Appointments

[ * ] An asterisk appears where sensitive information has been removed in accordance with the Access to Information Act and Privacy Act.

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Executive summary

The Privy Council Office (PCO) provides support to you in respect of a wide range of federal appointments, from Governor in Council (GIC) appointments, to Vice-Regal and Senate appointments.

GIC appointments are made by the Governor General, the majority of which are on the advice of the Queen’s Privy Council for Canada (i.e., the Cabinet), by means of an Order in Council (OIC).

GIC appointments include chairpersons, directors and chief executive officers of Crown corporations, heads and members of agencies, boards and commissions, chairpersons and members of administrative and adjudicative tribunals, agents and officers of parliament, ombudspersons, and heads of mission, as well as judges. Deputy ministers and associate deputy ministers are also appointed by the GIC.

The authority for GIC appointments stems from constitutional and legislative provisions as well as the Royal Prerogative. The exercise of these authorities is based on various statutes, government policy and convention. The majority of GIC appointments are made in accordance with legislative provisions contained in the enabling statute of federal organizations, on the recommendation of the responsible minister. Others are made in accordance with the provisions set out in the OIC establishing the mandate of the position or organization, on the recommendation of the responsible minister. The decision-making process for GIC consideration of these Ministerial recommendations flows from the Prime Minister’s decisions on the organization of Cabinet and Cabinet committees.

Vice-Regal appointments, such as lieutenant governors, and Senate appointments are effected via an instrument of advice from the Prime Minister to the Governor General.

PCO’s role includes providing information and advice regarding various appointments-related matters, such as current and projected vacancies, selection of candidates and terms and conditions of employment.

Governor in Council appointments

Governor in Council appointments: Overview

The Prime Minister is recognized as being the “architect and umpire” of our system of Cabinet government. In this capacity, the Prime Minister exercises a number of constitutional prerogatives formalized through a 1935 Order in Council, including determining the organization of government and recommending the appointment of the principal holders of public office.

It is the exercise of these prerogatives, as well as the Prime Minister’s direction on the policy approach for the development of Ministerial recommendations on a broad range of appointments to federal organizations, that determines the process by which appointment decisions are made. Ultimately, high quality and timely appointments allow the Prime Minister to ensure that the government carries out its mandate and achieves its objectives in an efficient manner.

Key pieces of legislation that guide the appointment process are enabling statutes of government organizations (of which there are approximately 250), the Financial Administration Act (for Crown corporations), OICs establishing the mandate of an organization or position not set out in legislation, and the Interpretation Act. Legislative provisions and mandate OICs will generally specify the term and tenure of the appointment, along with any specific requirements for the position.

The Cabinet decision-making forum for appointments will be determined by the Prime Minister under their prerogative. In this document, references to “Cabinet” will be understood to reflect the process that is established by the Prime Minister, whether that is full Cabinet, a committee of Cabinet or a quorum of Cabinet. Appointments are brought forward on the recommendation of the responsible minister, as defined in the Table of Public Statutes and Responsible Ministers. In the case of agent/officer of parliament positions, the responsible minister recommends a candidate for nomination to the Prime Minister.

There are approximately 3,900 GIC positions, of which approximately 1,560 are judicial positions. Non-judicial GIC positions consist of:

• 700 full-time positions, including 142 primary head of mission positions;
• 1,450 part-time positions; and
• 150 positions that can be designated as either part- or full-time.

GIC appointments can be divided into a number of principal groups:

• heads and members of agencies, boards and commissions;
• chairpersons and members of administrative and adjudicative tribunals;
• chairpersons, directors and chief executive officers of Crown corporations;
• heads of mission;
• ombudspersons;
• agents and officers of Parliament;
• deputy ministers and associate deputy ministers;
• judges;
• territorial commissioners;
• special advisors to ministers; and
• other part-time appointments, including honorary consuls.

Ministers, senators, parliamentary secretaries, and lieutenant governors are distinct in that they are appointed through an Instrument of Advice from the Prime Minister to the Governor General rather than through a Cabinet process. In 2020-21, a total of 551 GIC appointments to non-judicial positions were made (compared to 661 in 2019-20 and 668 in 2018-19). Significant changes to the structure and organization of government can also be a factor in the variability of GIC appointments from year to year.

The following number of judicial appointments were made over the past three years: 34 in 2020-21, 104 in 2019-20, and 134 in 2018-19.

In addition to the above categories, GIC approval is also required for a number of routine appointments of a more administrative nature. Historically, a blanket delegation has been given by the Prime Minister for a Cabinet Committee or a quorum of Cabinet (which is four ministers) to approve certain routine appointments before they are provided to the Governor General for approval. These delegations have included the Prime Minister’s residence household staff, Royal Canadian Mounted Police appointments at the deputy commissioner or commander level, and a number of administrative public servant positions (i.e., pollution prevention officer, official bankruptcy receivers). On an annual basis, there are approximately 65 such routine appointments.

The auditors of Crown corporations and their subsidiaries are also appointed by the GIC under statutory provisions. Unlike all other GIC appointments, appointments of audit firms, rather than individuals, are made. Given the administrative nature of these appointments, they are approved through the Treasury Board.

Some ministers have authority under their departmental legislation or another statute to establish advisory and other committees to assist or advise the minister or to exercise specific powers without requiring the approval of the GIC, except in cases where the GIC fixes remuneration. These ministerial appointments are supported by the minister’s own department. Where a minister does not have such an authority for appointments, the GIC’s authority to appoint special advisors to a minister pursuant to section 127.1 of the Public Service Employment Act may be available. These GIC appointments are made on the recommendation of the Prime Minister under the Prime Minister’s prerogative for the machinery of government.

In addition, non-ministerial appointments should be made by the Prime Minister before Parliament opens to support the government’s parliamentary program. These are outlined in the transition book entitled: Preparing for a New Parliament.

Role of the Privy Council Office

The Senior Personnel Secretariat in the Privy Council Office (PCO) is the primary Public Service support to the Prime Minister on the policy and process in relation to the majority of GIC appointments and the GIC appointments system. Exceptions to this are where the Machinery of Government Secretariat in PCO provides support for vice-regal and territorial commissioner appointments as well as for the selection and appointment of Cabinet ministers and parliamentary secretaries, and where the Commissioner for Federal Judicial Affairs is responsible for supporting the judicial appointment process. The Senior Personnel Secretariat also provides support to the Prime Minister in respect of appointments to the Senate, which are made by the Governor General on the advice of the Prime Minister, outside of the cabinet process.

The Senior Personnel Secretariat supports the government in circumstances where issues arise with GIC appointees. PCO plays an advisory role, working closely with legal and departmental experts, in managing cases of alleged misconduct, in line with legislation and policies.

PCO also provides information and advice to the government on potential disciplinary actions related to misconduct, including termination of GIC appointees. PCO’s advice on these matters is informed by principles such as respect for procedural fairness for all parties and safeguarding personal information in accordance with the Privacy Act and other frameworks.

Agent and Officer of Parliament appointments

Agents and officers of Parliament are appointed by the GIC pursuant to the enabling legislation for the position. The exception to this is the Chief Electoral Officer, who is appointed by resolution of the House of Commons with no involvement of the GIC.

While there is no explicit definition either in legislation or in the House of Commons Standing Orders, typically a distinction is made between officers of Parliament (that are located within the administrative apparatus of Parliament itself) and agents of Parliament (whose offices are administratively part of the government, but who generally perform an oversight function).

The Senior Personnel Secretariat supports the appointment processes for agents and officers of Parliament on behalf of the Prime Minister. Appointments to agent and officer of Parliament positions are normally made on the recommendation of the Prime Minister after consultation with, and approval by, the House of Commons and/or the Senate, as required by statute (specifics are set out in the enabling legislation for each position). The appointment processes for officers of Parliament (e.g., Clerk of the House of Commons, Parliamentary Librarian, Usher of the Black Rod, Sergeant-at-Arms) do not require approval by resolution of Parliament.

Where the government intends to appoint an agent of Parliament, the nominee may be called to appear before the appropriate House of Commons and/or Senate committee, and the committee may examine their qualifications prior to approving the appointment by resolution.

Appointments by Ministerial recommendation

The majority of GIC positions are filled through Ministerial recommendations. Once a candidate has been identified for appointment (based on relevant statutory provisions and the policy approach determined by the Prime Minister; see below), the responsible minister signs a formal recommendation (the “Ministerial recommendation”) which sets out the organization and position to which the candidate would be appointed, as well as the length of term. The Ministerial recommendation is sent to PCO in the context of its role in supporting the Cabinet decision-making process.

As a means of assessing the suitability of an individual for public office, various forms of due diligence are initiated. This preparatory process is intended to ensure that all appointment requirements, diversity considerations and other relevant factors are taken into account prior to Cabinet consideration.

Deputy Minister appointments

The Clerk of the Privy Council, as head of the Public Service, plays the key role in the strategic management of the deputy minister community. Deputy ministers and associate deputy ministers are appointed by the GIC under the enabling statute of a department or under provisions of the Public Service Employment Act. As the Public Service is a non-partisan institution of government and as these positions represent the most senior level of the Public Service, deputy minister and associate deputy minister appointments are managed through the Clerk of the Privy Council’s advice directly to the Prime Minister and are not considered by Cabinet. This distance from the political oversight of Cabinet is integral to the maintenance of the non-partisan nature of the Public Service that is essential in our system of democratic government.

Judicial appointments

Federal judicial appointments are made by the GIC – that is, the Governor General on the advice of Cabinet. The Prime Minister makes recommendations to the GIC (on the advice of the Minister of Justice) for appointments to the Supreme Court of Canada and those of the Chief Justices and Associate Chief Justices of the Federal Court, the Federal Court of Appeal, the Tax Court, and Superior (trial and appellate) Courts in the provinces. All other federal judicial appointments are made on the recommendation of the Minister of Justice.

The Office of the Commissioner for Federal Judicial Affairs, established under the Judges Act, administers the judicial appointments process on behalf of the Minister of Justice. PCO has limited involvement through the Orders in Council Division, which provides the final list of proposed judicial appointments to be considered by Cabinet and prepares the OIC for each of the approved nominees.

A new process for appointing Supreme Court of Canada Justices, which included the creation of an independent and non-partisan advisory board to assess candidates and to provide non-binding, merit-based appointment recommendations to the Prime Minister, was introduced in August 2016. The seven-member Independent Advisory Board for Supreme Court of Canada Judicial Appointments (Advisory Board) is tasked with reviewing candidates and submitting a shortlist of three to five individuals for consideration by the Prime Minister. The assessment criteria guiding the Advisory Board, the questionnaire that all applicants must answer, and certain answers provided to the questionnaire by the Prime Minister’s eventual nominee, are public. As part of the process, the Minister of Justice and the chair of the Advisory Board appear before Parliament to discuss the selection process. In some instances, nominees have had question and answer sessions with a number of members of Parliament and senators before their appointment to the Supreme Court.

The members of the Advisory Board are appointed by the Governor in Council on the recommendation of the Prime Minister. The Chairperson is designated by the Governor in Council, on the recommendation of the Prime Minister, from among the Advisory Board members. The Advisory Board composition includes four members nominated by independent professional organizations. It convened at the discretion and request of the Prime Minister for the first time in 2016, and subsequently in 2017 and 2021, resulting in the appointments of Justices Malcolm Rowe, Sheilah Martin, and Mahmud Jamal, respectively.

The terms of reference and composition of the Advisory Board have also been adapted to take into account Quebec’s civil law traditions and to meet the requirements under the Supreme Court Act (the Act) to fill Quebec seats on the Court. Under the Act, at least three Supreme Court judges are required to be appointed from among the judges of the Quebec Court of Appeal or Superior Court, or among advocates of the province. A Memorandum of Understanding has been established between the federal and provincial governments, ensuring that the Advisory Board meets the unique aspects of the Quebec process. The process resulted in the appointment of Justice Nicholas Kasirer to the vacant Quebec seat in August 2019.

A process for all other federal judicial appointments has been in place since 1988, which adheres to a set of detailed procedures from the Office of the Commissioner for Federal Judicial Affairs. The process operates as follows:

• Independent judicial advisory committees (at least one in each province and territory) assess the qualifications of the lawyers and provincial and territorial judges who apply. Each judicial advisory committee consists of seven members representing the bench, the bar, and the general public. The appointments process for the judicial advisory committees is detailed on the Federal Judicial Affairs website;
• The Minister of Justice makes an appointment recommendation to Cabinet, chosen from amongst the names previously assessed by the relevant committee; and
• Cabinet’s advice is sent to the Governor General who signs an Order in Council to make the appointment.

Appointments to the provincial court in each province are made by the lieutenant governor of that province on the advice of the provincial government.

A list of current judicial vacancies can be found at Annex C.

Vice-regal appointments

Vice-Regal appointments (i.e., offices of lieutenant governor) are made by the GIC on the recommendation of the Prime Minister. The Governor General is appointed by The Queen on the recommendation of the Prime Minister. Territorial commissioners are distinct from lieutenant governors in that they represent the federal government and not The Queen. While traditionally their appointments have fallen within the statutory responsibility of the Minister of Crown-Indigenous Relations and Northern Affairs, in recent years these appointments have been made on the recommendation of the Prime Minister in recognition of their quasi-vice regal status.

While an Advisory Committee on Vice-Regal Appointments was established in 2012 and charged with providing the Prime Minister with a non-binding list of candidates for offices of lieutenant governor and Governor General, this committee has not met since 2015 and the identification of candidates for vice-regal appointments has been made by the Prime Minister’s Office working with PCO’s Machinery of Government Secretariat. In March 2021, an Advisory Group on the Selection of the Next Governor General was established to assist with the identification of potential candidates to fill that office. The process for the identification of potential candidates for territorial commissioners currently follows the same process as for lieutenant governors.

Heads of mission appointments

The Minister of Foreign Affairs leads the conduct of all diplomatic and consular relations on behalf of Canada, including coordinating the direction given by the Government of Canada to the heads of Canada’s diplomatic and consular missions, managing Canada’s diplomatic and consular missions, and administering the foreign service of Canada.

The Department of Foreign Affairs, Trade and Development Act defines a “Head of Mission” as (a) an ambassador, high commissioner or consul-general of Canada; or (b) any other person that is appointed to represent Canada in another country or at an international organization or diplomatic conference and that is designated head of mission by the GIC.

The Minister of Foreign Affairs, supported by Global Affairs Canada (GAC), makes recommendations for head of mission appointments. Heads of mission are appointed under the authority of the Royal Prerogative. The practice has been to appoint career Foreign Service Officers (public servants) to the positions. This ensures that Canada’s heads of mission have training and experience in the areas of international affairs, including political, economic and commercial dimensions, in foreign languages, and in intercultural effectiveness. The Prime Minister has the discretion to recommend the appointment of individuals from outside the ranks of the Foreign Service (i.e., former ministers, senior public servants, or eminent Canadians).

There are currently 142 individuals appointed as heads of mission. Each year, candidates from among the diplomatic corps of Foreign Service Officers apply for the appointments as part of the annual rotation of approximately one-quarter of the complement. Head of mission appointments are traditionally made by late spring so that rotations can be done in August, but they can take place off-cycle if it is not possible for all appointments to be made by late spring. This timing supports a cohort-based approach that maximizes efficiency in the delivery of supplementary training to the heads of mission, allows for their concurrent immersion or exit, and helps to minimize related costs. Heads of mission are required to undertake specialized training and must also undergo the standard GIC background checks.

Based on GAC’s advice on the best match between Foreign Service Officers’ skills and requirements in each mission, the Minister of Foreign Affairs makes recommendations to the Prime Minister for approval in principle for the proposed appointment. If the Prime Minister agrees, GAC seeks agreement from the host country for the proposed appointment (agrément). Often an individual is appointed as a head of mission to more than one country; the appointment related to the country in which the individual will reside is referred to as the “primary accreditation” and the appointment(s) related to other (usually neighbouring) countries are referred to as “secondary accreditations”. The minister submits a Ministerial recommendation for approval by the GIC when agrément is received. PCO coordinates the process for the appointment of heads of mission in close collaboration with GAC.

Senate appointments

Pursuant to sections 24 and 32 of the Constitution Act, 1867, the power to appoint individuals to the Senate is vested in the Governor General. By constitutional convention, the Governor General summons individuals to the Senate on the advice of the Prime Minister.

The current process for appointing senators, by which an independent and non-partisan advisory body provides the Prime Minister with recommendations on Senate nominations, has been in place since January 2016. The Independent Advisory Board for Senate Appointments (IABSA) consists of three permanent federal members and two ad hoc provincial or territorial members from each of the provinces or territories where a vacancy is to be filled. The IABSA is chaired by one of the federal members and is supported by PCO.

The GIC, on the recommendation of the Prime Minister, appoints the IABSA members. Consultations with provincial or territorial governments are undertaken in order to inform the appointment of provincial or territorial members. Federal members each serve two-year terms and the provincial or territorial members each serve one-year terms. The IABSA provides a short-list of five names for each vacancy to the Prime Minister for consideration, in accordance with their Terms of Reference.

Under this approach, Canadians apply for appointments to the Senate through an open application process. The IABSA assesses the candidates based on a set of merit-based criteria, which are publicly available. Candidates must also meet the minimum constitutional qualifications for senators.

A list of current and expected Senate vacancies is available at Annex B.

Implementation of decisions by the GIC

Decisions of the GIC are rendered through an Order in Council (OIC), the legal instrument which, when signed by the Governor General, formalizes the appointment. The Orders in Council Division of PCO provides operational support in respect of all OICs. Appointments are effective on the date of signature by the Governor General unless another effective date is specified in the OIC.

Following approval of the OIC, appointments are announced in accordance with an established communications plan, generally by the responsible minister. Appointments of deputy ministers and associate deputy ministers are announced by the Prime Minister. As part of established protocols, all approved OICs are posted on the PCO website after they have been signed by the Governor General usually within three business days. A list of appointments is subsequently published in the Canada Gazette. Supported by PCO, the Leader of the Government in the House of Commons is responsible for tabling the appointment OICs in the House of Commons.

The Standing Orders of the House of Commons require that a certified copy of OICs for all non-judicial appointments be tabled in the House of Commons no later than five sitting days after the appointment is published in the Canada Gazette. The appointments are then deemed referred to the appropriate standing committee for its consideration. The committee has 30 sitting days to review the appointment, which may include calling the appointee to appear in order to examine their qualifications.

Current approach to selection and appointment processes

Measures to enhance the rigour and transparency of GIC appointments were implemented in 2009. Under this approach, merit-based selection processes for leadership positions, and many full-time GIC positions, were instituted. The merit-based selection process followed the model previously put in place by the largest administrative tribunals, such as the Immigration and Refugee Board.

In February 2016, the merit-based approach was expanded to include non-leadership as well as part-time GIC positions. This approach included publishing Notices of Appointment Opportunity on a Government of Canada website, and establishing selection committees mandated to assess merit against the criteria identified in the notices. The approach was intended to support the identification of highly qualified candidates who reflect Canada’s diversity in terms of linguistic, regional, and employment equity groups (women, Indigenous Peoples, persons with disabilities, and members of visible minorities), as well as LGBTQ2+, ethnic and cultural groups.

The current policy approach applies to the majority of GIC appointments, to both full-time and part-time positions on commissions, boards, Crown corporations, agencies and tribunals, as well as agents and officers of Parliament. During implementation of the approach in 2016, a centralized model was adopted which saw PCO assume responsibility for all selection processes to which the approach applies, aimed at ensuring consistent application across the range of federal entities. PCO coordinated and oversaw over 220 selection processes between 2018 and 2021 for positions including heads of agencies, boards and commissions, chairpersons and chief executive officers of Crown corporations, full-time positions in various administrative tribunals, and agents and officers of Parliament. In March 2020, delegated authority for selection processes was given to the four largest administrative tribunals – the Immigration and Refugee Board, the Parole Board of Canada, the Social Security Tribunal, and the Veterans Review and Appeal Board.

Key elements of the current selection process include the following:

• For each process, a selection committee, governed by confidentiality and operating by consensus, is established. Selection committee membership is based on two considerations: who is responsible for making the appointment recommendation, and who can bring a perspective on the needs of the organization. Currently, the Prime Minister’s Office, PCO, the responsible minister’s office, and a senior official of the responsible minister’s department participate in most selection committees. These committees are normally chaired by PCO. Depending on legislative or other requirements, other members could be included, such as the head of a tribunal or the chair of a Crown corporation. Selection committees for some organizations are struck based on requirements stipulated in enabling legislation (statutory requirements), which may include different representatives.
• Selection criteria are developed to reflect the needs of the organization and the specific qualifications required of the prospective office holder (i.e., experience, abilities and personal attributes, language requirements and other relevant factors and conditions for the position, including statutory requirements). Selection criteria are approved by the selection committee, based on the needs of the organization and the requirements to perform the duties of the position.
• A recruitment strategy is developed to ensure public awareness and to reach as many prospective candidates as possible. A Notice of Appointment Opportunity is posted on the GIC Appointments website and listed in the Canada Gazette. For leadership positions, search firms may be engaged to support certain aspects of the selection process. Other outreach activities may be undertaken as required for all positions.
• As part of the application process, candidates are asked to provide information on their second official language proficiency, and are invited to self-identify in terms of employment equity representation. Candidates may also choose to self-identify as members of an ethnic or cultural group.
• Candidates are assessed against the requirements of the position by the selection committee through a variety of standardized means at various points in the process. For leadership and full-time positions, this involves, at a minimum, interviews by a selection committee and reference checks. In addition, psychometric assessments are conducted for certain key or high-profile leadership positions, such as agents of Parliament, and some heads of agencies, boards and commissions, as well as chief executive officers of Crown corporations. Additionally, to qualify for consideration to serve as a member of an administrative tribunal, a standardized exam is administered.
• Candidates deemed to be highly qualified through this merit-based assessment process are identified to the responsible minister through submission of an advice letter from the selection committee Chair. Based on this advice, the minister makes a recommendation to the GIC for appointment.

As part of its role of supporting the Prime Minister and Cabinet in making GIC appointments that serve the public interest, PCO is responsible for undertaking background checks and due diligence on all proposed appointees and their spouses/common-law partners; ensuring that appointments meet the applicable statutory provisions; and negotiating terms and conditions of appointments with full-time appointees. These steps are all completed prior to an individual’s appointment to a GIC position.

A comprehensive suitability assessment, known as a background check, involves a review by the RCMP (police records), the Canadian Security Intelligence Service (risk of loyalty to Canada assessment), and a financial assessment involving checks with the Canada Revenue Agency (tax compliance-related infractions), the Office of the Superintendent of Bankruptcy (bankruptcy and insolvency databases), and credit verification with Equifax as a preventative measure to counter financially driven insider threats. The background check also includes a search of publicly available records, including social media, court records, and news reports. In addition, appropriate security screenings are undertaken for some positions.

The Department of Justice is responsible for background checks for the judiciary, with the exception of appointments to the Supreme Court of Canada.

PCO also ensures that proposed appointees meet all statutory requirements for the position prior to appointment. Statutory provisions may include, among others, specific education, experience, language, or residence requirements, conflict of interest or eligibility restrictions, term limits, and requirements for the staggering of terms of members of boards, commissions or administrative tribunals.

Where the government establishes broader policy objectives for GIC appointments, such as diversity in linguistic, regional and employment equity representation, PCO provides advice and relevant information to the Prime Minister and Cabinet.

Currently, the Senior Personnel Secretariat uses a database that can provide a dashboard that indicates what percentage of appointees self-identify official language proficiency, gender, LGBTQ2+, Indigenous, visible minorities, ethnic/cultural group, a person with a disability, or youth. This data is tracked over time, but is limited to the information applicants have voluntarily disclosed.

A list of key appointments [ * ] is included at Annex A.

Compensation

When not governed by statute, the responsibility for establishing compensation for appointed individuals rests with the GIC. The current compensation system for GIC appointees is comprised of the following elements that enable the government to make decisions efficiently, equitably and transparently:

• A classification (job evaluation) plan for various categories of GIC positions, in order to establish the relative worth of various positions, based on the Hay Job Evaluation methodology;
• Salary scales outlining the rate of pay for the various categories of full-time GIC appointees;
• Guidelines for the per diem rate for those individuals appointed to executive or advisory agencies, boards and commissions, and guidelines for the per diem rate and retainer for directors of Crown corporations;
• Terms and Conditions Applying to GIC Appointees, which include information on the responsibilities of appointees such as standards of behaviour and non-salary items such as leave and benefits; and
• A performance management program for those individuals eligible for performance pay.

The GIC retains full discretion in the compensation of its appointees, including the ability to determine personal ranges due to market conditions or other discretionary factors when it is determined there is a need. Some of these decisions are based on past precedent or practice. While the GIC retains full discretion, it must also comply with any legislative requirements and prevailing employment law practices in its decision-making. Advice is provided by the Clerk of the Privy Council to the Prime Minister for decision on these cases, as well as on the compensation system as a whole.

Prior to appointment, officials from PCO’s Senior Personnel Secretariat will undertake a negotiation with prospective full-time appointees to confirm their interest and to negotiate their rate of pay within the approved salary scale for the position and any other terms and conditions.

In order to best meet the diverse needs of the GIC community, the current compensation system provides for four different categories of GIC appointees:

• Deputy ministers – compensated within four salary ranges based on a personal level rather than a classified position, along with performance pay, as appropriate. The Clerk of the Privy Council provides advice to the Prime Minister on the compensation, promotion and performance management of these individuals;
• Heads of agencies, officers of Parliament, certain agents of Parliament, and members and heads of tribunals – compensated within a ten-level scale based on the classified level of the position which they encumber, along with performance pay, as appropriate;
• Chief executive officers of Crown corporations – compensated within an eight-level scale. The remuneration for chief executive officers of most Crown corporations is set by the GIC in accordance with the Financial Administration Act. It includes performance pay, as appropriate. Benefits for chief executive officers are established by the boards of directors, in accordance with the Crown Corporation General Regulations (boards of directors may set benefits within specified parameters); and
• Part-time appointees – appointees in executive or advisory agencies, boards and commissions are paid a per diem rate and chairs and directors of Crown corporations are paid a per diem and in some cases a retainer. The current compensation for part-time rates is based on the size and nature of the organizations.

An effective compensation system is crucial to the ability of the GIC to attract and retain the best possible candidates to effectively support the government’s agenda. While the compensation framework itself and the rates of pay for GIC appointees are within the discretion of the GIC, historically, these decisions have been informed by how executives (EX) and other groups are managed in the Public Service in order to ensure a degree of consistency in the treatment of all public servants. As such, both GIC appointees and EXs have fallen under the same general principles and Treasury Board, in consultation with the Prime Minister, has been responsible for approving recommended economic increases to salaries. While there are exceptions for distinct GIC groups such as chief executive officers of Crown corporations and part-time appointees to boards and agencies, the basic principles are the same.

An integral part of the current compensation system for GIC appointees is the emphasis placed on pay for performance. For certain full-time appointees (deputy ministers, certain heads of agencies, officers of Parliament, heads of mission whose remuneration is fixed by the GIC, and chief executive officers of Crown corporations), a portion of their salary is put at-risk each year which must be re-earned based on the achievement of objectives. Those, other than chief executive officers of Crown corporations, who surpass objectives are eligible for a performance bonus.

The Performance Management Program for GIC Appointees establishes guidelines on the setting and evaluation of annual performance commitments divided into four categories: policy and program results in support of the government’s agenda; management results; leadership results; and a corporate priority identified annually by the Clerk of the Privy Council.

The evaluation of performance is rigorous and consists of multiple sources of input including self-assessments, peer reviews, assessments on management performance from central agencies and the views of responsible ministers. For heads of agencies, the views of responsible ministers as well as a committee of deputy ministers with portfolio responsibilities are sought to ensure an equitable distribution of ratings. In developing the final performance ratings, careful attention is paid to distinguishing truly outstanding performance. The final ratings are subject to the Prime Minister and GIC approval.

Terms and conditions of appointment

GIC appointments are made for either a fixed-term or an undetermined period and appointees hold office either “at pleasure” or “during good behaviour”.

• An “at pleasure” appointment implies that an individual serves at the discretion, or “pleasure” of the government and can be removed from office without cause, with cause or by operation of law.
• An appointment “during good behaviour” implies that individuals must be able to carry out their work and make decisions free from inappropriate scrutiny by the legislative and executive branches of government. An appointment during good behaviour entitles the individual to remain in office for the duration of their term subject to their good behaviour; however, they can be removed with cause or by act of Parliament.

The terms and conditions of each appointment, including whether the appointment is at pleasure or during good behaviour, are set out in a number of instruments, including the appointing Order in Council, the Interpretation Act, the governing legislation, and policies such as the Terms and Conditions Applying to Governor in Council Appointees.

The table below provides an illustration of the types of GIC appointments to leadership positions and whether they typically serve at pleasure or during good behaviour.

Key full-time leadership appointments

The Terms and Conditions applying to Governor in Council appointees set out examples of behaviours (e.g., harassment, discrimination) that can constitute grounds for termination for cause. Notably, they also include a clause permitting the recovery of previously awarded performance pay, under certain conditions, when subsequent information comes to light regarding past performance.

PCO provides advice and support to the government in circumstances where issues arise with GIC appointees. PCO’s advice on these matters is informed by principles such as respect for procedural fairness for all parties and safeguarding personal information in accordance with the Privacy Act and other frameworks.

At certain times, the GIC may also need to determine when it is appropriate to terminate the appointment of an appointee or take other serious measures to address workplace issues, such as administrative suspension. These cases must be carefully managed in order to limit the Crown’s liability. The Clerk of the Privy Council will provide advice to the Prime Minister taking into account the nature of the individual’s appointment (at pleasure versus during good behaviour), governing legislation, jurisprudence, past practice and compensation that may be owing. The responsible minister manages GIC appointees within their portfolio and will make a recommendation to the GIC. The GIC is responsible for terminating the appointment and approving all settlement agreements in the cases where compensation may be owed. Each of these situations is assessed on a case-by-case basis.

Learning

The GIC is also responsible for ensuring its appointees are provided with the necessary orientation and training to ensure success and also to ensure they are aware of their roles and accountabilities as public office holders.

PCO has worked with its partners to put in place an orientation and learning program for senior leaders. The Canada School of Public Service provides a series of programs for newly appointed deputy ministers, chief executive officers and directors of Crown corporations and heads of agencies. In addition, PCO administers a one-on-one orientation program with other central agencies, including the Treasury Board Secretariat, to further reinforce this learning on topics ranging from human resources and financial management and machinery of government, to values and ethics.

Future directions/areas for discussion

Outreach and recruitment strategies

The merit-based approach to appointments – introduced in 2009 and expanded in 2016 to cover non-leadership positions –supports the identification of highly qualified candidates who reflect Canada’s diversity in terms of linguistic, regional, and employment equity representation as well as gender parity and LGBTQ2+.

[ * ]

Planning cycle

There are currently over 330 vacant positions and close to 100 positions expiring before December 31, 2021. This includes 10 currently vacant leadership positions and an additional six leadership positions expiring by the end of the year. [ * ] including the Chair of the Canadian Human Rights Tribunal (vacant as of September 1, 2021), the National Security and Intelligence Committee of Parliamentarians (which requires reconstitution following dissolution of Parliament; members must be reappointed within 60 days of Parliament being summoned to sit, following consultations), and the Public Sector Integrity Commissioner (as the term of the incumbent expires in March 2022, [ * ]

Compensation for executives and GIC appointees

[ * ]

Management of GIC appointees

PCO has implemented a number of measures, such as screening and training, to ensure that the GIC community has the skills and tools to promote a safe, healthy workplace. [ * ]

Vice-regal appointments

[ * ]

Priority appointments and vacancies

[ * ]

Information regarding Senate vacancies can be found in Annex B.

The Office of the Commissioner for Federal Judicial Affairs, established under the Judges Act, administers the judicial appointments process on behalf of the Minister of Justice. PCO has limited involvement through the Orders in Council Division, which provides the final list of proposed judicial appointments to be considered by Cabinet and prepares the OIC for each of the approved nominees. A list of vacancies, obtained from the Office of the Commissioner for Federal Judicial Affairs, is provided at Annex C.

Annex A: Priority appointments

Currently, there are over 320 vacant non-leadership and 10 vacant leadership positions. An additional 200 non-leadership and 35 leadership positions will become vacant in the coming year (by March 31, 2022 and August 31, 2022 respectively). For leadership positions, additional lead time is typically required to recruit, assess and appoint candidates.

[ * ]

Note: in cases where a leadership position is vacant, an actor is generally put in place or an interim appointment made in order to ensure continuity of business.

In addition, the section below includes lieutenant-governor positions for which tenure exceeds, or is approaching, the conventional term of five years.

The priority appointments below are grouped as follows:

1. Legislated positions;
2. Advisory positions created by a mandate Order in Council;
3. Vice-Regal positions; and,
4. Other priority positions.

Appointments flagged for attention in the urgent issues list are denoted by an asterisk (*).

1. Legislated positions

Agriculture and Agri-Food

Canada Agricultural Review Tribunal:

• 2 Members – 1 term ends November 28, 2021, 1 terms ends December 13, 2021

Canadian Dairy Commission:

• Chairperson – term ends December 16, 2021
• Chief Executive Officer – term ends May 13, 2022

Canadian Heritage

Canadian Museum of Nature:

• Director – term ends June 5, 2022

Canadian Race Relations Foundation:

• 5 Directors – 3 vacant; 1 term ends December 17, 2021, another ends March 25, 2022

Crown-Indigenous Relations

Arbitration Board (Inuvialuit):

• Chairman – vacant
• Vice-Chairman – vacant

First Nations Financial Management Board:

• 3 Directors – 2 vacant; 1 term ends October 16, 2021

Nunavut Wildlife Management Board:

• Chairperson – term ends June 24, 2022

Renewable Resources Board (Sahtu):

• Chairperson – vacant
• 3 Members – 2 Sahtu Dene and Métis vacant, 1 Government of the Northwest Territories vacant
• 6 Alternate Members – 2 federal vacant; 3 Sahtu Dene and Métis vacant; 1 Government of the Northwest Territories vacant

Employment, Workforce Development and Disability Inclusion

Social Security Tribunal*:

• 32 Full-time Members vacant or term ends before March 31, 2022
• 7 Part-time Members vacant or term ends before March 31, 2022

Environment and Climate Change

Net-Zero Advisory Body:

• Up to 15 Members, including 2 designated co-chairs

The Minister of Environment and Climate Change established a ministerial advisory body in advance of the Canadian Net-Zero Emissions Accountability Act receiving Royal Assent in June 2021. Under the Act, Members of the Net Zero Advisory Body are appointed by the Governor in Council (GIC).

Finance

Canada Deposit Insurance Corporation:

• Chairperson – term ends June 30, 2022

Canada Development Investment Corporation*:

• President – vacant

Canadian International Trade Tribunal:

• Vice-Chairperson – vacant

Fisheries, Oceans and the Canadian Coast Guard

Freshwater Fish Marketing Corporation:

• Chairperson – term ends June 30, 2022
• President – vacant; Interim President appointed in 2017

Great Lakes Fishery Commission:

• 2 Members – vacant

International Commission on the Conservation of Atlantic Tunas:

• 2 Commissioners – 1 vacant; 1 term ends December 11, 2021

International Pacific Halibut Commission:

• 2 Members – 1 vacant; 1 term ends November 1, 2021

North Pacific Anadromous Fish Commission:

• 2 Canadian Representatives – 1 vacant; 1 term ends December 10, 2021

Northwest Atlantic Fisheries Commission:

• 1 Canadian Representative – vacant

Global Affairs (Foreign Affairs)

Heads of Mission - Note that these are Royal Prerogative appointments (diplomatic appointments that are within the discretion of the GIC):

• Ambassador of Canada to Saudi Arabia
• Ambassador of Canada to the Holy See
• Ambassador of Canada to Venezuela
• Ambassador of Canada to France
• Consul General of Canada in Atlanta, United States of America
• Consul General of Canada in New York, United States of America
• Consul General of Canada in Chicago, United States of America

Global Affairs (International Development)

International Development Research Centre:

• Chairperson – term ends June 9, 2022
• 4 Governors – 4 vacant

Global Affairs (Small Business, Export Promotion and International Trade)

Business Development Bank of Canada:

• Chairperson – term ends March 4, 2022

Canadian Commercial Corporation:

• Chairperson – term ends February 6, 2022

Invest in Canada Hub:

• Chief Executive Officer – term ends August 18, 2022
• Chairperson – term ends March 11, 2022
• 3 Directors – vacant

Health

Canadian Centre on Substance Abuse:

• Chief Executive Officer – term ends July 27, 2022

Patented Medicine Prices Review Board:

• Chairperson and Member – term ends November 9, 2021

Public Health Agency of Canada:

• Chief Public Health Officer of Canada term ends June 20, 2022

Immigration, Refugees and Citizenship

Immigration and Refugee Board*:

• Assistant Deputy Chairperson and Member – Vancouver location: vacant
• Full-time Members – various positions in Montreal, Ottawa, Toronto, Calgary, Vancouver locations are vacant
• Part-time Members – various positions in Montreal, Toronto, Calgary, Vancouver locations are vacant

Innovation, Science and Industry

Competition Tribunal:

• Chairman and Judicial Member – term ends April 29, 2022
• 1 Judicial Member – vacant

National Research Council of Canada:

• Chairperson – term ends April 14, 2022
• 4 Members – 3 vacant; 1 term ends December 5, 2021

Standards Council of Canada:

• Chairperson / Member – vacant
• Executive Director – term ends April, 15, 2022

Justice

Canadian Human Rights Commission
Multiple vacancies could affect the functioning of the commission.

• Chief Commissioner – term ends March 29, 2022
• Deputy Chief Commissioner – term ends December 10, 2021
• Accessibility Commissioner – vacant
• 3 Members – 2 vacant; 1 term ends October 31, 2021

Canadian Human Rights Tribunal*:

• Chairperson – vacant
• 4 Members – 2 vacant; 1 term ends December 30, 2021, 1 term ends January 28, 2022

Judicial Advisory Committee (AB, MB, NS, NT, ON East and North, QC East, PEI):

• Board membership in provinces and territories are vacant

Office of the Commissioner for Federal Judicial Affairs:

• Commissioner for Federal Judicial Affairs – term ends June 20, 2022

Supreme Court of Canada:

• Registrar – vacant; Deputy Registrar acting as Registrar until December 31, 2021
• Deputy Registrar – term ends December 31, 2021

Labour

Canadian Centre for Occupational Health and Safety (AB, MB, QC, NS, NL, NU):

• Governors – various locations are vacant
• Governors – nominees from Labour Organizations – 3 vacant; 1 term ends December 13, 2021
• Governors – nominees from Employer Association – 1 term ends December 13, 2021

National Defence

Military Grievances External Review Committee:

• Chairperson – term ends June 25, 2022
• Vice-Chairperson – term ends March 27, 2022
• 2 Members – 1 term ends December 13, 2021; 1 term ends February 4, 2022

Military Judges Compensation Committee*:

• Chairperson – vacant
• 2 Members – 1 position nominated by the Minister vacant and 1 nominated by the military judges vacant

Military Police Complaints Commission*:

• Chairperson – term ends October 4, 2021

Natural Resources

Canada-Nova Scotia Offshore Petroleum Board

• Chief Executive Officer/Chairperson (one position) – vacant – joint appointment with government of Nova Scotia:

Northern Affairs

Northwest Territories:

• Commissioner of the Northwest Territories – term ends June 26, 2022

President of the Queen's Privy Council for Canada

Public Servants Disclosure Protection Tribunal:

• Chairperson – term ends December 20, 2021

Public Service Commission:

• Commissioner – term ends January 16, 2022

Prime Minister

Intelligence Commissioner:

• Term ends April 17, 2022; under the legislation, in the absence of a commissioner, the GIC must appoint an actor. The appointee must be a retired judge of a superior court, limiting the pool of candidates, and the current incumbent is not eligible for reappointment.

National Security and Intelligence Committee of Parliamentarians*:

• 1 Chairperson and up to 10 other Members must be appointed within 60 days of Parliament resuming

National Security and Intelligence Review Agency Secretariat:

• Executive Director – term ends August 11, 2022

Public Safety and Emergency Preparedness

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (RCMP):

• Vice-Chairperson and Member – vacant

Management Advisory Board for the Royal Canadian Mounted Police*:

• Chairperson and Member – vacant
• Vice-Chairperson and Member – vacant
• 10 Members – 2 vacant;  8 terms end December 1, 2021

Parole Board of Canada:

• Members: 7 full-time and 7 part-time members across 5 regions currently vacant or with terms ending before March 31, 2022

Public Services and Procurement

Canada Lands Company Limited:

• Chairperson – term ends June 18, 2022

Federal Public Sector Labour Relations and Employment Board:

• 3 Full-time Members – vacant
• 5 Part-time Members – 1 vacant; 4 terms end September 27, 2021

National Capital Commission:

• Chairperson – term ends June 6, 2022

Payments in lieu of Taxes Dispute Advisory Panel:

• 14 Members – positions across various locations are vacant

Transport

Laurentian Pilotage Authority:

• Chairperson – vacant

Transportation Appeal Tribunal of Canada:

• Vice-Chairperson and various Member positions – vacant

VIA Rail Canada Inc.:

• Chairperson – term ends April 11, 2022

Treasury Board

Office of the Privacy Commissioner* (note below):

• Privacy Commissioner – term ends June 3, 2022

Office of the Public Sector Integrity Commissioner* (note below)

• Public Sector Integrity Commissioner – term ends March 26, 2022

Note: Candidates are recommended to the Prime Minister by the President of the Treasury Board as part of the appointments process. The appointment is made by the Governor in Council on the recommendation of the Prime Minister.

Public Service Pension Advisory Committee*:

• 6 Members (Federal Nominee) – 5 vacant and 1 term ends November 20, 2021
• 2 Members (National Joint Committee Nominee) – 2 vacant

2. Appointments created by mandate Order in Council

Prime Minister

Independent Advisory Board for Senate Appointments (note below):

• Chair – term ends July 19, 2022
• Federal Members – term ends July 19, 2022
• Provincial/Territorial Members – 2 members in each of BC, MB, NWT, NS, NU, PEI; 1 member in each of QC, SK

Note: Members of the Independent Advisory Board for Senate Appointments are appointed by the Governor in Council on the recommendation of the Prime Minister. This organization, established in January 2016, has the mandate to recommend candidates for nomination to the Senate.

Information about Senate vacancies can be found in Annex B. Appointments to the Senate are not made by the Governor in Council, but on an Instrument of Advice from the Prime Minister to the Governor General.

Independent Advisory Board for Supreme Court of Canada Judicial Appointments:

• Special adviser to the Prime Minister to serve as a Chairperson (Designation) – term ends February 17, 2022
• Special adviser to the Prime Minister to serve as a Member – term ends February 17, 2022
• Members – 7 positions with terms ending February 17, 2022

Department of Foreign Affairs, Trade and Development

Canada's Ambassador for Climate Change:

• Term ends December 31, 2021

Special Envoy on Preserving Holocaust Remembrance and Combatting Antisemitism:

• Term ends November 22, 2021

Justice

Special Advisor on Wrongful Convictions:

• Special Advisor – term ends November 28, 2021

Office of the Federal Ombudsman for Victims of Crime:

• Federal Ombudsman for Victims of Crime – term ends September 30, 2021

National Revenue

Independent Advisory Board on Eligibility for Journalism Tax Measures:

• Vice-Chairperson and Member – term ends March 23, 2022
• Member – term ends March 23, 2022

3. Vice regal positions

Lieutenant Governors

While there is no set term limit for a Lieutenant Governor, by convention it is typically a five-year appointment though the incumbent serves until a successor is appointed. There are currently three Lieutenant Governors whose tenure has gone past five years and all have discreetly inquired to see what the Government’s intentions may be concerning either their replacement or formalizing some form of extension to their term (to provide themselves and their staff a degree of certainty).

• Lieutenant Governor of Ontario: incumbent appointed September 23, 2014 (7 years)
• Lieutenant Governor of Manitoba: incumbent appointed June 19, 2015 (6 years)
• Lieutenant Governor of Quebec: incumbent appointed September 24, 2015 (6 years)

As well, with regard to the Lieutenant Governor of Nova Scotia, the incumbent was appointed on June 28, 2017 and will reach the 5-year mark in June 2022.

4. Other - Priority appointment

Families, Children and Social Development

Office of the Federal Housing Advocate:

• Federal Housing Advocate – Vacant (appointment within first 100 days of mandate)

Note: Other new policy, program and legislative initiatives may have appointments implications, with different considerations and timelines involved. PCO will provide appointments-related advice on such initiatives as they are advanced.

Annex B: Current and projected Senate vacancies

Highlights

• As of September 20, 2021, there are 11 Senate vacancies, consisting of: Alberta (1), British Columbia (1), Manitoba (1), New Brunswick (2), Newfoundland and Labrador (1), Nova Scotia (1), Ontario (2), Prince Edward Island (1), Saskatchewan (1).
• From 2021 through 2025, there are 28 anticipated Senate vacancies, including one in 2021; four in 2022; five in 2023; 10 in 2024; and eight in 2025. All provinces will have at least one vacant seat over the next four years and Nunavut will have one vacancy in 2023. The exception to this will be Yukon and the Northwest Territories, which have no anticipated vacancies.

Key metrics

As of September 20, 2021, the composition of the Senate is as follows:

• Independent Senators Group (ISG): 40
• Conservatives (C): 18
• Canadian Senators Group (CSG): 13
• Progressive Senate Group : 13
• Non-affiliated (N-A): 10¹
• Vacancies: 11, consisting of: Alberta (1), British Columbia (1), Manitoba (1), New Brunswick (2), Newfoundland and Labrador (1), Nova Scotia (1), Ontario (2), Prince Edward Island (1), Saskatchewan (1)

The following table outlines the projected Senate vacancies through 2025, assuming vacancies arise only from mandatory retirements.

Annex C: Judicial vacancies

Vacancy rates fluctuate often due to retirements, opting for supernumerary status and appointments.
Updated as of September 7th, 2021.
Source: Number of federally appointed judges as of February 1, 2022