Archived - Appointment Delegation and Accountability Instrument



Part 1 – Delegation, accountability and general terms and conditions related to the exercise of appointment and appointment-related authorities

Application

2. (1) This ADAI applies to all deputy heads listed in Appendix A – List of organizations and deputy heads subject to the Appointment Delegation and Accountability Instrument.

(2) (i) When the organization's enabling legislation specifically provides for the replacement of a deputy head during an absence, or when the position is vacant, the delegated authorities of the deputy head may be exercised by the person designated pursuant to the organization's enabling legislation.

(ii) If no such specific provision exists, in the absence of the deputy head of a delegated organization, the delegated authorities of the deputy head may be exercised by the person designated by the deputy head to act in their absence. If no person has been so designated, or if the position is vacant, the delegated authorities may be exercised by the person designated by the appropriate minister under the Financial Administration Act or by the person designated by the Governor in Council (GIC).

Delegation by the Public Service Commission to deputy heads

3. (1) Pursuant to the power provided by section 15 of the Public Service Employment ActFootnote1 (PSEA), the Public Service Commission (PSC) delegates to deputy heads listed in Appendix A the appointment and appointment-related authorities listed under Part 3 of this ADAI.

(2) Upon appointment or designation, deputy heads are deemed to have accepted the delegation of the PSC's appointment and appointment-related authorities as described in this ADAI.

(3) Delegated deputy heads may make appointments only to and within their own organization.

Accountability and responsibilities of deputy heads

4. Deputy heads are accountable to the PSC for all of the appointment and appointment-related authorities delegated to them, as well as for any authorities that they have sub-delegated.

5. Deputy heads must:

  1. Respect the terms and conditions outlined in this ADAI and ensure that all sub-delegated persons also adhere to the terms and conditions;
  2. Put in place a staffing management framework that:
    1. Outlines, in writing, the terms and conditions of sub-delegation;
    2. Ensures that the sub-delegated persons are provided with the training, information, tools and support that they need to fully understand and exercise appropriately their sub-delegated authorities;
    3. Establishes mandatory appointment policies for the area of selection, corrective action and revocation, as well as criteria for the use of non-advertised processes;
    4. Actively monitors, through file reviews, internal audits or other control mechanisms to ensure that:
      • The exercise of delegated and sub-delegated authorities comply with this ADAI and the terms and conditions of sub-delegation; and
      • Appointment decisions adhere to the requirements of the PSEA and other applicable statutory instruments and PSC and organizational appointment policies, including ensuring that appointments are based on merit and free from political influence and respect the values of fairness, access, transparency and representativeness;
    5. Ensures that action is taken in response to results of all monitoring, audits and investigations conducted by the organization or the PSC.
  3. Report to the PSC in the specified manner on:
    1. The indicators that are defined in the PSC Staffing Management Accountability Framework, including:
      • The analysis of the results of monitoring, such as file reviews, internal audits or other control mechanisms that the organization has undertaken and action taken in response to these results; and
      • The progress made by the organization to implement corrective actions following a PSC investigation, recommendations identified by a PSC audit or other PSC oversight activity; and
    2. Any reporting requirements identified in the PSC appointment policies;
  4. Provide the PSC with a copy of internal audit reports related to staffing;
  5. Make the sub-delegation terms and conditions and all organizational appointment policies accessible to all sub-delegated persons and employees within their jurisdiction, as well as to bargaining agents; and
  6. Provide timely access to all information and documents that the PSC deems necessary to conduct its audits, surveys, studies and investigations and take the necessary measures to ensure such access.

Obligations of persons exercising delegated appointment and appointment-related authorities

6. In exercising delegated appointment and appointment-related authorities, deputy heads and their sub-delegated persons must:

  1. Respect the terms and conditions of the ADAI as well as the terms and conditions of sub-delegation;
  2. Ensure that appointment decisions adhere to the requirements of the PSEA and other applicable statutory requirements and to PSC and organizational appointment policies, including ensuring that appointments are based on merit and free from political influence and that they respect the values of fairness, access, transparency and representativeness;
  3. Follow the policies of the Employer as they relate to human resources, as well as the Public Service Staffing Complaints Regulations;Footnote2
  4. Consult with all stakeholders, including bargaining agents, when developing and revising organizational appointment policies and practices;
  5. Ensure that appointment decisions are fully documented and are accessible for a period of five years after the last administrative action; and
  6. Recognize that personal information collected by the PSC and shared with organizations is done so pursuant to sections 4 to 8 of the Privacy Act,Footnote3 the Treasury Board of Canada Secretariat (TBS) Info Source publications and the PSC's Chapter of Personal Information Bank descriptions that address the collection, correction, retention, use, disclosure and disposal of personal information. When exercising delegated appointment and appointment-related authorities, organizations are responsible for respecting the Privacy Act, the TBS Policy on Government Security and other applicable policies. Organizations are also responsible for their respective Info Sourcepublications, if applicable.

Part 2 – Terms and conditions related to sub-delegating appointment and appointment-related authorities

Authorities that may be exercised only by the deputy head

7. The following authorities may be exercised only by the deputy head and may not be sub-delegated:

  1. Revoking appointments when, after an investigation of an internal appointment process, the deputy head is satisfied that an error, omission or improper conduct has affected the selection of a person for appointment, in accordance with subsections 15(3) and 67(2) of the PSEA; and
  2. For positions in the Executive Group, extending the agreement period to become bilingual for non-imperative appointments pursuant to the Public Service Official Languages Appointment RegulationsFootnote4 (PSOLAR).

Limitations to sub-delegation

8. (1) Only the deputy head may sub-delegate appointment and appointment-related authorities or limit or revoke sub-delegation.

(2) Sub-delegation must be made in writing.

(3) For positions in all groups, except for the Executive Group, as stated in 7 (b), above, the authority to extend the agreement period to become bilingual for non-imperative appointments pursuant to the PSOLAR may be sub-delegated only to persons occupying a position at the assistant deputy minister level or equivalent. (Appendix 4 of the Directive on Official Languages for People Management of TBS provides a definition for “equivalent.”)

Conditions to be met prior to sub-delegating

9. Prior to sub-delegating appointment and appointment-related authorities, deputy heads must ensure that those to whom they sub-delegate are and remain competent to exercise these authorities by having:

  1. Access to the ADAI, the sub-delegation terms and conditions and a clear description of their roles and responsibilities in relation to their sub-delegated appointment and appointment-related authorities;
  2. Completed training, as determined by the deputy head, with respect to their roles and responsibilities in exercising their sub-delegated appointment and appointment-related authorities; and
  3. Access to tools and a human resources (HR) advisor whose expertise in the Appointment Framework has been validated by the PSC.

Persons eligible for sub-delegation

10. Sub-delegated persons may make appointments only to and within organizations within the jurisdiction of the deputy head.

11. Deputy heads may, subject to the terms and conditions of this ADAI, sub-delegate their delegated appointment and appointment-related authorities to the following persons: 

  1. Employees within the deputy head's jurisdiction, excluding casual workers hired pursuant to subsection 50(1) of the PSEA;
  2. Associate deputy ministers (or other associate deputy head titles) within the deputy head's jurisdiction;
  3. GIC appointees whose functions fall under the deputy head's jurisdiction and who have both financial and HR responsibilities;
  4. Interchange Canada participants whose assignments are to positions under the deputy head's jurisdiction and who have both financial and HR responsibilities, provided that the assignment (including any extensions) is made in accordance with the TBS Policy on Interchange Canada and Directive on Interchange Canada; and
  5. Employees of another organization that is subject to the ADAI. However, such employees may not make appointments to positions in the Executive Group. The terms and conditions of sub-delegation applicable to such sub-delegated employees are those of the deputy head of the organization in which the appointment occurs.

12. Deputy heads who wish to sub-delegate authorities to persons other than those specified above must make a request to the PSC for a Specific Arrangement for Sub-delegation. Deputy heads who have such an arrangement are listed in Appendix C – List of organizations and deputy heads having a Specific Arrangement for Sub-delegation.

Part 3 – Delegated authorities and related specific terms and conditions

List of delegated authorities

13. (1) The following appointment and appointment-related authorities are delegated to deputy heads under subsection 15(1) of the PSEA.

General authorities related to appointments and appointment processes

(2) To make appointments to and within the public service, subject to the following conditions (PSEA subsection 29(1)):

  1. Prior to initiating any appointment process for positions of an indeterminate or specified period, a priority clearance number must be obtained from the PSC. Exceptions to this requirement are listed in the section on Priority Administration.
  2. The qualifications established for appointments to and within all groups and levels must meet or exceed the applicable qualification standards established by the Employer.
  3. Deputy heads must ensure that they have a letter of confirmation issued by the PSC and that a copy is maintained in the staffing file prior to considering the following candidates in an advertised internal appointment process:
    • Persons who have been employed for at least three years in the office of a minister or the office of the Leader of the Opposition in the Senate or the office of the Leader of the Opposition in the House of Commons, or in any of those offices successively (section 35.2 of the PSEA); and
    • Persons who were formerly employed for at least three years in an excluded position in the Office of the Secretary to the Governor General or in one or more of those positions consecutively (section 4.1 of the Office of the Governor General's Secretary Employment Regulations).Footnote5

(3) To make appointments that are based on merit and free from political influence (PSEA subsections 30(1)-(4)).

(4) To determine what appointment processes to use, whether advertised or non-advertised (PSEA section 33).

(5) To determine areas of selection (PSEA subsection 34(1)).

(6) To exclusively target members of designated employment equity (EE) groups in an area of selection or to expand an area of selection to include members of designated EE groups (PSEA subsections 34(1)-(2)).

(7) To use any assessment method considered appropriate, such as a review of past performance and accomplishments, interviews and examinations (PSEA section 36).

Authorities related to casual workers

(8) To appoint a person as a casual worker (PSEA subsection 50(1)).

Authorities related to oaths and solemn affirmation

(9) To administer oaths and receive solemn affirmations in the case of appointments from outside the part of the public service to which the Commission has the exclusive authority to make appointments (PSEA section 134).

Authorities related to preference and persons with a priority for appointment

(10) In an advertised external appointment process, to give preference in the following order (PSEA subsections 39(1)-(3)):

  1. A person in receipt of a pension by reason of war service, within the meaning of the PSEA schedule;
  2. A veteran or a survivor of a veteran, within the meaning of the PSEA schedule; and
  3. A Canadian citizen, within the meaning of the Citizenship Act,Footnote6 in any case where a person who is not a Canadian citizen is also a candidate.

 (11) To appoint a person (without considering priority persons) in order to avoid a situation in which that person would become a priority person (PSEA section 43).

(12) To appoint persons with priority entitlements ahead of all others and to appoint such persons in the following order of precedence:

  1. A person who was released from the Canadian Forces for medical reasons that the Minister of Veterans Affairs determines are attributable to service (PSEA section 39.1)
  2. A surplus employee within the deputy head's jurisdiction to another position within the deputy head's jurisdiction (PSEA section 40);
  3. An employee with a leave of absence priority or the person who replaced that employee (PSEA subsections 41(1), (5)-(6));
  4. A person who has been laid off (PSEA subsections 41(4)-(6)); and
  5. Persons with a regulatory priority entitlement (in no order of precedence):
    • A surplus employee (Public Service Employment Regulations (PSER) section 5);
    • An employee who becomes disabled (PSER section 7);
    • A member of the Royal Canadian Mounted Police who is discharged for medical reasons, or a member of the Reserve of the Royal Canadian Mounted Police who is discharged for medical reasons attributable to service (PSER section 7.1);
    • A member of the Canadian Forces  who is released for medical reasons (PSER section 8);
    • A person with a surviving spousal or common-law priority (PSER subsection 8.1);
    • An employee who is on a leave of absence granted as a result of the relocation of their spouse or common-law partner (PSER section 9); and
    • An employee with a reinstatement priority (PSER section 10).

Authorities related to informal discussion and notification

(13) Where a person has been informed, at any stage of an internal appointment process, that they have been eliminated from consideration for appointment, informally discuss the decision with that person at their request (PSEA section 47).

(14) To inform persons specified in paragraphs 48(1)(a) and 48(1)(b) of the PSEA of the name of the person being considered for each appointment (PSEA subsection 48(1)).

(15) To fix a waiting period during which appointments or proposed appointments may not be made (PSEA subsection 48(2)). The period must meet or exceed the minimum established by the PSC.

(16) To appoint a person or to propose a person for appointment, whether or not that person is the one previously considered and to inform persons who were advised further to subsection 48(1) of the PSEA of the name of the person being appointed or proposed for appointment (PSEA subsection 48(3)).

(17) To inform, in writing, further to an internal appointment process, the persons in the area of recourse of the name of the person who is proposed to be, or has been, appointed in an acting capacity, and of their right and grounds to make a complaint (PSER section 13).

Authorities related to investigations and revocations

(18) In delegated internal appointment processes, to revoke appointments and take corrective action after investigation (PSEA subsection 15(3)).

  1. In accordance with subsection 24(2) of the PSEA, the deputy head cannot sub-delegate the authority to revoke appointments; and
  2. In accordance with subsection 67(2) of the PSEA, the PSC may, at the request of the deputy head, investigate an internal appointment process that was conducted by a deputy head and report its findings to the deputy head.

(19) To appoint to another position a person whose appointment was revoked by the deputy head after investigation under subsection 15(3) of the PSEA (PSEA subsection 15(6)).

(20) To appoint to another position a person whose appointment was revoked:

  • Following an investigation conducted by the PSC at the request of the deputy head under subsection 67(2) of the PSEA (PSEA section 73); and
  • Following an investigation conducted by the PSC under section 66 (external appointment processes), subsection 67(1) (non-delegated internal appointment processes), section 68 (political influence) and section 69 (fraud) (PSEA section 73).

(21) To appoint to another position a person whose appointment was revoked as a result of a complaint upheld by the Public Service Labour Relations and Employment Board (PSEA section 86).

Authorities delegated by the Public Service Commission pursuant to the Public Service Official Languages Exclusion Approval OrderFootnote7 and the Public Service Official Languages Appointment RegulationsFootnote8

(22) To approve the exclusion from meeting official language proficiency requirements on an agreement to become bilingual (Public Service Official Languages Exclusion Approval Order (PSOLEAO) section 3) or on eligibility for an immediate annuity and submission of an irrevocable resignation (PSOLEAO section 5). Note: The PSC retains the authority to approve the exclusion from meeting official language proficiency requirements on medical grounds (PSOLEAO section 4).

(23) To extend the initial two-year period referred to in an agreement to become bilingual for one or more additional periods, not to exceed two additional years in total (Public Service Official Languages Appointment Regulations section 7):

  1. Deputy heads may not sub-delegate this authority for appointments to or within positions in the Executive Group;
  2. For appointments to positions in all other groups, deputy heads may sub-delegate this authority to persons occupying a position at the assistant deputy minister level or equivalent. (Appendix 4 of the Directive on Official Languages for People Management of the TBS provides a definition for “equivalent.”);
  3. Extensions must be due to:
    • Exceptional operational requirements that were not foreseeable at the time of the appointment;
    • Exceptional personal circumstances that were not foreseeable at the time of the appointment;
    • A physical, mental or learning impairment that hinders the learning of the other official language at the required level of proficiency; or
    • The inability to obtain language training at public expense.

Part 4 – Modifications and additional terms and conditions to delegation

Modifications

14. (1) The PSC may make modifications to update specific sections of the ADAI. Modifications are communicated via letters to deputy heads. Updated versions of the ADAI are posted at Delegation: Overview.

(2) Updates to Appendix A – List of organizations and deputy heads subject to the ADAI.

Additional terms and conditions to delegation

15. (1) The PSC may impose additional terms and conditions to the delegation of a deputy head, including the partial or complete withdrawal of the delegated appointment and appointment-related authorities outlined in Part 3 of this document, if it concludes that there has been a contravention of the terms and conditions of the ADAI or an abuse or misuse of delegated or sub-delegated authorities.

(2) The additional terms and conditions to delegation mentioned in subsection (1) do not form part of this ADAI. They are communicated separately to the deputy heads to whom those additional terms and conditions apply.

(3) The list of deputy heads subject to additional terms and conditions to delegation, including a description of those additional terms and conditions, is provided in Appendix B – List of organizations and deputy heads subject to Additional Terms and Conditions to Delegation.

Appendix A - List of organizations and deputy heads subject to the Appointment Delegation and Accountability Instrument

The deputy heads listed below have been delegated appointment and appointment-related authorities by the Public Service Commission and are subject to the terms and conditions of the Appointment Delegation and Accountability Instrument:

  • Administrative Tribunals Support Services of Canada, Chief Administrator
  • Agriculture and Agri-Food Canada, Deputy Minister
  • Atlantic Canada Opportunities Agency, President
  • Canada Border Services Agency, President
  • Canada School of Public Service, President
  • Canadian Environmental Assessment Agency, President
  • Canadian Grain Commission, Chief Commissioner
  • Canadian Heritage, Deputy Minister
  • Canadian Human Rights Commission, Commissioner
  • Canadian Intergovernmental Conference Secretariat, Secretary
  • Canadian Northern Economic Development Agency, President
  • Canadian Radio-television and Telecommunications Commission, Chairperson
  • Canadian Space Agency, President
  • Canadian Transportation Agency, Chairperson
  • Civilian Review and Complaints Commission for the RCMP, Chairperson
  • Copyright Board Canada, Vice-Chairman
  • Correctional Service Canada, Commissioner
  • Courts Administration Service, Chief Administrator
  • Department of Justice Canada, Deputy Minister and Deputy Attorney General of Canada
  • Department of Finance Canada, Deputy Minister
  • Economic Development Agency of Canada for the Regions of Quebec, President
  • Employment and Social Development Canada, Deputy Minister of Employment and Social Development Canada
  • Energy Supplies Allocation Board, Deputy Minister of Natural Resources Canada
  • Environment and Climate Change Canada, Deputy Minister
  • Farm Products Council of Canada, Chairperson
  • Federal Economic Development Agency for Southern Ontario, President
  • Financial Consumer Agency of Canada, CommissionerFootnote*
  • Fisheries and Oceans Canada, Deputy Minister
  • Global Affairs Canada, Deputy Minister of Foreign Affairs
  • Health Canada, Deputy Minister
  • Immigration and Refugee Board of Canada, Chairperson
  • Immigration, Refugees and Citizenship Canada, Deputy Minister
  • Indian Oil and Gas Canada, Deputy Minister of Indigenous and Northern Affairs CanadaFootnote*
  • Indian Residential Schools Truth and Reconciliation Commission, Chairperson
  • Indigenous and Northern Affairs Canada, Deputy Minister
  • Infrastructure Canada, Deputy Minister
  • Innovation, Science and Economic Development Canada, Deputy Minister
  • International Joint Commission (Canadian section), Chair of the Canadian Section
  • Library and Archives of Canada, Librarian and Archivist of Canada
  • Military Grievances External Review Committee, Chairperson
  • Military Police Complaints Commission of Canada, Chairperson
  • National Defence, Deputy Minister
  • National Energy Board, ChairpersonFootnote*
  • Natural Resources Canada, Deputy Minister
  • Office of the Chief Electoral Officer, Chief Electoral Officer
  • Office of the Commissioner for Federal Judicial Affairs Canada, Commissioner of Federal Judicial Affairs
  • Office of the Commissioner of Canada Elections, Commissioner of Canada ElectionsFootnote+
  • Office of the Commissioner of Lobbying of Canada, Commissioner of Lobbying
  • Office of the Commissioner of Official Languages, Commissioner
  • Office of the Director of Soldier Settlement, Deputy Minister of Veterans Affairs Canada
  • Office of the Director of Veterans' Land Act, Deputy Minister of Veterans Affairs Canada
  • Office of the Governor General's Secretary, Secretary to the Governor General
  • Office of the Information Commissioner of Canada, Information Commissioner
  • Office of the Privacy Commissioner of Canada, Privacy Commissioner
  • Office of the Public Sector Integrity Commissioner of Canada, Commissioner
  • Office of the Superintendent of Bankruptcy, Deputy Minister of Innovation, Science and Economic Development Canada
  • Office of the Superintendent of Financial Institutions Canada, SuperintendentFootnote*
  • Parole Board of Canada, Chairperson
  • Patented Medicine Prices Review Board Canada, Chairperson
  • Prairie Farm Rehabilitation Administration, Director of Rehabilitation (Deputy Minister of Agriculture and Agri-food Canada)
  • Privy Council Office, Clerk of the Privy Council and Secretary to the Cabinet
  • Public Health Agency of Canada, Chief Public Health Officer of Canada
  • Public Prosecution Service of Canada, Director of Public Prosecutions
  • Public Safety Canada, Deputy Minister
  • Public Service Commission of Canada, President
  • Public Services and Procurement Canada, Deputy Minister
  • Registrar of the Supreme Court of Canada, Registrar
  • Royal Canadian Mounted Police External Review Committee, Chairperson
  • Royal Canadian Mounted Police, Commissioner
  • Shared Services Canada, President
  • Statistics Canada, Chief Statistician
  • Status of Women Canada, Coordinator of the Office of the Coordinator of Status of Women
  • The Correctional Investigator Canada, Correctional InvestigatorFootnote*
  • Transportation Safety Board of Canada, Chairperson
  • Transport Canada, Deputy Minister
  • Treasury Board of Canada Secretariat, Secretary
  • Veterans Affairs Canada, Deputy Minister
  • Veterans Review and Appeal Board, Chairperson
  • Western Economic Diversification Canada, Deputy Minister

Footnotes

Appendix B - List of organizations and deputy heads subject to additional terms and conditions to delegation

In addition to being subject to the Appointment Delegation and Accountability Instrument, the deputy heads listed below have the following additional terms and conditions to their delegated appointment and appointment-related authorities:

  • Currently there are no organizations subject to additional terms and conditions to delegation.

Appendix C - List of organizations and deputy heads having a Specific Arrangement for Sub-delegation

The deputy heads listed below have a Specific Arrangement for Sub-delegation with the Public Service Commission, made in accordance with section 12 of the Appointment Delegation and Accountability Instrument.

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