Relationship to Parliament

The organization and operation of the Department of National Defence and the Canadian Forces are fundamentally shaped by Canada's political system. In our system, authority and responsibility are divided between the Legislature (Parliament) and the Executive (the Prime Minister and Cabinet), while an independent Judiciary upholds the laws of Canada and arbitrates disputes.

Under the Canadian Constitution, legislative authority rests with the Parliament of Canada - consisting of the Queen (represented by the Governor General), the House of Commons and the Senate. Parliament enacts statutes (i.e., laws) which govern public organizations. An Act of Parliament, the National Defence Act, created the Department of National Defence and the Canadian Forces. Executive government and authority rests with the Government of Canada - consisting of the Queen (i.e., the Governor General) aided and advised by the Queen's Privy Council for Canada. By custom, the Government consists of the Prime Minister and other Cabinet Ministers - who are the "active" Privy Councillors. Government Ministers are supported by the Public Service and other government organizations, including the Canadian Forces.

Canada's Political System

Cabinet Government and Ministerial Responsibility

Responsible government in Canada is based on the individual and collective responsibilities of Ministers. Ministers are held accountable by the Prime Minister and publicly by Parliament for the exercise of two fundamental responsibilities: the individual Minister's position or portfolio in the government; and support of the Cabinet team to which the Minister belongs.

Individually, a Minister is sworn to carry out the powers, duties and functions of his or her portfolio. In this regard, Parliament has provided a legislative base for each department of government. For example, the National Defence Act designates the Minister of National Defence as the Minister who is responsible to Parliament.

Collectively, Ministers oversee the conduct of national affairs. Ministers are collectively responsible before Parliament for the policies of the government as well as for the policies and programs of each Minister. Collective responsibility is in essence a pact with the Prime Minister and other Cabinet colleagues that they will stand together in the House and before the public. The Minister's individual actions affect his or her colleagues and the credit of the whole Ministry. There are common sense consequences: the Cabinet stands or falls together. A fundamental political limit to a Minister's powers is the necessary support of the Prime Minister and other colleagues for the Minister's proposals.

Ministers also decide collectively for very practical reasons. The responsibilities of one Minister inevitably have implications for other Ministers. In addition to Ministers needing the political support and counsel of their colleagues, policies and programs must be reviewed in relation to each other if they are to be successful. Ministers share both parliamentary time and the scarce financial resources of the budget.

In sum, both for constitutional and for very practical reasons, Ministers can only fulfill their individual responsibilities by acting in concert. Canadian Cabinet government requires Ministers to be continually seeking consensus upon their goals, policies, programs and even, to the degree the whole Ministry is affected, upon the means of implementing their programs.

In fact these principles are also often expressed in law through requirements for approval of ministerial actions by the Governor in Council or the Treasury Board, on matters such as program expenditures, regulations, appointments, management practices and standards of behaviour.

Relations with Parliament

The principle of Ministerial responsibility and answerability to Parliament is fundamental: Ministers answer to Parliament for their own actions and for the actions of all officials under their management and direction. The departmental Acts and any other Acts or organizations for which a Minister is responsible, together with the corresponding budgetary Estimates, provide a basic framework of responsibilities.

Changes to parliamentary rules have increased both the scope of parliamentary committee inquiry and the number of occasions on which a Minister and his or her officials may be asked to appear. The appearance of departmental and non-departmental officials before committees is an important means of informing Parliament. However, Ministers are required to ensure that officials respond only in accordance with their responsibility, and not on their own account.

The principle of ministerial responsibility and its political significance should guide Ministers and officials in appearances before committees. That is, Ministers are responsible and account to Parliament for the government's programs and activities; public servants are ultimately accountable to Ministers, rather than directly to Parliament; officials may assist Ministers by answering questions at committees, but they do so only on the Minister's behalf.

Matters of policy and political controversy are reserved for Ministers, principally because political answerability on the part of officials would undermine the authority and responsibility of their Ministers, and would inevitably draw officials into controversy, thereby destroying their neutrality and permanent utility to the system. Officials' answers are limited to explanations rather than to defences of policies or debate on alternative policies.

The constitutional responsibility of Ministers does not limit the obligation of other office holders - or members of the Canadian Forces or the Department of National Defence - to obey the law. Rather, it assures that Parliament may focus responsibility for the conduct of government on those of its members who hold Ministerial office and who in the end must personally answer to Parliament and thence the electorate for their actions and the actions of the subordinates.

Relations with the Public

Ministers and other public office holders have a duty to be responsive to public concerns and interests. Among other things, this means providing information to the public on the programs and activities of their department and of the other organizations for which Ministers are responsible under the law. It also means ensuring there has been effective consultation with the public so that Ministers can be sure that advice and options take full account of public views and concerns.

The role of departments is to support their Ministers in informing Parliament, advising Cabinet, implementing legislated mandates, government policies and directions, and managing programs and resources.

Conduct of Public Officials

Introduction

The fundamental principles applying to the conduct of public officials are long-established. There is an obligation not simply to observe the law, but to act both in official and, where appropriate, personal capacities in a manner so scrupulous that it will bear the closest public scrutiny.

Today, ethical conduct is subject to more intense public scrutiny than ever before. The public right of access to information reveals much more to be scrutinized, across a wide range of Ministerial and government activities.

Values

The values of serving in the public interest and of supporting a parliamentary democracy will always remain central to the role of the public sector. In the past, as in the future, these values are the foundation of the public sector.

Loyalty to the public interest as represented and interpreted by the duly elected government of the land. Loyally helping Ministers, under the rule of law, to serve the public good requires: respect for fundamental democratic values, such as accountability to Ministers and, through them, to the citizens of Canada; support for the government of the day; and respect for the rule of law and due process.

Service to Canada and Canadians. This is about values such as excellence, professional competence, quality and efficiency. Public servants must constantly renew their commitment to serve Canadians by enhancing the quality of service, by adapting to changing needs and by improving productivity.

Ethical values such as honesty, integrity and probity. While these values are no different from those found in other sectors of society, they take on a particular meaning in the Public Service, where they mean the ability to hold a public trust and to put the common good ahead of any private or individual self-interest.

People values such as fairness and equity. Because citizens in a democracy are equal bearers of rights and duties, it is a principle of public service that citizens should be treated equitably and not with special favour to some. Balancing the interests and preserving the rights of citizens in a fair and equitable manner is fundamental.

Adherence to Rules

The Department of National Defence and the Canadian Forces function within the bounds of existing laws and government policies - including management and personnel policies adopted by the Cabinet and the Treasury Board and administered by the central agencies.

Of special importance are the various statutes and conventions governing the decisions and actions of public servants and military personnel. These include broad framework laws such as the Canadian Charter of Rights and Freedoms and the Criminal Code, which define the rights, obligations, and conduct of all Canadians. Some laws, such as the National Defence Act, set out the authorities and responsibilities of particular government agencies, while others, such as the Financial Administration Act, establish the practices within which all departments and agencies must manage their affairs. Finally, Canada adheres to various international treaties, conventions and protocols, some of which have significant implications for employees of the Department of National Defence and members of the Canadian Forces. The last section of this annex briefly describes legislation having particular importance for the Department and the Forces.

Sometimes government action requires the passage of new legislation, but the government usually has sufficient authority under existing statutes and Orders in Council. When appropriate, Parliament and the public are consulted and advised of decisions taken. The Minister of National Defence may, for example, be tasked to provide Canadian Forces units and Departmental resources to help implement a decision of Cabinet. In so doing, he or she acts pursuant to the authority assigned to him or her under the National Defence Act. Similarly, the Chief of the Defence Staff, the Deputy Minister (and, in turn, other officials) would be acting pursuant to specific legislative authority or - more likely - authorities delegated from the Minister when carrying out his or her direction. In carrying out their responsibilities, public office holders - Ministers, public servants and members of the Canadian Forces - operate within a clear framework of law, government policy and management practices.

Date Modified: 2005-11-14

Important Notices