Bill S-4

2nd Session, 37th Parliament,

51 Elizabeth II, 2002

senate of canada

BILL S-4

An Act to provide for increased transparency and objectivity in the selection of suitable individuals to be named to certain high public positions

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act may be cited as the Federal Nominations Act.

2. The purpose of this Act is to promote public confidence in government and to enhance the legitimacy of public acts by the incumbents of certain high positions by providing a framework and process for selecting suitable individuals for the positions, including

(a) public criteria and procedures for identifying and assessing andidates; and

(b) parliamentary review of the eligibility, qualifications and views of nominees.

Nominations Committee of Council

3. (1) There is hereby established a committee of the Queen’s Privy Council for Canada called the Nominations Committee of Council, in this Act referred to as the “Committee”, over which a president appointed by Commission under the Great Seal shall preside.

(2) The Committee shall, in addition to the President of the Committee, consist of such other members of the Queen’s Privy Council for Canada as are nominated from time to time by the Governor in Council.

(3) The Governor in Council may nominate such additional members of the Queen’s Privy Council for Canada as the Governor in Council sees fit to be alternates to serve in the place of members of the Committee.

(4) Subject to this Act and any directions of the Governor in Council, the Committee may determine its own rules and procedures.

4. (1) The President of the Committee holds office during pleasure, shall preside over meetings of the Committee and shall, in the intervals between meetings of the Committee, exercise or perform such of the powers, duties or functions of the Committee as the Committee may, with the approval of the Governor in Council, determine.

(2) The Clerk of the Privy Council and Secretary to the Cabinet, or such other officer of the Privy Council Office as the Committee may, with the approval of the Governor in Council, determine, shall serve as Secretary to the Committee and perform such duties and functions as the Committee may assign.

5. The Committee shall assist the Queen’s Privy Council for Canada and individual Privy Councillors with respect to the selection of individuals to be appointed to positions listed in the schedule.

Public Selection Criteria and Process

6. The Committee shall develop criteria and procedures for the selection of individuals suitable for appointment to the positions listed in the schedule and publish the criteria and procedures for each position or class of positions in the Canada Gazette.

7. In compliance with the criteria and procedures published under section 6, the Committee shall seek out and assess candidates for each position listed in the schedule and make recommendations to the Queen’s Privy Council for Canada on the eligibility and qualifications of candidates and potential candidates.

8. A Minister of the Crown who intends to recommend an appointment to a position listed in the schedule must select from among candidates recommended as eligible by the Committee and take into account the Committee’s recommendations with respect to the qualifications of those candidates.

9. A Minister of the Crown who intends to recommend an appointment to a position listed in the schedule shall first publicly propose the appointment of the nominee by causing notice to be given, either

(a) in both Houses of Parliament, or

(b) by publication in the Canada Gazette.

Parliamentary Review

10. (1) Where a Minister of the Crown publicly proposes, pursuant to section 9, the appointment of an individual to a position listed in the schedule, the Senate shall, in the case of a nominee to a position listed in Part I of the schedule, and may, in the case of a nominee to a position listed in Part II of the schedule, invite that person to attend a public hearing in Committee of the Whole to discuss

(a) the nominee’s eligibility and qualifications for the position; and

(b) the nominee’s views on the responsibilities of the position.

(2) An invitation under subsection (1) must be to attend at one of the next three sittings of the Senate.

(3) Where the Senate sits three times after a Minister of the Crown has publicly proposed an appointment to a position listed in the schedule without hearing the nominee in Committee of the Whole, the appointment may be made without a parliamentary hearing.

(4) After sitting seven days following a hearing held under subsection (1), and if it sees fit to do so, either House of Parliament may adopt a resolution approving the proposed appointment, recommending against it, or otherwise concerning it.

11. (1) Where the President of the Queen’s Privy Council for Canada certifies with reasons and in writing that the need to make an appointment to a position listed in the schedule is so urgent that, in the opinion of the Council, the operation of section 10 would cause a delay that would be contrary to the public interest,

(a) the appointment may be made; and

(b) the procedure provided for in section 10 may be replaced by the procedure provided for in section 12.

(2) The President of the Queen’s Privy Council for Canada shall immediately cause a certificate given under subsection (1) to be published in the Canada Gazette.

(3) This section applies whether Parliament is in session or is prorogued or dissolved.

12. (1) Where the appointment of an individual to a position listed in the schedule has been made without following the procedure provided for in section 10, the Senate shall, in the case of a position listed in Part I of the schedule, and may, in the case of a position listed in Part II of the schedule, invite the incumbent to attend a public hearing in Committee of the Whole to discuss

(a) the incumbent’s eligibility and qualifications for the position; and

(b) the incumbent’s views on the responsibilities of the position.

(2) Following a hearing held under subsection (1), and if it sees fit to do so, either House of Parliament may adopt a resolution approving the appointment or otherwise concerning it.

Prohibition

13. Subject to subsection 10(3) and section 11, no Minister of the Crown shall recommend an individual for appointment to a position listed in the schedule unless

(a) the Committee has recommended the individual as a candidate eligible under section 7;

(b) the individual has attended a hearing provided for by section 10; and

(c) each House of Parliament has sat seven days following the hearing held pursuant to section 10.