Public Officers Appointment in Canada

Public Officers Appointment in accordance with the Interpretation Act

The Canada´s Interpretation Act provides rules to Courts for the interpretation of legislation.

Public officers hold office during pleasure

Every public officer appointed by or under the authority of legislation (or piece of legislation) or otherwise is deemed to have been appointed to hold office during pleasure only, as stated by the Canada´s Interpretation law, unless it is otherwise expressed in the legislation, commission or instrument of appointment.

Effective day of appointments

Where an appointment is made by instrument under the Great Seal, the instrument may purport to have been issued on or after the day its issue was authorized, and the day on which it so purports to have been issued is deemed to be the day on which the appointment takes effect.

Appointment or engagement otherwise than under Great Seal

Where there is authority in legislation (or piece of legislation) to appoint a person to a position or to engage the services of a person, otherwise than by instrument under the Great Seal, the instrument of appointment or engagement may be expressed to be effective on or after the day on which that person commenced the performance of the duties of the position or commenced the performance of the services, as stated by the Interpretation Act, and the day on which it is so expressed to be effective, unless that day is more than sixty days before the day on which the instrument is issued, is deemed to be the day on which the appointment or engagement takes effect.

Remuneration

Where a person is appointed to an office, the appointing authority may fix, vary or terminate that person’s remuneration.

Commencement of appointments or retirements

Where a person is appointed to an office effective on a specified day, or where the appointment of a person is terminated effective on a specified day, the appointment or termination is deemed to have been effected immediately on the expiration of the previous day.

Implied powers respecting public officers

Words authorizing the appointment of a public officer to hold office during pleasure include, in the discretion of the authority in whom the power of appointment is vested, the power to

 

• terminate the appointment or remove or suspend the public officer;
• re-appoint or reinstate the public officer; and
• appoint another person in the stead of, or to act in the stead of, the public officer.

Power to act for ministers

Words directing or empowering a minister of the Crown to do an act or thing, regardless of whether the act or thing is administrative, legislative or judicial, or otherwise applying to that minister as the holder of the office, include

• a minister acting for that minister or, if the office is vacant, a minister designated to act in the office by or under the authority of an order in council
• the successors of that minister in the office
• his or their deputy, and
• notwithstanding paragraph (c), a person appointed to serve, in the department or ministry of state over which the minister presides, in a capacity appropriate to the doing of the act or thing, or to the words so applying.

Restriction as to public servants

Nothing in paragraph (c) or (d) shall be construed as authorizing the exercise of any authority conferred on a minister to make a regulation as defined in the Statutory Instruments Act (see more).

Successors to and deputy of public officer

Words directing or empowering any public officer, other than a minister of the Crown, to do any act or thing, or otherwise applying to the public officer by his name of office, include his successors in the office and his or their deputy.

Powers of holder of public office

Where a power is conferred or a duty imposed on the holder of an office, the power may be exercised and the duty shall be performed by the person for the time being charged with the execution of the powers and duties of the office.

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This entry was last updated: January 27, 2014