[2] The Commissioner is appointed by the Chief Electoral Officer in consultation with the Director of Public Prosecutions.

In 1977, the Commissioner's role was extended to cover enforcement of all sections of the Canada Elections Act.

The role was further expanded in 1992 to cover all sections of the newly created Referendum Act.

These include the power to petition a court to issue a search warrant or production order for documents as required for to complete an investigation.

The Commissioner may also petition a court to compel a witness to testify under oath.