CRITERIA

Less likely to be eligible for performance pay

More likely to be eligible for performance pay

Tenure of Appointment

Appointed during good behaviour (or removable for cause)

Appointed during pleasure

Mandate of the Organization

Organization’s mandate and processes resemble those of a court

advice/recommendations and decisions are subject to judicial review or appealable to the Federal court

applying legal rules to findings of fact

decisions and recommendations affect personal rights and liberties

determining rights between party litigants

using rules of evidence

testimonies are given under oath

issuing subpoenas

Organization’s mandate and processes are administrative and do not resemble those of a court

advice, recommendations and decisions are not subject to review or appeal

applying legal rules on the basis of policy or operational guidelines

Function of the Position

Combination of managerial/quasi-judicial and decision making functions (% of time spent doing each duty)

Purely managerial (e.g.: financial management, HRM, etc.)

Need for Independence

Necessity to maintain arm’s length relationship or independence from government in decision-making (the greater the level of institutional independence required, the more inappropriate it would be to provide performance pay as this could be seen to affect the institutional independence of the organization)

Government could be one of the litigants in a dispute before the organization