[Updated Dec. 7, 2016] – The Canadian Grain Commission (CGC) has no commissioners, but it’s business almost as usual, until new ones are appointed, says Remi Gosselin, the CGC’s manager, corporate information services.
“We can continue to function on a short-term basis without commissioners, but we wouldn’t be able to issue orders or make regulations,” Gosselin said in an interview Dec. 2. “Usually the orders that we create are not until July 1 or August 1.”
The CGC, which under the Canada Grain Act is Canada’s grain industry watchdog, ensuring grain quality control and protecting farmers against payment defaults by licensed grain companies, is overseen by up to three commissioners appointed by the federal government — a chief commissioner, an assistant chief and a commissioner.
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Murdoch MacKay, who served six years, was the last commissioner standing. His term expired Dec. 5.
As of press time that day, Ottawa had not announced the appointment of any replacements.
Assistant chief commissioner Jim Smolik’s term expired Nov. 24 after almost nine years. The farmer from Dawson Creek, B.C., started his new job — Cargill Canada’s head of corporate affairs — Nov. 28.
Chief Commissioner Elwin Hermanson’s term expired Jan. 20 and he chose not to re-apply. He was first appointed Jan. 21, 2008.
When all the offices of the commissioners are vacant it is important to know the following, Gosselin said: “The commission will continue to exist. Public servants will continue to be employed and be in a position to fulfil their duties without change. The functions, for example of the chief grain inspector, chief weigher, will be unaffected. Grain research and provisions of all other services are unaffected. So the CGC’s day-to-day operations — licensing and producer protection — will not be affected. Basically those functions of the commission, short of making orders and regulations, would be delegated and would continue.”
CGC commissioners also have quasi-judicial powers, but they are rarely used, Gosselin said.
The Liberal government’s delay in appointing new commissioners raises questions. One hypothesis is the new government, which promised a more open system making government patronage appointments, has been bogged down with a high number of applicants.
The jobs pay between $142,800 and $168,000 yearly for commissioner and assistant chief commissioner and between $230,800 and $271,500 for the chief, which is equivalent to the deputy minister of a federal department.
The government advertised the jobs this summer and both Smolik and MacKay applied. And while both obviously had a lot of experience, they were also appointed by the former Conservative government. Traditionally, when a party of a different stripe takes office, it replaces appointees when their terms expire.
The original application deadline of Aug. 17 was extended to Oct. 3.
There are a lot of factors to consider when selecting commissioners. Competency is an obvious one, but traditionally the appointees have represented both the grain trade and farmers, as well as regionally.
For example, MacKay came from the grain trade having worked for Agricore and United Grain Growers and had long been based in Winnipeg.
Hermanson and Smolik were both farmers from Saskatchewan and B.C., respectively.
But the current government is also seeking candidates with diversity.
“Preference may be given to candidates who are members of one or more of the following groups: women, indigenous peoples, disabled persons, and members of visible minorities,” the government advertisement said.
Only two commissioners have been women. The first was Beth Candlish, who served between Dec. 3, 1981 and Jan. 24, 1986.
She was followed by Chris Hamblin, who was appointed a commissioner in March 2002 and became chief commissioner Oct. 2, 2002 and served until Oct. 2, 2007.
