Policies for Ministers' Offices - January 2011

1.1.1 Ministers' exempt staff

As a condition of employment, ministers' exempt staff is subject to the Conflict of Interest Act and are also subject to the Ethical Guidelines for Public Office Holders as described in Annex G of the Accountable Government: A Guide for Ministers and Ministers of State. Ministers' exempt staff who work less than 15 hours per week are public office holders. Ministers' exempt staff who work more than 15 hours per week are reporting public office holders. Public office holders are subject to certain sections of the Act, including sections 33 and 34 of Part III of the Act regarding post-employment measures. Reporting public office holders are subject to all provisions of the Conflict of Interest Act. The minister may also designate any exempt staff members as a reporting public office holder, in consideration of their specific responsibilities.

Political staff members are subject to the instructions issued by the Prime Minister in Accountable Government: A Guide for Ministers and Ministers of State (2011). According to section VI.1:

Exempt staff [members] do not have the authority to give direction to public servants, but they can ask for information or transmit the minister's instructions, normally through the deputy minister.

Accountable Government also provides that:

In meeting their responsibility to respect the non-partisanship of public servants, exempt staff [members] have an obligation to inform themselves about the appropriate parameters of public service conduct, including public service values and ethics, and to actively assess their own conduct and any requests they make to departmental officials in the light of those parameters.

Exempt staff should also be aware of post-employment obligations as referenced in the Lobbying Act.

As soon as they are known, the minister, or his or her delegate designate, is responsible for communicating in a timely and expeditious manner to the Office of the Conflict of Interest and Ethics Commissioner the names and titles (designations) of all newly hired, and departures and terminations of exempt staff members, as well as the number of hours worked per week. Exempt staff members to whom Part II of the Act applies must comply with its requirements within 120 days.

1.1.2 Departmental employees

Departmental staff assigned to the office of a minister must comply with the requirements of the Values and Ethics Code for the Public Service. On assignment to such an office, the employee must review his or her circumstances in light of the newly assigned duties and, if necessary, complete a confidential report and submit it to the deputy minister or his or her representative.

3.2.1 Exempt staff position complements

The Public Service Employment Act (PSEA) identifies only one job title for ministers’ exempt staff members, that of executive assistant. However, other job titles have been approved by the Treasury Board. The Exempt Staff Position Structure is available in Appendix A.

A minister or minister of state must respect the following conditions:

• there is a maximum of one chief of staff for any minister or minister of state’s office;
• the appointment of a chief of staff is subject to prior written and ongoing agreement of the Prime Minister’s Office;
• there is a maximum of one director per function (e.g. Policy, Parliamentary Affairs, etc.);
• there is a maximum of one regional affairs director per region. The appointment of the regional affairs director is subject to prior written and on-going agreement of the Prime Minister’s Office;
• if the position of chief of staff or regional director is vacant, the Prime Minister’s Office shall appoint an acting chief of staff or regional director; and
• rules regarding position titles and respective salary ranges must be observed; and
• while the number of exempt staff members may vary, subject to section 4.2 the budget for exempt staff granted to a minister or minister of state, as set out via written communication, must never be exceeded without both the prior agreement of the Prime Minister’s Office and the approval of the Treasury Board.

Salary maximums for exempt staff are equivalent to the Public Service. A minister or minister of state may only use the salary ranges identified in the table in 3.3.1. Salaries for exempt staff do not necessarily match those of the Public Service. Occupational classification identifiers serve as indicators only.

3.2.2 Status of the exempt staff after a change in Cabinet

A minister’s exempt staff employment ceases 30 calendar days after the minister ceases to be a minister of a given portfolio unless, within that 30-day period:

• the minister appoints the person as exempt staff to his or her new portfolio;
• the person is appointed as exempt staff by the new minister in the same portfolio; or
• the person is appointed to the exempt staff of another minister.

If not reappointed as exempt staff within the 30-day period, all benefits cease (including maternity and parental leave). The former ministers’ exempt staff may be eligible to apply for internal advertised appointment processes open to all employees of the Public Service of Canada, pursuant to section 35.2 of the Public Service Employment Act (see section 3.7.6 for more detailed information).

When a minister is appointed to a new portfolio, an exempt staff member accepting an exempt staff position with the minister in a new portfolio is accepting an appointment with a new employer, and as such, new letters of offer should be prepared and signed by the minister in their new capacity. This is also true of exempt staff who accept another exempt staff position with another minister. When an exempt staff accepts a new exempt staff position with a minister, the minister may, at his or her discretion, accept liabilities for severance pay, as applicable vacation leave entitlements and sick leave credits for the previous service as an exempt staff. The exempt staff must receive this approval in writing at the time of hiring.

3.2.3 Contracting for professional or temporary help services

When contracting for professional or temporary help services, the additional requirements and obligations found under Part 7 of these Policies must also be met. Neither professional services contracts nor contracts for temporary help are employment contracts. No employer-employee relationship can be created when entering into such a contract (see section 7.2 for more information).

3.2.4 Other staffing issues

A minister has discretionary authority to use the services of any member of the exempt staff on public business outside the National Capital Region. The salary or fee for that person is chargeable to the minister’s exempt staff budget.

As a general rule, at any one time no more than two exempt staff members shall travel with the minister on public business outside the National Capital Region. This limit shall not be exceeded without prior approval of the Prime Minister’s Office.

Exempt staff members’ names and the positions they hold are not considered as confidential and could be released under any access to information request.

For information on security issues for employees, please see section 2.2 of this document.

3.3.1 Salary maximums

3.3.2 Salary increases

Only a minister has the discretionary authority to award or withhold salary increases. Salary increases are awarded based on fully satisfactory performance.

Subject to the principles in section 3.3.1.2 and provided funds are available in the exempt staff budget, a minister may authorize salary increases as follows:

• for those exempt staff members whose salaries are below the permissible maximum, a minister has full discretion to increase these salaries, as/when needed subject to the overall cap on ministers’ office budgets, not more than once a year until the maximum is reached;
• when an exempt staff is appointed to a position, the first salary increase after the appointment can occur at any time. That first increase establishes the anniversary date for further annual increases in that position;
• once a salary increase has been granted, further annual increases can only be granted on the anniversary date of the first increase. This also applies in situations where there is a change in Cabinet as per section 3.2.2;
• for those exempt staff members whose salaries are at the permissible maximum, a minister may not increase their salaries without the agreement of the Prime Minister’s Office and approval by the Treasury Board; and
• for those exempt staff members whose salaries have been agreed to by the Prime Minister’s Office and approved by the Treasury Board above the permissible maximum, a minister may increase their salaries by no more than the most recent percentage increase authorized for the corresponding Public Service group and level. A minister may not authorize such increases before the anniversary date of the exempt staff member’s appointment or last increase, whichever is later, unless the Prime Minister’s Office agrees and Treasury Board approval is obtained.

3.3.3 Acting pay

A minister may authorize acting pay when an exempt staff member temporarily performs the duties of a higher position. To qualify for acting pay, exempt staff members must continuously perform the temporary duties for a minimum of 10 consecutive working days.

3.3.4 Hours of work

The scheduled work week is usually 37 1/2 hours from Monday to Friday inclusively, and the scheduled work day is usually 7 1/2 hours.

3.3.5 Prime Minister’s Office reporting requirements

All information regarding the employment of exempt staff must be reported to the Prime Minister’s Office. This would include information on exempt staff hires, salaries, salary increases, promotions, separation payments and terminations/departures. This shall be reported as soon as the change occurs.

3.4.1 Compulsory plans

3.4.2 Automatic plans (government-paid)

3.4.3 Optional plans (member-paid)

3.5.1 Vacation leave

3.5.2 Cashing out of vacation leave

Exempt staff may cash out any or all of their earned but unused vacation leave at any time during the fiscal year with the approval of their minister.

3.5.3 Statutory leave

The following are designated paid holidays:

• New Year’s Day;
• Good Friday;
• Easter Monday;
• the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s birthday;
• Canada Day;
• Labour Day;
• the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving;
• Remembrance Day;
• Christmas Day;
• Boxing Day; and
• one additional day that is recognized as a provincial or civic holiday in the area where the person on a minister’s exempt staff is employed or the first Monday in August in any area where no such day is recognized as a provincial, or civic holiday.

Ministers’ exempt staff is not entitled to designated paid holidays if they are on leave without pay on the full working day immediately before and the full working day immediately after a designated paid holiday.

3.5.4 Election leave

A member of a minister’s exempt staff is required to resign or request leave without pay in order to seek nomination. The leave period may end (and the individual may return to his or her duties) once the nomination race has ended, whether or not that person is successfully nominated.

Any exempt staff member who has been nominated as a candidate in a municipal, provincial or federal election or by-election and wishes to campaign prior to the issuance of a writ must do so on their own time. Any exempt staff member who wishes to campaign as a candidate after the issuance of a writ in an election, must resign or be granted leave without pay, at the minister’s discretion.

After the writs are issued or once Parliament or any provincial legislature or territorial council is dissolved, the exempt staff member should avoid declaring or having himself or herself declared by others to be a candidate before he or she has resigned or started the leave without pay.

Should a member of the minister’s exempt staff decide to become actively involved on a full-time basis in a federal, provincial, or territorial election or by-election, the member is required to take leave without pay or resign his or her position. If a member becomes engaged in campaign activities on a part-time basis, his or her involvement must be on his or her own time and not during regular office hours. No vacation leave or any other leave with pay will be permitted for election purposes.

3.5.5 Management leave

When exempt staff members must work overtime hours, or when they work or travel on a day of rest or on a holiday, they may be granted management leave (leave with pay). This leave is granted as a minister considers appropriate, with the appropriate documentation. Management leave should be granted as soon as possible after the period that justifies it and must not exceed the overtime hours worked or spent in travel. In no circumstances shall management leave be granted after an election has been called or as compensation for election activities.

3.5.6 Other leave

A minister may grant leave of absence with pay, for a period of no longer than two weeks, when the place of work has been rendered uninhabitable and the employee cannot perform his or her duties until an alternative place has been found or when the employee is required or urgently needed to help with a community emergency.

3.7.1 Severance pay and transferring in previous service

Employees have a right to severance pay when they end their services voluntarily, are dismissed, die, or are laid off owing to lack of work or discontinuance of a function. Severance pay stays the same, whatever the circumstances of termination; that is, the amounts will be the same for resignation, death, dismissal, lay-off, and retirement.

When a person on a minister’s exempt staff ceases to be employed, severance pay is calculated at the rate of two weeks’ pay (based on salary at termination) for each year of service. “Service” for this purpose refers to service as an exempt staff member only. Calculations are pro-rated in respect of part of a year’s service. There is no ceiling on the maximum number of weeks to be paid.

Severance payments are to be funded centrally, through a central Treasury Board Vote, as required.

For severance purposes, in certain cases ministers may recognize (or "transfer in") an exempt staff member’s previous service with a member of Parliament’s staff. The exempt staff member must have gone directly from this service to the minister’s office (in other words, there must not have been a break in service of more than three months). Furthermore, the exempt staff member must not have received severance payment from Parliament.

If the exempt staff member wants to transfer in previous service, he or she must obtain approval in writing from the minister at the time of hiring. The exempt staff member then sends one copy of this approval to the department’s pay office and another copy to Parliament.

Upon termination of employment, an exempt staff member’s severance pay for service as a member of Parliament’s staff member will be one week’s pay per completed year of service (based on the salary at termination of employment as an exempt staff member) as long as the exempt staff member, with the combined service of the previous employer and service with the minister, has fulfilled the requirements of the previous employer to receive severance pay. The maximum carry over for severance pay related to the previous service transferred in from a member of Parliament’s office is 12 weeks.

Note:

For those exempt staff members in their 30-day period, starting November 4, 1993, and who transferred in to a minister’s office from an MP’s office (as defined in the PSSA) immediately prior to April 1, 1987 (i.e. without a break in service of more than three months) and who did not receive severance pay for their service from the previous employer, departments are advised that, for severance purposes, this previous service as a member of an MP’s staff is deemed to have been transferred in with the employee. Severance for this previous service will be calculated at one week’s pay per completed year of service as an MP’s staff member (maximum of 12 weeks’ severance pay), at the final salary at termination of employment as an exempt staff member. The regular severance pay provisions for their service as exempt staff members will also apply.

3.7.2 Separation pay

Separation pay may be paid at the discretion of the minister when the employee’s services are ended. This pay is intended to compensate for possible loss of earnings resulting from an often unpredictable and, at times, abrupt termination of employment. Separation pay is paid as a lump-sum when the exempt staff member ceases to be an exempt staff.

A minister, at his or her discretion, may authorize separation pay taking into account seniority, length of service or other relevant considerations. Examples of situations where this may occur include:

• the minister dismisses a member of the exempt staff without notice;
• the minister ceases to be a minister;
• the minister changes portfolios or responsibilities and does not retain the employee’s services;
• when the minister agrees that the employee can no longer remain employed by the minister for reasons out of the employee’s control, such as family-related reasons, or illness.

Examples of situations where separation pay should not ordinarily be provided:

• to an employee who voluntarily terminates his or her employment and who is commencing alternative employment immediately. For greater certainty a negotiated resignation is not considered voluntary;
• to an employee dismissed for cause.

A minister must approve separation pay prior to ceasing to be a minister or prior to changing portfolios or responsibilities. Separation pay may be authorized by the Prime Minister’s Office when the minister has already left the portfolio.

Separation payments are to be funded through departmental operating budgets and not charged to the minister’s exempt staff budget or other operating budget.

3.7.3 Entitlements when a minister ceases to be a minister

When a minister ceases to be a minister, or changes portfolio and does not take a member of the exempt staff to the new portfolio, affected employees continue to draw salary for 30 calendar days, in accordance with section 128 of the Public Service Employment Act (PSEA). Where a minister authorizes separation pay, the payment begins at the end of this 30-day period. When ministers cease to hold office due to a Cabinet shuffle or a general election, members of their exempt staff who are not rehired by a minister or in the Public Service are to be deemed to have been laid off at the end of the 30-day period for the purposes of the Public Service Health Care Plan and the Public Service Dental Plan.

A member of the exempt staff shall be paid according to the following formula for vacation leave that is earned but unused:

(days of unused vacation) multiplied by (daily pay rate on the day service ends)

Management leave (section 3.5.5) may not be counted as earned vacation leave.

3.7.4 Mobility provision for former ministers’ exempt staff

Under Section 35.2 of the Public Service Employment Act, former ministers’ exempt staff who have been employed for at least three successive years as exempt staff in a minister’s office, in the office of the Leader of the Opposition in the Senate, or in the office of the Leader of the Opposition in the House of Commons, may be eligible to participate in internal advertised appointment processes open to all employees of the Public Service.

This mobility provision is effective for a period of one year after the person ceases to be employed as ministers’ exempt staff. As a participant in internal advertised appointment processes, former ministers’ exempt staff also have the right to make a complaint to the Public Service Staffing Tribunal.

The Public Service Commission (PSC) has retained the authority to determine eligibility for the mobility provision. Applicants will need to complete the Request Form – Confirmation of Former Ministers’ Staff Mobility Provision available on the PSC website. The PSC will review the request and advise, in writing, regarding eligibility. Further information is available from internal departmental Human Resources or the PSC website.

3.7.5 Employment assistance: outplacement services

A minister may, prior to ceasing to be a minister or changing portfolios or responsibilities, authorize up to $5,000 to cover fees for professional outplacement services for a member of his or her exempt staff whose employment has ended. An exempt staff member whose employment has been terminated should register with an outplacement firm within 30 days of the termination date or in the 30 days after a minister ceases to be a minister. This should be done within these time frames, even if services may be rendered at a later date. However, in all cases, services must be rendered within one year of the termination date.

Outplacement services usually provide such information as how to prepare a résumé, how to prepare for an interview, and how to present oneself at an interview. Costs for training or skills improvement, such as computer literacy or language courses, are not included.

Typically, the outplacement firm enters into a signed agreement with the member of the exempt staff that stipulates what services will be rendered. Invoices are to be sent to the departmental financial services unit. The cost of outplacement services is charged to the minister’s other
operating costs budget.

4.2.1 Budget transfers

Within the overall limit communicated by the Treasury Board regarding ministers' office budgets, funds can be transferred among the exempt staff budgets, the departmental staff budget and other operating budgets. When funds are transferred to an exempt staff budget or to the departmental staff budget from other operating budgets, the department must set aside, from its own funds, an additional amount of other operating funds equal to 20% of the funds transferred. Conversely, when funds are transferred from either a minister's exempt staff or the departmental staff budget to the other operating budget, that budget will only be increased by the amount of the reduction in the personnel costs budget. In this way, the ministers' office budgets will not be impacted by the 20% transfer cost that applies to transfers between personnel and other operating budgets, thereby respecting the spirit of allocating specific budget levels to ministers' offices for personnel and other operating costs. The transfer cost will be managed by the department.

4.2.2 Operating budget carry forward

Ministers may access the departmental operating budget carry forward from one fiscal year to the next for an amount equal to their unspent exempt staff and other operating budgets, up to a maximum of five percent of their most recently approved annual budgets effective on April 1 of the fiscal year. Any increases after the approval of the annual budgets are to be excluded from the calculation of the 5% ceiling.

Where a minister is named to a different portfolio or where a new minister is appointed to an existing portfolio, the budget for the purpose of calculating the 5 % maximum carry forward will be the annualized amount that is determined for the office of the new minister on the basis of section 4.4.6.

4.4.1 Ministers' exempt staff personnel costs budget ("exempt staff budget")

Ministers, except the Prime Minister, receive a prescribed exempt staff budget to manage their offices. This budget is over and above any budget to which the minister is entitled as a member of the House of Commons. The budget provided by the House of Commons is used to pay for staff in the House of Commons office and in the constituency office.

The Treasury Board periodically sets the size of a minister's exempt staff budget. The President of the Treasury Board notifies each minister of the annual amount in writing, according to the previous written communication. The exempt staff budget is to be funded from within existing departmental reference levels.

Only direct personnel costs can be charged to the exempt staff budget, including the following:

• salaries (including pay while on leave);
• pay for unused vacation leave, at the request of the exempt staff with the approval of the minister, on termination of employment, or paid out at the end of each fiscal year; and
• salary for the 30 days' employment to which exempt staff is entitled when a minister ceases to be a minister (see section 3.7.5).

The following exempt staff-related costs are to be funded from the personnel budgets of the department:

• maternity or parental benefits (supplemental employment benefit);
• vacation pay for unused vacation leave on termination of employment when at termination of employment the employee is eligible for severance pay;
• severance pay; and
• separation pay

For Public Service employees, the department will be reimbursed for expenditures in the first three categories through an allocation from a Treasury Board Central Vote. The department must absorb costs related to separation pay.

4.4.2 Ministers' other operating costs budgets ("other operating budget")

The other operating budgets of a minister covers all operating expenditures incurred by parliamentary secretaries, by exempt staff or by departmental staff in a minister's office. Only direct operating expenditures that are related to the conduct of portfolio or other official government departmental business are to be charged to a minister's other operating budgets.

The following costs will be charged to a minister's other operating budgets:

• official gifts, travel, hospitality, and other services in relation to the department (exceptions for international travel may apply; see section 6.5);
• conference and training costs for exempt staff;
• relocation of exempt staff to the minister's departmental office (on appointment only);
• office furniture and furnishings for ministers and their private secretaries that are over and above normal departmental standards;
• fees for professional outplacement services;
• the cost of professional and temporary help services for the minister's departmental office; and
• all other expenditures directly attributable to the operation of a minister's departmental office. These expenditures could include, but are not restricted to, items such as the use of cell phones, the acquisition of office equipment that is over and above departmental standards, the use of taxi and courier services, and postage. It is expected that all indirect departmental costs such as corporate services costs (e.g. Finance and HR) and other costs for internal service providers will not be charged against the minister's budgets following the funding model used in the department.

Appendix E provides a non-exhaustive list of examples of items that should be charged to a minister's other operating budget and those that should be charged to a budget of the department or agency.

4.4.3 Ministers' departmental staff personnel costs budget ("departmental staff budget")

Costs related to departmental personnel assigned to a minister's office must be charged to the minister's departmental staff budget, with the exception of costs related to the Departmental Assistant, which are funded directly from the existing departmental or agency reference levels. These costs must be accounted for separately as part of the minister's office expenditures. Costs such as bilingualism bonuses and overtime are to be included in the minister's departmental staff budget. Other personnel-related costs, such as training and development, will be funded by the department in accordance with existing departmental practices for Public Service employees.

4.4.4 Budget for parliamentary secretary's assistant

The parliamentary secretary's assistant is a minister's exempt staff member dedicated to supporting a parliamentary secretary. A minister is authorized to hire one parliamentary secretary's assistant for each parliamentary secretary appointed. Only one minister is authorized to hire a parliamentary secretary's assistant when the parliamentary secretary has multiple responsibilities under the jurisdiction of more than one minister. When a parliamentary secretary(ies) is (are) appointed to assist a minister, departments are authorized to provide a parliamentary secretary's assistant (exempt staff) budget and an other operating costs budget for the assistant for each parliamentary secretary appointed subject to Treasury Board approval. The source of funds for these budgets is existing departmental reference levels.

4.4.5 Budgetary increases and exceptions

Ministers' budgets are to be allocated from within existing departmental reference levels. Subject to section 4.2, budgets cannot be exceeded. A minister who wishes to have his or her budget increased or modified, or an exception granted, must first obtain the written agreement of the Prime Minister's Office and the President of the Treasury Board. The Treasury Board must approve the proposal. Budgetary increases and exceptions are to be funded from the existing departmental reference levels.

4.4.6 Budgets as a result of a change in portfolio

When a minister changes portfolio or when a new minister is appointed to an existing portfolio during the course of a fiscal year, the office budgets for the remainder of the year in the new portfolio are to be equal to the outstanding free balance representing the budgets for that portfolio (after outstanding commitments have been paid), as set by the Treasury Board, for the balance of the fiscal year. This will include budget increases and modifications already approved by the Treasury Board for that portfolio. The Treasury Board may rescind, modify, or revise any budget at the time of the portfolio change. If so the appropriate minister(s) will be informed by written communication.

When regional responsibilities are transferred among ministers during the course of the fiscal year, budgets for the remainder of the year are to be equal to the outstanding free balance representing the budget for that responsibility (after outstanding commitments have been paid), as set by the Treasury Board, for the balance of the fiscal year.

When a minister with regional responsibilities changes portfolios during the course of the fiscal year, the budgets for the regional responsibilities, as set by the Treasury Board, are to be equal to the outstanding free balance remaining in those budgets (after outstanding commitments have been paid) as at the date of the change.

Regional representation budgets are to be funded from existing departmental reference levels.

4.4.7 Expenditures of ministers' offices report

On December 12th, 2006 the Federal Accountability Act amended the Access to Information Act with the following provision:

72.1 The head of a department or a ministry of state for the Government of Canada shall publish an annual report of all expenses incurred by his or her office and paid out of the Consolidated Revenue Fund.

This report is published in Volume III, Section 10 of the Public Accounts of Canada. Expenditures presented in this report are those charged to ministers' budgets and do not include statutory expenditures, such as the minister's salary and motor vehicle allowance, or employer contributions to superannuation and benefit plans, nor do they include civilian termination benefits.

For further information, please refer to Chapter 15 of the Receiver General Manual, which provides the instructions and guidance to prepare the information required for this report.

All enquiries with respect to this annual report are to be directed to the Financial Management Policy Division, Office of the Comptroller General of Canada by emailing: fin-www@tbs-sct.gc.ca or calling 613-957-7233.

4.5.1 Spending authority

Spending authority consists of three elements—expenditure initiation authority, commitment authority, and transaction or contracting authority.

The minister is responsible for, and has spending authority over, the exempt staff and other operating budgets. Often, the minister will delegate some of this authority to the chief of staff or other senior exempt staff. However, this delegation does not apply in instances where a minister wishes to hire, dismiss, or set salaries for exempt staff.

4.5.2 Payment authority

Payment authority is the authority to requisition payments. Pursuant to section 33 of the FAA and the Payments and Settlements Requisitioning Regulations, 1997, requisitions for payments may be made only if the payment has been verified under section 34, if there are sufficient funds available in the appropriation to make the payment, and if the payment has not been made previously.

Payment authority is usually delegated to departmental financial officers.

The departmental financial staff verifies the minister's certification (or that of a delegate) under section 34 and any required supporting documentation before requisitioning payment under section 33.

While, for reasons of confidentiality, some payment requests by ministers do not have to be supported by receipts and other documents that provide evidence of goods and/or services received, these supporting documents should nevertheless be retained in the offices of the ministers. In the absence of supporting documentation, there is normally a requirement for an official certification or attestation by the minister, and an original signature (not that of a delegate) is required.

5.1.1 Introduction

Ministers have offices on Parliament Hill, as well as constituency offices that are both administered under the House of Commons guidelines and budgets and are completely separate from departmental headquarters offices and ministers' regional offices; these are outlined below.

The entitlements related to being a member of Parliament are explained in detail in the Members' Allowances and Services Manual published by the House of Commons, and questions related to these entitlements should be referred to the Comptroller's office, House of Commons.

5.1.2 Departmental headquarters offices

Office requirements of the minister in the department's headquarters are normally accommodated within the space allocated to the department. The minister's requirements are normally co-ordinated by the deputy minister.

Public Works and Government Services Canada, in consultation with the departmental facilities management group, is responsible for initial fit-up of this space based on the functional and operational requirements and applicable cost guidelines. Changes to existing offices (during a minister's tenure or on appointment of a new minister) are funded by the department.

5.1.3 Ministers' regional offices

Ministers' regional offices (MRO) have been established for the use of all local and visiting ministers and their officials in conducting government business in regions. These offices are not intended to duplicate the functions of the constituency offices and other support provided by the House of Commons.

Public Works and Government Services Canada is responsible for the establishment and operation of ministers' regional offices, including common operating costs, construction, rent, fit-up, parking, etc.

There are ministers' regional offices in Iqaluit, Vancouver, Edmonton, Calgary, Regina, Winnipeg, Toronto, Kitchener, Montréal, Quebec City, Halifax, Moncton, and St. John's. New MROs are to be opened in Fredericton, Charlottetown, Whitehorse, and Yellowknife in 2011. The establishment of an individual ministerial office outside the headquarters area requires specific approval from the Treasury Board prior to project initiation.

Ministers are responsible for funding the direct cost over and above the common costs (such as added costs for regional exempt staff, resident exempt staff, hospitality, additional services, and accommodation) of their use of the MROs.

5.2.1 Departmental headquarters offices

All office furniture and furnishings for a minister's departmental headquarters office are subject to the Treasury Board Policy on Management of Materiel (2006). Further guidance on the application of this policy can be found in the Treasury Board Secretariat's Guide to Management of Materiel.

The Department of Public Works and Government Services Act gives the Minister of Public Works and Government Services the mandate to acquire materiel for departments and thus the Act's provisions apply, regardless of who uses the furniture and furnishings.

A minister's department funds the acquisition of office furniture, fixtures and equipment, and their operation and maintenance costs.

5.2.2 Ministers' regional offices

These offices are subject to the provisions of the Policy on Management of Materiel governing office furniture and furnishings. As a rule, all furniture and furnishings purchases are considered overhead or common costs.

5.4.1 Federal Identity Program

The Federal Identity Program (FIP) is the Government of Canada's corporate identity program. The government has an obligation to make evident to Canadians, wherever they reside, how their taxes are used to provide programs, services, and infrastructure. The government must project a consistent and coherent presence and identity to ensure that Canadians recognize, at a glance, their government at work for them. The FIP establishes standards and requirements for managing the government's corporate identity. In 1998, Treasury Board ministers established nine additional FIP requirements aimed at strengthening the presence and visibility of the Government of Canada in all of its activities.

Each institution is responsible for managing its own corporate identity, in compliance with the FIP policy, and related Treasury Board decisions. This information and the FIP design standards are available at Federal Identity Program Policy.

Ministers are required to write to the President of the Treasury Board on all matters related to establishing titles of institutions. Institutions must adopt an approved title (referred to as the "applied title") for their corporate signature and use this title consistently when identifying the institution, except when there is a specific requirement for the legal title. Ministers must also write to the President regarding government-wide use of special symbols, decisions on FIP symbols (flag symbol or Coat of Arms) in corporate signatures, and for exemptions from the FIP policy.

5.4.2 Stationery

The design of stationery for the offices of ministers is subject to FIP policy and design standards. The present design consists of a 40% screened black Coat of Arms, black text, and a black "Canada" wordmark with a red flag printed on white, recycled permanent paper. Further information is available at Stationery: Ministers, parliamentary secretaries and their offices.

5.4.3 News releases and kit folders

Institutions must use the standard news release form and information kit folder. The Government of Canada's "no-frills" publishing guidelines call for streamlined government publishing and a common look for various communications products.

6.1.1 Travel expenses

Although ministers are excluded from the requirement to follow the National Joint Council Travel Directive, it is recommended that ministers refer to that document, since it provides good examples of expenditures that are considered appropriate for program-related business travel.

Ministers are required to post on their respective departmental websites all travel expenses incurred on program-related business. All travel expenses must be posted on a quarterly basis within 30 days following the last day of the quarter and must include the following information:

• the period covered by the trip and the places visited;
• transportation expenses; and
• other expenses (such as accommodation and meals).

All parliamentary secretaries and exempt staff of ministers are also required to post all travel expenses on their respective departmental websites (see section 6.1.3).

Travel expenses for ministers, parliamentary secretaries and ministers' staff on portfolio and program-related business include the following costs that are charged against the other operating budget of the minister (exceptions for international travel may apply; please refer to section 6.5.)

6.1.2 Reimbursement for travel expenses

Reimbursement procedures for the travel of ministers on departmental business is governed by a letter from the Minister of Finance dated December 5, 1963, that refers to Cabinet direction (included as Appendix C). Based on the document, ministers are asked to submit as their travel claims a signed statement that includes:

• the period covered by the trip and the places visited;
• transportation expenses; and
• other expenses (such as accommodation and meals).

This statement of expenses may be submitted on a monthly (rather than a per-trip) basis and must include the following certification, pursuant to section 34 of the Financial Administration Act:

"I certify that the foregoing expenditures have been incurred by me on official government business in [month] [year]." [minister's signature]

Along with their signed attestation, ministers are required to submit original receipts and supporting documentation for hospitality and travel reimbursements to appropriate departmental officials. Receipts under the control of government institutions are subject to Access to Information (ATI) legislation and thus obtainable through ATI requests.

The aforementioned 1963 letter also specifies that, where requested advances are greater than the actual costs incurred, the difference should be remitted to the department in the form of cash or a personal cheque made payable to the Receiver General for Canada.

6.1.3 Travel expenses—ministerial staff

When a minister requires a parliamentary secretary^{Footnote 1}, an exempt staff member, or a departmental staff member to travel on departmental business, reservations should be made via the GTMO/STSI and expenses shall be in accordance with the Treasury Board Special Travel Authorities and the National Joint Council Travel Directive, Rates and Allowances. Private travel agencies may be used where such use results in direct savings to the taxpayer and/or indirect savings through more efficient travel that better meets scheduling requirements. When travel has been booked directly with carriers or a travel agency or agent, claims for reimbursement can be made following each trip, or the authorized expenses can be charged to the Departmental Travel Expense Cards (DTEC). However, departments are not to be billed directly by the travel suppliers.

Travel expenditures are chargeable to the minister's other operating budget (exceptions for international travel may apply; please refer to section 6.5). They should be authorized by the minister or chief of staff (other than for his or her own travel) and reviewed by a senior financial officer.

Parliamentary secretaries and all ministers' departmental and exempt staff members that are required to travel on department-related business must post on the departmental website all travel expenses incurred. All travel expenses must be posted on a quarterly basis within 30 days following the last day of the quarter and must include the following information:

• the period covered by the trip and the places visited;
• transportation expenses; and
• other expenses (such as accommodation and meals).

When exempt staff members accompany a minister, the appropriate signature is necessary to upgrade travel to business class, in the event that the minister does not personally sign the travel authority.

Expenditures incurred by a chief of staff should be authorized by the minister or the minister's senior delegate for financial matters. Parliamentary secretaries, chiefs of staff, directors, and chiefs of staff to ministers of state have the same travel entitlements as the Executive Group at the EX-02 level and above (refer to the Special Travel Authorities), except when accompanying the minister, in which case the air travel entitlement may be upgraded if so determined by the minister.

Separate claims should be submitted when a member of a minister's staff claims reimbursement for disbursements made on behalf of the minister and his or her own travel expenses. The former should be accounted for separately, included in any reports or ministerial travel expenses.

6.2.1 Official use

Official use encompasses any use of the vehicle for the effective conduct of official business, including constituency business, for which travel would normally be reimbursed by the House of Commons. Official use includes, but is not necessarily limited to, the following:

• travel to and from a departmental office, the House of Commons, or any other place where business is transacted;
• travel to and from airports when proceeding on business travel or when meeting visiting dignitaries;
• travel to and from diplomatic or other social functions attended in the capacity of a minister;
• travel under any circumstances when, for personal protection, the presence of a security officer is required;
• transportation of classified material to, from, and between various work locations, including a minister's residence; and
• any other use that helps in the discharge of responsibilities as a minister of the Crown.

6.2.2 Personal use

Ministers are authorized to make personal use of the vehicles provided by their departments. Exempt and departmental staff, including the driver, are not authorized for personal use of an executive vehicle. The executive vehicle is also available to the minister's family and household for personal use whenever it is not required for official business. For Income Tax Act purposes, any use of an executive vehicle for anything other than official business generally constitutes a taxable benefit. In accordance with Subsection 5.3.3 of the Directive on Fleet Vehicles: Light Duty Vehicles, departments must ensure that a log book (or other appropriate utilization tool) is assigned to every vehicle in order to track utilization data.

The computation of the taxable benefit is based on a number of factors including amount of use and a standby charge. Details on the calculation of the taxable benefit are available from the following Canada Revenue Agency interpretation bulletin. A deduction is made at source for the use of the vehicle.

6.2.3 Selecting an executive vehicle

The maximum price limit for the purchase of an executive vehicle is adjusted annually by the Treasury Board of Canada Secretariat. Information on the current maximum price limit can be obtained at Authorize Maximum Price.

Executive vehicles are to be acquired through procurement arrangements established by Public Works and Government Services Canada (PWGSC) as detailed in the Directive on Fleet Vehicles: Executive Vehicles, and the Directive on Fleet Vehicles: Light Duty Vehicles. The list of executive vehicles that can be purchased may be viewed at PWGSC's Government Motor Vehicle Ordering Guide. It is important that departments consult with PWGSC headquarters before making any decision on the purchase of executive vehicles. For insurance purposes, departments must also inform PWGSC headquarters when they take possession of an executive vehicle or when such vehicle is transferred to another department. It should be noted that vehicle leases must be avoided.

6.2.4 Maintaining executive vehicles

Ministers and their successors who acquire vehicles are expected to continue using a vehicle over its useful life. If a minister's vehicle becomes surplus to requirements before its useful life is over, arrangements can be made for the vehicle to be redeployed through PWGSC. A vehicle should not be disposed of outside the federal government when there are other eligible executives in need of it.

All the costs of operating and maintaining the motor vehicle are borne by the department, not ministers' budgets. However, no public funds shall be used to pay fines for traffic violations, including parking violations. To ensure that the taxable benefit portion of operating executive vehicles is uniformly calculated, the Treasury Board requires the department to record all information about usage and operating costs in a systematic manner.

Like all other government vehicles, those used by ministers are expected to be registered with a private-sector fleet management company for fuel, maintenance, and repair. This is generally the same company that is used for the departmental fleet. A "fleet" card is provided and should be used to pay for all required fuel, repairs, and maintenance for the vehicle. The use of the card allows automatic capture of vehicle data in the departmental fleet database. PWGSC has awarded a standing offer to a fleet management company, and details on the services offered can be viewed at PWGSC's Government Motor Vehicle Ordering Guide and by accessing Fleet Management Support Services. Notwithstanding the normal government practice to self-underwrite government vehicles, all executive vehicles shall be fully insured commercially. PWGSC is responsible for the purchase and administration of the proper insurance coverage. It pays up front for the coverage and invoices the appropriate departments accordingly on an annual basis. It is important that departments provide PWGSC headquarters with an up to date list of names of those who drive executive vehicles and ensure adequate insurance coverage of these individuals at all times.

Further information on insurance can be found in section 5.5 of the Directive on Fleet Management: Executive Vehicles.

7.1.1 Treasury Board Contracting Policy

The Contracting Policy is based not only on ensuring that the services and products needed to deliver an office's responsibilities are delivered, but also on demonstrating fairness, openness, and obtaining best value in the spending of taxpayers' money. Key legislative, regulatory, and policy provisions govern government contracting activities. Government contracting must ensure prudence and probity, ensure the pre-eminence of operational requirements, and when possible support long-term industrial and regional development, as well as any other national objectives.

The Government Contracts Regulations require the solicitation of bids except where:

1. the need is one of pressing emergency in which delay would be injurious to the public interest;
2. the estimated contract expenditure is below $25,000;
3. the nature of the work is such that it would not be in the public interest to solicit bids; or
4. only one supplier can do the work.

As well, the government is signatory to three trade agreements that affect government procurement and these establish thresholds for various types of procurement:

1. the North American Free Trade Agreement (NAFTA), Chapter Ten;
2. the World Trade Organization Agreement on Government Procurement (WTO-AGP); and
3. the Agreement on Internal Trade (AIT), Chapter Five.

The Government Contracts Regulations are found in Appendix B of the Contracting Policy. References and links to the trade agreements are provided throughout the policy. In addition to outlining key policy aspects of tendering, the policy also sets limits on a department's authority to contract without first seeking Treasury Board approval.

Contracting authorities must not split contracts or contract amendments in order to avoid obtaining either the approval required by statute and the Contracting Policy or appropriate management approval within the department or agency.

8.2.1 Relocation

A minister may, at his or her discretion, reimburse the relocation expenses of appointees who accept employment as exempt staff at the EX-02 equivalent and above. Any benefits are negotiated between the minister and the individual. Any negotiated relocation assistance for those individuals is to be paid from the minister's own other operating budget. Relocation assistance may be up to the full provisions of the NJC Relocation Directive.

A third-party service provider provides professional relocation assistance, which is co-ordinated through each departmental national co-ordinator, who should be the first point of contact for any relocation inquiries or assistance. The letter of offer or other correspondence to be placed on the appointee's file should clearly state the specific relocation expenses to be reimbursed to the appointee, including a provision for the pro-rated recovery of expenses for early voluntary termination of employment, consistent with Treasury Board policies. There are no provisions for reimbursing relocation expenses on completion of employment. No relocation expense should be incurred by the appointee prior to obtaining formal authorization.

8.3.1 Hospitality—ministers

While events that a minister hosts personally are exempt from the Directive on the Management of Expenditures on Travel, Hospitality and Conferences, the guidelines set out in the directive are appropriate to hospitality extended on behalf of the government. These guidelines list the appropriate occasions, the various forms of hospitality, and the types of facilities that should preferably be government-owned, but that must never be commercial facilities that engage in discrimination practices.

Because it might seem that ministers benefit personally from hospitality functions, they should be aware that high standards are expected of them. They should avoid giving the slightest impression of using public funds and facilities for anything other than purely official purposes.

8.3.2 Hospitality—ministers' staff

There may be instances when a minister requires a parliamentary secretary^{Footnote 3}or staff member to extend hospitality on behalf of the minister or department. Such hospitality may be necessary because it will economically facilitate the business of the department or agency or because it is considered essential as a matter of courtesy or protocol. In these instances, such hospitality shall be extended in accordance with the Directive on the Management of Expenditures on Travel, Hospitality and Conferences and all the requirements for documentation shall be met. Claims for reimbursement should be approved by the chief of staff or minister, as appropriate.

Separate claims should be submitted when a member of a minister's staff claims reimbursement for his or her own hospitality expenses and for hospitality disbursements made on behalf of the minister. The latter should be accounted for separately, included in any reports of ministerial office expenses, and accompanied by the ministerial certification.

Parliamentary secretaries and ministers' exempt staff are also required to post all hospitality expenses on their departmental website. These must be posted on a quarterly basis within 30 days following the last day of the quarter and must include the following information:

• the name of the staff or exempt staff member who provided the hospitality;
• the total amount of hospitality incurred; and
• the establishment or restaurant where the hospitality occurred.

8.3.3 Gifts, hospitality, or other benefits received

There may be restrictions on ministers, parliamentary secretaries, and exempt staff receiving gifts, hospitality, or other benefits. For details, please consult the Conflict of Interest Act.

8.3.4 Gifts given

It has been government practice that official gifts and mementoes are presented only on occasions where:

• they further international relations;
• official hospitality abroad is involved; or
• foreign visitors or delegations are hosted in Canada.

Whenever any of these circumstances arise, minister's staff should contact the Gift Bank, which is operated by the State Ceremonials Directorate of Canadian Heritage. The Gift Bank also ensures that official gifts are distinctively Canadian. Appropriate gifts include contemporary arts and crafts or items representative of Canadian culture, arts, and cultural products or Canadian manufacturing. The Gift Bank can provide advice on appropriate types of gifts and will ensure that official gifts are of a value suitable to the status of the recipient.

If a gift other than one from the Gift Bank is being considered, and as a last recourse and under exceptional circumstances, certain authorities may be needed. These may include the authority to make the acquisition of the gift a legitimate expenditure of public funds, and the authority to transfer the gift. A submission to the Treasury Board for a recommendation to the Governor in Council may be required to secure such authorities.

8.6.1 Indemnification and legal assistance

This protection is currently identical to those covering Crown servants, as set out in the Policy on Legal Assistance and Idemnification. Ministers and their exempt staff will be entitled to indemnification against personal civil liability and will be eligible for legal assistance, provided they meet basic policy requirements, which are to have acted honestly and without malice within the scope of their duties and met reasonable expectations. This need may arise from any act or omission of the minister or exempt staff member in the conduct of portfolio or other official
government business.

10.1.1 Information technologies

Guidelines for the use of information technologies, such as e-mail, the Internet, social media and local area networks, are evolving within the Public Service. Ministers and their exempt staff should seek guidance on their use from the appropriate departmental officials. Ministers and their staff should consider electronic recorded information as identical to physical recorded information such as prints, photographs and documents.

In designing information systems, ministers must provide for the proper processing, handling, and storage of classified and other sensitive information. Advice and assistance on meeting government-wide standards for physical, communications, and electronic data processing security is available from the departmental security officer.

10.1.2 Leaving office

Ministers and their exempt staff have a responsibility to ensure that all Cabinet documents and official records are left in the custody of appropriate authorities. On leaving office, ministers must use the secure storage facilities and archival services offered by Library and Archives Canada for their personal and political papers. They should also take steps to remind individuals leaving their jobs of their continuing responsibilities to maintain the confidentiality of the sensitive information to which they have had access, cancel all their authorities (e.g. access authorities, keys, and locks), and return all sensitive information to the appropriate authority. The designated security official in the minister's office should terminate employment in person, and the process should be formally documented.

10.2.1 Background

The Access to Information Act gives the public the right of access to information in records controlled by government institutions. A minister's office is considered separate and distinct from the government institution; thus, ministers and their exempt staff are not considered employees or officers of the institution. This interpretation is being examined in light of a recent decision by the Federal Court of Canada. The impact of this judgment is still being assessed and the question of whether or not the Act applies to ministerial records has yet to be resolved. Prior to making decisions on the disclosure of any records (including expense claims of ministers and their exempt staff), ministers' offices should consult with their institution's legal services unit.

Access to information is the public's right. Subject to the Access to Information Act, every Canadian citizen and permanent resident "has a right to and shall, on request, be given access to any record under the control of a government institution."

All ministers have delegated their responsibilities under the Access to Information Act to specifically named public servants. These individuals are responsible for all decisions made under the Act. No political staff member has received a delegation of authority under the Act and therefore no political staff member has authority to make access to information decisions.

It is permissible for political staff members to receive advance notice of the release of records so that they can anticipate the disclosure, brief their ministers and prepare for media and Opposition questions, however, it is impermissible to counsel a public servant to delay giving access, to withhold a document or to deny access.

The Access to Information Act is based on two principles:

• government information should be available to the public; and
• necessary exceptions should be limited and specified by law.

The Access to Information Act complements the Privacy Act.

The Privacy Act governs the use, disclosure, collection, retention, and disposal of personal information and expands previous statutory protection of personal information held by a government institution. The Privacy Act gives individuals the right of access to information about themselves that is held by a government institution. While the offices of ministers are not considered to be part of a "government institution" for the purposes of the Privacy Act, the following principles should nevertheless govern those offices:

1. information should be used or disclosed only for a purpose consistent with the purpose for which it was obtained, unless the individual concerned consents to the new use or disclosure, or the disclosure is required by law;
2. to personal information should be strictly limited to individuals who have a legitimate need to know;
3. security safeguards shall be put in place and maintained to protect personal information from unauthorized disclosure; and
4. information that is no longer needed should be disposed of unless its retention is required by law.

Records relating to ministers and exempt staff that are located in an institution may contain personal information that must be protected under the Access to Information Act and the Privacy Act. Such records should not be disclosed unless in accordance with these acts.

Expense claim records about ministers and exempt staff

All travel and hospitality expenses for ministers, parliamentary secretaries, and exempt staff are to be published on institutional websites to promote transparency and to facilitate public access.

Ministers' offices are required to disclose hospitality and travel expenses publicly, through departmental websites. Reports cover a 90-day period, and ministers and their offices must report within 30 days of the end of the period being reported. This policy also applies to parliamentary secretaries.

Other records about expense claims of ministers and their exempt staff may contain personal information that must be protected under the Access to Information Act, unless consent to disclose is received from the individual(s). In view of jurisprudence that supports this position, the Secretariat issued Implementation Report No. 78, dated March 30, 2001 and Information Notice No. 2002-2004, dated March 18, 2002 to provide guidance concerning this matter. Copies of these archived documents can be obtained by contacting Treasury Board Secretariat's Information and Privacy Directorate at ippd-dpiprp@tbs-sct.gc.ca or 613 946-4945. As well, in March 2002, the Secretary of the Treasury Board wrote concerning this matter to his counterparts at all institutions subject to the Access to Information Act. All three documents outline the government's position on records relating to ministers and their exempt staff and inform institutions that records relating to expense claims of ministers and their exempt staff may contain personal information, as well as that other information might require protection under another exemption provision, and recommend that institutions take reasonable steps to seek consent for the disclosure of such records directly from the individual concerned.

10.2.2 Monitoring disclosure

Decisions on disclosing government information under the Access to Information Act and the Privacy Act can be reviewed independently of the government. Depending upon the applicable legislation, either the Information Commissioner or the Privacy Commissioner conducts the first level of review. The Federal Court, Trial Division, conducts the next level of review, and cases can be brought before the Federal Court of Appeal and, ultimately, the Supreme Court of Canada.

Within a department or an agency subject to the legislation, a designated departmental co-ordinator administers one or both acts. This officer receives requests from the public, advises the minister and departmental officials about what should or should not be released, and ensures that a response is prepared. The co-ordinator also ensures that personal information is protected, as required by the Privacy Act. In addition, departmental legal services provide legal expertise on access and
privacy matters.

Both acts specifically recognize the rights of access of individuals with sensory disabilities.

The following suggestions are designed to help ministers meet the requirements of this legislation:

• assign a single senior contact within the minister's office who is knowledgeable about the acts and their impact on departmental operations, and who can deal directly with the departmental co-ordinator regarding ministerial records;
• keep institutional records segregated from personal and political records and put in place the conventions set out in this document, especially the accounting procedures;
• review delegation orders under the acts to ensure that the specific powers, duties, and functions are set out and delegated to the appropriate level;
• ensure that appropriate reporting on the nature and progress of access requests is in place in the department; and
• support sound departmental information management practices.

10.2.3 Cabinet confidences

The Access to Information Act and the Privacy Act do not apply to records that fall under the category of Confidences of the Queen's Privy Council for Canada. Confidences of the Queen's Privy Council for Canada are generally excluded for 20 years, while discussion papers are excluded for up to four years. When an access request involves Cabinet confidences, ministers must consult the Privy Council Office before responding. The deputy minister or access to information co-ordinator in each department can arrange this consultation.