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Delegation Policy

(for the exclusive use of the Commission)

(Amended on October 22, 2008.)

Policy Statement

The Public Service Commission (PSC) maximizes the delegation of the new Public Service Employment Act¹ (PSEA) appointment and appointment-related authorities to deputy heads while providing measures to ensure the overall integrity of appointments, including the protection of merit and non-partisanship, within the federal public service.

Policy Objective

To ensure that the delegation of the PSEA authorities safeguards the integrity of appointments.

Approach to Delegation

When delegating appointment and appointment-related authorities, the PSC ensures the best interests of the public service and is guided by the key provisions of the PSEA, particularly the principles set out in the Preamble.

The framework for delegating appointment and appointment-related authorities ensures accountability and oversight, to the satisfaction of Parliament and the public.

The PSC delegates to deputy heads who meet the definition provided under subsection 2(1) of the PSEA.

The PSC delegates to deputy heads all the appointment and appointment-related authorities they require to fully assume their management responsibilities and execute their human resources plans.

The Appointment Delegation and Accountability Instrument (ADAI) is signed by deputy heads to confirm their acceptance of the delegated authorities and their commitment to respecting all conditions therein. A signed ADAI is valid for the period for which a deputy head occupies the position. A new ADAI is signed as soon as possible upon the appointment of a new deputy head.

In delegating appointment and appointment-related authorities, the PSC reminds deputy heads to respect:

the Preamble to the PSEA, which stipulates in particular that authorities should be sub-delegated;
all statutory instruments as they pertain to the integrity of appointments; and
the core appointment values of merit and non-partisanship, as well as the guiding values of fairness, transparency, access and representativeness.

For each authority proposed for delegation, the PSC assesses the risks to merit or the integrity of appointments and establishes appointment policies; conditions and/or limitations to delegation and/or sub-delegation; and monitoring requirements to mitigate the risks.

When the PSC concludes that there has been a contravention or an abuse of delegated or sub-delegated authorities, it takes remedial measures. These could include additional conditions or limitations or the partial or complete withdrawal of some or all delegated authorities.

Limitations to Delegation

The PSC only delegates those authorities which do not compromise its independence as an agency accountable to Parliament (section 15 of the PSEA).

The PSC retains the following authorities:

to confirm whether former ministers’ staff meet the criteria set out in section 35.2 of the PSEA and may thus, during a period of one year after ceasing to be so employed, participate in internal advertised processes;
to determine whether a person in an excluded position in the Office of the Secretary of the Governor General is entitled to a priority;
to appoint a priority from the Office of the Secretary of the Governor General to the EX Group;
to establish appointment policies for the public service;
to revoke an appointment, not make the appointment, or to take corrective action further to investigations conducted pursuant to the PSEA, paragraphs 66(a) and (b) - external appointments; 67(1)(a) and (b) - non-delegated internal appointments; 68(a) and (b) - political influence; and 69(a) and (b) - fraud; and
to exempt a person, on medical grounds, from having to meet language requirements in non-imperative appointments pursuant to the Public Service Official Languages Exclusion Approval Order² (PSOLEAO).

Sub-Delegation

In accordance with the PSEA, deputy heads can sub-delegate to any person. However, the PSC restricts sub-delegation as follows:

For appointments to all positions, including those in the Executive Group:

Associate Deputy Ministers (or other associate deputy head title);
Governor in Council (GIC) appointees whose functions fall under the jurisdiction of the deputy head and who have both financial and human resources responsibilities;
Interchange Canada (IC) participants whose assignments fall under the jurisdiction of the deputy head and who have both financial and human resources responsibilities, provided that the IC assignment (including any extensions) is in accordance with the Employer’s Policy and Directive on IC; and
employees within the deputy head’s organization.

In addition, for appointments to all positions, excluding those in the Executive Group:

employees in another organization that has an ADAI with the PSC.

Sub-delegation to GIC appointees or IC participants is to be limited to the period of appointment or assignment to the position.

Prior to granting sub-delegation, deputy heads are to ensure that sub-delegated officials are and remain competent to exercise their appointment and appointment-related authorities. Furthermore, sub-delegated officials must have access to:

necessary training;
a human resources specialist whose expertise in the Appointment Framework has been validated by the PSC; and
the ADAI and a clear description of their roles and responsibilities in relation to the appointment and appointment-related authorities being sub-delegated to them.

Transition Period

The Staffing Delegation and Accountability Agreement (SDAA) under the previous PSEA (1967) continues to apply with respect to the application of the transitional provisions which are found in sections 69 to 84 of the Public Service Modernization Act.

The exclusions approved under the previous Public Service Official Languages Exclusion Order (PSOLEAO) (1981) will remain subject to the SDAA and the previous PSOLEAO (1981).

1. PSEA 2003, c. 22, ss. 12, 13. This Act came into force on December 31, 2005.
2. PSOLEAO, SI/2005-118. This Order came into force on December 31, 2005.

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Date Modified:: 2009-02-16

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