Enhancing Transparency and Accountability in Appointments to Government ABCs

1
Enhancing Transparency and Accountability in
Appointments to ABCs

Presentation to Commissioners February 19, 2004
2
Reminder of Issues around ABCs

• Classification of ABCs
• Legal authority for appointments
• Government (OIC/ministerial) vs. Legislature
  appointments
• Public application process
• Qualifications of appointees
• Representative issues (i.e. gender, linguistic,
  region)
• Accountability issues
• Time-lines of appointments/sunset dates

3
NB Context ABC Review 1999-2000

• NVNB commitment to conduct ABC review of all
  government agencies, boards, and commissions to
  determine their ongoing relevance and
  contribution to public policy and the needs of
  taxpayers.
• Waste Reduction Task Force of Cabinet established
  - recommended that 29 ABCs be eliminated (no
  longer served a useful public purpose), 10 be
  amalgamated with others, 6 have reduced
  membership.

4
ABC Review 1999-2000 (contd)

• When ABC Review Report released (May 2001),
  Deputy Premier said appointments to many ABCs
  classified as regulatory and operational would go
  before Select Committee to Review Appointments.
• Cabinet would retain discretion to make direct
  appointments to advisory groups that assist
  government in development of policy, delivery of
  programs.
• Cabinet would retain discretion over appointments
  to professional associations, university boards,
  interprovincial bodies, and other similar
  organizations.

5
Current Appointment Process in NB

• Government makes appointments to 154 ABCs
  (including Crown corporation boards)
• Classification
• Currently, ABCs are not formally classified by
  type or category.
• Authority to appoint
• Most appointments are processed through an OIC on
  recommendation of Minister responsible for the
  ABC, as set out in ABCs enabling legislation.
• Some appointments made directly (no OIC) by
  minister responsible (for example, appointments
  by Minister of Health and Wellness to Regional
  Health Authorities).

6

• Involvement of Legislative Assembly
• All-party Select Committee to Review Appointments
  by the L-G in C created in 1999.
• Chaired by a govt member Vice-Chair was the NDP
  member.
• Mandate review appointments to key ABCs(WHSCC,
  PUB, NB Power Corp.) and highly recommend,
  recommend, or not recommend. No authority to
  propose alternate names.
• Nominees not required to appear. Committee met 6
  times in 1999 and 4 times in 2000.
• In July 2000 the three Opposition members
  resigned due to disagreement over process.
• Committee met once in 2001, didnt meet in 2002
  or 2003.

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ABC Process in NB

• Vacancies on ABCs are not formally advertised,
  and appointees are not actively recruited, with
  some exceptions (i.e. ACSW seeks expressions of
  interest if legislation requires L-G in C to
  appoint reps. of interest groups or sectors,
  responsible department might seek input).
• No officially published/posted list of ABCs.
• Rates of remuneration not formally published or
  posted.
• L-G in C appointments are published in the Royal
  Gazette(as required by the legislation).

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• Terms of appointments
• Most appointments are for fixed terms as
  specified in the enabling Act.
• Some are at pleasure (ie. PUB).
• Accountability Issues
• No current central accountability/governance
  policy or framework for appointees to ABCs.
• NB Conflict of Interest Act applies to Crown
  Corp. heads and to members of Crown Corp. boards,
  in part.
• Some enabling Acts contain their own conflict of
  interest guidelines.

9
Provincial Court Judicial Appointments (not an
ABC)

• Provincial Court Act gives Cabinet authority to
  appoint provincial court judges.
• Before names go to Cabinet the judiciary, the bar
  (Law Society of NB) and Minister of Justice are
  involved in the nomination process .

10
Survey of ABC appointment processes in other
jurisdictions
11
Overview

• Appointment practices vary in all Provinces.
• Most appointments are made by Cabinet (OIC) on
  recommendation of Minister.
• Key role for governmental or legislative bodies
  in some jurisdictions. Exs Federal, BC,
  Alberta, Ontario, NS, Nfld. Lab.
• Some classify ABCs for appointment purposes. Exs.
  Alberta (significant agencies), NS (adjudicative
  boards). Ontario classifies ABCs, but only for
  admin/financial purposes NWT for remuneration
  purposes.

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Overview (contd)

• Terms of appointments are usually as set out in
  legislation (vary) general trends toward 3 year
  terms. BC uses fixed terms of 3-5 years (Chair)
  or 2-4 years (member) for Admin. Tribunals.
• No jurisdictions have sunset clauses tying
  appointment length to life of government which
  appointed member.
• Some jurisdictions publicize vacancies (Feds, BC,
  NS, Alta) and remuneration (NS).
• Some have guidelines/accountability frameworks
  for appointees (BC, Feds, Nfld. Lab).

13
BC

• Board Resourcing and Development Office (BRDO)
• A division of Office of Premier established in
  June 2001. Responsible for
• establishing guidelines for all provincial
  appointments to agencies (term agency refers to
  all ABCs).
• making sure appointments are based on merit and
  done in open, transparent, consistent process.
• ensuring appointees receive appropriate
  orientation/professional development.

14
BC (Contd)

• Appointment Process
• BRDO sets policy on appointments and works with
  Ministries and agencies to develop skills and
  experience profiles for vacancies seeks out
  potential candidates recommends preferred
  candidates and monitors all appointments to
  agencies.
• Minister responsible for the agency formally
  appoints or recommends appointment by Cabinet.
• The agency itself works with Ministry officials
  or the BC Crown Corp Agencies Secretariat to
  prepare skills and experience profile, recommend
  candidates and assist in selection process.

15
BC (contd)

• Public can apply to be considered for appointment
  to ABC by sending cover letter/resume to BRDO by
  e-mail or by regular mail. Info kept on file for
  3 years
• If short-listed, individual is contacted by BRDO
  and then undergoes due diligence process.
• Then BRDO recommends qualified candidates.
• Are specific policies for appointments to Crown
  Corps, Public Agencies, Tribunals and
  Administrative Agencies - each have own candidate
  profile and declaration that must be completed by
  candidate.

16
BC (contd)

• Publicity of Process
• All ABCs listed on-line details include time
  involved, current members. Remuneration not set
  out (is available in the enabling legislation).
• Vacancies are advertised.
• Appointments are posted.
• Accountability
• Appointees must follow Guidelines for Conduct of
  Public Appointees

17
Alberta

• Appointment Process
• Review Panels are established by Minister
  responsible for appointments to significant
  ABCs those that make financial, regulatory,
  business or policy recommendations and decisions
  that have far-reaching implications for
  Albertans.
• Review Panel can include members of public,
  technical experts, key stakeholders.
• Panel establishes criteria for appointments,
  reviews candidates, and prepares short-list which
  goes to Minister and/or Cabinet.
• Appointment usually made by OIC.

18
Alberta (contd)

• Publicity of Process
• Vacancies may be advertised and stakeholders may
  be contacted to recruit potential appointees (at
  Ministers discretion.

19
Ontario

• Classification of ABCs
• Categorized by function for financial/
  administrative purposes (determines how they are
  funded, how they must operate.)
• Main types advisory, operational and regulatory.
• Categories not used to determine how appointments
  are made.

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Ontario (contd)

• Appointment Process
• Appointments are at the prerogative of Minister
  responsible or Premier, formalized by ministerial
  letter or by L-G in C.
• Member of the public can apply to have name and
  résumé kept in database held by Public
  Appointments Secretariat. Kept on file for 3
  years.
• Appointees are selected using database or by
  Public Appointments Secretariat contacting
  ministry for recommendations, by seeking public
  input and sometimes by recruiting through paid
  advertising.

21
Ontario (contd)

• Publicity of Process
• Information on all ABCs available on-line.
• Includes details for each ABC on who has
  prerogative to appoint (Minister, Premier),
  function of the ABC, term of appointment,
  frequency of meetings, rates of remuneration (on
  per diem basis).

22
Ontario (Contd)

• Involvement of Legislative Assembly
• Standing Committee on Government Agencies reviews
  operations of ABCs to which L-G in C makes
  appointments and Crown corps.
• All members on Committee (government and
  opposition) have opportunity to choose nominee
  for Committee to review (nominees appear before
  Committee to answer questions),
• Committee reports back to Leg. if it agrees with
  appointment or not.

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• Nova Scotia
• Classification of ABCs
• Special category of adjudicative boards with own
  appointments process introduced in 2003 (arose
  out of Human Rights complaint settlement).
• Appointment Process
• All upcoming vacancies listed every 6 months and
  advertised in newspapers
• Applications go to Executive Council Office, then
  to relevant department.
• All applications (and reappointments to ABCs) go
  through departmental screening panels appointed
  by minister - made up of community volunteers
  with technical expertise and reps from
  stakeholder groups.

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NS (contd)

• If screening panel approves candidates,
  applications go to Minister who then selects
  nominee from pool of applications. Name of
  selected nominee then goes to Cabinet.
• Cabinet approvals/non-approvals then go to
  Standing Committee on Human Resources for review
  (nominees do not appear).
• If Committee approves, back to Executive Council
  Office (ECO) if required, OIC is prepared.
• If not approved, Clerk of Executive Council
  returns application package to relevant
  department with letter explaining the rejection.

25
NS (contd)

• Adjudicative Boards
• Descriptions of qualifications for appointments
  to all adjudicative board positions are posted on
  web.
• 8 advisory committees, 5 members each, screen
  potential members.
• Chaired by HR professionals appointed by Public
  Service Commissioner.
• Each committee includes 2 government employees
  and 2 members of public, selected through
  competition.
• As vacancies arise, each committee provides 3 to
  6 qualified board applicants to minister to
  select from.

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Ongoing ABC Initiatives

• Ontario 2003 Liberal platform commitment to
  publicly disclose annual payments, not just per
  diem rates, to all individuals on ABCs.
• Federal government Democratic Reform Action
  Plan says that by March 26, 2004 Committees will
  recommend which appointments within their
  mandates should be subject to prior Parliamentary
  review.
• House Leader will ask Committee on Procedure and
  House Affairs to consult MPs, Senate on enhancing
  role of Parliamentarians in review of
  appointments.