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 (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 appointments (requiring Cabinet approval) and Ministerial appointments (requiring approval only from the Minister), open positions are posted publicly. Candidacies are reviewed and candidates are 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 Governor in Council 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 Governor in Council appointments website, in addition to being distributed through other channels in order to maximize outreach to Canadians.
Selection committees for Governor in Council processes include representatives from the Prime Minister’s Office, the Office of the Minister of Transport, Transport Canada and the Privy Council Office, 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 Governor in Council.
Terms and Conditions of Governor in Council Appointments
The terms and conditions of each Governor in Council appointment are made through an Order in Council, 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 behavior” (may only be removed for cause) or “during pleasure” (may be removed at the discretion of the Governor in Council).
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 Governor in Council. In some cases, statutory provisions prohibit or set limits on reappointments.
Remuneration and terms and conditions for most appointees are fixed by the Governor in Council. 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 Governor in Council appointees while in office.
The Conflict of Interest Act establishes conflict of interest and post-employment rules and compliance measures for public office holders. This 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 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 legislation and the by-laws of the various organizations (e.g., airport authorities, shared-governance organizations).
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 incumbents for cause.
Priority Portfolio Appointments
Approximately two thirds of the appointments for which the Minister of Transport is responsible (Ministerial and Governor in Council) are currently filled. As of October 2, 2024, there are 67 vacant positions (21%) and 41 positions (13%) that are in “overholding status” (incumbent is allowed to continue service beyond term). There are currently a large number of selection processes underway (10) to fill some vacancies. The majority of vacant positions can be regularized through the selection of candidates from recently completed processes. Several positions in overholding status can be addressed by reappointments. The percentage of vacancies and overholding positions is comparable to other large federal portfolios.
Many of the high-priority appointments within the portfolio will require ministerial direction as soon as possible in order to secure approvals from the Governor in Council:
- Laurentian Pilotage Authority: three vacant member positions.
- VIA Rail: upcoming term expiry for the Chairperson and one vacant director position.
- Ship-Source Oil Pollution Fund: overholding Administrator position.
- Transportation Appeal Tribunal of Canada: ten vacant part-time member positions.
- Buffalo and Fort Erie Public Bridge Authority: one vacant member position.
- Atlantic Pilotage Authority: two vacant member positions
- Marine Atlantic Inc.: one overholding director position.
- 54 overholding or vacant director positions in Port Authorities.
|
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 1 |
50 |
|
Sub-total |
61 |
|
Other (2 entities) |
|
|
Buffalo and Fort Erie Public Bridge Authority |
5 |
|
Québec Harbour Port Warden |
1 |
|
Sub-total |
6 |
|
Total (Governor in Council) |
227 |
|
Ministerial Appointments |
|
|
Airport authorities (21 entities) |
42 |
|
Harbour masters and wharfingers |
38 |
|
NAV CANADAFootnote 2 |
3 |
|
St. Lawrence Seaway Management Corporation |
1 |
|
Total (ministerial) |
84 |
|
Other Appointments |
|
|
VIA HFR - Via TGF Inc.Footnote 3 |
8 |
|
Total (portfolio) |
319 |