Responsible Government Prime Minister and PMO Central Agencies –Privy Council Office –Other Central Agencies Cabinet Government – support for decision-making

4 Provinces and territories and % share of 2005 population of 32.3 million British Columbia 13.2% Alberta10.1% Ontario 38.9% North-West Territories 0.1% Yukon0.1% Nunavut0.1% Saskatchewan3.1% New Brunswick 2.3% Nova Scotia 2.9% Prince Edward Island 0.4% Québec 23.5% Manitoba3.6% Newfoundland & Labrador 1.6% The Canadian Federation

5 Canada: Government Federation: –central government –10 provinces and 3 territories Representative democracy Parliamentary government Constitutional monarchy: –Ceremonial Head of State - Governor-General –Active Head of Government - Prime Minister with Cabinet

PARLIAMENT Crown House of Commons Senate Cabinet Authority Responsibility Advice & Support Public Service Courts Supply Direction

7 Responsible Government Crown makes decision on advice from Cabinet (formally) Cabinet the real decision making body (in practice) Cabinet collectively responsible to House of Commons Ministers individually responsible to House of Commons –Government remains only as long as it enjoys confidence of House

8 The Government of Canada Budget (2007): –Revenues $240 billion or approximately 5.7 trillion RUB –Expenditures $229 billion or approx. 5.5 trillion RUB Employees –387,000 (including military) Cabinet Ministers: 27

9 Outline Introduction –Responsible Government Prime Minister and PMO Central Agencies –Privy Council Office –Other Central Agencies Cabinet Government – support for decision- making

10 Prime Minister Provides direction to Ministers; maintains unity in Cabinet Makes responsible government possible Makes collective responsibility real Unique powers – appointment and mandate of Ministers – appointment of senior officials – management of Cabinet – determination of policy/finance

11 Support for Prime Minister Prime Minister’s Office –personal, political staff Privy Council Office –public service support on policy questions and operational issues “The Prime Minister’s Office is partisan, politically oriented, yet operationally sensitive. The Privy Council Office is non-partisan, operationally oriented, yet politically sensitive.” Gordon Robertson, former Clerk of the Privy Council

12 Prime Minister’s Office Supports Prime Minister’s: –political strategy and tactics –priorities –political dimensions of policy initiatives, problems, etc. –agenda and travel –communications –national political liaison

13 Outline Introduction –Responsible Government Prime Minister and PMO Central Agencies –Privy Council Office –Other Central Agencies Cabinet Government – support for decision- making

14 Central Agencies – overview How can we make well informed decisions? PCO – Economic and Social Secretariats What does the Prime Minister need? PCO Is it consistent with our priorities?PCO – Policy and Priorities Is it legal; constitutional?Justice How can the government effectively manage its resources? Treasury Board Secretariat Can we afford it? What is our financial situation? Finance

15 Privy Council Office Headed by Clerk of the Privy Council and Secretary to the Cabinet - usually career public servant with experience as Deputy Minister Many roles: –As Deputy to Prime Minister - provides to PM public service advice and staff support –As Secretary to Cabinet - supports all ministers collectively and individually –As Head of Public Service – oversees and reports on state of Public Service

16 PCO: Prime Minister’s Department Supports PM as Head of Government –priority setting –policy development and coordination –ministerial mandates and government organization –national security –senior appointments –issues in Federation (with Minister of Intergovernmental Affairs) –PM’s involvement in international affairs

17 PCO: Cabinet Secretariat Keeps track of departmental initiatives Ensures proper consultation, coordination and adherence to procedures and deadlines Cabinet and Cabinet Committee meetings: –agendas –briefings to Chairs –minutes –committee decisions –diffusion of information on outcomes and ensuring follow-up

18 Other Central Agencies: Finance To support decision-making: analysis and advice on the economic, fiscal, and tax implications of key government priorities: –To the Minister of Finance –To the Prime Minister –For Cabinet Also: Prepare the budget Tax and tariff policy and legislation Manage federal borrowing Transfers to provinces and territories Regulation of the financial sector

19 Other Central Agencies: Justice To support decision-making: Support the Minister / Cabinet on all legal matters including the constitutionality of government activities: –Division of powers –Charter of Rights and Freedoms Also: Policy department – oversee all matters relating to the administration of justice that fall within the federal domain Provide legal advisory, litigation and legislative services to government departments/ agencies

20 Other Central Agencies: Treasury Board Secretariat To support decision-making: Advise on the management and administration of government (including expenditure decisions) Advise on Cabinet submissions and regulatory policy Also: Oversee expenditure and financial management Manage compensation, pensions, benefits, terms and conditions of employment, and labour relations

21 Outline Introduction –Responsible Government Prime Minister and PMO Central Agencies –Privy Council Office –Other Central Agencies Cabinet Government – support for decision- making

22 Cabinet Government Cabinet deliberates in secret –to foster full and frank discussion and –to preserve Cabinet solidarity once decision reached Cabinet Ministers are required to publicly support decisions once they are reached

Cabinet Committee Structure Operations (13) Treasury Board (8) Social Affairs (12) Environment and Energy Security (10) Priorities and Planning (13) International Affairs and National Security (11) Cabinet (27) Chaired by Prime Minister Economic Affairs (12) January 2007

24 Memorandum to Cabinet (MC) - Minister’s Proposal MC is the basis of Cabinet discussion of policy issues MC is brought forward by one or more Ministers: –constitutes proposal for action –is tool of government decision-making –common basis for all members of cabinet to consider issue and agree on solution –leads to record of decision (RD)

How Issues Move through Cabinet PCO/PMO/FINANCE/TBS Cabinet Committee CABINET Government MPs Minister Department Legislation Regulation Program Implementation Announcement ACTION Other Ministers and Departments ACTION Treasury Board Operations Committee Government MPs

26 Cabinet and Legislation (1) Cabinet decisions may be implemented in a number of ways: –Regulations pursuant to existing legislation; –Spending / expenditure of public funds; –Announcement by the Prime Minister or member of Cabinet; and … –… new legislation

27 Cabinet and Legislation (2) If a Cabinet decision requires new legislation to implement it: –Minister is asked to return to Cabinet/ Cabinet committee with draft legislation –Legislation drafted by Department of Justice lawyers working closely with line department

28 For further information Responsibilities of the Privy Council Office bcp.gc.ca/default.asp?Page=Publications&Language=E&doc=resp ons/cover_e.htm The Role and Structure of the Privy Council Office

29 Appendix – Additional Slides

30 Privy Council Office

31 Division of Powers (examples) CanadaProvincesShared Peace, Order and Good Government” Trade and Commerce Taxation and Raising Money Defence Unemployment Insurance Criminal Law “Indians” International Affairs Residual Power “Local Works and Undertakings” Education Social Services Health Care Civil law Municipal Institutions Property and Civil Rights Natural resources (oil and natural gas, mining, forestry, electrical energy) Agriculture Immigration Environment

32 Central Agencies (formal and informal) Privy Council Office –Supports Cabinet and Cabinet Committees –Advice and support to the Prime Minister Treasury Board Secretariat – Supports Treasury Board (Cabinet Committee) – Oversees efficient use of resources Department of Finance –Sets Fiscal Framework / Drafts Budget / Defines available resources –Manages Consolidated Revenue Fund Department of Justice –Legal advice to PM, Cabinet, and Departments Public Service Commission Public Service Human Resource Management Agency (Canada Public Service Agency)

33 Government - Ministers Responsible for: –advancing Government’s policy, especially in Parliament –communicating Government’s program to the public –providing direction to public service Have legal, statutory responsibility for government actions Have responsibility for other bodies in their portfolio (as defined by statute)