Appointment, Retirement and Powers of Officers
Marginal note:Public officers hold office during pleasure
23. (1) Every public officer appointed by or under the authority of an enactment or otherwise is deemed to have been appointed to hold office during pleasure only, unless it is otherwise expressed in the enactment, commission or instrument of appointment.
Marginal note:Effective day of appointments
(2) 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.
Marginal note:Appointment or engagement otherwise than under Great Seal
(3) Where there is authority in an enactment 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, 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.
(4) Where a person is appointed to an office, the appointing authority may fix, vary or terminate that person’s remuneration.
Marginal note:Commencement of appointments or retirements
(5) 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.
- R.S., c. I-23, s. 22.
Marginal note:Implied powers respecting public officers
24. (1) 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
(a) terminate the appointment or remove or suspend the public officer;
(b) re-appoint or reinstate the public officer; and
(c) appoint another person in the stead of, or to act in the stead of, the public officer.
Marginal note:Power to act for ministers
(2) 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) 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;
(b) the successors of that minister in the office;
(c) his or their deputy; and
(d) 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.
Marginal note:Restriction as to public servants
(3) Nothing in paragraph (2)(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.
Marginal note:Successors to and deputy of public officer
(4) 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.
Marginal note:Powers of holder of public office
(5) 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.
- R.S., 1985, c. I-21, s. 24;
- 1992, c. 1, s. 89.
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