Transport Portfolio Appointments

The Minister of Transport is responsible for one of the largest appointments portfolios in the Government of Canada, with over 300 appointments in total (a complete breakdown is available in Appendix B). All appointments are based on open, transparent and merit-based selection processes intended to reflect Canada’s diversity. For both Governor in Council (GiC) appointments (those requiring Cabinet approval) and ministerial appointments (those requiring approval only from the Minister), open positions are posted publically, candidates are reviewed and interviewed by a committee, and the Minister is provided with a shortlist of candidates who have qualified based on merit.

There are two basic types of appointments for which the Minister of Transport is responsible:

  • Governor in Council appointments requiring Cabinet approval; and
  • Ministerial appointments not requiring Cabinet approval.

Governor-in-Council Appointments


As GiC appointments require Cabinet approval, the Privy Council Office is engaged in all steps of the process. Each Notice of Appointment Opportunity, including selection and eligibility criteria, is posted on the central GiC appointments website, in addition to being distributed through other channels in order to maximize outreach to Canadians.

Selection committees for GiC processes include representatives from the Prime Minister’s Office, the Office of the Minister of Transport, and Transport Canada, as well as chairpersons for some Crown corporations. The selection committee screens resumés, conducts interviews and reviews reference checks in order to prepare a shortlist of qualified candidates. This shortlist is presented to the Minister, who then selects candidates for recommendation to the GiC.

Terms and conditions of Governor-in-Council appointments


The terms and conditions of each GiC appointment are made through an Order in Council (OiC), which also sets out whether the appointee holds office on a full- or part-time basis. The majority of appointees serve on a part-time basis (e.g. directors of a Crown corporation). The tenure of an appointment can be either “during good behaviour” (may only be removed for cause) or “during pleasure” (may be removed at the discretion of the GiC).

The term of an appointment is for a specific period, and the appointment lapses upon term expiry, unless there is a legislative provision to the contrary. The appointee may be reappointed to the same position at the discretion of the GiC. In some cases, statutory provisions prohibit or set limits on reappointment to the same position.

Remuneration and terms and conditions for most appointees are fixed by the GiC. Established policies and frameworks help to ensure fairness and equity among appointees.

Guidelines for Governor-in-Council Appointees


Specific statutes and guidelines govern the conduct and actions of GiC appointees while in office.

The Conflict of Interest Act establishes conflict-of-interest and post-employment rules and compliance measures for public office holders. The Act is administered by the Conflict of Interest and Ethics Commissioner. The Ethical Guidelines and Statutory Standards of Conduct outline ethical principles that must be adhered to by all public office holders. These principles are based on the general principle that public office holders should not participate in any political activity that might impair, or be seen to impair, their ability to discharge their duties in a politically impartial manner or cast doubt on the integrity or impartiality of the office.

Ministerial Appointments


Ministerial appointments follow a similar open, transparent and merit-based selection process, but with less involvement from the Privy Council Office. Notices of Appointment Opportunity are posted on Transport Canada’s website and distributed broadly through other means as well. Selection committees include only representatives from the Office of the Minister of Transport and relevant groups within Transport Canada.

Terms and conditions of ministerial appointments


The terms and conditions of ministerial appointments are set out in federal or provincial/territorial legislation and the by-laws of the various organizations. For airport authorities and shared-governance organizations, the terms and conditions of appointments are set in the organization’s by-laws.

Harbour masters and wharfingers


Pursuant to section 69(1) of the Canada Marine Act, the Minister of Transport has the authority to appoint harbour masters and wharfingers to act as on-site representatives at public ports and public port facilities administered by Transport Canada. Transport Canada regional staff train appointed harbour masters and wharfingers and assign duties and responsibilities accordingly. Harbour masters and wharfingers are responsible for monitoring activities at public port and public port facilities in order to ensure compliance with the Canada Marine Act, and for gathering information for the collection of fees owed, including harbour dues and berthage, wharfage and storage fees. With respect to the appointment of harbour masters and wharfingers at public ports and public port facilities, the Minister has discretion over the length of the term and may remove appointees for cause.

Canadian North Advisory Board


The Minister also appoints one member to the Canadian North Advisory Board, which is a temporary entity mandated to report to the Minister on matters related to the merger of Bradley Air Services Limited (First Air) and Canadian North Inc., and the competitive behaviour of the merged entity.

Priority Portfolio Appointments


The majority of the total appointments for which the Minister of Transport is responsible are currently filled. However, within the next three months, approximately one quarter of these positions will either be “overholding” (meaning allowed to continue service, but beyond term) or vacant (where the incumbent may not continue beyond term). Although there are a few qualification processes underway to fill vacancies, the vast majority of vacant or overholding positions could be regularized through the selection of candidates from recently completed processes.

As of August 13, 2021, there are 87 overholding or vacant positions. A large number of these are high-priority vacancies at organizations within the Transport portfolio that will require ministerial direction as soon as possible in order to secure approvals from the Governor in Council:

  1. Transportation Appeal Tribunal of Canada: seven vacant positions and an additional ten expiring at the end of November. Vacancies at the Tribunal impact operational effectiveness, as the Tribunal is currently unable to provide services in French in the medical and aviation fields.
  2. PortsToronto: five overholding or vacant positions
  3. Hamilton-Oshawa Port Authority: five overholding or vacant positions
  4. Six Port User Nominating Committee recommendations at Port Alberni, Prince Rupert, Sept-Îles, Saint John’s and Vancouver Fraser port authorities.
    • Appointments from some Port User Nominating Committee recommendations have been so delayed that the candidates have withdrawn their interest.

Annex A - Distribution of Appointments Across Type of Organization


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Legend


  Governor in Council appointments (225)

  Ministerial appointments (90)


Note: Hover or press each slice of the chart to see a breakdown of the appointments...

 

Annex B - Summary of Governor-in-Council and Ministerial Appointments in the Transport Portfolio

Organization Maximum Appointments
Governor in Council appointments  
Crown Corporations (Eight entities)  
Atlantic Pilotage Authority 7
Canadian Air Transport Security Authority 12
Federal Bridge Corporation Limited 7
Great Lakes Pilotage Authority 7
Laurentian Pilotage Authority 7
Marine Atlantic Inc. 10
Pacific Pilotage Authority 7
VIA Rail Canada Inc. 13
Sub-total 70
Port Authorities (17 entities) 90
Administrative tribunals and agencies  
Canadian Transport Agency 5
Ship-Source Oil Pollution Fund 2
Fund for Railway Accidents Involving Designated Goods Footnote *
Transportation Appeal Tribunal of CanadaFootnote 1 50
Sub-total 57
Other  
Buffalo and Fort Erie Public Bridge Authority 5
Québec Port Warden 1
Sub-total 6
Total (GiC) 225
Ministerial appointments  
Airport Authorities (21 entities) 42
Harbour masters and wharfingersFootnote 2 46
NAV Canada 3
St. Lawrence Seaway Management Corporation 1
Total (Ministerial) 90
Total (Portfolio) 315