Governor in Council appointments
[ * ] An asterisk appears where sensitive information has been removed in accordance with the Access to Information Act and Privacy Act.
Executive summary
Governor in Council (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.
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; 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. 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.
The Senior Personnel Secretariat in the Privy Council Office (PCO) is the primary Public Service support to the Prime Minister on 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 of Cabinet Ministers, 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.
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) and the Interpretation Act. Statutory provisions 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 his/her prerogative. In this document, reference 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 3,600 GIC positions, consisting of:
- 1,940 full-time positions, including 140 heads of mission; and
- 1,660 part-time positions.
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 2018-19, a total of 599 GIC appointments to non-judicial positions were made (compared to 551 in 2017-18 and 784 in 2016-17). Significant changes to the structure and organization of government can 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: 191 in 2018-19, 156 in 2017-18 and 137 in 2016-17.
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 (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, RCMP 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 an 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 “Preparing for a New Parliament”.
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 manages the selection processes, and supports the appointment processes, for agents and officers of Parliament on behalf of the Prime Minister. Due to the high profile of these positions, search firms are typically engaged to support certain aspects of the selection process. 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 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. PCO verifies that all legal requirements associated with the position have been met and arranges for the conduct of a range of background checks relating to police records, bankruptcy, tax compliance and security considerations. Political considerations are addressed through a process established by the Prime Minister and are usually conducted by a unit within that office. When political advisors are satisfied that relevant issues have been reviewed and addressed, PCO then prepares a list of proposed appointments for consideration by Cabinet. This preparatory process is intended to ensure that all appointment requirements and political views are taken into account prior to Cabinet consideration.
Decision process
Decisions of the GIC are rendered through an Order in Council, the legal instrument which, when signed by the Governor General, formalizes the appointment. The Order in Council Division of PCO provides operational support in respect of all Orders in Council. Appointments are effective on the date of signature by the Governor General unless another effective date is specified in the Order in Council.
Following the approval of the Order in Council, 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. All approved Orders in Council are posted on the PCO website after they have been signed by the Governor General, usually within three 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 Orders in Council.
The Standing Orders of the House of Commons require that a certified copy of Order in Councils 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 thirty sitting days to review the appointment, which may include calling the appointee to appear in order to examine his or her qualifications. Since 2015, several appointees have been called to appear before a parliamentary committee.
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
The Prime Minister makes the recommendation to the GIC (on the advice of the Minister of Justice) for the 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. Recommendations for judicial appointments are considered by Cabinet.
The Commissioner for Federal Judicial Affairs, established under the Judges Act, administers the appointments process on behalf of the Minister of Justice. PCO has limited involvement through the Order in Council Division, which provides the final list of judicial appointments to be considered by Cabinet and prepares the Order in Council 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 recommendations to the Prime Minister on the appointments, was introduced on August 2, 2016. The seven-member Advisory Board was tasked with reviewing candidates and submitting a shortlist of three to five individuals for consideration by the Prime Minister. Under this approach, 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, were made public. In addition, the Minister of Justice and the chair of the Advisory Board appeared before Parliament to discuss the selection process, and a Q&A session of a number of Members of Parliament and Senators with the nominee was held before he/she was appointed to the Supreme Court.
The seven-member Advisory Board, which includes four members nominated by independent professional organizations, convened at the discretion and request of the Prime Minister for the first time in 2016, and then in 2017, resulting in the appointments of Justices Malcom Rowe and Sheilah Martin.
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 to fill Quebec seats on the Court. Under the Act, at least three of the 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. As part of the most recent process to fill the vacancy following Justice Clement Gascon’s retirement, a Memorandum of Understanding was established between the federal and the Quebec government, which created, among other things, the Advisory Board, that meets the unique aspects of the Quebec process. The process resulted in the appointment of Justice Nicolas Kasirer for the Quebec seat in August 2019.
A process for all other federal judicial appointments has been in place since 1988, which is laid out and adheres to a set of detailed procedures from the Office of the Commissioner for Federal Judicial Affairs. This 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 – the appointments process for the judicial advisory committees is detailed on the Federal Judicial Affairs website;
- These advisory committees provide a list of three names to the Minister of Justice from which an appointment can be made to the relevant committee;
- The Minister of Justice makes the appointment recommendation to Cabinet, chosen from amongst the names previously reported by the committees;
- The Prime Minister makes the appointment recommendations of Chief Justices and Associate Chief Justices; 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.
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 (Advisory Committee) 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 (Machinery of Government). The process for the identification of potential candidates for Territorial Commissioners currently follows the same process as for Lieutenant Governors.
Consideration could be given to re-engaging the Vice-Regal Advisory Committee to give greater structure to the identification of potential candidates.
Heads of mission appointments
The Minister of Foreign Affairs conducts 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 Missions are appointed under the authority of the Royal Prerogative. The practice has been to appoint career Foreign Service Officers (public servants) as Heads of Missions. This ensures that Canada’s Heads of Missions 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 140 individuals appointed as Heads of Missions. 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. Heads of Missions are required to undertake specialized training and must also undergo the required background checks. This timing supports a cohort-based approach that maximizes efficiency in the delivery of supplementary training to the Heads of Missions, allows for their concurrent immersion or exit and helps to minimize related costs.
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 the Heads of Missions 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.
A new process for appointing senators, which included the creation of an independent and non-partisan advisory body whose mandate is to provide the Prime Minister with recommendations on Senate nominations, was established on January 19, 2016. The Independent Advisory Board for Senate Appointments 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 Advisory Board is chaired by one of the federal members and is supported by PCO.
The Governor in Council, on the recommendation of the Prime Minister, appoints the Advisory Board members. Consultations with provincial or territorial governments are undertaken in order to inform the appointment of provincial or territorial members. Federal members of the Advisory Board each serve two-year terms and the provincial or territorial members each serve one-year terms. The Advisory Board 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 new approach, Canadians apply for appointments to the Senate through an open application process. The Advisory Board 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. The new approach also seeks to support the achievement of gender balance, and representation of Indigenous peoples and linguistic, minority and ethnic communities in the Senate.
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 Canadian diversity in terms of linguistic, regional, and employment equity representation as well as gender parity.
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, as a temporary measure aimed at ensuring consistent application across the range of federal entities. PCO coordinated and oversaw over 400 selection processes between 2016 and 2019 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.
Key elements of the current selection process include the following:
- For each process, a selection committee of 4 or 5 individuals, governed by confidentiality and operating by consensus, is established. Selection committees are comprised of a senior public servant from the responsible department and a representative from the specific organization under which the appointee will serve, and may include a representative from the Prime Minister’s Office, PCO, and the responsible Minister’s office.
- 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).
- 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.
- As part of the application process, candidates are asked to self-identify in terms of employment equity representation.
- 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 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; ensuring that appointments meet the applicable statutory provisions; and negotiating terms and conditions of appointments with full-time appointees.
A comprehensive assessment, known as a four-way check, involves a review by the Royal Canadian Mounted Police (police records), the Canadian Security Intelligence Service (risk of loyalty to Canada assessment), the Canada Revenue Agency (tax compliance-related infractions) and the Office of the Superintendent of Bankruptcy (bankruptcy and insolvency databases). In certain cases, a four-way check may also involve credit verification with Equifax as a preventative measure to counter financially-driven insider threats.
These background checks do not replace any security clearance that may be required for the position for the purposes of accessing classified information. Security clearances are governed by the Treasury Board Policy on Government Security. Security clearances are provided according to a common standard – there are three levels of security clearances: Reliability Status (assesses individuals’ honesty and reliability), Secret and Top Secret clearance (assesses individuals’ loyalty to Canada and their reliability as it relates to that loyalty). Deputy heads are accountable for managing the security of their department or agency and determining their organization’s specific security clearance requirements. GIC appointees must be screened at the appropriate level before the commencement of their duties, with few exceptions. Security clearances for deputy heads and the deputy minister community, as well as for positions where the Prime Minister is the responsible minister or PCO is the responsible department (e.g., agents/officers of Parliament, members of the National Security and Intelligence Committee of Parliamentarians) are coordinated by PCO. In the case of other GIC appointees, the security clearance is coordinated by the organization’s delegated Department Security Officer.
The Department of Justice is responsible for background checks for the judiciary community.
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 gender, Indigenous, visible minorities, a person with a disability, or youth. This data is tracked over time, but is limited by the information applicants have voluntarily disclosed.
A list of key appointments that require decisions early in the mandate 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 full-time GIC positions, in order to establish the relative worth of various positions, based on the HAY 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 of employment for full-time GIC appointees which determine such non-salary items 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, PCO 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. 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 and agents and officers of Parliament, members and heads of tribunals – compensated within a ten-level scale based on the classified level of the position which they encumber;
- 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. Benefits for chief executive officers are established by the boards of directors, in accordance with the Crown Corporation General Regulations; and
- Part-time appointees – appointees in executive or advisory agencies, boards and commissions are paid a per diem rate 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. Compensation is approved by the GIC.
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 there are many methods available to the government, it has traditionally sought external advice on the compensation system as a means of ensuring the rates of pay and supporting human resources policies and programs are both effective (in recruiting and retaining the best possible talent), and fair to employees who are unrepresented. Previously, an external committee, the Advisory Committee on Senior Level Retention and Compensation, had been established to provide recommendations to the President of the Treasury Board on compensation strategies for executives in the Public Service as well as GIC appointees. This included recommendations regarding human resources policies and programs, terms and conditions of employment and classification and compensation. External advice, as well as advice provided by the Clerk of the Privy Council to the Prime Minister, plays an important role in establishing the annual economic increases and rates of pay for both executives and GIC appointees.
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 including heads of missions, 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 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. For 2019-20, the corporate priority is creating healthy and inclusive workplaces, in hopes of addressing issues of harassment and discrimination, as well as fostering inclusion in governance views and decision-making. Lastly, for organizations served by the Phoenix pay system, continued efforts are expected to stabilize and ensure employees are paid accurately and on time.
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 submitted to the Prime Minister for approval.
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, etc. The most recent updates to the Terms and Conditions Applying to Governor in Council Appointees provides some elaboration on termination clauses in relation to the terms of employment, in addition to a new recovery of performance pay, should subsequent information come to light regarding someone’s past performance. The following table provides an illustration of types of GIC appointments and whether they typically serve at pleasure or during good behaviour.
GIC Position Type | Number | Appointment Type |
---|---|---|
Deputy Ministers | 79 | At Pleasure |
Chief Executive Officers | 54 | At Pleasure (the majority serve at pleasure; however, the Presidents of the Canadian Broadcasting Corporation and Business Development Bank of Canada, and the Governor of the Bank of Canada serve during good behaviour) |
Heads of Agencies, Boards and Crown Corporations | 70 | Good Behaviour or At Pleasure |
Heads of Mission (including political appointments) | 140 | At Pleasure |
Agents/Officers of Parliament | 17 | Good Behaviour |
At certain times, the GIC may also need to determine when it is appropriate to terminate the appointment of an appointee or take administrative measures to address workplace issues. These cases must be carefully managed in order to limit the liability of the GIC. 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 good behaviour), governing legislation, jurisprudence, past practice and compensation that may be owing. The responsible Minister manages GIC appointees within his/her portfolio and will make a recommendation to the GIC with respect to termination. 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
Compensation for executives and GIC appointees
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 shaped by how executives (EX) and other groups are managed in the Public Service in order to ensure a degree of consistency in compensation for 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 salary and economic increase recommendations. 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 – the compensation framework for EXs and GIC appointees should be unique to the leadership cadre; internally equitable; responsive to the economic and social environment; comparable to the external labour market; and incent performance.
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Management of the GIC appointments system
There are currently over 230 vacant and expired positions and over 360 positions expiring before December 31, 2020. These include 50 leadership positions. [ * ] Please see Annex A for a complete list of key appointments [ * ]
[ * ]
Annex A: [ * ] appointments
The section below outlines key appointments, listed by portfolio, [ * ] These have been highlighted as they represent: key leadership positions that have traditionally been filled by a selection process; organizations at risk of not meeting quorum; and other positions that require decisions on how positions will be filled.
Agriculture and Agri-Food
Canadian Dairy Commission (the board is made up of the Chairperson and two members; there is a risk that they could lose quorum if the Chairperson or the member position is not filled early in the mandate):
- Chairperson – vacant
- Member – term ends January 1, 2020
Farm Credit Canada:
- Chairperson – term ends December 12, 2019
Canadian Heritage and Multiculturalism
Canada Council for the Arts:
- Chairperson – term ends July 27, 2020.
- Decision required on how the position will be filled as there is no provision in the legislation for a person to act in the position if it becomes vacant.
Canadian Cultural Property Export Review Board:
- Chairperson – term ends June 20, 2020
Canadian Museum of History:
- Chairperson and Vice-Chairperson – terms end December 13, 2019.
- The Chairperson continues in office until replaced; however, a decision is required on how to proceed to fill the positions.
Canadian Race Relations Foundation:
- Executive Director – term ends July 31, 2020.
- Decision required on how the position will be filled as there is no provision in the legislation for a person to act in the position if it becomes vacant.
Canadian Radio-television and Telecommunications Commission:
- Member (Alberta/Northwest Territories) – term ends May 10, 2020
- Member (Atlantic) – term ends June 16, 2020
National Battlefields Commission:
- Secretary – term ends December 27, 2019. [ * ]
- Decision required on how the position will be filled as there is no provision in the legislation for a person to act in the position if it becomes vacant.
Crown-Indigenous Relations and Northern Affairs
British Columbia Treaty Commission:
- Chief Commissioner – term ends April 11, 2020
- Commissioner – term ends May 2, 2020
Cree-Naskapi Commission (entire Board vacant):
- Chairman and Member – vacant
- Part-time Member – 2 vacant
Employment and Social Development Canada
Canada Industrial Relations Board (given workload of the organization, an early decision will be required on whether to fill current vacancies, upcoming expiries, and/or further part-time positions):
- Member (Employee) – term ends December 13, 2020
- 2 Members (Employer) – 1 currently vacant, 1 term ends December 21, 2020
- 2 Part-time Members (Employee) – terms end December 20, 2020
- Part-time Member (Employer) – term ends on December 20, 2020
Canadian Centre for Occupational Health and Safety [ * ] appointments require nominations by third parties):
- 2 Governors (Labour Organizations) – terms end on December 13, 2020
- Governor (Alberta) – vacant
- Governor (British Columbia) – vacant
- Governor (Newfoundland and Labrador) – vacant
- Governor (Northwest Territories) – vacant
- Governor (Nova Scotia) – term ends December 13, 2020
- Governor (Nunavut) – vacant
- Governor (Ontario) – vacant
- Governor (Prince Edward Island) – vacant
- Governor (Quebec) – vacant
- Governor (Yukon) – vacant
Department of Employment and Social Development:
- Chief Accessibility Officer – vacant (new position)
Environment and Climate Change
Impact Assessment Agency of Canada:
- President – term ends in September 2020.
- Decision required on how the position will be filled.
Finance
Bank of Canada:
- Governor – term ends June 2, 2020. Process for selection established in legislation. Confirmation required of next steps.
- 6 of 12 Board Directors – terms end on February 29, 2020. Board at risk of being unable to function due to upcoming expiries.
Canada Development Investment Corporation:
- Directors – 2 continuing in office since June 30, 2019
Canada Deposit Insurance Corporation:
- Chairperson – term ends December 13, 2019
Canada Pension Plan Investment Board:
- 5 Directors – 1 vacant, 1 continuing in office, 2 terms end in February 2020, 1 term ends in May 2020
Canadian International Trade Tribunal:
- Chairperson – term ends July 31, 2020
- Permanent Tribunal Member – term ends January 4, 2020
Canadian Securities Regulation Regime Transition Office:
- President – term ends September 30, 2020.
- [ * ]
Office of the Auditor General of Canada:
- Auditor General of Canada – actor in place; interim term ends March 27, 2020.
- Decision required on process to appoint the next Auditor General.
Fisheries, Oceans and the Canadian Coast Guard
International Commission on the Conservation of Atlantic Tunas:
- 2 Commissioners – 1 currently vacant; 1 term ends December 11, 2020. Board comprised of 3 members.
Great Lakes Fishery Commission:
- 3 Members – 1 vacant (public servant), 2 (provincial representative) terms end on March 11, 2020
Global Affairs (Foreign Affairs)
Heads of Mission:
- Ambassador of Canada to the United States of America
- Ambassador Extraordinary and Plenipotentiary of Canada to the Kingdom of Thailand
- Ambassador Extraordinary and Plenipotentiary of Canada to Hungary
- Ambassador Extraordinary and Plenipotentiary of Canada to the Republic of the Philippines
- High Commissioner for Canada in the Republic of Trinidad and Tobago
- High Commissioner for Canada in New Zealand
- Ambassador Extraordinary and Plenipotentiary of Canada to Ireland
- Ambassador Extraordinary and Plenipotentiary of Canada to Ukraine
- Ambassador Extraordinary and Plenipotentiary of Canada to the Holy See
Global Affairs (International Trade Diversification)
Canadian Commercial Corporation:
- President – term ends April 27, 2020.
- Decision required on how the position will be filled as there is no provision in the legislation for a person to act in the position if it becomes vacant.
Health
Canadian Centre on Substance Abuse:
- Chief Executive Officer – term ends July 27, 2020
Immigration, Refugees and Citizenship
Immigration and Refugee Board:
- Full-time Members (various locations)
Innovation, Science and Economic Development
Canadian Space Agency:
- President – term ends March 8, 2020.
- Decision required on how the position will be filled as there is no provision in the legislation for a person to act in the position if it becomes vacant.
Copyright Board:
- Chairperson – term ends May 27, 2020.
- Due to the requirements of the role that the Chairperson be a judge of a superior or district court (sitting or retired), liaison between Ministers of Justice and ISED required.
Innovation, Science and Economic Development (Science)
- Chief Science Advisor – term ends September 24, 2020
Natural Sciences and Engineering Research Council:
- 7 Members – 3 terms end in February 2020, 2 terms end in March 2020, 1 term ends in June 2020, 1 term ends in July 2020
Social Sciences and Humanities Research Council:
- President – term ends February 29, 2020
- 10 Members – 1 vacant, 3 terms end in February 2020, 3 terms end in March 2020, 1 term ends in May 2020, 1 term ends in July 2020, 1 term ends in December 2020.
- Board at risk of being unable to function due to expiring/vacant positions.
Innovation, Science and Economic Development (Small Business and Export Promotion)
Business Development Bank of Canada:
- President – term ends August 9, 2020
- 5 Directors – 1 continuing in office since 2018, 3 terms end June 20, 2020, 1 term ends September 30, 2020
Innovation, Science and Economic Development (Tourism)
Destination Canada (Canadian Tourism Commission):
- President – resigning November 1, 2019.
- Decision required on how the position will be filled as there is no provision in the legislation for a person to act in the position if it becomes vacant.
Intergovernmental and Northern Affairs and Internal Trade
Canadian High Arctic Research Station:
- President – term ends August 9, 2020
- Chairperson – term ends July 27, 2020
Canadian Transportation Accident Investigation and Safety Board:
- 2 Members – 1 term ends April 8, 2020, 1 term ends December 17, 2020.
- Board comprised of 5 members.
Federal Public Sector Labour Relations and Employment Board:
- Chairperson – term ends October 8, 2020
- 2 Vice-Chairpersons – terms end April 30, 2020
Nunavut Wildlife Management Board:
- Member (Resident in the Nunavut Settlement Area) – vacant
Public Service Commission:
- Commissioner – term ends January 14, 2020 (only commissioner and President remain in office)
Renewable Resources Board (Sahtu):
- Chairperson – term ends June 17, 2020
Justice
Canadian Human Rights Commission:
- Accessibility Commissioner – vacant (new position)
Canadian Human Rights Tribunal:
- 5 Members – 1 term ends March 25, 2020, 1 term ends April 29, 2020, 1 term ends June 17, 2020, 2 terms end December 13, 2020
Judicial Compensation and Benefits Commission (required by legislation to commence an inquiry on June 1, 2020):
- Chairperson – term ends May 31, 2020
- Member (Federal) – term ends May 31, 2020
- Member (Judiciary) – term ends May 31, 2020
Judicial Advisory Committee (NB, NL, NS, NT, PE, SK, YT):
- Boards for New Brunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Prince Edward Island, Saskatchewan, and Yukon are all vacant
Leader of the Government in the House of Commons
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 Revenue
Canada Revenue Agency:
- Director (Federal) – term ended November 22, 2019
- Director (Prince Edward Island) – term ended October 31, 2018
- Director (Ontario) – term ends December 20, 2019
- Director (Newfoundland and Labrador) – term ends April 4, 2020
- Director (Territories) – term ends August 28, 2020
Office of the Taxpayers' Ombudsman:
- Taxpayers’ Ombudsman – term ends July 5, 2020; no continuing in office provision
Natural Resources
Canadian Energy Regulator:
- Chief Executive Officer – term ends September 8, 2020
- Vice-Chairperson – vacant
- Directors – 3 vacant
- Commissioner – 1 vacant
Canadian Nuclear Safety Commission:
- 2 Permanent Members – vacant
Parliament
- Clerk of the Senate and Clerk of the Parliaments – actor currently in place since January 31, 2018, with no term limit
- Board of Internal Economy - membership includes the Speaker and members from all recognized parties in the House; the GIC appoints two members of the Ministry on recommendation of the PM (usually the Leader of the Government in the House of Commons and one other minister).
Prime Minister
Lieutenant Governors:
- Lieutenant Governor (Ontario) – has reached the end of 5-year term but continues to serve until successor appointed
National Security and Intelligence Review Agency:
- 4 members – 1 term ends January 29, 2020, 2 terms end April 30, 2020, 1 term ends October 16, 2020
Office of the Intelligence Commissioner:
- Commissioner – term ends April 17, 2020
Public Safety and Emergency Preparedness
Parole Board of Canada:
- Vice-Chairperson (Ontario Regional Division) – vacant
Royal Canadian Mounted Police External Review Committee:
- Vice-Chairperson – vacant
Public Services and Procurement and Accessibility
Canada Lands Company Limited:
- President and CEO – term ends September 2, 2020
- 2 Directors – terms end June 2020
Canada Post Corporation:
- 4 Directors – 1 term ends April 30, 2020; 1 term ends May 30, 2020, 1 term ends June 17, 2020, 1 continuing in office since February 29, 2016
Payments in lieu of Taxes Dispute Advisory Panel:
- Chairperson – term ends May 23, 2020
- 19 Members – 15 vacant, 4 terms end May 23, 2020
Transport
Canadian Air Transport Security Authority:
- Chief Executive Officer – actor currently in place; term ends April 2, 2020
Great Lakes Pilotage Authority:
- Chairperson – vacant
Buffalo and Fort Erie Public Bridge Authority:
- 2 Members – terms end March 5, 2020, and June 2, 2020. Both positions must be filled prior to expiries to ensure equal Canada-US representation.
Pacific Pilotage Authority:
- Chairperson – term ends in June 2020
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