Salaries Act

Marginal note:Functions of Commission

• 1.1 (1) The Governor in Council may establish a Public Appointments Commission, consisting of a chairperson and not more than four other members

  • (a) to oversee, monitor, review and report on the selection process for appointments and reappointments by the Governor in Council to agencies, boards, commissions and Crown corporations, and to ensure that every such process is widely made public and conducted in a fair, open and transparent manner and that the appointments are based on merit;

  • (b) to evaluate and approve the selection processes proposed by ministers to fill vacancies and determine reappointments within their portfolios, monitor and review those processes, and ensure that they are implemented as approved, giving special attention to any instances in which ministers make appointments that are inconsistent with the recommendations of appointment panels;

  • (c) to develop and establish a code of practice for appointments by the Governor in Council and ministers that sets out the steps that are necessary for a fair, open and transparent appointment process, including requirements for appointments and criteria for appointments to be made fully public;

  • (d) to audit appointment policies and practices in order to determine whether the code of practice is being observed;

  • (e) to report publicly on compliance with the code of practice, in particular by providing an annual report to the Prime Minister to be transmitted to the Speaker of each House of Parliament for tabling and referral to the appropriate committee of that House for study;

  • (f) to provide public education and training of public servants involved in appointment and reappointment processes regarding the code of practice; and

  • (g) to perform any other function specified by the Governor in Council.

• Marginal note:Appointment

  (2) Before making a recommendation to the Governor in Council that a person be appointed to the Commission, the Prime Minister shall consult with the leader of every recognized party in the House of Commons. An announcement of an appointment shall be transmitted to the Speaker of the House of Commons for tabling in that House.

• Marginal note:Term of office

  (3) Members of the Commission hold office during good behaviour for a term of five years and may be reappointed for a further term or terms, but are removable for cause by the Governor in Council.

• Marginal note:Report to Parliament

  (4) In its report, the Commission shall identify any material failure to comply with its code of practice by any department, Minister or official.