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Delegation Questions and Answers

(Amended on October 22, 2008. )

Sub-Delegation

Q. What is the difference between subsections 24(1) and 24(2) of the Public Service Employment Act1 (PSEA)?

A. Under the PSEA, subsection 24(1) allows the deputy head to delegate authorities (e.g., deployments) that are conferred directly to him or her in the legislation. Subsection 24(2) allows the deputy head to sub-delegate authorities (e.g., appointments) delegated to him or her by the Commission under subsection 15(1) of the PSEA.

Q. Can you explain what "subject to Commission's approval" means in subsection 24(2) of the Public Service Employment Act1?

A. "Subject to the Commission's approval" means that the Commission, which consists of the President of the Public Service Commission and the Commissioners, must approve the delegation of appointment and appointment-related authorities to the deputy head, as well as any conditions and limitations.

Q. To whom can deputy heads sub-delegate their appointment and appointment-related authorities?

A. The deputy heads can sub-delegate their appointment and appointment-related authorities 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:

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

Should deputy heads wish to sub-delegate authorities to persons other than those specified above, they must make a specific arrangement with the PSC. Instructions on how to make a specific arrangement with the PSC can be found on the PSC Web site.

Details on who can be sub-delegated and how to sub-delegate can be found in the Guide to the Sub-delegation of Appointment and Appointment-related Authorities.

Q. Must deputy heads link sub-delegation of appointment and appointment-related authorities with sub-delegation of financial authorities?

A. Deputy heads may decide to link appointment and appointment-related authorities with others, such as financial authorities; however, there is no requirement to do so, except for Governor in Council (GIC) appointees and Interchange Canada (IC) participants. GIC appointees and IC participants can be sub-delegated appointment and appointment-related authorities only if they have both financial and human resources responsibilities.

Q. Can a deputy head sub-delegate appointment and appointment-related authorities to employees from another organization who are acting or are on secondment within his or her organization?

A. Yes, if they are employees as defined in section 2 of the Public Service Employment Act. The Appointment Delegation and Accountability Instrument stipulates that deputy heads can sub-delegate appointment and appointment-related authorities to employees within their organization. Employees acting or seconded from another organization are employees of their home organization, as well as employees within the host organization.

Q. Can deputy heads sub-delegate appointment and appointment-related authorities to Interchange Canada participants?

A. Yes, deputy heads can sub-delegate their appointment and appointment-related authorities to Interchange Canada (IC) participants whose assignments fall under their jurisdiction 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.

Q. Can deputy heads sub-delegate appointment and appointment-related authorities to members of the Canadian Forces (CF)?

A. The deputy head of the Department of National Defence (DND) has been conferred the authority to sub-delegate appointment and appointment-related authorities to CF members. Terms and conditions have been listed under Annex C - Specific Arrangements for Sub-delegation to Persons Outside the Jurisdiction of the Deputy Head in DND’s Appointment Delegation and Accountability Instrument.

Q. Can deputy heads sub-delegate appointment and appointment-related authorities to members of the Royal Canadian Mounted Police (RCMP)?

A. The deputy head of the RCMP can sub-delegate all appointment and other appointment-related authorities (in relation to positions in all occupational groups) only to Human Resources staff (including both employees and members of the RCMP). One exception is the authority to administer the oath or solemn affirmation. The deputy head of the RCMP can sub-delegate this authority to any employee or member of the RCMP.

Q. Can deputy heads sub-delegate appointment and appointment-related authorities to consultants or casuals?

A. No, unless a specific arrangement is made with the Public Service Commission (PSC).

Consultants and casuals are not employees as defined in section 2 of the Public Service Employment Act1 (PSEA). Deputy heads cannot therefore sub-delegate appointment and appointment-related authorities to them unless a specific arrangement has been made with the PSC.

Q. If a deputy head is interested in making a specific arrangement with the Public Service Commission, what are the procedures?

A. Instructions on how to make a specific arrangement with the PSC can be found on the PSC Web site.

Q. Can deputy heads decide to sub-delegate appointment and appointment-related authorities to human resources specialists instead of managers?

A. There is nothing in the legislation that prohibits the sub-delegation of appointment and appointment-related authorities to human resources (HR) specialists. However, the Preamble to the Public Service Employment Act1 (PSEA) states that the "delegation of staffing authority should be to as low a level as possible within the public service, and should afford public service managers the flexibility necessary to staff, to manage and to lead their personnel to achieve results for Canadians." This is interpreted as meaning that appointment and appointment-related authorities should be principally sub-delegated to managers. The Preamble to the Act lays out the spirit and intent of the legislation and embodies the government's goals for the public service.

It should be noted that successful completion of the Appointment Framework Knowledge Test (AFKT) is not a requirement for HR specialists to be sub-delegated. The purpose of the AFKT is to validate HR specialists' expertise in the Appointment Framework of the Public Service Commission. Access to HR specialists whose expertise in the Appointment Framework has been validated is a condition of sub-delegation to managers, as established in the Appointment Delegation and Accountability Instrument.

Q. How should deputy heads sub-delegate appointment and appointment-related authorities within their organization? Should sub-delegation be made to a person or a position?

A. Deputy heads decide which approach best suits their organization. They may identify sub-delegated persons by name, by title or by other means (such as management level) provided it is clear to whom these appointment and appointment-related authorities are sub-delegated. A Guide to the Sub-delegation of Appointment and Appointment-related Authorities is available on the Web site of the Public Service Commission.

Q. How should persons be informed that they have been sub-delegated appointment and appointment-related authorities?

A. Deputy heads must sub-delegate in writing (by e-mail, regular mail, or by posting a message on the organization's intranet site).

Q. If the deputy head modifies, restricts or withdraws sub-delegation, must the sub-delegation instrument be modified?

A. Yes. Such changes would require that the instrument of sub-delegation be amended and that these changes be communicated in writing to interested parties.

Q. Can sub-delegated managers sub-delegate their appointment and appointment-related authorities?

A. No. The Public Service Commission has specified in the Appointment Delegation and Accountability Instrument that only the deputy head may sub-delegate appointment and appointment-related authorities, and this would include modifying, restricting or withdrawing them.

Q. Can a manager impose restrictions on the conduct of staffing activities by subordinate managers? For example, can a manager impose a 'freeze' on staffing activities?

A. Yes. For example, a senior manager may require that his/her subordinate managers discuss their staffing plans with him/her if they involve any new expenditures, or he/she may direct that appointments from on-going selection processes be delayed until the new fiscal year.

Q. If a manager imposes restrictions on the conduct of staffing activities (such as a "freeze" on staffing activities), does the instrument of sub-delegation need to be amended?

A. No. Such restrictions are administrative in nature and do not require a change to the instrument of sub-delegation.

Q. Must the approach to sub-delegation and the list of sub-delegated authorities be reviewed each time a new deputy head is appointed? Must a new sub-delegation instrument be issued?

A. No. There are no such requirements but the new deputy head may take the opportunity to do so.

Q. What is the role of a sub-delegated manager? Is it limited to signing the letter of offer?

A. The sub-delegated manager makes all the decisions at the decision points of an appointment process and is accountable for them. For example, the role of the manager is to set the merit criteria, decide which of the merit criteria will be assessed/applied for each position and select the person(s) to be appointed. The manager may, however, call upon other players to assist him/her in making the decisions and in administering the appointment process. The Web site of the Public Service Commission entitled "Appointment Process: Suggested Activities at the Different Decision Points" identifies the decision points as well as the potential contributions or activities of the different players at those points in an appointment process.

1. PSEA 2003, c. 22, ss. 12, 13. This Act came into force on December 31, 2005.

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Date Modified:
2009-02-16