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/ Canadian Government Executive

// April 2016

O

ne of the most important powers at the disposal of

Canadian prime ministers is the ability to appoint in-

dividuals to public organizations or advisory commit-

tees. While most people know about the role prime

ministers play in appointing their cabinet or senators, it is not

generally known that prime ministers, often in concert with the

relevant ministers, also play a significant role in recommending

an array of people to a wide range of organizations. As a conse-

quence, over the course of a four-year mandate, a prime minister

could potentially be involved in more than 3,000 full and part-

time appointments.

This prerogative includes the appointment of CEOs and mem-

bers of boards of directors to large public organizations such as

the Canadian Broadcasting Corporation or Export Development

Canada as well as part-time appointments for small advisory

groups. In addition, the prime minister proposes the appoint-

ment of all Supreme and Federal Court judges, all ambassadors

and heads of missions abroad, and all deputy ministers.

Canada has rightfully earned an international reputation for

good public management and robust accountability systems but

one area where we have lagged behind other comparator coun-

tries is the way in which the federal government appoints public

office holders.

Since being sworn in as Canada’s prime minister, Justin

Trudeau has aggressively followed up on many of his election

promises, including his commitment to modernize the current

appointment process. The issue was given particular promi-

nence during the election when it was discovered that, in the last

months of the Conservative government, Prime Minister Harper

had appointed 33 people whose terms would extend well beyond

the mandate of his government.

In the mandate letter that the Prime Minister sent to his newly

elected Minister of Democratic Institutions, Maryam Monsef, her

“overarching goal will be to strengthen the openness and fairness

of Canada’s public institutions.” She was also directed to play a

major role in fulfilling the government’s commitment to transpar-

ent, merit-based appointments.

In February the new government gave further indications

where they are heading with their reform package when they is-

sued a statement that reemphasized how the new appointment

system, in contrast to earlier ones, would be based on “an open,

transparent and merit-based selection process,” meet gender and

diversity guidelines, and introduce a rigorous selection process

that compares applicants’ skills to the requirements of the job.

This is a very encouraging start and, given that Canada is more

than twenty years behind comparator nations, this gives policy

makers the opportunity to give full consideration to their best

practices. For example, the British government created a Cen-

tre for Public Appointments in 1995 after many concerns were

raised in Parliament and the media about the conduct and stan-

dards of those in public life. As a result, sweeping changes were

introduced that were anchored around this new Centre which

promotes public appointments, identifies potential public office

holders and manages a selection process that gives Ministers or

the prime minister an opportunity to meet the most qualified can-

didates prior to making a final decision.

In Australia, the federal government created a similar body. Aus-

GovBoard has a more limited function than its British counterpart

in the sense that it is primarily concerned with public agencies.

Nonetheless, AusGovBoard is an online information source for

more than 400 government boards that provides information to

potential appointees on board descriptions, current vacancies, ap-

pointment terms and expiry dates.

In Canada, the government of Ontario has created the Public

Appointments Secretariat where ‘all Ontarians have an up-to-date

and accurate picture of the vacancies and the timetable for filling

them. As in the case of the UK and Australia, the Secretariat is

also designed ‘to ensure that these agencies are made up of mem-

bers who are qualified to do the job’ and who are representative

of all segments of Ontario society.

Currently the federal government is looking at options to make

the system more transparent and representative of Canada’s di-

versity, and allow for more meritorious appointments. Since early

March, as an interim measure, the PCO has mounted a website

(www.appointments-nominations.gc.ca)

for potential board mem-

bers to register their interest in serving on a commission, board,

Crown corporation, agency or tribunal. In order to give full effect

to their efforts, the prime minister has also pledged to limit ap-

pointments to those that are essential and, in those circumstanc-

es, only for a one-year mandate to ensure that appointments will

fall under the new regime.

The opportunity to align Canada’s governance structure with

its principles is at hand. The government has already addressed

some of the issues around Senate and electoral reform and its re-

fashioning of the appointment process will be another building

block in strengthening of Canada’s democratic institutions.

The federal government should be congratulated for making

the reform of the appointment process a priority among a long

list of many other worthy and competing ones. However, this op-

portunity must not be squandered in its haste to check off another

election promise before moving on to the next one. Instead, now

is the time to pause long enough to learn from those countries

that have recently reformed their appointment processes in order

to take advantage of best practices.

D

avid

Z

ussman

is a Senior Fellow in the Graduate School

of Public and International Affairs at the University of

Ottawa and is Research Advisor to the Public Sector

Practice of Deloitte.

dzussman@uottawa.ca.

The Last Word

David Zussman

The Appointment Process: Time for Change

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