Appendix B: List of Recommendations

  1. Ensure that hiring is at first limited to Yukon applicants; only if skills are not available, or if there are special circumstances, should Outside applicants be considered. Maintain existing PSC requirement for Ministerial approval of Outside hires. Review method(s) used to communicate information about PSC/Crown Corporation/Education hiring practices and statistics.

  2. Ensure that the Education Department maintains up-to-date inventories for each category of Education Act employees, e.g. administrators, teachers, remedial tutors, educational assistants, etc. These inventories are to be used in all hiring initiatives, supplemented if necessary by local advertising. Outside candidates would be considered only if suitable local candidates are not present.

  3. For all government hiring purposes except for hiring on construction contracts, a "Yukon Resident" is a person who holds a Yukon Health Insurance Plan card. (See Recommendation #5 for definition for hiring on construction contracts.)

  4. The government should foster more job opportunities for young people by developing a youth hiring program including initiatives such as: establishing more entry-level and/or apprenticeship positions within government; ensuring that "required" qualifications in job descriptions--especially experience--are essential rather than desirable; enhancing its existing summer job program by developing pre-apprenticeship ("labourer") positions; allowing voluntary four-day work weeks with the savings used to hire young people; developing incentives for the private sector to hire young people for non-summer jobs.

  5. For hiring on construction contracts, maintain the existing Business Incentive Program definition for "Yukon Resident," i.e. a person who has held a Yukon Health Insurance Plan card for three months.

  6. The government should develop--on its own or with appropriate partners--a Hiring Agency, which contractors on Yukon Government projects would be required to use.

  7. Amend the definition of "employee" in the Employment Standards Act so as to include "contract workers" who are subordinate to or dependent on the person they work for. Increase resources for Labour Services to perform more audits of construction contracts.

  8. Require contractors on government construction projects to hire certified tradespeople, gradually increasing the number required to 100 per cent of the non-apprentice workforce within 10 years.

  9. Investigate extending the Business Incentive Program to other industries where behavioural change(s) are needed and achievable, e.g. trucking.

  10. Require that Yukon government capital plans have links to skills and training requirements identified and acted upon.

  11. Ensure government construction contracts require Yukon apprentices to be hired, where it makes sense, e.g. set a minimum apprentice-to-journey worker ratio.

  12. The government--together with Yukon College, Human Resource Development Canada, unions, industry and other relevant agencies and organizations--should develop a modular training system which would complement the established apprenticeship system.

  13. Require companies involved in any natural resource development to carry out Yukon Hire and/or Yukon purchase where government funds are being used to assist the project directly or indirectly.

  14. A "Yukon Business", for the purpose of any Yukon government preference policy, is one that meets two or more of the following criteria: employs Yukon Resident(s); has real property in the Yukon; has an office in the Yukon; or is owned by a "Yukon Resident."

  15. Amend the contract regulations to require the contracting department to discuss contract specifications and tendering plans with industry in order to ensure all opportunities and efficiencies are taken into account and that potential Yukon vendors or manufacturers are not excluded. While this must include all price-driven tenders greater than $25,000, this should not exclude tenders of lower value that would benefit from the consultation. The discussions could take many forms ranging from regularly scheduled meetings with industry, to simple phone calls, to special meetings called to discuss one-of-a kind projects. Departments should initiate discussions with vendor industries to decide on the most appropriate form of consultation.

  16. Amend the contract regulations so that sole-sourcing to Outside firms is allowed only for contracts worth less than $1,000.

  17. Where sufficient competition is present, issue only invitational tenders/proposals to Yukon businesses. Any invitational tender must include Yukon vendors if they exist. Review and revise, if necessary, the mechanism for ensuring Yukon businesses have equitable access to government contracts (sole source and invitational).

  18. Amend the Employment Standards Act as follows: (a) Add a $500 fine per incorrect employment record; (b) Add an administrative penalty of 10 per cent of the amount owed to an employee, to be paid to the employee; (c) Add the option of third-party complaints, when reasonable grounds are provided. As well, design and implement a complementary education program to increase public awareness of the right to file a complaint with Labour Services about violations of the Fair Wage Schedule or any provision of the Employment Standards Act.

  19. Ensure that construction bids list subcontractors. Reduce the opportunity for bid shopping by enforcing the provision that subcontractors listed in a bid do in fact carry out the work; require any change in subcontractors to be approved by Yukon government.

  20. Raise the Fair Wage so that it is closer to the union scale. Review the Fair Wage Schedule every three years in consultation with employers and unions.

  21. Include employee benefits such as employer costs for supplementary health care and employee-controlled pensions when calculating BIP rebate.

  22. Publish, at least annually, in Yukon newspapers a list of the items/services purchased from Outside businesses, including purchase price and relevant contract details. Immediately publish the Contract Registry on the government public web site.

  23. Require general contractors on construction contracts to invite Yukon and/or local companies to bid on subcontracts.

  24. Ensure the government's contract regulations continue to recognize the importance of buying from "Yukon Businesses" by making best efforts to contract for services in the community in which they are used or, in the alternative, from Yukon vendors. Amend the contract regulations to:
    (a) require a minimum of 20 per cent of total points assigned in value-driven contracts to reflect Yukon preference criteria, e.g. "local staff, office and knowledge;" and
    (b) require the contracting department to discuss request for proposal criteria with industry to ensure all opportunities and efficiencies are taken into account and that potential Yukon suppliers are not excluded. The discussions could take many forms ranging from regularly scheduled meetings with industry, to simple phone calls, to special meetings called to discuss one-of-a kind projects. Departments should initiate discussions with vendor industries to decide on the most appropriate form of consultation.

  25. Ensure government departments understand and use the Source List. Review the structure and content of the Source List with the goal of improving its utility to government contracting authorities.

  26. Create a mechanism whereby, on formal request by industry representative associations, the government, in consultation with industry, evaluates whether sole-source limits should be adjusted (up or down) for particular industries.

  27. Ensure clear evaluation criteria and comprehensive terms of reference in all government proposals. Ensure all government departments apply contract regulations consistently.

  28. Where appropriate, ensure proposal evaluation criteria include points to give incentive to Outside firms to develop partnerships with Yukon firms, and/or Yukon firms to hire Outside experts for skills transfer and expertise.

  29. Develop a mechanism to increase the flexibility of operations and maintenance funding.

  30. Develop realistic three-year government capital budgets to replace the present one-year system. Develop mechanisms to ensure tenders and requests for proposals are issued earlier and are more evenly spread out during the year. Examples are: establish a group including industry and government representatives to review tendering timeline; pass capital budget in the fall; issue tenders early with caveat "subject to appropriation."

  31. Develop new methods to increase public awareness of contract regulations, appeal mechanisms and government tendering procedures, especially in rural Yukon. Publish the Contract Registry more frequently than once a year and publish it immediately on the government public web site.

  32. Require training be taken by Yukon government employees who write or evaluate bids/proposals to ensure consistency, full understanding of the contract regulations, etc.

  33. Amend the contract regulations to re-establish an authority reporting directly to a Minister to handle appeals, complaints and suggestions from the public and from government employees concerning contracting and hiring practices and decisions. The authority would have the power to review and, if necessary, intervene in government contracting and hiring practices.

  34. Yukon Hire practices and policies should apply to all organizations using government conditional funds, with terms explicitly set out in funding agreements.

  35. Ensure that training offered to Yukon government staff for tender writing, project management, etc. continues to be made available to municipal and First Nations government staff.

  36. Ensure that municipalities continue to have the opportunity to utilize Yukon government resources for capital project management, tender writing, and tender review--on a cost-recovery basis--with the goal of enhancing the consistency and quality of municipal contracts and contracting practices.

  37. Improve communication among the four levels of government and major utilities on capital projects, with the goal of increasing efficiency by making maximum use of local workers.

  38. Ensure better planning and communications within the Yukon government with respect to contracting so that individual departments are aware of all significant activities.

  39. The Yukon government should consolidate those functions related to contracting and labour, either by enhancing an existing government unit or by creating a new branch/department (e.g. Department of Advanced Education and Labour). The consolidated unit would co-ordinate and/or provide analysis of government-funded training, labour market policy and labour market planning. An important responsibility would be monitoring and evaluating contracting and hiring practices across government. Functions best suited for the new department include work now undertaken by: Labour Services Unit (Justice), Advanced Education Division (Education). Other areas that could be considered include Workers' Advocate (Justice), Occupational Health and Safety (WCB), Contract Administration (Government Services), and Staff Development (PSC).

  40. The Yukon government should review the organization of government. The main reason for this review is to ensure efficient and co-ordinated delivery of devolved or newly-assumed responsibilities formerly handled by the Government of Canada.