Some of those 400 positions are associate deputy minister positions. And the act provides for the appointment of associate deputy ministers. But because a department has grown over the years or because there is no provision in the act, there is a need for something like this.
Traditionally, associate deputy ministers, which are very high-level positions, are appointed by the Governor in Council. The practice was to ask the Public Service Commission for a general exclusion from its authority in order to be able to appoint an associate deputy minister, because there was a need to do so.
With the passage of the Federal Accountability Act, the commission would occasionally receive such requests for the purpose of special appointments. It would happen very late, on a Thursday, for example, so it could be done as soon as possible. And the commission was not very comfortable with those requests. So there was a desire to give the Governor in Council the ability to appoint these individuals in special circumstances and when it was reasonable to do so. That is what the Federal Accountability Act did. For instance, that was the case for an advisor to a deputy minister or equivalent position where that practice was traditionally used.
In the case of a special advisor to a minister, we established the clause to address a situation that arises from time to time where a minister needs a special advisor. However, the wording of the provision could be very open to interpretation. What is a special advisor exactly?