Portfolio and Appointments

Transport Portfolio Appointments

The Minister of Transport is responsible for one of the largest appointments portfolios in the Government of Canada with over 300 total appointments (a complete breakdown is available in Annex A). 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 publicly, candidates are reviewed and interviewed by a committee, and the Minister is provided with a shortlist of candidates who have qualified based on merit.

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 resumes, conducts interviews, and reviews reference checks in order to prepare a short list of qualified candidates. This short list 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 (for example, directors of a Crown corporation). The tenure of an appointment can be either “during good behavior” (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 reappointments 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 without the involvement from the Privy Council Office. Notices of Appointment Opportunity are posted on Transport Canada’s website in addition to being distributed broadly through other means. 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. Departmental 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. 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 portfolio appointments for which the Minister of Transport is responsible (Ministerial and GiC) are currently filled. However, as of July 2023, there are approximately 122 positions (roughly one third) that are either in “overholding status” (incumbent is allowed to continue service beyond term) or “vacant” (incumbent could not continue beyond term). There are a few qualification processes underway to fill vacancies and the vast majority of vacant or overholding positions can be regularized through the selection of candidates from recently completed processes.

Many of the high-priority vacancies within the portfolio will require ministerial direction as soon as possible in order to secure approvals from the GiC :

1. Halifax Port Authority: vacant federal director position.
2. VIA Rail: vacant and overholding director positions.
3. Laurentian Pilotage Authority: vacant or overholding member and chairperson positions.
4. Atlantic Pilotage Authority: upcoming vacancy of chairperson position.
5. Ship-source Oil Pollution Fund/ Fund for Railway Accidents Involving Designated Goods: Full-time Administrator position.
6. Canadian Air Transport Security Authority: overholding or vacant Director positions.
7. Transportation Appeal Tribunal of Canada: vacant chairperson and member positions.
8. Federal Bridge Corporation Ltd. : Overholding and vacant director positions.
9. Canadian Transportation Agency: vacant temporary member positions.
10. Fifty-seven overholding or vacant positions in Port Authorities, including forty-six Port User Nominating Committee recommendations, for positions at Belledune, Hamilton-Oshawa, Montréal, Nanaimo, Port Alberni, Prince Rupert, Québec, Saguenay, Saint John, Sept-Îles, St. John’s, Thunder Bay, Toronto, Trois-rivières, Vancouver Fraser and Windsor Port Authorities. Some candidates have withdrawn their interest due to delays in appointment process.

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

Organization	Maximum Appointments
Governor in Council Appointments
Crown Corporations (8 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 (4 entities)
Canadian Transportation Agency	8
Ship-Source Oil Pollution Fund	2
Fund for Railway Accidents Involving Designated GoodsFootnote 1	1
Transportation Appeal Tribunal of CanadaFootnote 2	50
Sub-total	61
Other (2 entities)
Buffalo and Fort Erie Public Bridge Authority	5
Québec Port Warden, Harbour of Québec	1
Sub-total	6
Total (GiC)	227
Ministerial Appointments
Airport authorities (21 entities)	42
Harbour masters and wharfingers	38
NAV CANADAFootnote 3	3
St. Lawrence Seaway Management Corporation	1
Canadian North Advisory Board	1
Total (ministerial)	85
Other Appointments – VIA HFR
VIA HFRFootnote 4	8
Total (portfolio)	320