GOVERNING RESPONSIBLY:
A Guide For Ministers and Ministers of State
2004
Annexes
[
Table
of Contents ]
Annex A - Federal Government Institutions:
The Executive
Canada is a constitutional monarchy and a democracy with
a system of responsible parliamentary government based on the
British Westminster model. As such, the structures and conduct
of executive authority are governed both by Canada’s “written”
constitution (the Constitution Acts, 1867-1982) and by an
“unwritten” constitution composed of conventions and customs
that have been established and have evolved over the history of
responsible government in Canada.
The “unwritten” constitution establishes key elements of
Canadian democracy regarding executive authority in government
as exercised by the Prime Minister and the Cabinet, who are
responsible to the House of Commons, which is made up of the
elected representatives of the people of Canada. This Annex
outlines the basic roles and responsibilities of executive authority
in that system.
A.1. The Crown, the Governor General and the Queen’s
Privy Council for Canada
In formal terms, executive government in Canada is vested
by the Constitution Act, 1867 in the Queen of Canada, who is the
head of state. The Governor General is the representative of the
Queen, and exercises the power and functions of the Crown on
her behalf.
In Canada’s democratic system of government, the
Governor General is almost always bound to act only on the
advice of the elected representatives who belong to the party that
has the confidence of the House of Commons. Advice is offered
directly by the Prime Minister on some matters, or is provided
formally by the Ministry or government as a whole. It is the
personal prerogative of the Prime Minister to convey the view of
the government to the Governor General. The Governor General’s
consent must be obtained, when required, before decisions can
take legal effect or be announced.
In constitutional terms, the chief advisory body to the
sovereign is the Queen’s Privy Council for Canada,11
composed of
all those sworn in as Privy Councillors. It is exceedingly rare for
the full Privy Council to meet as a body and, even then, does so
only for ceremonial purposes.
A.2. The Prime Minister’s Functions and Powers
The Prime Minister, as the leader of the political party that
has the confidence of the House of Commons (usually by holding
a majority of the seats), is commissioned by the Governor General
to form a government.
The Prime Minister is, above all, responsible for organizing
the Cabinet and for providing the direction necessary to maintain
the unity of the Ministry. This unity is essential if the government
is to retain the confidence of the House of Commons.
The following principal functions and exclusive powers of
the Prime Minister are essential in making Cabinet government
work:
- The Prime Minister leads the process of setting the
general direction of government policy. The
Prime Minister is responsible for arranging and
managing the processes that determine how
decisions in government are made, and for
reconciling differences among Ministers. The
Prime Minister establishes the government’s
position before Parliament by recommending to the
Governor General the summoning and dissolution
of Parliament, by preparing the Speech from the
Throne outlining the broad policy agenda for each
new parliamentary session and by determining
whether proposed government legislation approved
by the Cabinet is subsequently put before
Parliament. The Prime Minister approves the
Budget presented by the Minister of Finance.
- The Prime Minister chooses the principal holders of
public office. The Prime Minister selects Ministers
and may ask for their resignation at any time. The
Prime Minister also recommends senior public
sector appointments to the Governor General.
- The Prime Minister decides on the organization,
procedures and composition of the Cabinet. This
includes establishing Cabinet committees, selecting
their membership and convening the Cabinet itself.
In practical terms, the Prime Minister forms a team,
decides on the process for collective decision
making, and builds and adapts the machinery of
government in which the team will operate.
- The Prime Minister determines the broad
organization and structure of the government in
order to meet its objectives. The Prime Minister is
responsible for allocating Ministers’ portfolios,
establishing their mandates, clarifying the
relationships among them and identifying the
priorities for their portfolios through mandate
letters. The Prime Minister’s approval is required
for the creation of new institutions and the
elimination of existing organizations, some of which
may also be subject to parliamentary decisions.
Any proposals made by Ministers for significant
organizational change or for altering their own
mandates or those of other Ministers must first be
approved by the Prime Minister.
- The Prime Minister has the overall responsibility for
the government’s relations with Parliament and the
Sovereign.
- The Prime Minister establishes standards of
conduct for Ministers.
- As head of government, the Prime Minister has
special responsibilities for national security,
federal-provincial-territorial relations and the
conduct of international affairs. The Prime Minister
may also take a special interest in any other area
of a portfolio responsibility as circumstances
require. Ministers should pay special attention to
activities within their own portfolio that touch on
these special responsibilities or otherwise involve
the Prime Minister.
A.3. The Ministry, the Cabinet and the Governor in
Council
Members of the Ministry include Ministers and Ministers of
State. Ministers and Ministers of State are also members of the
Cabinet. Members of the Ministry are appointed by the
Governor General on the Prime Minister’s recommendation.
Before taking up their responsibilities, they are sworn in as
Privy Councillors by the Clerk of the Privy Council at a ceremony
presided by the Governor General. In this ceremony, Privy
Councillors swear the oath of allegiance, the Privy Councillor’s
oath and, in the case of Ministers, the oath of office for their
respective portfolio. The Privy Councillor’s oath includes the
undertaking to maintain Cabinet secrecy. Privy Councillors are
entitled to be styled “The Honourable” and to use the initials
“P.C.” after their names for life.
Unlike the Privy Council, the Cabinet has no standing in
statute. In practice, the Cabinet is the fundamental and final
forum for reaching a political authoritative consensus on
government issues under the Prime Minister’s leadership.
The Governor in Council is the term for the Cabinet acting
in a legal capacity. Formally, it is the Governor General acting on
the advice of the Cabinet. Parliament does not assign powers to
the Cabinet or to Ministers collectively, but rather to the Governor
in Council.
A.4. Ministers and the Law
Legal requirements form part of the framework that
establishes daily practices and sets parameters on how decisions
are made in government. Whether acting individually or
collectively, the Prime Minister and Ministers act pursuant to
parliamentary authority and within limits laid down by Parliament.
All government activity must take place in accordance with the
law. Ministers having any doubts on the legality of a particular
action should ask their deputy minister and obtain the view of the
Department of Justice. The following key constitutional provisions
or statutes impact on decisions and their implementation:
- The Constitution Act, 1867, formerly called the
British North America Act, 1867.
- The Constitution Act, 1982, which includes the
Canadian Charter of Rights and Freedoms.
- Acts of Parliament (principally departmental Acts)
create the offices and responsibilities of Ministers,
establish the departments over which they preside,
and provide a basic framework of powers, duties
and functions for which Ministers are accountable.
- The Public Service Employment Act establishes a
continuing, professional and non-partisan Public
Service of Canada.
- The Financial Administration Act shapes virtually all
aspects of government management through the
powers it grants to the Treasury Board to oversee
departments and other organizations. The
Treasury Board is the Cabinet committee
responsible for managing the Public Service of
Canada and for approving expenditures of
departments and agencies. Many of its decisions
have the force of law, limiting Ministers’ discretion
to manage and direct their departments.
- The Access to Information Act establishes a public
right to access general information contained in
government documents. Under its provisions, the
government may withhold material only if
disclosing the information could adversely affect
the public interest. The Privacy Act protects
personal information held by the government from
unauthorized disclosure.
- Other important Acts include the Official Languages
Act, the Canadian Human Rights Act and the
federal Employment Equity Act.
Annex B - Cabinet Decision Making
The Cabinet is the political forum where Ministers reach a
consensus and decide on issues. It is the setting in which they
bring political and strategic considerations to bear on proposed
ministerial and governmental actions. These considerations must
necessarily reflect the views and concerns expressed by
Canadians, caucus colleagues, and other Parliamentarians. Once
a consensus is reached, Ministers can fulfil their collective
responsibility to Parliament. This Annex addresses the main
elements of the organization and conduct of decision making in
the Cabinet.
B.1. Basic Rules for Cabinet Business
A number of basic ground rules for the conduct of Cabinet
business are essential to maintain Cabinet solidarity and enhance
its practical effectiveness.
Decision making is led by the Prime Minister. Through the
Cabinet and its committees, the Prime Minister provides Ministers
with the principal forum in which they can resolve different
perspectives. The Prime Minister organizes Cabinet and Cabinet
committee decision making, determines the agenda for Cabinet
business and chooses committee chairpersons to act on his or her
behalf. The Privy Council Office is the Cabinet’s secretariat and
administers the Cabinet decision making process on behalf of the
Prime Minister.
Cabinet government works through a process of
compromise and consensus building, which culminates in a
Cabinet decision. The Cabinet and Cabinet committees do not
vote on issues before them. Rather, the Prime Minister (or
committee chairperson) “calls” for the consensus after Ministers
have expressed their views. As the Cabinet secretariat, the
Privy Council Office records and communicates the decision.
Consultation among the Ministers, departments and
portfolios involved must precede the submission of a proposal to
the Cabinet by the responsible Minister or Ministers. Ministerial
discussions in the Cabinet or Cabinet committee focus on the
decisions required and provide Ministers with an opportunity to
participate in and influence that decision.
Ministers have the right to seek their colleagues’
consideration of proposals for government action in their area of
responsibility. This is, of course, subject to the agenda set by the
Prime Minister for government priorities. Cabinet committee
agendas are set by the committee chairpersons acting on the
Prime Minister’s behalf.
Confidences of the Queen’s Privy Council for Canada, more
commonly referred to as “Cabinet confidences,” must be
appropriately safeguarded from unauthorized disclosure or other
compromise. The Cabinet’s collective decision making process
has traditionally been protected by the rule of confidentiality,
which enhances Cabinet solidarity and collective ministerial
responsibility. Confidentiality ensures that Ministers can frankly
express their views before a final decision is made. The Prime
Minister expects Ministers to announce policies only after Cabinet
decisions are taken, in consultation with the Prime Minister’s
Office. Parliamentary Secretaries involved in the decision-making
process are also expected to preserve the confidentiality of
Cabinet deliberations.
Cabinet business is extensive, and Cabinet consensus at
times is difficult to achieve. Given the limited time available to
Ministers and given the importance of clear decisions to
government operations, Cabinet business must be conducted
efficiently and according to accepted ground rules that are fully
understood and respected. Cabinet discussion is not used to air
introductory or preliminary discussions of issues. Deputy
ministers are expected to ensure that other affected departments
are adequately informed in advance and that coordination across
portfolios is pursued so that other Ministers are prepared for
Cabinet discussion and government decisions are coherent and
aligned with overall objectives. When departments directly
involved differ on a matter, the dispute should not be referred to
the Cabinet until all other means of resolving it have been
exhausted.
B.2. Decision-making Process and Procedures
a) The Policy and Fiscal Frameworks
Cabinet decision making is steered by certain key
statements of government policy and priorities as well as by
electoral commitments. The Speech from the Throne, delivered
by the Governor General at the beginning of each session of
Parliament, outlines the government’s program for Parliament. As
a reflection of the overall priorities of the government and the
Prime Minister, the Speech provides a general policy framework
for the upcoming parliamentary session.
The Minister of Finance presents the government’s annual
Budget which reflects the fiscal framework agreed to by the
Cabinet. The President of the Treasury Board subsequently tables
the Main Estimates.
These frameworks provide for the overall direction of the
government. They both shape and reflect the ongoing work of
Cabinet committees.
b) The Process
The Cabinet process begins when an issue is raised by a
Minister in the form of a Cabinet document or through general
discussion at a meeting. The supporting documents are normally
circulated to all Ministers by the Privy Council Office before the
issue is discussed at the appropriate Cabinet committee. As well,
Ministers may take the opportunity to update their colleagues on
the progress of certain key initiatives being developed or
implemented in their departments.
The Cabinet committee’s report is subject to confirmation
by the Cabinet. Records of final decisions are circulated to all
Ministers and their deputy ministers for action under Ministers’
individual authority. Policy announcements are made after a
Cabinet decision and after the Treasury Board’s approval of any
resources required to implement the decision.
B.3. Legislative Program
The content of the government’s legislative program is
ultimately the responsibility of the Prime Minister, assisted by the
Government House and Senate Leaders. The main thrusts of the
program are determined by the Cabinet. The Leader of the
Government in the House of Commons coordinates the process of
translating the Cabinet’s policy decisions into bills to be placed
before the House of Commons.
The first stage in this process is Cabinet approval of a
Minister’s policy proposal. After Cabinet has approved a Minister’s
policy proposal, a bill is then drafted by the Department of Justice
to reflect the Cabinet decision. Priorities in drafting are
established by the Leader of the Government in the House of
Commons, who also undertakes final scrutiny of a bill before it is
approved by the Cabinet for introduction in Parliament on his or
her recommendation 12. The Leader of the Government in the
House of Commons has flexibility in establishing priorities for
consideration of bills by the House, although Cabinet discussions
of House business provide the overall direction for the
government’s legislative program. The Leader of the Government
in the House of Commons is supported in this regard by his or her
own exempt staff, the Privy Council Office, and the Deputy House
Leader and Chief Government Whip.
B.4. The Cabinet and Cabinet Committees
Cabinet committees are an extension of the Cabinet itself.
The Prime Minister establishes both standing and temporary (or
special purpose) committees, chooses their membership,
prescribes their procedures and changes them as he or she sees
fit. The Privy Council Office provides Ministers with information on the Prime Minister’s decisions regarding the structure and
operations of Cabinet committees.
Currently, most collective ministerial deliberations take
place in Cabinet committees. Committee chairpersons act for the
Prime Minister with his or her authority, including setting the
committee agenda. For the most part, decisions are taken by the
appropriate committee, subject to confirmation by the Cabinet.
This system settles as many questions as possible at the
committee stage in order to lessen the workload of the Cabinet
and to allow it to concentrate on priority issues and broad political
concerns.
The Treasury Board is established by law as a committee
of the Queen’s Privy Council for Canada, and many of its decisions
have force of law. It provides oversight of the government’s
financial management and spending, as well as oversight on
human resources issues. The Treasury Board may act as the
Cabinet committee for the Public Service and expenditure
management (under the Financial Administration Act). The Board
is the employer for the Public Service, and establishes policies and
common standards for administrative, personnel, financial and
organizational practices across government. It also controls the
allocation of financial resources to departments and programs. As
of December 2003, the Treasury Board also fulfills the role of the
Special Committee of Council (SCC) in approving regulatory
policies and regulations, and all Orders in Council, excluding
appointments.
Ministers, including Ministers of State, may be invited by
the committee chair to attend any meeting of a Cabinet
committee, whether or not they are a member of the committee.
Parliamentary Secretaries may attend meetings of the Cabinet on
the Prime Minister’s invitation, or a Cabinet committee meeting on
the invitation of the chair. The Prime Minister may make other
exceptions to these conventions. The Prime Minister designates
certain Ministers as ongoing members of each committee, and
they are expected to attend these regularly. If Ministers are not
able to attend a meeting, they should inform the Chair of their
views on agenda items by letter.
Meetings are conducted as informally as possible in both
official languages. Most Cabinet committees meet on a regular
schedule. This allows for effective planning and ensures that
meetings and decisions can proceed without delay. As the
Cabinet secretariat, the Privy Council Office provides the Cabinet
and its committees the support required to prepare for and
conduct meetings including arranging meetings, circulating
agendas, distributing documents, providing advice to the
chairperson of each committee on agenda items and recording
Cabinet minutes and decisions.
B.5. Orders in Council
Some actions of the executive require a more formal
process. Orders in Council are legal instruments made by the
Governor in Council pursuant to statutory authority (or,
infrequently, royal prerogative). Recommendations to the
Governor in Council are signed by the responsible Minister. They
take legal effect only when signed by the Governor General.
B.6. Financial Procedure
According to the Constitution, revenue can be raised and
moneys can be spent or borrowed by the government only with
the authority of Parliament. A money bill, for the raising or
spending of revenue, must originate in the House of Commons, as
the House is the custodian of the public purse. The Constitution
Act, 1867 also requires money bills to be recommended to the
House by the Governor General in the form of a Royal
Recommendation. This ensures executive control over revenue
raising and spending initiatives, and is obtained by the Leader of
the Government in the House of Commons.
Parliament exercises its authority over government
financial administration by means of a package of instruments
comprising enabling legislation such as the Appropriations Act,
financial documentation such as the Main Estimates (Parts I, II
and III and the Public Accounts), and a review process by the
House of Commons, the Senate and the Auditor General. 12
Annex C - Appointments
The Prime Minister has the following key responsibilities
regarding appointments:
- All appointment recommendations are subject to
the Prime Minister’s approval before they go
forward to the Governor in Council.
- Remuneration for most Governor in Council
appointments, both full-time and part-time, is set
or approved by the Governor in Council on the
recommendation of the Prime Minister. On this
matter, the Prime Minister is supported by the
Privy Council Office. Remuneration for some
Governor in Council appointments is set by Crown
corporations’ by-laws or other means.
In addition, the following are important aspects of the
appointment process:
- To open the process and identify candidates,
vacancies for full-time, fixed-term Governor in
Council positions are generally advertised in the
Canada Gazette.
- Representational criteria such as regional
considerations are taken into account when
recommending appointments. Another relevant
factor is employment equity, to better represent
women, visible minorities, Aboriginal peoples and
people with disabilities.
- Governor in Council appointees must meet the
requirements of the Conflict of Interest and Post-employment Code for Public Office Holders. The
Ethics Commissioner administers the Code and
provides advice to office holders and potential
appointees. Part-time appointees are subject to
the principles of the Code.
- All Governor in Council appointees are subject to
rigorous background checks prior to appointment.
- Announcements of appointments are coordinated
by the Prime Minister’s Office, after they have been
given legal effect when signed by the
Governor General.
- By legislation or requirement under Standing
Orders of the House of Commons, some
appointments are subject to parliamentary review
and resolution prior to being made final.
- Currently, other Governor in Council appointments
(except judicial positions) are tabled in the House
of Commons after each appointment is made in
order to give the appropriate standing committee
the opportunity to call the appointee and examine
his or her qualifications.
- Parliament will be called upon to play a greater role
in the appointment process. Appointments to
certain key positions, including heads of Crown
corporations and agencies, will now be subject to
prior parliamentary review. The government will
consult with the appropriate House committees on
how best to proceed on prior review of these
appointments, and will specifically consult the
Standing Committee on Justice and Human Rights
on how best to implement prior review of
appointments of Supreme Court of Canada Judges.
These committees will also have the opportunity to
consider which other appointments could be
subject to their review.
Annex D - Cabinet, Institutional
and Personal Records
This Annex describes the four categories of ministerial
papers and the access to document rules that apply to former
Ministers, Ministers of State and Secretaries of State.
Cabinet documents belong to the Prime Minister. Cabinet
documents are formal records designated by the Privy Council
Office as belonging to the Cabinet Paper System. They include
Memoranda to Cabinet (MCs), decks, Cabinet Committee Reports
(CRs), records of decisions (RDs), agendas, aide-mémoire, and
documents prepared for Ad Hoc Cabinet Committees or Reference
Groups of Ministers.
This category also includes formal Cabinet documents
related to meetings of the Treasury Board, including submissions,
précis, agendas, schedules, minutes of meetings and letters of
decision.
The efficient operation of the Cabinet and the necessary
confidentiality of ministerial discussions depend, in part, on the
proper handling of Cabinet documents. Ministers must ensure
that Cabinet documents provided to them are always safeguarded
in accordance with the security requirements set by the Privy
Council Office or, for Cabinet documents related to the Treasury
Board, to the Treasury Board Secretariat. Parliamentary
Secretaries must also respect this protocol when they are given
access to such documents. Ministers must assign members of
their staff with specific responsibility for controlling the flow and
ensuring the security of these documents. When a Cabinet item
has been dealt with, the associated Cabinet documents must be
returned to the Privy Council Office or the Treasury Board
Secretariat, as appropriate.
Certain Cabinet documents that are clearly marked for
Minister’s eyes only cannot be reviewed by exempt staff. Some
Cabinet documents must remain in the Cabinet room. Cabinet
documents must not be photocopied, electronically scanned or
sent by facsimile, and they must be carried in a secure briefcase.
A record containing Cabinet confidences which is not a Cabinet
document is either an institutional record (if it originated with the
institution), or a ministerial record (if it originated with the office
of the Minister; e.g., a briefing note containing political advice to
a Minister regarding a Cabinet matter).
Institutional Records relate to the business (policies,
programs, activities and services) of the department and
associated agencies, and are kept in a separate registry.
Ministerial records include official records pertaining to the
office of the Minister, other than records that fall into the
categories of personal or political records, institutional records, or
Cabinet documents.
Personal and political records are personal, as opposed to
official in nature (e.g., a Minister’s constituency business, party
political matters, private and personal life) and are kept in
separate ministerial files. Like ministerial records, personal and
political records are normally excluded from the application of the
Access to Information Act, provided that they are maintained
separately from institutional records.
When a Minister leaves office, Cabinet documents must be
returned to the Privy Council Office or Treasury Board Secretariat,
institutional records must be left with the department, and
ministerial records must be transferred directly to Library and
Archives Canada. Ministers may remove only their personal and
political papers. However, to ensure the security of sensitive
documents in personal and political papers, Ministers should use
storage facilities and archival services offered by Library and
Archives Canada.
Former Prime Ministers have control over the confidences
of the government they headed. When a change of government
occurs, the outgoing Prime Minister traditionally leaves the
Cabinet records of the government in the custody of the Clerk of
the Privy Council. The Clerk of the Privy Council plays a central
role in administering the convention governing access to Cabinet
and ministerial papers.
Subject to any arrangements a former Prime Minister may
make with his or her successor, former Ministers may have access
to Cabinet papers for the period of time when they held office,
but only for that period, and only to papers relating to that office
or to which they would normally have had access. Requests for
access are addressed to the Clerk of the Privy Council and
Secretary of the Cabinet or, for requests concerning Treasury
Board documents, to the Secretary of the Treasury Board.
Cabinet papers to which access is provided may be read on the
premises of the Privy Council Office or the Treasury Board
Secretariat as appropriate.
Former Ministers may have access to ministerial records
that are transferred to Library and Archives Canada on the
premises of Library and Archives Canada. They may also have
access to institutional records which were prepared in their
departments during the period of time when they held office. For
access to institutional records, they can contact the deputy
minister and arrange to review them on departmental premises.
Former Ministers are bound for life to respect their oath as
Privy Councillors, including maintaining the secrecy of Confidences
of the Queen’s Privy Council for Canada, and remain subject to
the Security of Information Act. They must also honour their
commitments to other Ministers and colleagues. When talking or
writing about their experience in government, former Ministers
must consult their former department’s Access to Information
Office to ensure that they do not disclose matters that remain
confidential. Any questions should be addressed to the Clerk of
the Privy Council.
Annex E - Dealings with
Quasi-judicial Tribunals
Basic Principle
Ministers shall not intervene, or appear to intervene, on
behalf of any person or entity, with federal quasi-judicial tribunals
on any matter before them that requires a decision in their
quasi-judicial capacity, unless otherwise authorized by law.
Dealings with Quasi-judicial Tribunals Within the Portfolio
Ministers (including Ministers of State) need to be in
contact with agencies in their portfolio on a broad range of
administrative, policy and regulatory matters when authorized to
do so by legislation. For instance the Minister may communicate
with the Chair of a tribunal on its budget.
Ministers and their deputies should work with the agencies
in their portfolio to clarify mutually agreed limits on the
information which may flow to and from each agency and the
appropriate procedures for communication.
The Minister's office can expect requests for assistance
from other Ministers on behalf of their constituents. Where such
an intervention with an agency is not appropriate because the
request concerns a quasi-judicial case, the Minister's office should
indicate that an intervention is not possible by any Minister and
suggest that the constituent deal directly with that agency.
Dealings with Quasi-judicial Tribunals on Behalf of
Constituents
There are limitations on the ability of a Minister to act on
behalf of constituents as far as quasi-judicial bodies are
concerned.
Ministers and their staff cannot intervene on behalf of any person
or entity with a federal quasi-judicial agency on any matter before
it that requires a decision in its quasi-judicial capacity.
Eugene Forsey considered that by convention, a Minister
should not "speak about or otherwise become involved in a
colleague's portfolio without first consulting him and gaining his
approval...". The practice has evolved whereby Ministers and
their offices do not deal directly with public servants, but go
through the office of the responsible Minister.
However, Ministers and their staff may seek information
on the status of a matter. Further, several departments have set
out specific instructions on how Ministers’ offices, usually in the
constituency, can deal with enquiries regarding such matters as
disability benefits, employment insurance, old age security, or
citizenship and immigration.
Annex F - The Ministry and
Crown Corporations Guidelines
The Minister who is the appropriate Minister for a Crown
corporation must have dealings with the corporation on a variety
of matters. The Minister, for example, is responsible for
determining the broad orientations of the corporation including
approving its corporate plan, dealing with appropriations and
recommending these to Cabinet. These guidelines do not affect
such dealings.
However, the Minister does not become involved in
day-to-day operations of a Crown corporation nor does his or her
staff. Because of the wide range of activities carried out by
individual Crown corporations, the appropriate role of the Minister
must be determined on a case-by-case basis.
The following guidelines will assist Ministers in fulfilling
their representative duties, while preserving the managerial
autonomy of Crown corporations within their portfolio.
- No Minister should personally promote the private
interests of any individual, corporation or
non-governmental organization, including a
constituent, with any Crown corporation.
- It is always appropriate for a Minister to raise the
concerns of a constituent directly with the Minister
responsible for a Crown corporation.
- The staff of a Minister when dealing with
constituency matters may, however, make
representations to a Crown corporation.
- The staff of the responsible Minister, because of
their special responsibilities in support of their
Minister, may not make representations, on behalf
of a constituent, to any Crown corporation which
falls within their Minister's portfolio of
responsibilities.
- It is recommended that the office of the Minister
responsible for a Crown corporation establish a
procedure, in cooperation with the corporation, to
enable the Minister's office to pass on as a referral,
for the corporation's appropriate action,
representations or enquiries which the Minister or
his or her office receive from Parliamentarians,
other Ministers or their offices, the Minister's own
constituents or, more generally, the public. The
Office of the Ethics Commissioner will work with
Minister's offices and the Crown corporations in
establishing these procedures.
- More broadly, these guidelines do not prevent any
Minister or their political staff from social contact
with the officers and staff of Crown corporations
nor from participating in briefing sessions initiated
by the corporation.
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