Bill 1601 — Independent Appointments Commission Act (48th General Assembly, 1st Session)

Bill 1601

Newfoundland and Labrador — Bills

First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 1

AN ACT TO ESTABLISH AN

INDEPENDENT APPOINTMENTS COMMISSION AND TO REQUIRE A MERIT-BASED PROCESS FOR

VARIOUS APPOINTMENTS

Received and Read the First Time ..................... ..... ....... .........................

March 8, 2016

Second Reading ............... .................... .. ..... ............................... .... ......... March 21, 2016

Committee .................... ............................... ....... Amendments

1 ,

2 ,

3 ,

4 - May 17, 2016

Third Reading ...................... .............................. ......................................... May 17, 2016

Royal Assent .......................................................................................................................

HONOURABLE DWIGHT BALL

Premier

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Independent Appointments Commission Act .

The Bill would

require appointments to

agencies, boards and commissions, as well as other select appointments, to be

subject to a merit-based process;

establish an Independent

Appointments Commission;

make consequential amendments

to the Public Service Commission Act to

enhance the powers of that commission, which would enable it to support the

Independent Appointments Commission; and

amend the Public Service Commission Act to empower that commission to administer

a merit-based process for appointments to agencies, boards and commissions.

A BILL

AN ACT TO ESTABLISH AN INDEPENDENT

APPOINTMENTS COMMISSION AND TO REQUIRE A MERIT-BASED PROCESS FOR VARIOUS

APPOINTMENTS

Analysis

Short title

Definitions

PART

PURPOSE AND EFFECT

Purpose

Recommendations to be considered

Effect of requirement to consider

recommendation

PART

INDEPENDENT APPOINTMENTS COMMISSION

Commission established

Tenure of office

Panel

Recommendations of commission

Duties and powers of commission

Support of commission

Duties of Public Service Commission

PART

III

GENERAL

Report required

Attempt to influence

Schedule

Review

Protection from liability

Transitional

RSNL1990 cP-43 Amdt.

SNL2006 cR-7.1 Amdt.

NLR 18/08 Amdt.

SNL2005 cR-15.1 Amdt.

NLR 59/03 Amdt.

RSNL1990 cW-11 Amdt.

Schedule

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Independent

Appointments Commission Act .

Definitions

2. In

this Act

(a) "appointment" means the appointment

of a person under the authority of a statutory provision or to an entity listed

in the Schedule;

(b) "commission" means the Independent

Appointments Commission established in

section 6;

process established by the commission in consultation with the Public Service

Commission for the purpose of executing their respective duties under this Act;

(d) "minister" means the minister

(

i) responsible for the administration of the Act

under the authority of which an appointment may be made, or

(ii) to whom an entity is accountable further to

its establishment;

(e) "minister responsible for the

administration of this Act" means the minister appointed under the Executive Council Act to administer this

Act; and

(f) "Public Service Commission" means

the commission appointed under

section 5 of the Public Service Commission Act .

PART I

PURPOSE AND EFFECT

Purpose

3. The

purpose of this Act is to

(

a) require a merit-based process for

appointments; and

(

b) establish an independent commission to provide

recommendations for appointments in accordance with that process.

Recommendations to

be considered

4. The

Lieutenant-Governor in Council or a minister, as appropriate, shall consider

the recommendations of the commission in making an appointment.

Effect of requirement

to consider recommendation

5. Notwithstanding

another provision of this Act, the requirement to consider a recommendation

under

section 4 shall in no way affect, alter or fetter the discretion of the

Lieutenant-Governor in Council or the minister to exercise an authority to

appoint a person under the applicable Act or another authority.

PART II

INDEPENDENT APPOINTMENTS COMMISSION

Commission established

(1) The

Independent Appointments Commission is established.

(2) The commission is an independent, non-partisan

body whose mandate is to provide non-binding recommendations respecting appointments

to the Lieutenant-Governor in Council or the minister, as appropriate,

following a merit-based process.

(3) The commission shall consist of 5 members

appointed by the Lieutenant-Governor in Council on resolution of the House of

Assembly.

(4) The Lieutenant-Governor in Council shall

designate one of the members of the commission to be chairperson.

(5) The members of the commission may elect from

among their number one person as vice-chairperson who may act in the absence of

the chairperson.

(6) A commissioner shall not be remunerated for

his or her duties under this Act but a commissioner shall be paid the expenses

actually and reasonably incurred by him or her in carrying out those duties in

accordance with Treasury Board guidelines.

(7) The commission shall adopt rules of procedure

and keep records of its proceedings.

(8) Acts done by the commission shall,

notwithstanding that it is afterwards discovered that there was some defect in

the appointment or qualifications of a person purporting to be a member of the

commission, be as valid as if the defect had not existed.

Tenure of office

(1) A

commissioner shall be appointed for a term of 3 years, and may be reappointed

for one additional 3 year term, to be served consecutively.

(2) Where a commissioner is reappointed under

subsection (1), he or she shall be reappointed in the manner referred to in

subsection 6(3).

(3) A commissioner holds office during good

behaviour, but may be removed by the Lieutenant-Governor in Council on resolution

of the House of Assembly.

(4) Where the House of Assembly is not sitting and

a commissioner cannot act due to accident, illness, incapacity or death, the

Lieutenant-Governor in Council may appoint a person to act in his or her place,

but that appointment shall be confirmed on resolution of the House of Assembly

within 10 sitting days of the House next sitting.

(5) With the exception of the first members

appointed to the commission and the reappointment of those members, if granted,

this Act applies to the appointment of the members of the commission.

(6) A commissioner

shall, when appointed, take an oath that he or she will be impartial in the

carrying out of duties under this Act.

Panel

8. The

chairperson of the commission shall appoint a panel of 3 commissioners to

review potential appointees for each appointment.

Recommendations

of commission

(1) The

commission shall provide recommendations respecting appointments in accordance

with a merit-based process.

(2) Subsection (1) does not apply to

(

a) a renewal or extension of an appointment where

that appointment was made further to a merit-based process in accordance with

this Act; or

(

b) an appointment which, in the opinion of the

Lieutenant-Governor in Council or the minister, as appropriate, must be made

due to urgent or extenuating circumstances.

(3) Where an appointment is made further to urgent

or extenuating circumstances as referred to in paragraph (2)(b), the minister responsible

for the administration of this Act shall report on the circumstances of that appointment

in the manner required by

section 13.

Duties and powers

of commission

(1) The

commission shall

(

a) together with the Public Service Commission, administer

a merit-based process for appointments; and

(

b) recommend 3 persons for those appointments.

(2) Notwithstanding paragraph (1)(b), where, in

the opinion of the commission, it is not possible to recommend 3 persons for an

appointment, the commission may recommend fewer than 3 persons but in that case

it shall report to the Lieutenant-Governor in Council or minister, as

appropriate, outlining its efforts to comply with paragraph (1)(b).

Support of commission

(1) The

Public Service Commission shall support and advise the commission in the

execution of its duties and the conduct of its business.

(2) In addition to subsection (1), the Public

Service Commission shall do those other things that are requested by the

commission, where those things are required by the commission in the exercise

of its duties under this Act.

Duties of Public

Service Commission

12. The

Public Service Commission shall

(

a) advertise and otherwise effectively distribute

information respecting appointments and receive applications for appointments where

vacancies exist;

(

b) solicit and accept applications and

expressions of interest for appointments on an ongoing basis;

(

c) create and maintain a list of potential

appointees based on paragraphs (

a) and (b); and

(

d) further to a merit-based process, provide to

the commission a list of all potential appointees, including a list of recommendable

potential appointees.

PART III

GENERAL

Report required

(1) The

minister responsible for the administration of this Act shall report annually

to the Legislature those appointments exempted from the operation of this Act

under the authority of paragraph 9(2)(b).

(2) Where the House of Assembly is not in session

at the time a report is required to be presented under subsection (1),

section

19.1 of the House of Assembly Act applies

as if the report were a report of an officer of the House of Assembly.

Attempt to influence

(1) A

person shall not, directly or indirectly, try to influence improperly the

commission or an employee of or assistant to the commission with respect to the

recommendation of himself or herself or another person for an appointment under

this Act.

(2) A person who violates subsection (1) is guilty

of an offence and liable on

summary conviction to a fine not exceeding $500 and

in default of payment to imprisonment for a term not exceeding 30 days.

Schedule

(1) When

the House of Assembly is not in session, the Lieutenant-Governor in Council

may, by order, amend the

Schedule by adding to it but

not deleting from it , but the order shall not continue in force beyond

the end of the next sitting of the House of Assembly.

(2) An order made under subsection (1) is

subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

Review

(1) The minister responsible for the

administration of this Act shall, every 5 years, perform a review of this Act and

consider the areas in which it may be improved and report his or her findings

to the Lieutenant-Governor in Council.

(2) Within

3 days of the submission of the report under subsection (1) the minister shall

(

a) table

the report in the House of Assembly; or

(

b) where

the House of Assembly is not then sitting, table the report as if it were a

report of an officer of the House of Assembly under

section 19.1 of the House

of Assembly Act.

Protection from

liability

17. A

person is not liable for anything done or omitted to be done in good faith in

the exercise or performance of a power, duty or function conferred by or under

this Act.

Transitional

18. Nothing

in this Act affects an appointment made before the coming into force of this

Act.

RSNL1990 cP-43 Amdt.

(1) Section 3 of the Public Service Commission Act is amended by adding immediately

after subsection (1) the following:

(1.1) This Act applies to the appointments under the

statutory authority or to entities listed in

Schedule C in the manner referred

to in sections 20 to 27.

(2) Subsection 4(1) of the Act is amended by deleting

the phrase "This Act does not apply to" and substituting the phrase

"Except as provided in sections 20 to 27, this Act does not apply

to".

(3) The Act is amended by adding immediately after

section 18 the following:

Protection from

liability

18.1 A

person is not liable for anything done or omitted to be done in good faith in

the exercise or performance of a power, duty or function conferred by or under

this Act.

(4) The Act

is amended by adding immediately after

section 19 the following:

Application of

certain provisions

(1) This

section and sections 21 to 27 apply only to

(

a) the appointment of a person under the

authority of a statutory provision or to an entity listed in

Schedule C; and

(

b) to appointments listed in the

schedule to the

Independent Appointments Commission Act.

(2) In the case of a conflict between the other

provisions of this Act and this

section and sections 21 to 27, this

section and

sections 21 to 27 apply.

(3) In this

section and sections 21 to 27

(a) "appointment", except as otherwise

provided, means the appointment of a person under the authority of a statutory

provision or to an entity listed in

Schedule C;

(b) "merit-based process" means a process

established by the commission for the purpose of executing its duties under sections

21 to 27; and

paragraph 2(i), means the minister

(

i) responsible for the administration of the Act

under the authority of which an appointment may be made, or

(ii) to whom an entity is accountable further to

its establishment.

Appointments to

agencies, boards and commissions

(1) The

commission shall provide recommendations respecting appointments in accordance

with a merit-based process.

(2) Subsection (1) does not apply to

(

a) a renewal or extension of an appointment where

that appointment was made further to a merit-based process in accordance with sections

21 to 27; or

(

b) an appointment which, in the opinion of the

Lieutenant-Governor in Council or the minister, as appropriate, must be made

due to urgent or extenuating circumstances.

(3) Where an appointment is made further to urgent

or extenuating circumstances as referred to in paragraph (2)(b), the circumstances

of that appointment shall be included in the report required under

section 17.

Recommendations

to be considered

22. The

Lieutenant-Governor in Council or a minister, as appropriate, shall consider

the recommendations of the commission in making an appointment.

Effect of requirement

to consider recommendation

23. Notwithstanding

section 22, the requirement to consider a recommendation under that

section

shall in no way affect, alter or fetter the discretion of the

Lieutenant-Governor in Council or the minister to exercise an authority to

appoint a person under the applicable Act or another authority.

Schedule C

(1) The

Lieutenant-Governor in Council may, by order, amend

Schedule C.

(2) An order made under this

section is subordinate

legislation for the purpose of the

Statutes and Subordinate Legislation Act.

Additional powers

and duties of commission

25. In addition to the other powers and duties of the commission under

this Act, the commission may,

(

a) with respect to appointments,

(

i) advertise and otherwise effectively distribute

information respecting appointments and receive applications for appointments where

vacancies exist,

(ii) solicit and accept applications and

expressions of interest for appointments on an ongoing basis,

(iii) create and maintain a list of potential

appointees based on subparagraphs (

i) and (ii), and

(iv) further to a merit-based process, provide to

the Lieutenant-Governor in Council or the minister, as appropriate, recommendations

for appointments; and

(

b) with respect to appointments as defined in the

Independent Appointments Commission Act ,

(

i) support and advise the commission established

under the Independent Appointments

Commission Act in the manner contemplated by that Act,

(ii) advertise and otherwise effectively distribute

information respecting appointments and receive applications where vacancies

exist,

(iii) solicit and accept applications and

expressions of interest for appointments on an ongoing basis,

(iv) create and maintain a list of potential

appointees based on subparagraphs (ii) and (iii), and

(

v) further to a merit-based process, provide to

the commission established under the Independent

Commissions Act a list of all potential appointees, including a list of

recommendable potential appointees.

Current appointments

unaffected

26. Nothing

in sections 20 to 25 affects an appointment made before the coming into force

of this section.

Attempt to influence

commission

(1) A

person shall not, directly or indirectly, try to influence improperly the

commission, an employee of the commission or a chief executive officer with

respect to the appointment of himself or herself or another person

(

a) to an appointment; or

(

b) to an appointment as defined in the Independent Appointments Commission Act .

(2) A person who violates subsection (1) is guilty

of an offence and liable on

summary conviction to a fine not exceeding $500 and

in default of payment to imprisonment for a term not exceeding 30 days.

(5) The Act is amended by adding immediately after

Schedule B the following:

Schedule C

Entities

Agreement on Internal Trade Dispute

Screener

Agreement on Internal Trade Roster of

Panelists

Atlantic Lotto Corporation with respect

to provincial representatives

C.A. Pippy Park Golf Course Limited with

respect to ministerial appointments

Dental Monitoring Committee

Interprovincial Lottery Corporation

Board of Directors with respect to provincial nominees

Municipal Assessment Agency with respect

to taxpayer representatives

Newfoundland and

Labrador Film Development Corporation

Newfoundland and Labrador Historic

Commemorations Board

Newfoundland and Labrador Sports Centre

Inc. with respect to 6 members and a chairperson appointed by

Lieutenant-Governor in Council

Newfoundland and

Labrador Tourism Board with respect to a ministerial appointment of a chairperson

Premier's Youth Advisory Committee

Provincial Advisory Council on Aging and

Seniors

Provincial Advisory Council on Mental

Health and Addictions

Provincial Advisory Council on the

Inclusion of Persons with Disabilities

Provincial Cancer Control Advisory

Committee

Provincial Council of the Rural

Secretariat

Provincial Wellness Advisory Council