A Path Forward: Annex E—6.1. Cover Page for Staffing

SECTION 6: STAFFING

INSTRUMENT OF DELEGATION OF STAFFING AUTHORITIES FOR THE OMBUDSMAN AND THE OFFICE OF THE DND-CF OMBUDSMAN

This section of the Instrument of Delegation of Human Resources Authorities for the Ombudsman and the Office of the Ombudsman for the Department of National Defence and the Canadian Forces is to be read in conjunction with the Appointment Delegation and Accountability Instrument (the instrument of delegation from the Public Service Commission to Deputy Heads (ADAI)) and the following directions.

The Ombudsman is a Governor-in-Council appointee whose functions fall outside of the Deputy Minister’s organization. Accordingly, the Deputy Minister requires a specific arrangement for sub-delegation with the Public Service Commission (PSC) permitting sub-delegation to the Ombudsman.

All managers of the office of the DND-CF Ombudsman exercising sub-delegated authorities shall ensure that appointment decisions adhere to the requirements of the Public Service Employment Act, to other applicable statutory requirements, and to PSC and departmental appointment policies. This includes ensuring that appointments are based on merit, free from political influence, and that they respect the values of fairness, access, transparency, and representativeness. The Ombudsman, the Director General Operations, the Director General Legal Services, and all Directors of the office of the DND-CF Ombudsman are subject to and must exercise their authorities in accordance with the Appointment Sub-delegation and Accountability Instrument between the Ombudsman and the Deputy Minister, including any memorandum of understanding referenced therein.

Managers are accountable for the proper exercise of their sub-delegated authorities. Appointment authorities can only be exercised by those who occupy a sub-delegated position, have completed the training and certification specified as a condition by Assistant Deputy Minister (Human Resources – Civilian), and have accepted the terms of their sub-delegation in writing. Sub-delegated managers are to avail themselves of the advice and guidance of the certified Human Resources Officer (HRO) internal to the office of the DND-CF Ombudsman in the exercise of their staffing responsibilities and maintain their level of competence with a clear understanding of roles and responsibilities.

Managers cannot sub-delegate their staffing authorities to subordinate employees. However, this does not prevent sub-delegated managers from assigning non-delegated subordinate employees various tasks associated with the staffing process. HROs are not sub-delegated to exercise staffing authorities on behalf of their client managers.

Any person officially appointed in an acting capacity would carry the authority to exercise sub-delegation, provided they have undertaken any training specified as a condition of sub-delegation and are sub-delegated. Otherwise, authorities are to be exercised by a sub-delegated individual higher in the chain of management.

All sub-delegated persons are accountable for their overall performance and compliance with the conditions of staffing delegation. Innovation and reasonable risk taking are encouraged in the conduct of staffing in order to produce positive results, take maximum advantage of available flexibilities, and establish best practices. Deliberate contravention of the legislative, regulatory, and policy requirements or abuse of authorities will be treated as a serious matter.  Depending on the circumstances, remedial measures could include imposing additional conditions or limitations on the sub delegated staffing authorities or the partial or complete withdrawal of delegation.  Disciplinary measures may also be considered where appropriate.

Unless otherwise stated, these authorities relate to non-EX positions only. For authorities related to EX positions, refer to the Instrument of Delegation of Executive Management Authorities portion of the Instrument of Delegation of Human Resources Authorities for the Ombudsman and the Office of the Ombudsman for the Department of National Defence and the Canadian Armed Forces.

This instrument takes effect on day/month/ 2017.