What are Governor in Council Appointments?
Governor in Council (GIC) appointments are those made by the Governor General acting on the advice of Cabinet. An Order in Council is the legal instrument, which, when signed by the Governor General, formalizes an appointment.
Individuals appointed by the Governor in Council play an important role in Canada’s democracy by serving on commissions, boards, Crown corporations, agencies and tribunals across the country. The responsibilities are diverse, ranging from making adjudicative decisions and providing advice and recommendations on a wide variety of issues to the management of large, diversified corporations. Governor in Council appointees have a direct impact on the lives of citizens and make a significant contribution to Canadian society.
The Privy Council Office supports the Governor in Council appointments process for some 2,200 positions on behalf of the Prime Minister and Cabinet.
Competency-based Appointments
The Government of Canada is committed to competency-based appointments that reflect Canadian society. The assessment process is designed to identify candidates who:
- meet the needs of the organization;
- can perform the duties of the position;
- demonstrate personal suitability to serve in Governor in Council positions; and
- meet any applicable statutory requirements and/or other conditions.
The positions
There are approximately 2,200 Governor in Council positions, a mix of full- and part-time, leadership and non-leadership, who serve either during good behaviour or at pleasure, including:
- Heads and members of agencies, boards and commissions;
- Chairs and members of administrative and adjudicative tribunals;
- Agents and Officers of Parliament;
- Ombudspersons; and
- Chairpersons, directors, and chief executive officers of Crown corporations.
Governor in Council selection and appointment processes
Ministers are responsible for a portfolio of organizations. Ministers, supported by their departments, manage all Governor in Council appointments within their portfolio and, with few exceptions, are responsible for recommending appointments to the Governor in Council.
In deciding to fill a Governor in Council position when a position is vacant, or an incumbent’s term is set to expire, the Minister must consider whether to:
- Recommend re-appointment based on past performance and future needs of the organization;
- Recommend the appointment of another candidate, including from among the candidates who previously qualified in a Governor in Council selection process; or
- Launch an open, competency-based selection process.
There are two-stages to filling a Governor in Council position:
- the selection process, and
- the appointment process.
As there are over 250 statutes governing Governor in Council appointments, this information is not intended to address every exception or instance that could arise in the course of an appointment.
Exceptions to the approach to Governor in Council appointments
Candidates for most Governor in Council appointments are identified through an open, application-based selection process administered by the Privy Council Office.
Some appointments are subject to alternate and distinct selection approaches, including:
- Exemptions to open, application-based selection processes:
- To meet unique operational requirements, including specific expertise and timeliness, Ministers may be granted an exemption from an open, application-based selection process on an exceptional basis, at the discretion of the Prime Minister. Ministers are responsible for determining a candidate’s suitability for appointment, including that they possess the necessary competencies for the position.
- Interim or short-term appointments:
- Subject to any legislative provisions, interim or short-term appointments may be made to enable the completion of a selection process, while maintaining business continuity.
- Legislative requirements:
- Legislation may establish specific processes for an appointment, including specifying the need for a particular selection committee.
- Vice-Regal and Territorial Commissioner Positions:
- The Governor General, Lieutenant Governors and Territorial Commissioners are appointed on the recommendation of the Prime Minister through distinct processes.
- Deputy Ministers:
- Deputy minister and associate deputy minister appointments are managed through the Clerk of the Privy Council’s advice to the Prime Minister. This distance from political oversight by Cabinet is integral to maintaining a non-partisan public service.
- Judicial appointments:
- Judicial appointments are managed by the Minister of Justice in a separate process.
- Heads of Mission/Consuls:
- These are ambassadors, high commissioners, permanent representatives or consuls-general who are appointed to represent the Government of Canada to a country, international organization, or diplomatic conference and are designated head of mission by the Governor in Council. These appointments are managed by the Minister of Foreign Affairs in a separate process. There are also a number of Honorary Consuls appointed to represent Canada abroad.
- Ministerial Advisors:
- In most cases, a ministerial advisor or an advisory committee/panel is struck for a specific and often time-limited purpose. Advisors are chosen with a view to ensuring a Minister has individuals with the appropriate mix of experience, skills, knowledge and perspectives to support the Minister’s decision making.
- Third-Party recommendations or professional qualification requirements:
- Some appointments are managed through a separate process because there is a legislative requirement for a recommendation by a third party or a requirement for specific professional qualification.
- Other appointments:
- The Governor in Council also makes other appointments (e.g., Provincial Administrators, Deputy Judges in the Territories, RCMP Deputy Commissioners and Commanding Officers, Commissioners of Oaths, and Official Receivers). Given the specific nature of these appointments, a unique approach is used to select candidates.
Selection processes
Establishing a selection committee
A selection committee is established to assess and recommend candidates for appointment. Selection committee membership is based on two considerations: who is responsible for making the appointment recommendation, and who can bring a perspective on the needs of the organization. The committee is typically comprised of one representative each from the Privy Council Office, the responsible Minister’s office, the responsible Minister’s department, and may include a representative from the Prime Minister’s office. Depending on legislative or other requirements, other members could be included, such as the head of a tribunal or the chair of a Crown corporation. Some organizations have statutory committees, which may include different representatives.
Determining selection criteria
Selection criteria consist of the eligibility criteria (education, experience, knowledge, skills, and abilities), language requirements, personal attributes, and other relevant factors and conditions of employment for the position being filled. They are based on the needs of the organization and requirements to perform the duties of the position. The Government seeks to appoint bilingual candidates to Governor in Council positions.
Some positions are subject to statutory requirements (e.g., specific professional qualifications, residency, bilingualism).
Recruitment
An outreach strategy is developed to ensure public awareness of Governor in Council opportunities. A Notice of Appointment Opportunity is posted on the Appointment opportunities page and advertised through various channels (e.g., the respective organization’s website, social media) as well as in the Canada Gazette. The Notice of Appointment Opportunity includes information about the selection criteria for the position being filled and the date by which applications must be submitted. Other outreach activities may be undertaken to encourage candidates to apply.
Registering and applying
Individuals interested in applying for a Governor in Council opportunity must Create an account . Through the online application portal, they can view appointment opportunities, create and update their profile, and apply for positions.
Applicants are asked to provide information on their first official language and second official language proficiency. They can also self-identify as members of one or more employment equity groups (i.e., women, Indigenous Peoples, persons with disabilities, members of visible minorities), as well as members of ethnic and cultural groups, and 2SLGBTQI+ communities.
Assessing candidates
Applications are screened against the selection criteria and, for those determined to meet the criteria, further assessments are conducted. In some cases (e.g., positions within administrative and adjudicative tribunals), candidates may be assessed on their ability to synthesize information and write clear, concise, and well-reasoned decisions through formal testing.
A short list of qualified candidates are interviewed by the selection committee via videoconferencing or pre-recorded interviews. In support of the Government’s commitment to bilingualism, candidates are typically asked at least one question in their second official language to assess their proficiency.
For positions with bilingualism requirements (i.e., statutory or operational), candidates may be asked to undergo a formal evaluation of their oral proficiency in their second official language.
Candidates, particularly those considered for positions with leadership responsibilities (i.e., deputy head of an organization), may be asked to undergo other assessments to determine their personal suitability for the position. Reference checks will also be undertaken.
Identifying highly qualified candidates
Following the assessment of candidates, the selection committee submits an advice letter to the responsible Minister identifying the candidates found to be most qualified for the position.
Candidates who have been found qualified are not guaranteed an appointment and may be added to a pool from which Ministers may draw to fill future vacancies, provided they meet the required criteria.
Timing
The length of a selection process from start to finish is unpredictable, as it is dependent on many factors, including the number of applicants and the types of assessments that must be conducted; however, every effort is made to carry it out as efficiently as possible.
Privacy
Confidentiality of the Governor in Council selection process is paramount. All government departments and organizations are responsible for protecting personal information and respecting all Privacy Act requirements.
The appointment process
The responsible Minister submits an appointment recommendation to the Governor in Council. There are instances where the legislation provides for an appointment to be made by a Board or a third-party with the approval of the Governor in Council. In all cases the appointment recommendation is made to the Governor in Council by the responsible Minister.
Due diligence review
Prior to an appointment being considered for approval, the Privy Council Office ensures that the proposed appointment meets all applicable statutory provisions and policy requirements:
- Statutory provisions may include specific education or experience, citizenship or residence requirements, conflict of interest or eligibility restrictions, term limits or the staggering of terms of members of boards, commissions, or administrative and adjudicative tribunals. For Agents of Parliament, no appointment can be made until Parliament (the House of Commons and the Senate) has passed motions approving the nomination.
- Policy requirements include potential conflicts of interest or lobbying and political activities. Candidates are required to disclose any potential risks, conflicts of interest, or past behaviours that might compromise an individual’s ability to execute their responsibilities effectively, impartially, and ethically (e.g., harassment complaints, formal grievances).
The Privy Council Office also conducts background checks on all candidates for Governor in Council appointment. This involves a review by the Royal Canadian Mounted Police (police records), the Canadian Security Intelligence Service (loyalty to Canada assessment), the Canada Revenue Agency (tax compliance-related infractions) and the Office of the Superintendent of Bankruptcy (bankruptcy and insolvency database), as well as an open source check (examining content accessible through publicly available platforms, such as social media, news articles, blogs, websites, or professional profiles).
In some cases, a security clearance may be undertaken prior to appointment, if required for the position. Security clearances are governed by the Treasury Board Policy on Government Security.
Establishing compensation and terms and conditions of employment
Compensation and terms and conditions of employment are considered in the appointment process and largely set by the Governor in Council. In some cases, compensation and other terms and conditions of employment are set by statute. Established policies and frameworks ensure fairness and equity among appointees. Prior to appointment, the Privy Council Office informs full time appointees of applicable compensation and other terms and conditions of employment. For more information, consult the Terms and Conditions of Employment for Full-Time Governor in Council Appointees.
The tenure of an appointment can be either “during good behaviour” (where an appointee may only be removed for cause) or “during pleasure” (where an appointee may be removed at the discretion of the Governor in Council).
The term of an appointment can be for a specific or indeterminate period. When a specific period is indicated, the appointment lapses at its expiration, unless there is a legislative provision to the contrary. The appointee may be reappointed to the same position at the discretion of the Governor in Council; however, a subsequent appointment cannot be guaranteed and is not automatic. In some cases, statutory provisions prohibit or set limits to reappointment to the same position.
Guidelines for GIC appointees
Specific statutes and guidelines govern the conduct and actions of Governor in Council appointees while in office and in post-employment, including the Conflict of Interest Act.
Links to key reference material can be found on the Forms and reference material page.
Communication
Once an appointment has been approved by the Governor in Council, the responsible Minister’s office notifies the successful candidate and then a public announcement may be issued.
Appointment Orders in Council are posted on the Privy Council Office’s Orders in Council database and the appointment is also reflected on the Federal organizations website. The names of most appointees are published in the Canada Gazette.
Under the Standing Orders of the House of Commons, within five days of a non-judicial appointment being published in the Canada Gazette, it is tabled in the House of Commons and is deemed to be referred to the appropriate committee for review. The committee has 30 sitting days to review the appointment, which may include calling the appointee to appear in order to examine their qualifications. The appointment is not affected and cannot be overturned as a result of this review.
Applicants
Once a selection process has concluded, candidates are notified by email that they have either been found qualified and may be selected for appointment or that their candidacy has not been retained.
Incumbents
Incumbents may be recommended for reappointment to the same position at the end of their term, barring any statutory restrictions and at the discretion of the responsible Minister based on past-performance or future needs of the organization.
Diversity of Governor in Council Appointments
Recruitment strategies seek to attract qualified candidates, who also reflect Canada’s diversity in terms of linguistic, regional, and employment equity groups (i.e., women, Indigenous peoples, persons with disabilities, and members of visible minorities) as well as members of ethnic and cultural groups, and 2SLGBTQI+ communities. The Government also seeks to appoint bilingual candidates to Governor in Council positions.
To support the Government of Canada in fulfilling its commitment to representation, the Privy Council Office collects and maintains information on the diversity of Governor in Council appointees.
This diversity information is collected through self-identification at two points in the selection process: as part of the initial application, and on the Self-Identification Form for those being recommended for appointment. The collected information covers the following categories: gender, 2SLGBTQI+, visible minorities, persons with a disability, Indigenous peoples, bilingualism, first official language, and youth (less than 40 when appointed).
Information on representation within the GIC community can be found in the Privy Council Office Departmental Results Report.