A Path Forward: Annex B—Proposed Defence Administrative Order and Directive

DAOD ####-0, Governance of the Office of the Ombudsman

Table of Contents

1. Introduction
2. Definition
3. Overview
4. Core Values
5. Operating Principles
6. Monitoring and Audit
7. Corrective Measures
8. Interpretation

1. Introduction

Date of Issue: yyyy-mm-dd

Application: This is an order that applies to members of the Canadian Armed Forces and a directive that applies to employees of the Department of National Defence.

Approval Authorities: This DAOD is issued under authority of the Deputy Minister and the Chief of the Defence Staff.

2. Definition

Ombudsman means the person appointed by order-in-council to be the Ombudsman for the Department of National Defence and the Canadian Armed Forces.

Office of the Ombudsman means the government organization established under the Ministerial Directives Respecting the Ombudsman for the Department of National Defence and the Canadian Forces and, for the purpose of this DAOD, includes the Ombudsman and members of the Ombudsman’s staff.

3. Overview

Purpose

3.1 This DAOD provides a framework to guide the issuance and administration of financial and human resource delegations to the office of the Ombudsman to ensure that:

a)  the office of the Ombudsman operates independently from the organizations it is mandated to review;

b)  the office of the Ombudsman is accountable for the management of financial and human resources related to its own organization; and

c)  the authorities delegated to the office of the Ombudsman by the Deputy Minister are monitored for compliance with legislation and policies.

Context

3.2 The office of the Ombudsman receives its operating mandate through the Ministerial Directives Respecting the Ombudsman for the Department of National Defence and the Canadian Forces.

3.3 The Ombudsman is appointed by Governor in Council and reports directly to and is accountable to the Minister of National Defence.

3.4 In order to carry out the mandate, the office of the Ombudsman requires delegations of financial and human resource authorities from the Deputy Minister.

4. Core Values

Values 

4.1 The recognized principles of ombudsmanry, i.e. independence, impartiality, fairness, and confidentiality are necessary benchmarks for the effective and credible operation of the office of the Ombudsman.

4.2 The authorities for which the Deputy Minister is responsible by law, must be exercised by all persons who have delegated authority in accordance with legislation and policy in order to ensure effective stewardship of public resources. 

5. Operating Principles

Issuance of Delegations

5.1 All delegation instruments issued for the office of the Ombudsman shall be self-contained and separate from those issued for Department of National Defence.

5.2 The delegations shall allow for the office of the Ombudsman to have organizational independence from the Department of National Defence and the Canadian Armed Forces, and to ensure the confidentiality of constituent information.

Exercise of Delegated Authorities

5.3 The office of the Ombudsman shall exercise delegated authorities in accordance with applicable legislation, policy of government-wide application, departmental policy, and collective agreements.

5.4 Where a prescribed departmental policy or procedure causes administrative or operational challenges for the office of the Ombudsman, the policy will be adapted to apply to the office of the Ombudsman in such a way as to ensure substantive compliance without impeding the office’s independence, or compromising the confidentiality of constituent information.

6. Monitoring and Audit

6.1 The Department of National Defence shall conduct periodic audits, in accordance with memorandums of understanding entered into between the Ombudsman and the Department of National Defence, of the finance and human resource files of the office of the Ombudsman in order to monitor compliance with legislation and policy and the delegations of authorities.

7. Corrective Measures

7.1 Where an audit finds that an employee of the office of the Ombudsman has improperly exercised delegated authorities, appropriate remedial measures shall be taken by the Ombudsman and, if required, in consultation and agreement with the Deputy Minister.

7.2 Any matter related to the actions or decisions of the Ombudsman shall be referred to the Governor in Council.

8. Interpretation

8.1 Nothing in this DAOD shall be construed as limiting the Ministerial Directives Respecting the Ombudsman for the Department of National Defence and the Canadian Forces.