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Order in Council Appointments

In accordance with the terms of Standing Order 110(1), the government is required to table in the House certified copies of all Order in Council appointments to non-judicial posts within five sitting days of their publication in the Canada Gazette. The Standing Orders provide that the certified copies be automatically referred to the standing committee specified at the time of tabling, normally the committee charged with overseeing the organization to which the individual has been appointed.

A Minister may also table a certificate of nomination to a non-judicial post pursuant to Standing Order 110(2). Such notices are also referred to the standing committees specified at the time of tabling.

Committees have 30 sitting days following the day of tabling in which to consider the appointments or nominations, pursuant to Standing Order 110. During that period, the committee may call the appointee or nominee to appear before it to answer questions respecting his or her qualifications and competence to perform the duties of the post to which he or she has been appointed or nominated.

Upon written application from the clerk of a committee, the Minister’s office must provide the curriculum vitae of any Order in Council appointee or nominee to any post that falls within the mandate of that standing committee, in conformity with Standing Order 111(4).

The scope of a committee’s examination of Order in Council appointees or nominees is strictly limited to the appointee or nominee’s qualifications and competence to perform the duties of the position. Any question may be permitted if it can be shown to directly relate to the appointee or nominee’s ability to do the job.

Standing Order 111(2) provides that a committee has no power to revoke an appointment or nomination and may only report that it has examined the appointee or nominee and give its judgment as to whether the candidate has the qualifications and competence to perform the duties of the position to which he or she has been appointed or nominated.

Committees are not obliged to consider any of the Order in Council appointments or nominations that have been referred to them.

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