Governor in Council and Ministerial appointments

Overview

The appointment function is central to the Government’s ability to carry out its mandate, and making qualified appointments is key to the achievement of the Government’s objectives and the strengthening of accountability.

Ministers have the authority to make or recommend a number of appointments for positions in portfolio agencies and other bodies. There are two types of appointments: Governor in Council appointments and Ministerial appointments.

Governor in Council appointments

• Governor in Council (GiC) appointments are made by the Governor General, on the advice of the Queen’s Privy Council of Canada (i.e., Cabinet). The responsibilities of GiC appointees range from making quasi-judicial decisions, to providing advice and recommendations on socio-economic development issues, to managing Crown corporations. The Governor General is represented by Cabinet with authority provided in the appropriate statutes. The role of the Minister is to make the recommendation to Cabinet.
• Appointments are made by the GiC through an Order in Council (OiC), which specifies the tenure, term of office and terms and conditions of the appointment.
• According to guidance from the Privy Council Office (PCO), to ensure the quality of GiC appointments, Ministers and their offices and departments should ensure that accessible, competency-based and transparent selection processes are developed and implemented when proceeding with staffing GiC positions within their portfolio. The responsibility for making qualified appointments that reflect Canada’s diversity in terms of linguistic, regional and employment equity representation rests with Ministers.
• The Department provides advice and supports the Minister and their office in the management of GiC appointments by identifying upcoming vacancies, and providing fact-based analysis of the skills needed on the Boards and the competencies of candidates, as well as strategic advice on the selection process.
• The Minister of Environment and Climate Change is currently responsible for nominations for GiC appointments to eight advisory bodies as well as for the positions of Parks Canada Agency CEO and President of the Impact Assessment Agency of Canada.
  

Ministerial appointments

• Ministerial appointments are appointments made under the authority of a Minister that do not require the approval of the Governor in Council.  A Minister’s authority to make Ministerial appointments may come from a variety of sources, including federal and provincial legislation, federal/provincial/territorial and international agreements, and the documents that create, continue or establish an organization.
• Several of the organizations for which the Minister of Environment and Climate Change has appointment responsibilities have been established under land claims and enabling legislation to carry out functions associated with resource management and dispute resolution. Many play a particularly significant role in conservation, protection and enforcement. These organizations (boards, panels, commissions) are physically located across the country and vary in scope.
• As with GiC appointments, and on the advice of PCO, Ministers and their offices and departmental leads should ensure, whenever possible, that accessible, competency-based and transparent selection processes are developed and implemented when proceeding with staffing Ministerial positions within their portfolio. This may vary based on the nomination process prescribed in the enabling legislation or agreement.
• The Department provides options to address current and upcoming vacancies for specific bodies on a priority basis. It coordinates with the Minister’s office to develop and implement open, transparent, and representative processes to identify candidates, as appropriate.
• Ministerial appointments are made directly by the Minister through a letter of appointment.
• The Minister of Environment and Climate Change is responsible for roughly 290 Ministerial appointments across 60 bodies (e.g., panels, committees, boards).
• Individual advisory bodies are managed by various sector leads within the Department. The Corporate Secretariat acts in an advisory capacity and provides a single point of contact.

Annex – Governor in Council appointments summary