Accountabilities of the Minister, the Deputy Minister, and the Chief of the Defence Staff

Context

The National Defence Act provides for the appointment of the Minister of National Defence, Deputy Minister and Chief of the Defence Staff, with the latter two accountable to the Minister. The Minister, Deputy Minister and Chief of the Defence Staff are responsible and accountable, in both legal and practical terms, for the use of the authorities and resources entrusted to them by Parliament. This is expressed in terms of ministerial control over the Department of National Defence and the Canadian Armed Forces, and effective Parliamentary oversight over the defence programs and activities of the department.

Considerations

Minister of National Defence

The Minister of National Defence has legal responsibility and is accountable to Parliament for the Visiting Forces Act, the Aeronautics Act (in relation to defence), the Canadian Forces Superannuation Act, the Garnishment Attachment and Pension Diversion Act as it applies to the Canadian Armed Forces and the Pension Benefit Division Act as it applies to the Canadian Forces Superannuation Act.

Under the National Defence Act, the Minister presides over the Department of National Defence and has the management and direction of the Canadian Armed Forces and of all matters relating to national defence. The Minister is also responsible for the construction and maintenance of all defence establishments for the defence of Canada, as well as research relating to the defence of Canada.

The Minister as a member of Cabinet

In Canada's Westminster system of Cabinet government, the Minister is obliged to publicly support all of the policies of the Government, and to ensure that current and proposed defence activities reflect the Government's overall policy priorities and national objectives. Among the most important responsibilities of the Minister is the development and articulation of Canada's defence policy. This includes bringing major defence proposals (equipment projects, operations, etc.) to Cabinet for discussion and decision.

Domestic Deployment and Employment of the Canadian Armed Forces

Under the National Defence Act, the Minister may authorize the Canadian Armed Forces to perform any duty involving public service, such as support to civilian agencies in response to the 2019 floods in New Brunswick, Quebec and Ontario. The Minister may also, on the request of the Minister of Public Safety and Emergency Preparedness or any other Minister of the federal Crown, issue directions authorizing the Canadian Armed Forces to provide assistance in respect of any law enforcement matter. To do so, the Minister must believe that the assistance is in the national interest, and that the matter cannot be effectively addressed without the assistance of the Canadian Armed Forces.

There are also several Orders in Council made pursuant to Crown Prerogative powers that authorize the Canadian Armed Forces’ assistance to the Royal Canadian Mounted Police, Correctional Service Canada or a provincial police force under specified circumstances. Such was the case in recent months with the requests for the Canadian Armed Forces’ air and marine capabilities for the fugitive air search in Manitoba and the underwater search of an aircraft crashed in a deep lake with suspected persons onboard in Newfoundland.

International Deployment and Employment of the Canadian Armed Forces

All international deployment and employment of the Canadian Armed Forces must find authority in both international and domestic law. In the case of all international (and some domestic) deployments, the domestic legal authority will flow from the exercise of the Crown Prerogative in respect of national defence and national security. The manner in which the Governor in Council exercises the Crown Prerogative will depend upon the circumstances. In some cases, a deployment decision will be made by Cabinet, in others by the Prime Minister or Minister of National Defence alone.

The Deputy Minister and the Chief of the Defence Staff

The Deputy Minister and the Chief of the Defence Staff are the Minister’s principal advisors, providing the day-to-day leadership and management of the Department of National Defence and the Canadian Armed Forces. They also ensure that the Minister is fully informed and in a position to take and direct all action required in fulfilling the defence mandate. That said, their separate and respective authorities give rise to different responsibilities.

Deputy Minister. The Deputy Minister is authorized by law to undertake, on the Minister's behalf, any of their duties, except making regulations or exercising powers the Minister must do personally. In so doing, the Deputy Minister is subject to the Minister’s direction. However, the Deputy Minister does not act for the Minister in relation to the Canadian Armed Forces.

Specific authorities and responsibilities for the control and spending of funds and the management of property, both real and personal, are conferred on the Deputy Minister by the Financial Administration Act. The Deputy Minister is an "accounting officer" under the Financial Administration Act and is accountable before parliamentary committees to provide explanations on matters for which the Deputy Minister is responsible. The Deputy Minister is also responsible for establishing an independent departmental audit committee and for ensuring that an adequate financial oversight regime is in place.

The Deputy Minister exercises certain other powers assigned by law, which are delegated or set out in policies and directives by the Public Service Commission and the Treasury Board, relating to human resources and staff relations regarding Department of National Defence employees, official languages and ethics. The line of departmental authority extends from the Deputy Minister to every member of the Department of National Defence and the Canadian Armed Forces who exercise financial, human resources, contracting or other authorities on behalf of the Deputy Minister or the Minister.

The Deputy Minister is responsible for the day-to-day management of the Department on behalf of the Minister and for formulating advice for the Minister on policy matters. More specifically, within the priorities, objectives and standards established by the Government, the Deputy Minister must provide advice on the possible impact of initiatives on the public, the Department, and the Government. In managing the Department, the Deputy Minister is responsible for interdepartmental coordination in policy development and decision-making, public service renewal, and conducting international defence relations and the non-military aspects of engagement with multilateral organizations (e.g., the United Nations, the North Atlantic Treaty Organization and the North American Aerospace Defense Command).

In accordance with the National Defence Act, the Governor in Council may appoint not more than three Associate Deputy Ministers of National Defence, each of whom shall have the rank and status of a deputy head of a department and as such shall, under the Minister and the Deputy Minister, exercise and perform such powers, duties and functions as deputy of the Minister and otherwise as the Minister may specify. To date, Associate Deputy Ministers have had responsibilities for files related to procurement, information management and technology, defence renewal, search and rescue, and other files as may be assigned by the Deputy Minister. In accordance with the National Defence Act, an Associate Deputy Minister acts as the Deputy Minister in their absence or incapacity.

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Chief of the Defence Staff. The Chief of the Defence Staff serves as the primary military advisor to the Prime Minister and is the most senior officer of the Canadian Armed Forces. Subject to the regulations in the National Defence Act and under the direction of the Minister, the Chief of the Defence Staff is charged with the control and administration of the Canadian Armed Forces. Unless the Governor in Council otherwise directs, all orders and instructions to the Canadian Armed Forces that are required to give effect to the decisions and carry out the directions of the Government of Canada or the Minister shall be issued by or through the Chief of the Defence Staff.

The Chief of the Defence Staff is also the commander of the Canadian Armed Forces (while the Governor General of Canada is the Commander in Chief of the Canadian Armed Forces, which is largely a ceremonial role). In this role, the Chief of the Defence Staff is responsible for all Canadian Armed Forces operations and readiness, as well as their ability to fulfill the military commitments and obligations of the Government. The Chief of the Defence Staff advises the Minister on all of these matters. When required, the Chief of the Defence Staff advises the Prime Minister and Cabinet directly on major military developments.

The Chief of the Defence Staff has a role in international defence and military-to-military relations. The Chief of the Defence Staff also has a role in advising other departments on the military implications of decisions within the security and defence sphere, which requires enhanced coordination between the military and other government departments within the national security community.

Under the National Defence Act, the Chief of the Defence Staff must also respond to a written requisition from a provincial Attorney General for Aid of the Civil Power (assistance to civilian authorities in the event of a riot or a disturbance of the peace that is beyond the powers of the province to address). The Chief of the Defence Staff is required to seek direction from the Minister before responding to such a request.

In accordance with the National Defence Act, the Vice Chief of the Defence Staff acts as the Chief of the Defence Staff in their absence or incapacity.

On behalf of the Deputy Minister and Chief of the Defence Staff, the mandate of the Vice Chief of the Defence Staff is as a Chief of Staff, to coordinate and, when appropriate, direct the activities necessary to ensure departmental defence policy and strategic objectives are achieved. In executing the role of the Chief of Staff of National Defence Headquarters, the Vice Chief of the Defence Staff has both a coordinating and a directive role in working with all senior advisors. In addition, the Vice Chief of the Defence Staff is also assigned functional authorities, including joint capability based planning and program management.

Integrated Defence Team

The integrated National Defence Headquarters supports the Deputy Minister and Chief of the Defence Staff in the execution of their duties, and senior advisors have direct accountabilities to both the Deputy Minister and the Chief of the Defence Staff for the activities they perform.

Defence Team support to senior leadership takes many forms, including:

• providing well-considered and coordinated advice to the Minister and Cabinet on defence issues, Canadian Armed Forces matters, and related Government priorities, policies and programs;
• ensuring that military tasks and defence activities ordered by the Minister and Cabinet are carried out promptly, effectively, and efficiently;
• providing a cost-effective organization for the acquisition and provision of materiel and other resources to the Canadian Armed Forces;
• ensuring that government-wide policies, regulations, practices and standards are followed in the management of Defence; and
• providing assistance to the Minister in consulting and informing Parliament and Canadians, and in advancing Canada’s defence relations and other interests around the world.

The responsibility and accountability of military staff to the Deputy Minister for the exercise of financial, administrative, or civilian human resources authorities does not mean that the Deputy Minister may issue orders to military personnel; nor does the issuing of directives by the Deputy Minister somehow "civilianize" members of the Canadian Armed Forces. It means that the Deputy Minister has the authority to:

• delegate to both civilian and Canadian Armed Forces personnel the exercise of certain administrative or other authorities;
• give direction on how those authorities are to be exercised; and
• hold military and civilian personnel responsible and accountable for the exercise of these delegated authorities.

Similarly, the responsibility and accountability of Department of National Defence civilian employees to the Chief of the Defence Staff does not put them in the military chain of command. It means that they must respond to the Chief’s requirements for advice and support. Specifically, it means that the Chief of the Defence Staff has the authority to:

• require senior civilian advisors and their staff to provide advice on matters within their purview;
• call upon civilians in National Defence Headquarters and elsewhere to provide support to those in the military chain of command; and
• hold them accountable for the manner in which they have executed these duties.

Both military and civilian personnel can occupy positions in the integrated structure of authority and accountability that operates within National Defence Headquarters and elsewhere. Only military personnel, however, can be in the military chain of command.

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