Appointment Delegation and Accountability Instrument

(amended August 25, 2006 - changes indicated in blue text)

(Date)

Name of Deputy Head
Title
Organization
Address  

Dear (name of deputy head):  

The purpose of this letter is to establish, between your organization and the Public Service Commission (PSC) of Canada , an Appointment Delegation and Accountability Instrument (ADAI) under the new Public Service Employment Act (PSEA).  

This instrument identifies the appointment and appointment-related authorities being delegated, the authorities you may sub-delegate, the conditions of the delegation, and how you will be held accountable.  

Delegated Authorities 

Upon acceptance of this agreement, you will be able to make appointments to and within the public service for all occupational groups and levels within your jurisdiction. Two exceptions to this are the appointments to the Executive Group of priorities from the Office of the Secretary of the Governor General and of ministerial staff priorities, because of the potentially high risk to non-partisanship. The detailed list of delegated appointment and appointment-related authorities is enclosed as Annex A. It can also be found on the PSC Web site at www.psc-cfp.gc.ca/psea-lefp/framework/delegation/adai/authorities_e.htm .  

Supporting material, such as definitions of the appointment values (fairness, access, and transparency) and links to pertinent acts, regulations, policies, exclusion approval orders, tools, and other useful information, can also be found on the Web site.  

Sub-Delegation 

The Preamble of the new PSEA recognizes that appointment and appointment-related authorities should be sub-delegated to as low a level as possible.  However, only you, as deputy head, may exercise the following authorities: 

• extending the agreement period to become bilingual in non-imperative appointments to positions in the Executive Group;
• revoking appointments when, after an investigation of an internal appointment process, you are satisfied that an error, an omission or improper conduct affected the selection of a person for appointment, in accordance with the new PSEA, subsections 15(3) and 24(2); and
• sub-delegating appointment and appointment-related authorities or revoking sub-delegation. 

You may sub-delegate authorities, in writing, to one or more persons as follows:  

• for appointments to positions in the Executive Group: only to employees within your organization, unless a specific arrangement has been made with the PSC; and
• for appointments to all other positions: only to employees within your organization or to employees in another organization which has an ADAI with the PSC, unless a specific arrangement has been made with the PSC. 

Although you may sub-delegate authorities to employees in another organization which has an ADAI with the PSC, they may make appointments only to and within your organization.  

It is important to note that, prior to granting sub-delegation, you are to ensure that those to whom you sub-delegate are and remain competent to exercise your appointment and appointment-related authorities.  Furthermore, they must have access to:  

• necessary training;
• a human resources specialist whose expertise in the Appointment Framework (new PSEA) 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. 

Conditions of Delegation 

In exercising delegated authorities, you and your sub-delegated officials will:  

• respect merit, non-partisanship, and the appointment values (fairness, access, and transparency);
• ensure that appointment decisions adhere to the requirements of the new PSEA, the Public Service Employment Regulations, and any other statutory instruments (such as exclusion approval orders, the Employment Equity Act, the Official Languages Act, the Privacy and Access to Information Acts, etc.) as they pertain to the integrity of appointments and the appointment values;
• adhere to the PSC's appointment policies;
• when developing and applying departmental appointment policies and practices, consider and balance the organization's business needs, employment equity and human resources management goals, the interests of the public service, and the career aspirations of employees;
• consult with all stakeholders, including bargaining agents, in developing and revising departmental appointment policies and practices;
• respect the terms and conditions that apply to specific delegated appointment and appointment-related authorities (Annex A);
• respect the accountability requirements;
• make the ADAI and all departmental policies, as well as sub-delegation terms and conditions, accessible to all sub-delegated officials, employees and bargaining agent members; and
• ensure that appointment and appointment-related decisions are fully documented and are accessible for a period of five years from the last administrative action. 

In addition, it is expected that you and your sub-delegated officials will follow the policies of the employer, as well as the regulations of the Public Service Staffing Tribunal, as they pertain to the integrity of appointments and the appointment values.  

Accountability and Audit 

You are accountable to the PSC for all the appointment and appointment-related authorities delegated to you, as well as for any authorities that you have sub-delegated.  You must:  

• put in place your own management framework based on the Staffing Management Accountability Framework (SMAF) provided by the PSC.  Details on the SMAF can be found on the PSC Web site at http://www.psc-cfp.gc.ca/psea-lefp/framework/accountability/index_e.htm.
• actively monitor, through internal audits and other review measures, the application of the delegated authorities to ensure compliance with this ADAI, as well as with the new PSEA, and any other statutory requirements and policies as they pertain to the integrity of appointments and the appointment values;
• report to the PSC, in the prescribed manner, on the accountability indicators that are defined in the SMAF; on any reporting requirements identified in the appointment policies; and on the internal audits and studies that your department has done or intends to do; and
• provide timely access to all information and documents that the PSC deems necessary to conduct its audits, special surveys, studies, and investigations, and develop the systems to ensure such access.  

Remedial Measures 

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

Effective Date 

This instrument will be effective on (date) and will be valid for the period for which you occupy the position of deputy head of your organization.  Modifications will be considered at the request of either party, at any time.  

Transition Period and Transitional Provisions 

Your organization's Staffing Delegation and Accountability Agreement (SDAA) under PSEA 1967 continues to apply with respect to the application of the transitional provisions in sections 69 to 84 of the Public Service Modernization Act.  

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

Signature 

To confirm your acceptance of this delegation arrangement, please sign below and return a copy to me by (date).  

A version of this agreement in the other official language is enclosed for your reference.  

Yours sincerely,  
 
Maria Barrados, PhD  

Acceptance by the Deputy Head 

I hereby accept:  

• the delegation of the Public Service Commission's (PSC) appointment and appointment-related authorities as described above; and
• accountability to the PSC for all the authorities delegated to me, as well as for any authority that I sub-delegate to employees within my organization or in another organization that has an Appointment Delegation and Accountability Instrument (ADAI) with the PSC, or in any other organization for which I have made a specific arrangement with the PSC. 

I commit to:  

• respecting all the terms and conditions outlined in this ADAI; and
• ensuring that all sub-delegated officials are competent and aware of the terms and conditions of this ADAI, and will adhere to them. 

Name of deputy head 
Title
Organization 
Date