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Overview of FAA Direct Authorities


Overview

The Human Resources Management Accountability Framework outlines the expectation for departments and agencies to have the people, work environment, and focus on building capacity and leadership to assure success and a confident future for the public service of Canada. Good human resources management is an important building block in achieving this goal, and ultimately, in continuously improving and building the human capacity of the public service to deliver services to Canadians as outlined in Results for Canadians.   

Performance management is a key enabler of effective human resources management and the achievement of organizational effectiveness and results. Effective performance management fosters integration of employee performance with organizational goals and results; engagement, responsibility and accountability for on-the-job performance and organizational results; and, fairness, consistency and transparency in the treatment, recognition and promotion of people. Integral to performance management are leadership, communication, coaching, mentoring, learning, development and recognition. Performance management results in a work culture in which excellence in performance is encouraged and recognized, and unsatisfactory performance effectively managed.

The legislative base which grants direct authorities to deputy heads is in Sections 11 and 12 of the Financial Administration Act (FAA). In exercising this authority it is understood that there is a need to ensure consistency and coherence within the public service with respect to decisions on disciplinary and non-disciplinary actions. It is for this reason that the guidance documents which follow require departments and agencies, in some instances, to consult with the Employer Representation Group of the Treasury Board Secretariat before taking certain actions which could have a serious impact on an person's employment. In the exercise of these authorities, deputy heads will be guided by the Values and Ethics Code for the Public Service and will also be influenced by a department's culture and operational realities.

The following guiding principles are intended to ensure that there is an appropriate balance between the need for flexibility and consistency. These guiding principles should be kept in mind when departments define their approaches to managing performance and disciplinary issues. Public servants are, first and foremost, employees of the Government of Canada; and as such, they and the Canadian public are entitled to expect that:

  • Public service managers are exemplary in the management of employees and the creation of a respectful environment.
  • Employees will be treated fairly and equitably among organizations.
  • Decisions are based on common values and principles shared across the public service which send a consistent message to all employees.
  • Decisions which significantly affect the employees' career and livelihood reflect the value of respect towards the employee and are consistent with the principles of good human resources management.

When it becomes necessary to deal with performance and/or conduct issues, it is important to ensure employees are treated fair an equitably between organizations and that decisions are based on common values and principles shared across the public service. It is in this context that the Treasury Board has developed guidance for deputy heads and managers in accordance with its authority under Section 11.1 (f) and (g) of the Financial Administration Act (FAA). This guidance reflects the principles outlined above as it relates to:

  • Disciplinary action for misconduct
  • Demotion/Termination of Employment for Unsatisfactory Performance
  • Demotion/Termination of Employment for Reasons Other than Discipline (Medical Incapacity)
  • Rejection on Probation