DAOD 5005-2, Delegation of Authorities for Civilian Human Resources Management

Introduction
Overview
Core Values and Principles
Operating Principles
Monitoring and Audit
Responsibilities
References

1. Introduction

Date of Issue: 2006-01-20

Application: This is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members) who act as managers or supervisors of DND employees.

Supersession: CPAO 2.01, Delegation of Signing Authority

Approval Authority: Assistant Deputy Minister (Human Resources – Civilian) (ADM(HR-Civ)).

Enquiries: Chief of Staff ADM(HR-Civ) (COS (ADM(HR-Civ)))

2. Overview

Terminology

2.1 The term "collective agreement" as used in this DAOD has the same meaning as in subsection 2(1) of the Public Service Labour Relations Act (PSRLA).

Purpose

2.2 This DAOD:

provides instruction on responsibilities that flow from delegated civilian human resources (HR) management authorities in DND; and
outlines the conditions to be met before managers are eligible to exercise the assigned delegated authorities.

3. Core Values and Principles

Deputy Minister Accountability

3.1 The Deputy Minister (DM) is responsible for:

the proper exercise in DND of all delegated authorities under the Financial Administration Act (FAA), the PSLRA and the Public Service Employment Act (PSEA) and the regulations made under these Acts; and
the meeting of obligations in DND under the Employment Equity Act (EEA) and the Official Languages Act.

3.2 The DM is accountable to the Treasury Board and Public Service Commission for the exercise of these authorities and obligations.

3.3 The Values and Ethics Code for the Public Service sets out the values and ethics of the public service to guide and support public servants in all their professional activities.

3.4 The DM and managers with delegated authority are also responsible for:

preserving public confidence in the integrity of civilian HR management and operations within DND; and
maintaining the tradition of political neutrality of the public service and its continuing ability to provide professional, candid and frank advice.

Classification System

3.5 Core values permeate every aspect of civilian HR management. The classification system of the federal public service establishes the relative value of all work in the public service in an equitable, consistent and effective manner, and provides a basis for the compensation of public service employees. In this context, managers shall ensure the proper, effective and efficient use of public money.

Modernization of Public Service Human Resources Management

3.6 Managers shall approach civilian HR management through integrated business and HR planning. This is the basis for assessing and understanding the current and future HR needs of DND and is central to the promotion of healthy organizations that retain competent, committed and engaged employees.

3.7 Modernizing civilian HR management and support is key to:

attracting, rewarding and retaining talented employees;
developing leaders; and
building capacity to achieve government objectives and the mission of the DND and the CAF.

3.8 Choosing who is hired and promoted is one of the most basic and most important responsibilities.

3.9 The modernization of public service HR management requires processes and decisions that respect and balance certain key values that flow primarily from its objective of fostering a professional public service. The key values also flow from the management context within which HR decisions comply with the requirements of:

the PSEA and its regulations;
the EEA and its regulations;
the Official Languages Act; and
other relevant statutes, regulations and policies.

3.10 When exercising delegated authorities, managers shall be guided in their decisions and their professional conduct by:

a balanced framework of public service democratic, professional, ethical and people values; and
adherence to staffing values of fairness, transparency, access and representativeness while taking flexibility, affordability and efficiency into account.

Interaction with Unions

3.11 The PSLRA sets out the importance of respectful and harmonious interactions and effective dialogue with unions to support a:

healthy and productive workplace and workforce, protecting and serving the public at all times; and
fair, credible and efficient resolution of workplace and workforce issues.

3.12 Effective labour-management relations represent a cornerstone of good HR management requiring a collaborative effort between the parties.

3.13 Communication and sustained dialogue improve the ability of the public service to serve and protect the public interest.

Learning Programs

3.14 DND recognizes the importance of developing and supporting a professional, effective and sustainable defence team. Managers are accountable to promote and foster a learning culture that is proactive and innovative by facilitating and making available learning programs and services that combine excellence of quality, cost-effectiveness and ease of access.

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4. Operating Principles

Legislative Background

4.1 Under the Public Service Modernization Act (PSMA), the authority for HR management derives from the:

new PSLRA;
new PSEA and its regulations;
new Canada School of Public Service Act; and
amended FAA.

4.2 Some authorities are delegated through central agencies to the DM and others are authorized directly by the FAA and the PSEA to the DM. Since the DM cannot be expected to exercise all HR authorities personally, some are further delegated to the appropriate manager or departmental official.

Delegation of Authorities to the Lowest Possible Level

4.3 To ensure the efficient and effective management of civilian HR, the DM through the Delegation of Authorities for Civilian Human Resources Management Instrument extends delegation to the lowest possible level.

4.4 Managers who are authorized to exercise the civilian HR management delegated authorities may do so within their jurisdiction consistent with the conditions and criteria outlined in this DAOD.

Amendment of Delegated Authorities

4.5 The ADM(HR-Civ) may amend the delegated authorities to reflect changes approved by the DM when required.

Written Delegation Instruments

4.6 No person shall be permitted to exercise an authority unless the DM has formally delegated the authority in writing. Through a signed formal instrument of delegation, the DM extends the exercise of delegated authority to positions within the DND and the CAF.

Exercise of Delegated Authorities

4.7 Managers shall exercise delegated authorities in accordance with:

the PSLRA, PSEA, FAA and all regulations made under these Acts;
departmental HR management principles and values;
the terms and conditions of their specific HR delegation instruments;
applicable policies, directives and collective agreements;
operational, budgetary and training limitations; and
other limitations that may be imposed by government.

4.8 Failure to so act may result in sanctions such as DM restriction or withdrawal of delegated authorities or other administrative action. Such restrictions may have an impact on the continuing ability of delegated individuals to perform their management duties.

Conditions for the Exercise of Delegated Authorities

4.9 To exercise delegated authorities, managers shall meet specific conditions through mandatory training and on-the-job experience. These conditions include:

knowledge of relevant HR and related financial management authorities and applicable acts and regulations, policies and guidelines;
ability to make appropriate decisions that maintain and promote public service values;
professional behaviour in carrying out activities with integrity, fairness and a sensitivity to diversity and inclusiveness of all segments of the Canadian population in the public service;
required training in relation to the delegated HR authorities (classification, staffing and labour relations); and
consultation with human resource officers (HROs) in ADM(HR-Civ) for further information and advice as required, to ensure that decisions are taken in accordance with applicable acts, regulations, policies, directives and collective agreements.

Note - HROs are accountable for the quality of service and advice that they provide to managers.

Exercise by Acting and Designated Persons

4.10 Any person officially appointed by the incumbent's superior in an acting capacity would also have authority to exercise delegation for the duration of the acting appointment. If no person has been so appointed to the position, the delegated authority may be:

exercised by a more senior level manager within the respective chain of command;
designated by a more senior level manager to a person within the respective chain of command to a person within the same chain of command; or
exercised by any other person designated by the DM.

4.11 An acting or designated person shall meet the conditions set out in this DAOD.

5. Monitoring and Audit

Expected Results

5.1 Under the Management Accountability Framework (MAF) of the Treasury Board Secretariat (TBS), the DM is responsible to ensure that DND, in support of CAF operations, has the people, work environment and focus on building capacity and leadership to assure the success of DND and a confident future for the public service of Canada.

5.2 The people component of the MAF sets out the expectations, outcomes and success criteria for HR management. The expected results are explained within the People component of the TBS Management Accountability Framework found under the Source References map.

5.3 ADM(HR-Civ) monitoring and reporting shall align with the outcomes and expectations of the:

People component of the MAF;
DND and CAF corporate priorities; and
Performance Measurement Framework.

ADM(HR-Civ) Monitoring

5.4 To measure progress and report to central agencies and to the DM on HR management performance and results, ADM(HR-Civ):

conducts monitoring and review based on risk assessment;
on an annual basis, provides input into Chief of Review Services (CRS) audit and review plans where potential HR management issues exist;
leverages internal audit and review plans of the CRS; and
in collaboration with CRS, implements the ADM(HR-Civ) Group audit and review plan.

5.5 The following areas are covered in ADM(HR-Civ) monitoring:

DND management performance in exercising delegated HR authorities;
integration of HR management planning with planning of business activities;
HR policies and programs based on areas of greatest risk;
internal audit reports and associated corrective action plans on the management and administration of HR management and delegated authority;
implementation of corrective actions as a result of internal reviews and audits on labour relations, staffing and classification;
HR areas expected to be covered in reports to central agencies on DM delegated HR authorities; and
implementation of corrective action arising from external reports published by the Auditor General of Canada, TBS or Public Service Human Resources Management Agency, or audits conducted by the Public Service Commission, on HR management delegated authorities.