Collective Decision-Making Role of Central Agencies
Patrick Fafard
University of Ottawa
Public Administration Reform Program –
Russian Federation
Law-Making Visit, July-August 2007
1
Outline
• Introduction
– Responsible Government
• Prime Minister and PMO
• Central Agencies
– Privy Council Office
– Other Central Agencies
• Cabinet Government – support for
decision-making
2
Outline
• Introduction
– Responsible Government
• Prime Minister and PMO
• Central Agencies
– Privy Council Office
– Other Central Agencies
• Cabinet Government – support for
decision-making
3
The Canadian Federation
Provinces and territories
and % share of 2005
population of 32.3 million
North-West
Territories
0.1%
Yukon
0.1%
Nunavut
0.1%
Newfoundland
& Labrador
British
Columbia
1.6%
13.2%
Alberta
10.1%
Québec
Ontario
Prince Edward
Island
0.4%
23.5%
38.9%
Saskatchewan
3.1%
Manitoba
3.6%
New Brunswick
2.3%
Nova Scotia
2.9%
4
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
5
PARLIAMENT
Crown
Authority
House of
Commons
Senate
Responsibility
Cabinet
Supply
Advice &
Support
Direction
Public Service
Courts
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
7
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
8
Outline
• Introduction
– Responsible Government
• Prime Minister and PMO
• Central Agencies
– Privy Council Office
– Other Central Agencies
• Cabinet Government – support for decisionmaking
9
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
10
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
11
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
12
Outline
• Introduction
– Responsible Government
• Prime Minister and PMO
• Central Agencies
– Privy Council Office
– Other Central Agencies
• Cabinet Government – support for decisionmaking
13
Central Agencies – overview
How can we make well informed
decisions?
PCO – Economic and
Social Secretariats
What does the Prime Minister
need?
Is it consistent with our priorities?
PCO
Is it legal; constitutional?
Justice
PCO – Policy and
Priorities
How can the government effectively Treasury Board
manage its resources?
Secretariat
Can we afford it? What is our
financial situation?
Finance
14
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
15
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
16
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
17
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
18
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
19
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
20
Outline
• Introduction
– Responsible Government
• Prime Minister and PMO
• Central Agencies
– Privy Council Office
– Other Central Agencies
• Cabinet Government – support for decisionmaking
21
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
22
Cabinet Committee Structure
Cabinet
(27)
Priorities and
Planning (13)
Treasury
Board (8)
Social Affairs
(12)
Chaired by
Prime Minister
Operations (13)
Environment
and Energy
Security (10)
Economic
Affairs (12)
International
Affairs and
National
Security (11)
January 2007
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)
24
How Issues Move through Cabinet
Government MPs
Cabinet
Committee
Government MPs
CABINET
ACTION
Operations
Committee
PCO/PMO/FINANCE/TBS
Minister
Legislation
Regulation
Program
Implementation
Announcement
Department
Treasury Board
Other Ministers
and Departments
ACTION
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
26
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
27
For further information
Responsibilities of the Privy Council Office 1999
http://www.pcobcp.gc.ca/default.asp?Page=Publications&Language=E&doc=resp
ons/cover_e.htm
The Role and Structure of the Privy Council Office 2007
http://www.pco-bcp.gc.ca/docs/Publications/Role/role2007_e.pdf
28
Appendix – Additional Slides
29
Privy Council Office
30
Division of Powers (examples)
Canada
Provinces
Shared
Peace, Order and
Good Government”
“Local Works and
Undertakings”
Agriculture
Immigration
Trade and Commerce
Taxation and Raising
Money
Defence
Unemployment Insurance
Criminal Law
“Indians”
International Affairs
Education
Social Services
Health Care
Civil law
Residual Power
Natural resources (oil and
natural gas, mining, forestry,
electrical energy)
Environment
Municipal Institutions
Property and Civil Rights
31
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)
32
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)
33