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Delegation Questions and Answers

(updated June 15, 2007)

Delegation

Q. What is an Appointment Delegation and Accountability Instrument (ADAI)?

A. The ADAI is the instrument by which the Public Service Commission delegates its appointment and appointment-related authorities to deputy heads, enunciates the terms and conditions of delegation and sub-delegation, and outlines the accountability requirements. The appointment and appointment-related authorities stem from the Public Service Employment Act1 (PSEA), the Public Service Employment Regulations2 (PSER), the Public Service Official Languages Exclusion Approval Order3 (PSOLEAO), the Public Service Official Languages Appointment Regulations4 (PSOLAR), and the Employment Equity Act (EEA).

The ADAI consists of a letter and the following annexes:

  • Annex A, which lists the appointment and appointment-related authorities delegated to deputy heads. It specifies conditions and/or restrictions which may apply to an authority;
  • Annex B, which consists of the Staffing Management Accountability Framework; and
  • Annex C, which is added when specific arrangements are made with a deputy head.

Q. Does the Appointment Delegation and Accountability Instrument (ADAI) apply to separate agencies?

A. The ADAI applies to organizations that are subject to the Public Service Employment Act1 (PSEA). This includes some, but not all, separate agencies.

A list of the organizations which have signed an ADAI is available on the Web site of the Public Service Commission (PSC).

Q. Are all Appointment Delegation and Accountability Instruments (ADAI) the same?

A. No. Although most departments have signed the standard ADAI found on the Web site of the Public Service Commission, the ADAI can be modified to reflect the following situations:

  1. special arrangements are made with organizations which request them (e.g., special arrangements are made to allow a deputy head to sub-delegate appointment and appointment-related authorities to consultants). If so, an Annex C is attached to the ADAI.); and/or
  2. additional conditions or limitations are imposed on organizations as a result of the PSC's oversight activities.

Q. If a deputy head is absent or vacates the position, who will exercise his/her delegated appointment and appointment-related authorities?

A. Section 25 of the Public Service Employment Act1 (PSEA) specifies that, in the absence of the deputy head, his/her powers and functions may be exercised by the person designated by him/her to act in his/her absence. If no person has been designated or there is no deputy head, the powers and functions of the deputy head may be exercised by the person designated by the appropriate minister or any other person designated by the Governor in Council.

Q. The Appointment Delegation and Accountability Instrument (ADAI) is valid for the period for which the deputy head occupies his/her position. What happens if the deputy head changes?

A. A new ADAI is issued by the president of the Public Service Commission (PSC) to the new deputy head as soon as the PSC becomes aware of the change. The organization can continue to make appointments while waiting for the new ADAI to be issued and signed by the new deputy head, since the new ADAI is made effective on the date of appointment of the new deputy head.

Q. A new organization is created. Must it wait until an Appointment Delegation and Accountability Instrument (ADAI) is issued to start making appointments?

A. No. The ADAI is made effective on the date of appointment of its deputy head.

Q. What happens if, further to its oversight activities, the Public Service Commission (PSC) finds that an organization has inadequately exercised its delegated authorities? Will delegated authorities be withdrawn?

A. When the PSC finds, further to its oversight activities, that an organization has inadequately exercised its delegated authorities, it will take remedial measures. These can range from the imposition of additional conditions or limitations on delegated authorities to the withdrawal of some or all delegated authorities. The withdrawal of all delegated authorities would only occur in exceptional circumstances.

In accordance with the Staffing Management Accountability Framework, deputy heads will be expected to actively monitor the application of the delegated authorities to ensure compliance. It would therefore be expected that deficiencies would be corrected at the organizational level before they come to the attention of the PSC.

Q. If delegation is withdrawn, does it mean that the organization will not be required to carry out the transactional work?

A. No. Even if delegation is partially or completely withdrawn, the organization could still be required to continue to carry out the transactional work involved in the appointment process, subject to approval by the Public Service Commission (PSC) at key decision points. The PSC would then make the appointments.

Q. What conditions or limitations can be imposed as remedial measures?

A. Remedial measures are determined on a case-by-case basis.

The following are a few examples of measures taken by the Public Service Commission (PSC) in the past:

  • retention by the PSC of all authorities for EX resourcing processes;
  • sub-delegation limited to higher levels of management (for example, no lower than directors general or directors);
  • prior approval by the PSC of the choice of appointment process, the assessment tools, the assessment results and the candidate(s) being considered;
  • a PSC representative sitting on all assessment boards as advisor; and
  • quarterly reports on the accountability indicators defined in the Staffing Management Accountability Framework to be sent to the PSC.

Q. The Appointment Delegation and Accountability Instrument specifies that appointment and appointment-related decisions are to be fully documented and accessible for a period of five years from the last administrative action. What does "last administrative action" mean?

A. The "last administrative action" is the last appointment made from the process.

Q. Does the retention period apply to files related to processes under the old Act?

A. The Public Service Commission has determined that the retention period applies to all files that organizations held on December 31, 2005 and thereafter, that is, it applies to all staffing/appointment files regardless of which Act governed the related appointments.

1. PSEA 2003, c. 22, ss. 12, 13. This Act came into force on December 31, 2005.
2. PSER, SOR/2005-334. These Regulations came into force on December 31, 2005.
3. PSOLEAO, SI/2005-118. This Order came into force on December 31, 2005.
4. PSOLAR, SOR/2005-347. These Regulations came into force on December 31, 2005.

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Date Modified:
2007-06-15