Canadian Armed Forces Military Personnel Instruction 03/93 – Annexes – Policy and Staffing Procedures for the Attachment, Secondment or Loan of Canadian Armed Forces Personnel
Annex A – Selection and Employment Criteria
1. General
1.1 The selection criteria for a candidate for attachment, secondment or loan should be generally similar to those used to select personnel for exchange and liaison positions. That the individual selected must be capable of performing the assigned tasks is only one aspect. It must be borne in mind that the individual also fulfills an ambassadorial role for the Canadian Armed Forces (CAF).
2. Selection of military occupation and Rank
2.1 Regardless of any name, rank or military occupation (MOC) specified in the request, the final determination of those parameters will be made by Chief of Military Personnel (CMP) staffs based upon the Terms of Reference (TOR) provided by the requesting organization. An initial screening will be performed by Director Material Management and Distribution (DMMD) to establish a rank category in order to assign the request to the appropriate responsible directorate. Within each category, MOC shall be determined as follows:
- General Officers: Normally not applicable; however, a specific background may be required and such determination shall be at the discretion of Director Senior Appointments (DSA);
- Co1/LCo1: Director Personnel Careers Colonels (DPC Col), in consultation with DMMD and specialist staffs as required, shall determine the most appropriate MOC; and
- Major and below: DMMD, in consultation with Director Personnel Careers Officers (DPCO), Director Personnel Careers Other Ranks (DPCOR), career managers (CMs) and specialist staffs as required, shall determine the most appropriate MOC.
2.2 In the majority of cases, the skills and knowledge listed in the TOR will lead to the identification of a specific MOC. This notwithstanding, wherever possible a generic, or an alternate MOC should be selected to enhance manning flexibility.
3. General Selection Criteria
3.1 Inasmuch as the primary objective of a secondment, attachment or loan is to serve the needs of the CAF, the potential benefits to the CAF must remain paramount during the selection process. Thus, future employment for the individual must be taken into consideration. Similarly, the secondment, attachment or loan must be made at an appropriate point in the individual's career. In this regard, it must be remembered that attachments, secondments and loans are assigned Vice Chief of the Defence Staff (VCDS) Manning Priority 1, and thus individuals will normally not be re-assignable in other than a national emergency or if the Memoranda of Understanding (MOU) is cancelled. In addition, the individual will not normally be available for career progression courses, tasking for United Nations (UN) missions, etc, during the period of attachment, secondment or loan.
3.2 The following selection criteria devolve from the above:
- the individual must be a competent, credible member of their MOC who is able to apply effectively their current knowledge and skills, to acquire new skills and to assimilate new knowledge;
- the individual must possess professional and technical skills and knowledge consistent with the requirements specified in the TOR;
- the individual must have a minimum of two, and desirably more, years of service remaining in the current engagement following tour expiry;
- the individual should be highly career orientated and unlikely to request voluntary release from the CAF during or immediately following the tour;
- selection for an attachment, secondment or loan must not prejudice the individual's career progression nor reduce their subsequent employability within their MOC; i.e. selection should be at such a time in the individual's career profile that it would not preclude attendance at major career courses such as CAF Command and Staff College; and
- the individual must possess those personal attributes which will enable the CAF member to function effectively in the assigned position, and in such a manner as to reflect credit upon the CAF.
Annex B – Generic Memorandum of Understanding
1. Appendix 1 to this annex is a generic MOU which should cover the majority of situations and circumstances under which the CAF/Department of National Defence (DND) would be prepared to attach, second or loan a member to a requesting organization.
2. Within the text of the MOU, a number of words or phrases have been enclosed in square parenthesis to identify the specific information to be added in order to create a functional MOU. In addition, there are a number of optional paragraphs to match the particular situation, such as whether it is an attachment, loan or secondment, whether it is to private industry or government, etc. The participants may add additional paragraphs to cater for any eventualities not already provided for within the MOU. It should rarely be necessary to delete any of the existing core paragraphs or terms.
Appendix 1 to Annex B – Generic Memorandum of Understanding
Between
THE CANADIAN ARMED FORCES/DEPARTMENT OF NATIONAL DEFENCE
and
[ Host Organization ]
hereinafter known as "the participants"
Introduction
1. This Memorandum of Understanding (MOU) sets out the terms of arrangements in respect of the [attachment/ secondment/loan] of a member of the Canadian Armed Forces/Department of National Defence (CAF/DND) to [host organization].
2. This [attachment/secondment/loan] is intended to facilitate an increased understanding between the participants in regards to areas of mutual interest in the fields of [describe in general terms]. The [attached/seconded/loaned] member will be [SN, rank and name] who will function in the capacity of [position title] during the period of [attachment/secondment/loan]. A detailed description of the duties and responsibilities assigned to the position is attached at Annex A to this MOU.
3. Subject to the normal posting and clearance procedures of the CAF, it is agreed that the [attachment/ secondment/loan] will become effective on or about [date] for a period of [N] [months/years]. Any modification to this agreement will be as provided for in the section dealing with modification and termination procedures.
Financial
4. During the course of this [attachment/secondment/loan] [rank/name] will remain a member of the CAF and an employee of DND. The member will continue to receive pay and allowances appropriate to [their] military rank.
5. Throughout the period of this [attachment/loan] DND will absorb the cost of such pay and allowances and no recovery therefore will be sought from [host organization].
6. The [host organization] undertakes to reimburse DND the approximate sum of [$ ....] per month which includes an administrative support surcharge authorized by Treasury Board minute 697232 of 21 Dec 70. It is understood that this amount may be increased by any increases in pay and allowances that may become due to the member, including those consequent to promotion in military rank, during the period of secondment, and that the surcharge may also be amended accordingly. Reimbursement of costs as set out above will be sought through the quarterly submission of a DND invoice to [host organization].
7. All training, travel, movement and associated incidental expenses related to duties performed by the member on behalf of [host organization] must be paid by the latter in accordance with its applicable rates and reimbursement procedures. This includes relocation costs to a place of duty specified by DND at the termination of this agreement.
8. Any expenses which arise as a result of duty performed on behalf of the CAF must be borne by DND.
Logistic and Administrative Support
9. The [sponsor] will function as the DND primary point of contact for any military logistic or administrative support required. During the period of this [attachment/secondment/loan] the member must remain subject to the Code of Service Discipline as stated in the National Defence Act (NDA) and in Queen's Regulations and Orders for the CAF. The member must maintain a CAF uniform in a good state of repair and may be required to wear military uniform on occasions as determined by [sponsor] in consultation with [host organization].
10. CAF members are entitled to twenty-five (25) working days annual leave each fiscal year. The [host organization] agrees to provide [sponsor] with an annual record of all leave taken during the period of [attachment/secondment].
11. The member will continue to receive full medical and dental care, as required, through DND facilities at no additional charge to the host organization.
12. The members must be required to maintain the standard of physical fitness prescribed for their age and gender, and to present [themselves] for a fitness test at the requisite interval.
13. The [host organization] agrees to provide DND with a summary or statement of duties against which the member's performance appraisal will be prepared, and to provide to [sponsor] such an appraisal annually or upon request.
Disclosure of Information
14. The participants understand that any information provided by one to the other in confidence, or coming into existence as a result of this [attachment/secondment/loan], will either retain its original security classification, or will be assigned a classification that will ensure an adequate degree of protection against disclosure.
Intellectual Property
15. The participants understand that DND will instruct the member that except for such matters as may be made public by [host organization], [the CAF member] is to treat as confidential all inventions, drawings, specifications, engineering data, software, processes or other proprietary information furnished either directly or indirectly by [host organization]. This includes matters that, although technically not trade secrets, the dissemination thereof might prove prejudicial to [host organization].
16. DND will also instruct the member that upon termination of this MOU, [the CAF member] is to make no further use of confidential information and will return to [host organization] all confidential matter, in written or other tangible form, which [host organization] may have loaned or otherwise made available to the member.
Conflict of Interest
17. The member must comply with the conflict of interest policies of [host organization] during the period of [attachment/ secondment/loan].
18. Public servants must observe the Conflict of Interest and Post-Employment Code for the Public Service. Employees are expected to disclose any business, commercial or financial interest as outlined in the Code which may conceivably be construed as being a real, potential or apparent conflict of interest with their official duties. To comply with this condition, the employee must complete the Certification Document, on or before commencing the assignment and, if necessary, a Confidential Report. The completed Certification Document is to be returned in a sealed envelope to [host organization office] before the starting date of the assignment. Should a Confidential Report be required, it must be completed within 60 days of commencing the assignment and mailed in a sealed envelope to [host organization office]. Furthermore, the principles which the employee agreed to honour by taking the Oath of Office and Secrecy will continue to apply during the term of the [attachment/ secondment/loan].
Canadian Armed Forces Interests
19. In order to permit the CAF to benefit from the experience and skills acquired by the member, [host organization] will not present to the member any offer of employment or remuneration for consultation services during, nor for an interval of twenty-four (24) months following termination of, the period of [attachment/secondment/loan].
Security
20. The participants understand that the member will be security cleared to the required level prior to commencing duties with the host organization, and that DND will provide documentation to that effect.
21. The participants understand that the member will comply with all [host organization] security and safety regulations during the period of [attachment/ secondment/loan].
22. The participants understand that [host organization] will advise DND should the member be required to travel to any foreign country during the course of his duties. In the event such travel is deemed by DND to pose significant security concerns, [host organization] will defer to DND regarding final security authorization and approval for such travel.
Resolution of Disagreement
23. Any disagreement regarding the application or interpretation of this MOU will be resolved between the participants without referral to any third party for arbitration.
Amendment and Termination Provisions
24. The provisions of this MOU may be reviewed upon request by either participant and amended by written mutual consent of both participants.
25. This [attachment/ secondment/loan] may be terminated by either of the participants upon providing [number[n]] days written notice. It may also be terminated arbitrarily by DND in the event of an emergency as defined in the NDA.
26. [Host organization] may terminate this [attachment/ secondment/loan] without notice if the member is found unsuitable for, or unable to perform, the assigned duties or has breached [host organization] security regulations or requirements.
27. The participants understand that the provisions of this MOU relating to the protection of intellectual property rights and the use of confidential or other proprietary information will survive the termination of this MOU.
28. This MOU has been signed on behalf of the participants by the individuals named hereunder.