Heads of agencies play an important role in the appointment of Governor in Council
appointees to their organization. This section describes the roles of heads of agencies
and the other organizations involved in these appointments.1.
Overview
Governor in Council appointments are those made by the Governor General
on the advice of the Queen’s Privy Council of Canada represented by Cabinet.
The Governor in Council population consists of more than 3,500
appointees. There are approximately 1,000 federally appointed judges, some 100 heads of
mission, including Ambassadors and High Commissioners, as well as some 500 full-time and
1,900 part-time appointees in a wide array of agencies, boards, commissions, Crown
corporations and government departments. These appointees include Deputy Ministers, heads
of agencies and members, CEOs of Crown corporations and directors, and returning officers.
Their responsibilities are diverse, ranging from making quasi-judicial decisions and
socio-economic development recommendations to the management of large, diversified
corporations.
Recommendations for appointments originate from many sources, including
the political, commercial and academic communities, senior public servants, and interest
groups. In addition, for most full-time fixed term appointments, qualified candidates are
actively sought through publicized notices of vacancy that appear in the Canada Gazette.
The agency head, the Minister, the portfolio department, the Office of
the Director of Appointments in the Prime Minister’s Office, the Management
Priorities and Senior Personnel Secretariat in the Privy Council Office, the Office of the
Ethics Counsellor, and the Assistant Clerk of the Privy Council (Orders in Council), have
a role in Governor in Council appointments.
2. The Agency Head
The agency head (or the Chair of the Board of Directors in Crown
corporations) will consult with the responsible Minister on the appointment needs of the
organization and will provide advice to the Minister with respect to the skill sets
desired in new members and make recommendations for reappointment of members whose terms
are coming to an end, as well as on the need to fill existing or upcoming vacancies.
Since the agency head is responsible for the conduct of the work and
the effective functioning of the organization, the agency head will keep the responsible
Minister informed of changes in the membership as a result of resignations, etc. In
addition, the agency head will advise the responsible Minister of any situation involving
Governor in Council appointees in the organization that requires the Minister’s
attention. The agency head is also responsible for reviewing the performance of appointees
within the organization.
3. The Minister
Governor in Council appointments are normally made on the
recommendation of the responsible Minister, in accordance with the provisions of the
relevant statute. The Minister works with the Office of the Director of Appointments in
the Prime Minister’s Office, in developing recommendations for Governor in Council
appointments. The Minister will consult with the Director of Appointments as to the
positions to be filled and the requirements for these positions.
In making recommendations for appointment, Ministers take into
consideration the need to ensure that representational requirements are met in terms of
regional, linguistic, ethnic, gender and other objectives.
4. The Portfolio Department
The portfolio department supplies advice to the responsible
Minister’s office to ensure that the legal requirements of a recommended appointment
are met. Designated departmental officials support the Minister in making appointment
recommendations by preparing the necessary documentation to be submitted to the Governor
in Council. This documentation is composed of a submission which includes a recommendation
signed by the responsible Minister, a draft Order in Council for the appointment, as well
as a short biographical note on the appointee. The department may also be asked to provide
assistance in finalizing notices of vacancy, job descriptions and selection criteria when
a position is to be advertised in the Canada Gazette.
The portfolio department will work closely with the Management
Priorities and Senior Personnel Secretariat in the Privy Council Office on a number of
appointment related issues, including the drafting of submissions for the Minister’s
signature.
5. The Director of Appointments, Prime Minister’s Office
The Director provides political advice to the Prime Minister on
appointments. Ministers consult with the Office of the Director when developing their
recommendations on Governor in Council appointments.
The Office of the Director of Appointments, in the Prime
Minister’s Office works closely with Ministers and heads of agencies, among others,
to ensure that appointments take into account Canada’s diversity and meet the needs
of the organization to which they are being made.
6. The Management Priorities and Senior Personnel Secretariat
The Management Priorities and Senior Personnel Secretariat in the Privy
Council Office provides operational advice to the Prime Minister, through the Clerk of the
Privy Council, on Governor in Council appointments.
The Secretariat is responsible for meeting the
legal and administrative imperatives of the appointment process. Under the direction of
the Assistant Secretary to the Cabinet, the Secretariat provides advice and support on the
selection, appointment, career planning, compensation, performance review and termination
of Governor in Council appointees. Negotiation of salaries and other terms and conditions
of employment is conducted by the Secretariat.
The Secretariat also provides advice to heads of agencies and
departmental officials with respect to the qualifications required for a specific
position, salary and other terms and conditions of employment, conflict of interest issues
of a general nature, and political activities of Governor in Council appointees.
The Minister’s office and the Management Priorities and Senior
Personnel Secretariat should be advised of any situation or issue involving Governor in
Council appointees requiring discussion.
7. The Office of the Ethics Counsellor
Governor in Council appointees are required to perform their duties in
the public interest. Their impartiality must be beyond reproach. Consequently, the
Government has established for public office holders the Conflict of Interest and
Post-Employment Code which explains the steps to be taken to avoid real or apparent
conflicts between their private interests and public responsibilities.
The Code sets standards to maintain and enhance public confidence in
the integrity of public office holders. It contains measures for compliance while in
office and afterward. Specific requirements include the types of assets that public office
holders may have and the outside activities in which they may engage.
The Office of the Ethics Counsellor is responsible for administering
this program. All full-time appointees are contacted by the Office of the Ethics
Counsellor upon appointment to ensure they are in compliance with the Code. In addition,
although the provisions of the Code do not apply to part-time appointees, the spirit and
principles of the Code do. The Office of the Ethics Counsellor advises part-time
appointees of their obligations with respect to conflict of interest. Heads of agencies
and other appointees are encouraged to discuss their circumstances in confidence with the
Office of the Ethics Counsellor. (More information on these issues is provided in Chapter
IX.)
8. The Assistant Clerk of the Privy Council (Orders in Council)
The Assistant Clerk of the Privy Council (Orders in Council) provides
secretariat services to the Special Committee of Council and is responsible for the
approval of Orders in Council, regulations and other statutory instruments, and for
providing advice on the use of Orders in Council and/or Instruments of Advice. With regard
to Governor in Council appointments, the Order in Council Division prepares all
appointment Orders which are submitted for Cabinet review and approval; transmits
appointments to the Governor in Council for final approval; and, finally, prepares and
distributes approved Orders (including certificates of appointment) to Ministers,
Management Priorities and Senior Personnel Secretariat, the Ethics Counsellor and other
appropriate parties. The Order in Council Division also administers the Statutory
Instruments Act regarding the registration and publication of regulations and Orders in
Council in Part II of the Canada Gazette.
9. Advertisement of Vacancies in the Canada Gazette
It is government practice to advertise most full-time, fixed term
positions in the Canada Gazette. The Director of Appointments in the Prime Minister’s
Office and the responsible Minister consult as to whether there is a need to advertise in
the Canada Gazette to fill a vacancy. Advertisements in newspapers and specialized
magazines may also be used, depending on the nature of the job.
When a decision is made to advertise a position or positions, the
Management Priorities and Senior Personnel Secretariat prepares and places the notice of
vacancy in the Canada Gazette. The preparation of the notice of vacancy, the job
description, and the selection criteria are prepared in coordination with the agency, the
Director of Appointments, and the responsible Minister.
The notice of vacancy indicates that applications are to be sent to the
Office of the Director of Appointments, the Minister’s office, the Management
Priorities and Senior Personnel Secretariat, the portfolio department, or the agency,
depending on the situation. Applicants’ qualifications and experience are evaluated
against the requirements of the position.
10. Parliamentary Review of Governor in Council Appointments
The Standing Orders of the House of Commons provide that Standing
Committees of the House of Commons, which have members from all political parties in the
House, have the authority to review all non-judicial appointments made by the Government
of Canada.
Shortly after an appointment is made, a copy of the appointing Order in
Council is tabled in the House of Commons for consideration by one of the Standing
Committees of the House. The members of the Standing Committee can then choose whether
they will request an appointee to meet with the Committee. Committee review of an
appointment gives the Committee an opportunity to become acquainted with the appointee and
to ask questions about the appointee’s qualifications related to the duties of the
position to which the Government has appointed the person. The Order in Council comes into
effect when it is signed. Appointees need not wait until the Order is tabled and reviewed
before assuming their duties within the organization to which they have been appointed.
Standing Committees do not have the power to veto appointments.
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