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DAOD 5029-2, Corrective Action and Revocation

Table of Contents

  1. Introduction
  2. Overview
  3. Applying Corrective Action and Revocation
  4. Compliance and consequences
  5. Responsibilities
  6. References

1. Introduction

Date of Issue: 2005-12-23

Effective Date: 2005-12-31

Date of Last Modification: 2025-03-01

Date of Last Review: 2025-03-01

Application: This DAOD is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members) who act as managers or supervisors of DND employees.

Approval Authority: Assistant Deputy Minister (Human Resources – Civilian) (ADM(HR-Civ))

Enquiries: Director General Human Resources Operations (DG HROps)

2. Overview

Purpose

2.1 This DAOD provides a general outline of the authority of the Deputy Minister (DM) of the DND to apply corrective action and revocation.

DM Delegated Authority

2.2 In accordance with section 15 of the Public Service Employment Act (PSEA), the DM has been delegated the authority to make appointments pursuant to the internal appointment process. The Instrument of Delegation of Human Resources Authorities for Public Service Employees of DND defines the powers and functions sub-delegated by the DM.

2.3 The authorization given to the DM includes the power to revoke appointments and to take corrective action whenever the DM, after investigation, is satisfied that an error, omission or improper conduct affected the selection of a person for appointment. The decision to investigate must be based on a review of the facts of each case.

2.4 Pursuant to subsection 24(2) of the PSEA, the DM's power to revoke an appointment cannot be sub-delegated. The DM’s power to revoke an appointment applies only to internal appointments made under the delegated authority of the DM.

2.5 The DM will suspend any internal investigation where there is reason to believe that the appointment was not free from political influence or where fraud may have occurred and refer the matter to the Public Service Commission.

Procedural Fairness

2.6 Any person affected prior to or following a decision to apply corrective action or to revoke an appointment must be accorded procedural fairness, including an opportunity to:

  1. present relevant facts; and
  2. have their position fully and fairly considered.

Official Languages

2.7 In accordance with the Official Languages Act, a person retains the right to use and to be addressed in the official language of the person's choice throughout the corrective action or revocation process.

Monitoring and Review

2.8 As directed by the PSC Appointment Policy, DND shall monitor and review activities related to the application of this DAOD in accordance with:

  1. the DND Staffing Measurement Framework; and
  2. DAOD 5005-2, Delegation of Authorities for Civilian Human Resources Management.

3. Applying Corrective Action and Revocation

Initial Review

3.1 When a complaint about an internal appointment is received, the DG HROps will, on behalf of the DM:

  1. review the complaint; and
  2. determine whether an investigation is warranted.

Investigation

3.2 If it is determined that an investigation is not warranted, the DG HROps must, on behalf of the DM, advise the complainant and any other relevant party of any consequent action, if applicable.

3.3 If it is determined that an investigation is warranted, the DG HROps must:

  1. conduct the investigation;
  2. during an investigation, if it appears that there is reason to believe that an appointment was not free from political influence or where fraud may have occurred, inform the DM through the ADM(HR-Civ); and
  3. following an investigation, make a recommendation to the DM through the ADM(HR-Civ) regarding the application of corrective action or the revocation of an appointment.

Provision of Information in Cases of Corrective Action

3.4 If it is determined that corrective action will be taken and the result of that corrective action will have a direct impact on a person, the affected person must be informed in writing of:

  1. the nature of the corrective action;
  2. the effective date of the corrective action and the reason for the determination; and
  3. their right to recourse, where applicable.

Provision of Information in Cases of Revocation

3.5 If it is determined that an appointment will be revoked, the affected employee must be informed in writing of:

  1. the effective date of the revocation and the reason for the determination;
  2. whether the DM will appoint the employee to another position for which the employee is deemed to meet the essential qualifications; and
  3. the employee's right to file a complaint and the time period within which to make a complaint to the Federal Public Sector Labour Relations and Employment Board on the ground that the revocation was unreasonable.

4. Compliance and consequences

Compliance

4.1 DND employees and CAF members must comply with this DAOD. Should clarification of the policies or instructions set out in this DAOD be required, DND employees and CAF members may seek direction through their channel of communication or chain of command, as appropriate. Managers and military supervisors have the primary responsibility for and means of ensuring the compliance of their DND employees and CAF members with this DAOD.

Consequences of Non-Compliance

4.2 DND employees and CAF members are accountable to their respective managers and military supervisors for any failure to comply with the direction set out in this DAOD. Non-compliance with this DAOD may have consequences for both the DND and the CAF as institutions, and for DND employees and CAF members as individuals. Suspected non-compliance may be investigated. Managers and military supervisors must take or direct appropriate corrective measures if non-compliance with this DAOD has consequences for the DND or the CAF. The decision of an L1 or other senior official to take action or to intervene in a case of non-compliance, other than in respect of a decision under the Code of Service Discipline regarding a CAF member, will depend on the degree of risk based on the impact and likelihood of an adverse outcome resulting from the non-compliance and other circumstances of the case.

4.3 The nature and severity of the consequences resulting from non-compliance should be commensurate with the circumstances of the non-compliance and other relevant circumstances. Consequences of non-compliance may include one or more of the following:

  1. the ordering of the completion of appropriate learning, training or professional development;
  2. the entering of observations in individual performance evaluations;
  3. increased reporting and performance monitoring;
  4. the withdrawal of any authority provided under this DAOD to a DND employee or CAF member;
  5. the reporting of suspected offences to responsible law enforcement agencies;
  6. the application of specific consequences as set out in applicable laws, codes of conduct, and DND and CAF policies and instructions;
  7. other administrative action, including the imposition of disciplinary measures, for a DND employee;
  8. other administrative or disciplinary action, or both, for a CAF member; and
  9. the imposition of liability on the part of Her Majesty in right of Canada, DND employees and CAF members.

Note – In respect to the compliance of DND employees, see the Treasury Board Framework for the Management of Compliance for additional information.

5. Responsibilities

Responsibility Table

5.1 The following table identifies the responsibilities associated with this DAOD:

The ... is or are responsible for ...

ADM(HR-Civ)
  • providing advice and guidance to the DM relating to this DAOD.

DG HROps
  • developing and communicating this DAOD to DND employees and CAF members who act as managers or supervisors of DND employees;
  • ensuring that the principles of procedural fairness are respected;
  • providing advice, guidance and recommendations to the DM, through the ADM(HR-Civ), with respect to this DAOD; and
  • monitoring and reviewing the application of this DAOD.

delegated persons
  • cooperating in investigations;
  • notifying the DM of any alleged error, omission or improper conduct in relation to an appointment; and
  • applying corrective measures as determined by the DM.

managers
  • complying with the requirements of this DAOD.

DND employees
  • notifying the DM of any alleged error, omission or improper conduct in relation to an appointment; and
  • cooperating in investigations.

6. References

Acts, Regulations, Central Agency Polices and Policy DAOD

Other References

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