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Ethics Advisory Board Terms of Reference

1467-11-3 (A/DDEP)

Octobre 2016

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Terms of reference for the Defence Ethics Programme (DEP) Ethics Advisory Board (EAB)

Mandate

1. Reporting to the Deputy Minister (DM) and the Chief of the Defence Staff (CDS) normally through the Defence Management Committee (DMC), the Ethics Advisory Board (EAB) provides the Assistant Deputy Minister (Review Services) (ADM(RS)) with decision support and advice with respect to the leadership and implementation of the Defence Ethics Programme (DEP). The EAB supports ADM(RS) in developing direction, guidance and advice on the generation, implementation and administration of policies, strategies and requirements to support the DEP. The EAB is a forum for developing strategies, for addressing ongoing program implementation issues to meet program objectives, and for considering organizational issues with strong ethical dimensions.

Primary Focus Areas

2. The EAB considers Defence ethical risks and issues, including cultural matters. It provides a forum in which ADM(RS) can exercise the Functional Authority for organizational values and ethics, conflict of interest, and post-employment measures, and where representatives of commands and groups can discuss Department of National Defence (DND) and Canadian Armed Forces (CAF) ethical and cultural risks, issues, and challenges, and provide advice to ADM(RS) on the development of policies, strategies and plans to implement and evolve the DEP. The DEP was established by the DM and CDS in 1997 to support a high level of ethics awareness and ethical conduct throughout DND and CAF by means of a variety of program requirements; these include organizational practices, processes, risk factors, professional development and performance management. The role of the EAB is to assist ADM(RS) in:

  1. Setting the DEP vision;
  2. Monitoring the application of the DND and CAF Code of Values and Ethics to policy, doctrine and practices in all areas of DND/CAF; and
  3. Monitoring the administration and implementation of the DEP:
    1. Considering DND/CAF policy issues related to the DEP;
    2. Shaping strategies to address ethical risks and issues;
    3. Assessing, informing and advising on findings of studies, analyses, and reports on any matter with strong ethical dimension;
    4. Establishing the terms of Reference of the "Ethics Coordinators' WG";
    5. Setting the priorities of the "Ethics Coordinators' WG" and tasking the WG on specific issues as required, while reviewing the recommendations made by this subordinate committee; and
    6. Considering any matter with an ethical dimension raised to the EAB from other sources.

The Chair

3. The ADM(RS) is the Chair of the Ethics Advisory Board.

4. The Chair's responsibilities include;

  1. Convene the EAB;
  2. Set the agenda;
  3. Make decisions within the mandate of the EAB;
  4. Report to the DMC, or any other committee when appropriate, on decisions that have been made through the EAB;
  5. Inform DM/CDS on decisions made by EAB; and
  6. Designating the Director, Defence Ethics Programme (DDEP) as substitute Chair during the Chair's absence.

Members

5. The following are Level 1 (L1) representative members of the EAB:

  1. VCDS Rep
  2. DOSSJS Rep
  3. ADM(Pol) Rep
  4. ADM(Mat) Rep
  5. Comd RCN Rep
  6. Comd CA Rep
  7. Comd RCAF Rep
  8. Comd MILPERSCOM Rep
  9. Comd CJOC Rep
  10. Comd CFINTCOM Rep
  11. Comd CANSOFCOM Rep
  12. ADM(Fin)/CFO Rep
  13. ADM(IE) Rep
  14. ADM(HR-Civ) Rep
  15. ADM(IM) Rep
  16. ADM(S&T) Rep
  17. ADM(RS) Rep
  18. JAG Rep
  19. DND/CFLA Rep
  20. ADM(PA) Rep
  21. Corp Sec Rep

Member Responsibilities

6. Members are responsible to:

  1. Assist the Chair in the development, implementation, coordination and monitoring of the DEP;
  2. Provide input on the development of DEP policies, instructions, guidance and procedures;
  3. Review and advise on the development of any performance indicators;
  4. Identify improvement opportunities and develop appropriate action plans for the DEP;
  5. Possess authority to represent the positions, views and requirements of the L1 Commander/Group principal;
  6. Bring forward any issue with strong ethical dimension for discussion;
  7. Share information regarding the ethical risks as they pertain to their own organization, as well as various other organizations;
  8. Communicate DEP status and issues within their organization to the Chair; and
  9. Identify the need for specialized tools, documents and standards.

Quorum

7. The EAB meeting should normally not proceed without a quorum consisting of the Chair, 50% of the Members representing Commanders Royal Canadian Navy, Canadian Army, Royal CanadianAir Force, Military Personnel Command, Assistant Deputy Minister (Materiel) and Assistant Deputy Minister (Infrastructure and Environment), and at least 50% of the remainder of the Members.

Members may Identify a substitute member at an appropriate level to represent them at the EAB in their absence, provided that the substitute is no less senior in rank or level than the primary Member.

In attendance

8. Regular observers include both senior managers within the DEP and any other member of the DEP team. Additional observers may be invited at the discretion of the Chair. Normally, the In Attendance Observers consist of the following representation:

  1. Chaplain General Office (L1:MPC);
  2. Military Personnel Generation (L1:MPC);
  3. ADM (HR-Civ) strategic training for DND public servants (L1: HR-Civ); and
  4. Any Strategic Response Team with ties to ethics (e.g. CSRTSM).

Observers

9. Regular observers include both senior managers within the DEP and any other member of the DEP team as required.

10. Additional members may be invited at the discretion of the Chair.

Executive Secretary and Secretarial Services

11. The DDEP is the Executive Secretary to the EAB. The DEP staff provides analytical support for individual submissions and ongoing monitoring and analysis of the core EAB governance framework. On Director DEP's behalf, the Secretary identified above provides secretarial services including scheduling, agenda promulgation and production of minutes / records of discussion (ROD). Minutes and RODs should be promulgated nomore than one month following any EAB meeting. Secretarial support services consist of the following:

  1. General Administrative Clerk, DEP (main);
  2. Communications Advisor (alternate as required); and
  3. Senior Ethics Analyst, Development and Support Section (alternate as required)

Committee Procedures

12. Agenda items may be referred to the EAB Executive Secretary through the secretary.

13. The ADM(RS) and the Executive Secretary will endeavour to ensure the agenda is focused on shaping and decision making.

14. Note that all supporting materials must be submitted in either English or French no later than seven (7) working days prior to the meeting to allow for strategic analysis and the preparation of the briefing binder. Supporting materials are to be made available before the committeemeeting (in both English and French as much as possible).

15. Table-drops will generally be avoided unless unavoidable due to external time constraints.

Battle Rhythm

16. The EAB shall convene no less than once per fiscal year. The meeting is typically of approximately 60 to 90 minutes; the format and length may be amended as approved by the Chair.

Sub-Committees

17. ADM(RS) may convene a sub committee, named the Ethics Coordinators'Working Group (ECWG) and chaired by DDEP, to support the proceedings of the EAB. The EAB will establish the Terms of Reference within which the responsibilities of the ECWG members will be detailed; the EAB will also set the priorities for the Working Group. The EAB will assign specific issues for detailed analysis and will review the recommendations made by this subordinate committee.

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