Cabinet formation

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The Prime Minister

Constitutional status and relationship with Governor General

The Prime Minister’s role, like many other elements of the Westminster system of government, is based on constitutional convention rather than statute law. The Prime Minister is not mentioned in the Constitution Act, 1867 and is mentioned only incidentally in the Constitution Act, 1982.

Traditionally, the Prime Minister is “first among equals” within Cabinet, an expression that emphasizes both their pre-eminence and comparative equality vis-à-vis other ministers of the Crown, who, with the Prime Minister, act collectively as Cabinet. That said, as the individual called upon by the Governor General to form a government, the Prime Minister advises on the appointment of other Ministers, and is the architect of the Cabinet system, its decision-making processes and of the machinery of government. A Prime Minister’s management of Cabinet will vary according to inclination and circumstances, but traditionally Canadian Prime Ministers have played a dominant role within their Ministries.

Since Canada is a constitutional monarchy, The King is Head of State, while the Prime Minister is Head of Government. Executive power is vested in The King in the Constitution Act, 1867. Under the Letters Patent of 1947, most of the Sovereign’s functions as Head of State are exercised by the Governor General, The King’s representative in Canada. By convention, however, these functions are exercised on the advice of the Prime Minister and Cabinet in all but the most exceptional circumstances.

The Governor General has authority to name the Prime Minister, to dismiss a Prime Minister who attempts to govern without the confidence of the House of Commons, and to dissolve Parliament and call elections. In all but the most exceptional circumstances, convention and the democratic process make it unnecessary and inappropriate for a Governor General to use personal initiative and discretion in the exercise of these powers. 

As Head of Government, the Prime Minister has overall responsibility for relations with the Governor General and the Sovereign and is their chief advisor. For example, it is the Prime Minister who deals with the Governor General on the government’s behalf, and it is the Prime Minister who advises the Sovereign on the appointment of Governors General. 

The Prime Minister also approves the Governor General’s official foreign travel^{Footnote 1} and approves all formal visits to Canada of The King and Royal Family.

The Prime Minister and Governor General will typically meet regularly to discuss the Government’s agenda and issues of the day. These are usually informal meetings. While Governors General are not involved in government policy-making, by tradition they do have the right to discretely “advise, encourage and warn” the Prime Minister should they feel that there are issues of significant public concern that need to be addressed.

Powers and responsibilities

As the individual who forms and leads the Government of the day in a complex environment with domestic and international challenges, it is not surprising that the Prime Minister has a large and busy role. One approach to cope with the sheer workload is for the Prime Minister to set a broad agenda for the government to guide the work of the Ministry and to focus personally on a limited number of key priorities. This underscores the importance of the mandate letters that the Prime Minister provides to ministers, and of the Speech from the Throne, as a means of setting the government agenda, and individual and collective priorities for ministers. 

Under the Westminster system, a Prime Minister has a broad range of tools for setting and overseeing his or her government’s course. In particular, the appointment of ministers and other senior public office holders, as well as the organization of the federal government’s machinery – including the size and composition of the Ministry, the structure and decision-making process of Cabinet, the organization of portfolios, the structure and mandates of departments, agencies and other entities, and the allocation of functions within such entities – is the exclusive personal prerogative of the Prime Minister. That is to say, these decisions are not in themselves subject to approval by Cabinet, or by Parliament as long as they are consistent with existing authorities and legislation. The Prime Minister is supported in the exercise of these functions by both the Privy Council Office (PCO) and the Prime Minister’s Office (see section 2 for further detail).

The Prime Minister’s principal powers and responsibilities fall under the headings listed below^{Footnote 2}.

The power to recommend appointments to key positions:

• This includes ministers and ministers of state, deputy ministers, heads of agencies, parliamentary secretaries, parliamentary officers, senators, the Governor General and Lieutenant Governors, Supreme Court Justices, and members of quasi-judicial bodies.
• From this power flows the Prime Minister’s authority to assign responsibilities to ministers and to the departments and agencies for which they are responsible, and to establish standards of conduct for ministers and other public office holders that he or she appoints.

The power to organize the government, including determining the structure of Cabinet and the decision-making process. The Prime Minister:

• determines the ground rules by which Cabinet will operate, determining the Cabinet committee structure and mandates and selecting committee chairpersons and members;
• convenes and presides over Cabinet meetings, guides Cabinet towards consensus and determines what consensus has been reached; and,
• determines the machinery of government, including the structure and mandates of ministerial portfolios, the creation of new organizations, changes to mandates, or the amalgamation, transformation or elimination of existing entities.

Overall responsibility for setting and overseeing the broad direction of government policy and expenditure. For example, the Prime Minister:

• recommends the summoning, prorogation or dissolution of Parliament;
• establishes the government’s agenda before Parliament by directing the preparation of the Speech from the Throne;
• sets out expectations and priorities in mandate letters to the Ministry;
• reviews funding proposals for inclusion in the Budget (and, typically, off-cycle Budget asks as well) with the Minister of Finance and approves the Budget presented by the Minister; and,
• is the authoritative spokesperson within government, in Parliament and outside government on what is or is not government policy.

Special responsibility for national security:

• While the Minister of Public Safety and Emergency Preparedness is responsible for coordinating the activities of national security agencies and establishing strategic priorities for those bodies relating to public safety and emergency preparedness, as Head of Government, the Prime Minister bears ultimate responsibility for safeguarding the security of the state and its citizens, the rights of Canadians, and the integrity of the Ministry and Government as a whole. In that regard, the Prime Minister determines the overall direction of national security, defence and foreign intelligence. 

Ultimate responsibility for foreign policy and international relations:

• While the Minister of Foreign Affairs is responsible for the day to day conduct of foreign affairs, the Prime Minister determines the overall direction for Canada’s foreign policy. As Head of Government, the Prime Minister is also Canada’s pre-eminent international representative and spokesperson. 
• The Prime Minister sets the tone for Canada’s international engagement by actively building and maintaining good personal relations with foreign leaders through correspondence, telephone and video-conferencing calls, as well as by representing Canada’s interests in international fora on issues such as security, defence, trade and commerce, development assistance, environment, health and human rights.
• Beyond his or her direct engagement in foreign policy, the Prime Minister has a number of powers and tools to implement the Government’s foreign policy. The power of appointment (outlined above), for example, enables the Prime Minister to appoint ministers, deputy ministers, heads of Canada’s diplomatic missions abroad (ambassadors and high commissioners) and other key individuals with responsibilities related to foreign affairs. Through mandate letters to the Minister of Foreign Affairs and other ministers with responsibilities for international affairs, the Prime Minister can define parameters for Canada’s international engagement and identify priorities and deliverables. Through the Cabinet decision-making process, the Prime Minister also has the power to approve or reject policy proposals relating to Canada’s international engagement.
• While the Governor General is the Commander-in-Chief of the Canadian Armed Forces, in practice, the Prime Minister, working closely with the Minister of National Defence, determines Canada’s overall strategic defence policy and priorities. The deployment of the Canadian Armed Forces is an important instrument of national power that supports foreign policy objectives through the defence of Canada and North America from external threats, and by contributing to international peace and security efforts. While appointed by the Governor General on the advice of the Prime Minister, the Chief of the Defence Staff briefs the Prime Minister directly on major military developments. 
• The Prime Minister has the ability to identify specific issues of interest for Canada, and to actively pursue these objectives, including through his or her own personal engagement.
• The Prime Minister also advances Canadian interests by undertaking bilateral and multilateral visits, participating in international summits (e.g., the United Nations General Assembly, the G7 and G20, Asia-Pacific Economic Cooperation, La Francophonie and the Commonwealth Heads of Government), and by receiving international leaders in Canada. Twice a year, in consultation with Global Affairs Canada and the Prime Minister’s Office (PMO), the PCO provides advice on upcoming international events and incoming and outgoing travel for the Prime Minister and the Governor General. 

Direct responsibility for federal-provincial-territorial relations:

• Ultimate responsibility for intergovernmental relations rests with the Prime Minister. The Prime Minister is the principal interlocutor with provincial and territorial premiers, including calling and chairing all First Ministers’ Meetings. Accordingly, the Prime Minister sets the Government of Canada’s overall tone and approach regarding how it will engage provinces and territories.
• In addition, the Prime Minister has an overarching responsibility for national unity and represents the Government of Canada in constitutional discussions with First Ministers. The President of the King’s Privy Council for Canada and Minister of Intergovernmental Affairs is a key advisor to the Prime Minister and Cabinet on intergovernmental matters.

Management of the Prime Minister’s portfolio:

• Given the range of the Prime Minister’s responsibilities and interests, but lack of statutory program responsibilities, the shape of the Prime Minister’s portfolio can be dynamic. At its core, the portfolio includes other ministers who have complementary cross-governmental responsibilities. Portfolio organizations reflect the Prime Minister’s and ministers’ responsibilities by, for example, providing support on their functions or by reporting through them to Parliament. A Prime Minister can transfer an organization to his or her portfolio in order to provide direct leadership or to demonstrate its importance to the government agenda. Arm’s length entities may also be placed in the portfolio in order to avoid potential or perceived conflicts with the responsible minister’s mandate and authorities.
• A Prime Minister can also choose to take upon themselves a special role within the Ministry in relation to a particular file, in order to highlight its importance to the Government. Given the day-to-day workload associated with being the Prime Minister, however, any additional responsibilities would ideally, be comparatively light. Support for this type of special, self-appointed role would be provided by PCO.
• The Prime Minister is the responsible minister under the Financial Administration Act for PCO, the National Security and Intelligence Review Agency, the Office of the Secretary to the Governor General, and the Office of the Intelligence Commissioner.

All of the responsibilities described above are in addition to the Prime Minister’s political role as leader of his or her party, caucus leader and constituency representative.

Organizations supporting the Prime Minister: PCO and PMO

The Prime Minister is directly supported by two organizations, which are part of the Prime Minister’s portfolio and whose roles complement one another while occupying different spheres: the Privy Council Office and the Prime Minister’s Office. 

The Privy Council Office

PCO is a central agency of government, staffed by public servants, which directly supports the Prime Minister across the full range of his or her responsibilities as Head of Government.  Under the leadership of the Clerk of the Privy Council, who is the most senior non-partisan official in the Government of Canada, PCO serves as the Prime Minister’s public service department (and that of other Ministers in the Prime Minister’s portfolio) as well as secretariat to the Cabinet and its committees.

The Clerk’s role has evolved significantly since 1867 (when it was largely administrative), reflecting the expanding workload and complexity of the Cabinet system.  This has been particularly true in the post-World War II era during which the role of government expanded, and the Cabinet decision-making process and public service support became far more sophisticated.  The Clerk’s advisory responsibilities also became more significant, and he or she became the Prime Minister’s principal non-partisan advisor and link to the public service.

Today, the Clerk has three distinct roles: Deputy Minister to the Prime Minister, Secretary to Cabinet and Head of the Public Service.  In each of these capacities, the Clerk serves as the Prime Minister’s chief public service advisor and pre-eminent link with the public service – both in bringing forward advice from departments and in communicating direction from the Prime Minister to the public service.  The functions of PCO flow from these responsibilities of the Clerk.

Deputy Minister to the Prime Minister

As Deputy Minister to the Prime Minister, the Clerk is the Prime Minister’s principal public service advisor, responsible for providing the highest quality, non-partisan advice on government policy and operations, drawing on the advice and support of all departments and agencies.  

Specific policy areas in which the Clerk and PCO provide advice and support include:

• constitutional issues and relations with The King and the Governor General;
• relations with Parliament, including legislative priorities;
• the structure, functioning and decision-making processes of government;
• Cabinet shuffles and ministerial mandates;
• managing government transitions, such as after an election;
• social, economic and fiscal policy issues, including budgetary policies;
• appointments and appointment processes for certain positions in government, including deputy ministers and heads of agencies;
• national security, and foreign and defence policy issues;
• meetings of the Prime Minister with leaders and representatives of other countries and international organizations; and,
• relations with provincial and territorial governments, including possible timing and agenda topics for First Ministers’ Meetings.

Secretary to the Cabinet

The Clerk’s role as Secretary to the Cabinet was formalized by Order in Council in 1940.  In this role, the Clerk assists the Prime Minister in maintaining the cohesion of the Ministry and giving direction to it.  As Secretary to the Cabinet, the Clerk provides support and advice to the Ministry as a whole, and is personally accountable to the Prime Minister for the integrity and coherence of the Cabinet process, including the work of Cabinet committees and the management of the Cabinet documents of previous governments.

Under the direction of the Clerk, PCO is responsible for Cabinet secretariat services, which entail not only providing secretariat support to the deliberations of Cabinet and its committees, but also providing advice to the Prime Minister on the general structure of the decision-making process, and ensuring that due process is followed in accordance with the standards set by the Prime Minister.

PCO provides Cabinet and its committees with the support needed to conduct its business, including:

• arranging meetings;
• proposing and circulating agendas;
• distributing documents;
• providing advice on agenda items and other support to the chairperson of each committee;
• working with departments in preparing proposals for ministers, and ensuring interdepartmental coordination and consultation;
• recording Cabinet minutes and decisions;
• transmitting Cabinet decisions to departments;
• managing and maintaining the confidentiality of cabinet documents; and,
• ensuring that Orders in Council and other statutory instruments are prepared and provided for the approval of the Governor General in order to give effect to government decisions.

In support of the Clerk’s responsibilities as Deputy Minister to the Prime Minister and Secretary to the Cabinet, PCO works closely with line departments, as well as with PMO, the Treasury Board Secretariat and the Department of Finance to ensure that new proposals are consistent with the government’s overall objectives and policies, risks (e.g., financial, implementation and possible unintended consequences) are fully assessed and that all affected interests have been consulted.  Once a decision is reached by Cabinet, and any associated machinery and funding decisions have been completed, PCO ensures that decisions are communicated to the relevant Ministers and departments, who are responsible for effective implementation.

Head of the Public Service

As Head of the Public Service – a title formally acquired under changes to the Public Service Employment Act in 1992 – the Clerk serves as the principal link between the Prime Minister and the public service of Canada, and is responsible for the quality of expert, professional and non-partisan advice and service provided by the public service to the Prime Minister, to other Ministers and to all Canadians.  This also entails responsibility for the protection of critical public service values such as integrity and impartiality.

As the most senior deputy minister, the Clerk communicates a vision and a strategic direction for the public service through leadership in the deputy minister community.  In this capacity, the Clerk is also responsible for the management and development of senior members of the public service, including by advising on deputy minister appointments and management of deputy minister performance through an annual review process.

The principal mechanisms through which the Clerk achieves these objectives include: regular meetings of deputy ministers, the Committee of Senior Officials (a committee of deputy ministers that advises the Clerk on senior appointments and other human resources management priorities and issues) and deputy minister operational policy committees.  The Clerk is also responsible for providing recommendations to the Governor in Council on the appointment and performance management of deputy ministers.

As required by the Public Service Employment Act, the Clerk reports annually to the Prime Minister on the state of the public service and copies of that report are tabled in Parliament. 

Overall continuity of the Government of Canada

The Clerk and PCO have distinctive responsibilities with respect to the overall continuity of Canada’s system of government.  These responsibilities go beyond service to the government of the day, and include:

• conducting medium-term policy research on and policy development of matters that may extend beyond the government’s mandate;
• ensuring the continuity of government between successive administrations including ensuring public service readiness to provide support to ensure the effective, efficient and peaceful transition of power that is the hallmark of a modern democracy;
• advising the government of the day on the established conventions of Canada’s constitutional monarchy, including the implementation of the caretaker convention; and,
• keeping custody of the records of previous administrations.

The Prime Minister’s Office

PMO is comprised of the Prime Minister’s personal and political staff, and its broad role is to provide political and strategic advice, caucus and media relations support, as well as logistical support, directly to the Prime Minister. The precise role of PMO varies according to the needs and preferences of the Prime Minister in office, and its organization is at the discretion of the Prime Minister.

PMO provides advice and support to the Prime Minister on official government business.  This includes advising on priorities, political strategy and tactics, as well as the political dimensions of policy initiatives, including communications. PMO also provides liaison with ministers, caucus and exempt staff in ministers’ offices.  While PMO staff have no legal authority to exercise the authority of the Prime Minister, they facilitate the Prime Minister’s relations with ministers, and act as the central point of communication and coordination with them. The support functions of PMO include organizing the Prime Minister’s agenda, coordinating his or her agenda and travel, and preparing correspondence.

As noted above, the Clerk is responsible for the integrity of the Cabinet process, and for this reason PMO staff do not set Cabinet’s agenda or manage Cabinet documents.  However, in order to fulfil their advisory responsibilities to the Prime Minister, they have access to Cabinet documents in the context of briefings, and with the Prime Minister’s agreement, a select number of senior staff may attend Cabinet and Cabinet committee meetings.

PCO-PMO Relations

As described in 1971 by then-Clerk Gordon Robertson:

Mr. Robertson’s appraisal of appropriate relations between PMO and PCO remains accurate today.  In order to properly serve the Prime Minister, it is essential that PCO -PMO relations be characterized by systematic communication and trust.

As part of a formal process, the Clerk provides memoranda and other written briefings to the Prime Minister on an ongoing basis to provide information and advice, and to seek decisions.  These notes are typically reviewed by PMO staff in order to provide the Prime Minister with additional advice on the political considerations of the matters at hand, but do not alter or impede the provision of PCO advice to the PM.

Additionally, consultation mechanisms are in place to facilitate the coordination of advice provided by the two organizations.  It is critical that the PM and the Clerk can communicate at all times in relation to the operation of government. The Prime Minister meets regularly with his or her Chief of Staff and the Clerk, either together or separately as appropriate.  Other senior PCO officials, may either accompany the Clerk to provide specialized briefings or, with the Clerk’s agreement, brief the Prime Minister bilaterally. Other PMO staff may participate at the PM’s discretion. During these meetings, the Prime Minister is apprised of the issues of the day that require his or her attention, and may raise issues and provide direction.  This provides the Prime Minister with the opportunity to assess with his or her principal political and public service advisors both the political and operational considerations that underpin key issues.  Such meetings are supplemented by regular meetings of senior PCO and PMO staff, and ongoing interaction between PCO and PMO communications and policy advisors.

These mechanisms support the trust and cooperation that are necessary to the effective operation of both PCO and PMO, as well as the government as a whole.  But they are also indicative of the fact that the organizations have two different sets of responsibilities and provide two independent sets of advice.

Cabinet formation

Assembling a Cabinet is one of the first responsibilities of an incoming Prime Minister. The overall design of Cabinet, selection of ministers and assignment of their responsibilities will help to determine how the government will marshal its individual and collective strengths to accomplish priorities and oversee the day-to-day governing of the country.

The Prime Minister has considerable flexibility in exercising his or her prerogative for assembling a Cabinet and making any corresponding adjustments to the machinery of government. While there are a number of ministerial positions that must be filled, the Prime Minister can articulate the design and vision for the Ministry by:

• naming or “cross-appointing” individuals to more than one position;
• changing ministers’ “working titles” to reflect their preferred public profile and their roles in advancing specific priorities; and,
• assigning ministers responsibilities through changes to the machinery of government (e.g. , creating new entities; reassigning / consolidating elements of existing portfolios).

A Prime Minister can also recommend the appointment of an unlimited number of Ministers of State to assist ministers on general or specific responsibilities.

Generally speaking, decisions will need to be made on the following elements of government formation in the days immediately following the election:

• Composition of Cabinet (e.g., size; representation; addressing limitations imposed by the Salaries Act)
• Role of Ministers of State
• Role of Deputy Prime Minister
• Processes for assigning Acting Ministers

Composition of Cabinet

The Prime Minister heads the Ministry which includes all Ministers and Ministers of State. Some or all Ministers (but usually not Ministers of State) meet together in the Cabinet, a forum provided by the Prime Minister for the purpose of discussing and arriving at decisions on policy issues.

Decisions in Cabinet are reached by consensus. Ministers are expected always to demonstrate Cabinet solidarity by supporting publicly the decisions taken collectively by Cabinet (even if they disagree), or, in strict theory, they must resign. The deliberations of Cabinet are therefore secret.

The size of the Ministry and Cabinet has changed significantly over time, reflecting the development of Canada, and the growing complexity and range of issues under the federal government’s purview. By the late 1970s, however, ministerial positions had largely taken the shape and roles of those currently in place.

Some points that a Prime Minister-designate will typically take into consideration when determining the composition of Cabinet:

• large vs small Cabinet (based on factors such as the Prime Minister’s personal management style; optimal size for productive discussions; appropriate span of control for individual ministers)
• single-tier (all equal) vs two-tier Cabinet (Ministers supported by Ministers of State)
• representation (e.g., regional, linguistic, gender, ethnicity, expertise).

There are certain potential advantages to having a larger Ministry: 

• May provide for a larger diversity of perspectives and opinions at the Cabinet table;
• Lends itself to a greater division of labour among ministers. Ministers with a smaller number of portfolio responsibilities may have more time to focus on the priorities falling within their mandate as well as on any unforeseen issues;
• Additional ministerial positions can be used to illustrate the importance of specific government priorities; and,
• The prestige of being a Cabinet Minister is conferred on more members of caucus.

Conversely, a smaller Ministry has other advantages:

• Discussions can be easier to manage with a smaller Cabinet; 
• A larger group around the Cabinet table can lead to an unmanageable proliferation of priorities; and,  
• A smaller Cabinet can make it easier to ensure that all ministers have a chance to weigh in on a proposal, or to ensure that sufficient time is allocated to discussion of each item. Both considerations are essential to building Cabinet esprit de corps.

The tendency has been for Cabinets to steadily grow over the course of a government’s tenure. As noted below, the Trudeau government has had the largest Cabinet at 40 members (including the PM) while PM Chretien formed the smallest Cabinet at 23.

Ministers

By convention, ministers are chosen from among the members of the House of Commons and the Senate. Exceptionally, a minister without a seat in the Houses of Parliament is appointed on the expectation that he or she will run for election (or be appointed to the Senate) within a reasonable amount of time.

Ministers serve at pleasure. The Prime Minister may request the resignation of a minister at any time and may recommend to the Governor General the dismissal or replacement of a minister.  A minister may also tender his or her resignation, which the Prime Minister may accept or reject.

Role and responsibilities

Ministers are agents of the Crown. They can therefore create binding legal obligations on behalf of the Crown (e.g., enter into contracts), engage the Crown’s vicarious liability, and generally commit the Government to policies or courses of action. Ministers also exercise powers given to them by statute and regulations.

Departmental ministers preside over and have the management and direction of a department of the Government of Canada. They are staffed by public servants tasked with assisting the minister in fulfilling his or her mandate. Parliament sometimes vests powers directly in particular officials, but usually powers are given to ministers. Occasionally Parliament will require that a power be exercised by a minister personally, but usually ministerial powers may be exercised by officials in accordance with a delegation or a rule of statutory interpretation which allows departmental officials serving in an appropriate capacity to exercise powers vested in the minister.

Most departmental statutes specify that the powers, duties and functions of the minister “extend to and include” all matters within federal jurisdiction relating to particular subject matter. This formulation does not confer powers, duties or functions on ministers. Rather, it is descriptive of the area within which the minister is to exercise powers, duties or functions that are derived from other sources. In other words, departmental legislation describes the default mandate within which the minister and the department are expected to operate.

Appointing ministers

While the Prime Minister decides who will fill ministerial offices and has considerable latitude to create new ministerial positions, there are administrative restrictions that must be respected, notably the requirements of the Salaries Act.

The Salaries Act is the legislative instrument which sets remuneration levels for Ministers of the Crown and Lieutenant Governors. For a minister to be compensated for their ministerial duties they must be sworn into a position listed in the Act. The Salaries Act lists a total of 39 positions – not including the Prime Minister. Of the 39 positions, they can largely be broken down into two categories.

• 25 positions that are “mandatory” as departmental statutes require that a Minister be appointed to preside over the department in question (e.g., Minister of Finance; Minister of Defence); and
• 14 that are “optional” (e.g., Minister of La Francophonie; Minister of Science).

Positions can be combined by cross-appointing an individual Minister to two or more portfolios. These Ministers may be designated as “senior” or “junior” ministers at the discretion of the Prime Minister. However, such a designation has no legal consequence.

While ministers are legally sworn-into Salaries Act positions, they may be given a working of styled titles that is different from their legal title. In the current government, for example, the Minister of Industry is styled the Minister of Science, Innovation and Economic Development and the Minister of Citizenship and Immigration is styled Minister of Immigration, Refugees and Citizenship. A working title might modernize the legal title or publicly signal the importance to the Government of particular functions among many for which a Minister is responsible.

“Mandatory” ministerial positions

In addition to the Prime Minister, the mandatory positions are:

1. Minister of Justice and Attorney General
2. Minister of National Defence
3. Minister of National Revenue
4. Minister of Finance
5. Minister of Transport
6. Minister of Agriculture and Agri-Food
7. Minister of Natural Resources
8. Minister of Veterans Affairs
9. Minister of Public Safety and Emergency Preparedness
10. Minister of Crown-Indigenous Relations
11. Minister of Indigenous Services
12. President of the Treasury Board
13. Minister of the Environment
14. Minister of Fisheries and Oceans
15. Minister for International Trade
16. Minister for International Development
17. Minister of Citizenship and Immigration
18. Minister of Industry
19. Minister of Foreign Affairs
20. Minister of Public Works and Government Services
21. Minister of Canadian Heritage
22. Minister of Health
23. Minister of Employment and Social Development
24. Minister of Infrastructure and Communities
25. Minister for Women and Gender Equality

Discretionary ministerial positions

There are 14 positions that need not be filled, at the discretion of the Prime Minister. These positions can be filled separately, or combined with other discretionary positions or with the offices listed above:

26. Leader of the Government in the House of Commons
27. Minister of Housing
28. President of the King’s Privy Council for Canada
29. Leader of the Government in the Senate
30. Associate Minister of National Defence 
31. Minister of Labour
32. Minister of Northern Affairs
33. Minister of La Francophonie
34. Minister of Science
35. Minister of Small Business and Tourism
36. Minister of Sport and Persons with Disabilities
37. -39. Three additional ministers appointed by commission under the Great Seal.

It should be noted that if there is a desire to create a new ministerial position and no available or relevant Salaries Act position, the Prime Minister can create the new position as a Minister of State and simply style it as a “minister”. This has been regular practice under the Trudeau Ministry.

Elements specific to certain ministerial positions

The position of President of the King’s Privy Council for Canada has been in existence since Confederation. As there are few responsibilities associated with this office, the Prime Minister may wish to assign additional duties. In the past, the occupant of the position has also been concurrently at times the House Leader, minister responsible for democratic institutions or, frequently, Minister of Intergovernmental Affairs. 

Although the Leader of the Government in the House of Commons was historically cross-appointed to another position, the practice since the mid‑1970s has been to have a “stand alone” House Leader with no departmental responsibilities. The Leader of the Government in the House of Commons may also be assigned additional non-departmental responsibilities at the discretion of the Prime Minister.

While there is no statutory requirement for a Leader of the Government in the Senate, this is an important role and has been used by successive Ministries. The Leader of the Government in the Senate may be assigned additional responsibilities at the discretion of the Prime Minister. In recent years, the Representative of the Government in the Senate was not a member of the Ministry but was a Privy Councillor and could be invited to attend the Cabinet Committee on Operations, as necessary, to discuss Parliamentary affairs.

If nobody is appointed into the position of Minister of Northern Affairs, the Minister of Crown-Indigenous Relations is deemed to automatically assume the responsibilities of the position.

If nobody is appointed into the position of Minister of Labour, the Minister of Employment and Social Development is deemed to automatically assume the responsibilities of the position.

If nobody is appointed into the position of Minister of Housing, the Minister of Infrastructure and Communities is deemed to automatically assume the responsibilities of the position.

The position of Associate Minister of National Defence is often cross-appointed with Minister of Veterans Affairs to help promote closer collaboration between the two departments.

While rarely used in recent decades, a Minister may be appointed without being given a specific portfolio. Historically, ministers without portfolio were appointed to provide regional representation in the Cabinet, or to bring an expert or experienced minister into the Cabinet without the burden of portfolio responsibilities. 

Ministers of State

Under s. 11 of the Ministries and Ministers of State Act, Ministers of State may be appointed to assist a minister in relation to specific files or areas of work. They exercise the powers, duties and functions of the Minister they are assigned to assist and are supported by the relevant department.

• During the Chrétien Ministry (1993 to 2003) and in the first year of the Harper Ministry (2007-2008) Ministers of State were styled as Secretaries of State to underscore that they were considered junior in stature (i.e.,, not “Ministers”) and sitting outside Cabinet. Secretaries of State were, however, members of the Ministry and the King's Privy Council for Canada.
• In forming the 29th Ministry, Prime Minister Trudeau chose to house multiple ministers within individual portfolios. Administratively, this required the appointment of a number of Ministers of State. In recent years, all members of the Ministry were styled as ministers and were considered to be of equal stature as Ministers of the Crown with equal salaries and office supports, as well as having equal voice around the Cabinet table.

Though typically intended to be more “junior” in stature, Ministers of State can generally perform any of the functions that would be required of them:

• Ministers of State have the authority, like other Ministers, to exercise the Crown’s power to contract; Ministers of State may sign and bring forward Memoranda to Cabinet for consideration in relation to their areas of responsibility; and they may also develop and submit regulations to the Governor in Council.
• Ministers of State may sign and bring forward Memoranda to Cabinet for consideration in relation to their areas of responsibility; and
• they may also develop and submit regulations to the Governor in Council.

From a financial management perspective, they exercise their various authorities under the accountability of the portfolio minister.

Potential advantages

Ministers of State traditionally do not attend Cabinet or Cabinet committee meetings (unless invited to attend to discuss specific issues)^{Footnote 3}. This allows for a smaller Cabinet which is generally more conducive to efficient and effective decision-making.

Appointing a Minister of State to be responsible for a specific policy area publicly underscores the importance of that issue to the government while also ensuring that there is dedicated leadership to advance priorities.

Having multiple ministers in portfolios who are all considered “equal” in status can cause a degree of confusion (and friction) over where legal authorities lie (e.g., despite being equal in status, authorities often need to be delegated by portfolio ministers to their colleagues). Appointing Ministers of State to support ministers allows for clearer delineation of accountabilities.

Having a two-tier Cabinet is typically less expensive given that ministers of state typically have lower salaries and less ministerial office support.

Deputy Prime Minister

It is the Prime Minister’s prerogative, if he or she so desires, to designate a Minister of the Cabinet as Deputy Prime Minister (DPM). The position has no standing in law, and does not automatically carry any formal duties or tasks. It is the Prime Minister who assigns specific roles and responsibilities to the DPM. The position can carry with it considerable authority within the Ministry but that authority is informal and largely political in nature stemming from the DPM’s working relationship with the Prime Minister.

The title of DPM originated with Prime Minister Pierre Trudeau who, in 1977, designated the Honourable Allan J. MacEachen as DPM. With the exception of the Honourable Herb Gray, who held the role from 1997-2002, and a brief six-month period where John Manley held the role as a stand-alone position, the DPM position has always been held in conjunction with another ministerial portfolio (e.g., MacEachen was DPM and Government House Leader; Erik Neilsen was DPM and Minster of Defence; Shelia Copps was DPM and Minister of the Environment; Anne McClellan was DPM and Minister of Public Safety; Chrystia Freeland was also Minister of Finance). 

• As a DPM without another ministerial portfolio, Gray’s primary responsibilities were to serve as Acting Prime Minister in the Prime Ministers’ absence, notably replacing the Prime Minister in the House of Commons. He supported the PM in Cabinet management, sitting as either a member or ex-officio member of most committees, and he was given responsibility for coordinating and planning of the Government of Canada's participation in national and international activities to mark the new Millennium.
• As a DPM without another ministerial portfolio, Minister Manley was given special responsibilities for security in response to the 9/11 attacks (e.g., launching the Smart Borders program, chairing the ad hoc Cabinet Committee on Public Security and Anti-Terrorism).

The position has evolved over the years largely to reflect the needs of the Prime Minister of the day. One of the primary roles has consistently been to represent and defend the Prime Minister in the House of Commons when he or she is unavailable to be present. 

In the 1980s, successive DPMs were tasked to help the Prime Minister “manage the system” – particularly in relation to the management and implementation of government-wide efficiency measures (i.e.,, program review) as well as maintaining discipline and resolving disputes within the Ministry. One of DPM Erik Nielsen’s primary responsibilities was to chair a ministerial task force to review all government programming to look for potential efficiencies and opportunities for consolidation. This was supported by PCO. He was also tasked to undertake a comprehensive review of conflict-of-interest guidelines.

Regional ministers

Regional ministers typically serve as the senior political minister for a region and their role is usually distinct from those of the ministers responsible for the regional development agencies. At the Prime Minister’s discretion, regional ministers may take on roles such key spokesperson in a region, key regional advisor on cabinet business, appointments and stakeholder relations development.

Acting ministers

Upon taking office, a Prime Minister recommends to the Governor in Council the issuance of an Acting Ministers Minute which sets out who is to act for the Prime Minister if he or she is temporarily unable to perform the functions of their office due to illness or incapacity. It also sets out which Ministers may act for each other in similar circumstances. The Minute is updated periodically to reflect changes to the Ministry.

The Minute is activated to address a variety of circumstances, notably if a minister is unavailable to perform their duties due to medical reasons (e.g., undergoing surgery), is taking an extended absence for personal reasons (e.g., parental leave) or if an office becomes vacant due to a resignation. When the Minute is activated, the Acting Minister assumes all the legal powers, duties and functions of the Minister for whom they are acting. In this regard a Minister cannot be selective in the use of the Minute – it is a binary equation: they are either able to perform their functions or not. 

When a Minister wishes to have the Minute activated, general practice has been for them to write to the Prime Minister to inform him or her of the reason for their forthcoming absence and to establish, to the extent possible, the duration for which their Cabinet colleague will be acting. The Minute cannot be activated without the express approval of the Prime Minister, or his office, and Ministers and their staff cannot trigger its use unilaterally.

When determining which ministers will act for which other ministers, past practice has been, to the extent possible, having minister from the same portfolio act for each other (e.g., the Minister of Crown-Indigenous Relations being designated the alternate to the Minister of Indigenous Services; the Minister of International Trade be delegated the alternate to the Minister of Foreign Affairs). This ensures, to some degree, that there will be pre-existing familiarity with both the colleague’s files and with the senior public servants who support the Minister. In the absence of a portfolio, it may be useful to have as alternate someone who has previous experience in the position.

Parliamentary Secretaries

Parliamentary Secretaries are chosen by the Prime Minister and are assigned to assist Ministers. They are not members of the Ministry, and their responsibilities are carried out within the policy and program frameworks set out by their Ministers. 

Parliamentary Secretaries are expected to support Ministers with respect to House and public duties as well as some department-related duties. With respect to their House and public duties, Parliamentary Secretaries are a fundamental link between Ministers and Parliament. They help Ministers maintain contacts with members of the House of Commons and Senators in order to promote effective parliamentary decision-making and to assist in the advancement or handling of the legislative agenda. They play a liaison role within the caucus, the House of Commons and its committees.

In committees, they can help in sharing departmental information, and can work with committee chairs to plan appearances of Ministers and departmental officials. They are expected to facilitate departmental appearances by representing the Minister’s views and intervening if necessary to address political issues that may arise. On Private Members’ Business, Parliamentary Secretaries are a link between parliamentarians and the Minister, and can also facilitate interaction with departments in the development of Private Members’ Business that the Government chooses to support. Parliamentary Secretaries may also be called upon to answer policy questions during Question Period in the Minister’s absence, although designated Ministers may respond to particularly sensitive questions. House of Commons Standing Orders provide that Parliamentary Secretaries are ineligible to sponsor an item of Private Members’ Business.

A Minister may delegate to a Parliamentary Secretary specific duties for policy development initiatives. Overall responsibility and accountability remain with the Minister, who also remains responsible for the direction of public servants and departmental resources, and has authority to initiate departmental actions.

The Parliament of Canada Act allows for a number of parliamentary secretary positions equal to the number of ministerial positions listed in the Salaries Act. While a maximum of 40 parliamentary secretaries can be appointed, there is flexibility in terms of pairing them with ministers. Ministers can have multiple parliamentary secretaries, and parliamentary secretaries can support more than one minister. This means there can be more parliamentary secretaries than there are ministers. Ministers of State cannot have parliament secretaries directly assigned to them.

Parliamentary Secretary appointments are for a tenure of no more than 12 months but can be renewed.

Conflict of Interest Act and Lobbying Act

Ministers, minister of state and parliamentary secretaries are all considered to be Reporting Public Office Holders under the Conflict of Interest Act. This designation places certain obligations on them to work with the Office of the Conflict of Interest and Ethics Commissioner to identify potential conflicts of interest and to settle their personal affairs in an appropriate manner (e.g., through divestiture of controlled assets or putting assets into a blind trust).

Ministers, minister of state and parliamentary secretaries are all considered to be Designated Public Office Holders under the Lobbying Act. This designation places certain prohibitions on lobbying the government for a period of five-years from the time they leave the Ministry.

Board of internal economy

The Board of Internal Economy (BOIE) is established under the Parliament of Canada Act and is the body that oversees that all financial and administrative matters concerning the House of Commons (i.e., premises, services and staff). The Board is comprised of the Speaker, two privy councillors, the Leader of the Official Opposition (or delegate) and members of the government and opposition caucuses. The Act provides different means of calculating the caucus representation, depending on the number of recognized opposition parties. The Prime Minister must determine which two privy councillors will be appointed to the Board and an Order in Council must be passed confirming their participation.

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Cabinet decision-making and the role of Cabinet committees

Role of Cabinet committees

An inherent principle of Canada’s Westminster system of government is that ministers are held both individually and collectively responsible by Parliament for government decisions and policies. The collective decision-making of Cabinet reconciles these two responsibilities. The Cabinet system performs several key functions, including: securing agreement among Ministers on Government priorities and parliamentary actions; providing a forum of debate; and, ensuring Ministers have the necessary information they need to carry out their responsibilities.

The Cabinet system is formed by Cabinet committees. Cabinet committees in Canada were established in 1916 to help deal with the war effort (the Treasury Board is an exception, as it was established in 1867 and given statutory powers in 1869). They operated largely on an ad hoc basis until a major restructuring of Cabinet by Prime Minister Pearson in 1964. Regular meeting times were first set under Prime Minister Pierre Elliot Trudeau.

Types of Cabinet committees

While it is the Prime Minister's prerogative to organize Cabinet and the Cabinet committee decision-making system, in the recent past, there have been two types of Cabinet committees: policy committees and executive committees.

• Generally, policy committees consider proposals aimed at implementing the government's agenda, parliamentary business, and any other matter of general concern to Canadians or the government. Issues are normally brought forth by a Minister in the form of a Memorandum to Cabinet which is tendered to the appropriate Cabinet committee after it has been circulated to all member Ministers. In past Ministries, policy committees have been established to examine issues such as social affairs, the economy, the environment, foreign affairs, security, Indigenous affairs, Canada-U.S. relations, and unity.
• Once an item has been discussed at a policy committee and consensus has been reached, the committee’s decision is typically then subject to formal confirmation / ratification by Cabinet or a designated executive committee (often chaired by the Prime Minister). Executive committees (e.g., Priorities and Planning Committee) have also been established to consider items of special urgency, to set strategic direction and/or to serve as an “inner Cabinet” of senior ministers.
  • Treasury Board is also considered an executive committee as its decisions are not normally subject to further approval. It has historically been responsible for financial, personnel and administrative management, comptrollership, and approving regulations and most Orders-in-Council.

A Prime Minister may also wish to complement the committee structure on occasion with ad hoc or sub‑committees. These bodies are well-suited for advancing well-defined policy matters on a time-sensitive basis (e.g., ad hoc committee on the 2019 BC wildfires; ad hoc Cabinet Committee on Defence Procurement). For example, an ad hoc committee can be struck to provide direction on Canada’s position during critical stages of international trade negotiations or to advance time-critical elements of the Government agenda. To succeed, these ad hoc committees require a clear mandate and direction on whether they can ratify their own recommendations or whether they will be submitted to Cabinet or another authorized committee for approval. 

Ad hoc and sub-committees may also be useful in exploring topics in greater detail than a policy committee may have the capacity to accomplish. A sub-committee arrangement can preserve the link between this more in-depth work and the on-going but more general work of its parent committee, as the former would report on a regular basis and submit its conclusions to the main forum. Ad hoc and sub-committees can also provide a tangible expression of the priority that a government put on an issue or theme.

Size and structure

Recent experience has suggested that the optimal number of committees may be somewhere between 7-10. There was an average of ten standing committees per Cabinet structure between 1964 and 1993 though this has grown in recent years. The maximum has been 16 under Prime Minister Mulroney in modern times, and the minimum has been four under Prime Minister Chrétien (though these committees were complemented by ad hoc committees and ministerial “reference groups”). The current Cabinet structure includes 11 committees and two ministerial working groups.

Most governments have had the following types of committees in place:

• Priorities and Planning / Agenda Setting;
• Parliamentary Affairs / Government Operations ;
• Treasury Board;
• Foreign Affairs / Defense / National Security;
• Economic affairs;
• Social Affairs;
• the Special Committee of Council (which approves Governor in Council submissions – this has been linked to the Treasury Board function since 2006); and
• some variant of Federal-Provincial Relations.

Committee names are occasionally used to highlight particular areas of priority for the government of the day (e.g., Economy and Environment; Public Service Management and Ethics).  

Treasury Board

The Treasury Board is a Cabinet committee of the King’s Privy Council of Canada. It was established in 1867 and given statutory powers in 1869. It’s mandate and membership are established by the Financial Administration Act (FAA). The Financial Administration Act sets the membership of Treasury Board at 6 members (the President of the Treasury Board, the Minister of Finance and 4 others to be designated by the Governor in Council). The Act also stipulates that any number of alternates can be appointed by the GIC to serve in the place of TB members as needed.

The Treasury Board is responsible for accountability and ethics, financial, personnel and administrative management, comptrollership, approving regulations and most Orders-in-Council.

Treasury Board (Part A) and Treasury Board (Part B) are considered different committees sharing the same membership and Thursday afternoon timeslot. The former is the Treasury Board operating as the “management board” of government, while the latter is TB members serving on a committee of the Privy Council responsible for approval of most Orders in Council (OIC) and regulations. Accordingly, when Treasury Board members convene, they hold a Part A meeting, followed immediately by a Part B meeting. The Treasury Board Secretariat supports the members on Part A matters, while PCO provides support for GIC matters. 

There is no requirement that Treasury Board operate as the Special Committee of Council which considers Order in Council and regulations. Prior to Prime Minister Chrétien’s merger of the two previously separate Prime Ministers often treated them as entirely different bodies supported by the Treasury Board Secretariat and Privy Council Office respectively.

National Security Council

A “National Security Council” was established in 2024 with a mandate to serve as a forum for strategic decision-making and for sharing intelligence analysis.

Ministerial working groups

A Prime Minister may wish to create ministerial working groups that function outside the formal Cabinet committee structure. The informality of a working group approach can allow for greater flexibility and for participation from experts and officials from outside the Ministry. In this regard, they can provide a useful form to explore and coordinate horizontal policy issues. Such bodies are generally not decision-making in nature and discussions are not afforded Cabinet confidentiality protections.

Selected committee structures 1979-2021

Below is an overview of various Cabinet committee structures adopted by different Prime Ministers over the past few decades. Note that these are a snapshot from each Ministry and structures evolved over the course of each Prime Minister’s tenure – often in response to a steady growth in Cabinet size. The examples below are intended to provide a sense of the key elements that characterized each Prime Minister’s approach to Cabinet Committee construction.

Operation of Cabinet committees

Membership on Cabinet committees and Committee Chairs

The Prime Minister determines the membership of each Cabinet committee typically balancing the need for portfolio expertise with other factors such as regional representation. The Prime Minister will also appoint the Chair and Vice Chair of the committee. PM’s have typically written to their Chairs early in their mandate outlining their expectations as to how committee meetings should be organized.

During the 29th Ministry the Minister of Finance was made an ex officio member of all Cabinet committees.

Participation at Cabinet and Cabinet committees

With limited exceptions, by tradition, ministers and ministers of state are the only members of Cabinet committees and only they participate in deliberations and decisions. Neither public servants nor political staff typically sit with ministers at the Cabinet table or participate freely in the discussions. 

PCO provides secretariat support for committee deliberations, including preparing the minutes of proceedings, and the records of committee recommendations and Cabinet decisions.  Ministers presenting proposals are typically accompanied by a senior public servant who can provide factual information at the Minister’s request.  Other government officials, such as ambassadors, are invited to provide reports for committees’ information on occasion.

Political staff from the Prime Minister’s Office typically attend Cabinet and Cabinet committee meetings in order to provide the Prime Minister with a political briefing on committee deliberations. 

Memorandum to Cabinet template

The Memorandum to Cabinet (MC) is the primary instrument through which Ministers bring forward policy proposals for the consideration and approval of their Cabinet colleagues. MCs are rooted in evidence and balance policy, political, and strategic considerations. They also take into consideration issues around communications, implementation, and evaluation of a proposal. Once approved, they serve as a guide to officials to execute the decision.

The current MC template was introduced in 2016. New Prime Ministers generally issue new templates early in their mandate to ensure that policy proposals give special emphasis to different priority areas (e.g., service delivery / implementation considerations; federal/provincial relations; cost implications).

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