Section 37 - Appointment of Commissioner

Overview

This section makes provisions for the appointment, terms of appointment and tenure of the Information and Privacy Commissioner (the Commissioner).

Section Reference

Section 37 of the Freedom of Information and Protection of Privacy Act

  1. On the recommendation of the Legislative Assembly, the Lieutenant Governor must appoint as the Information and Privacy Commissioner a person who has been unanimously recommended by a special Committee of the Legislative Assembly for the appointment,
  2. The commissioner is an officer of the Legislature.
  3. Subject to section 38, the commissioner holds office for a term of 6 years.
  4. [Repealed 2005-25-1.]

Summary

This section describes the method of appointment, term of office and status of the Information and Privacy Commissioner (the Commissioner).

The Procedures section outlines the process of appointment that was followed in the appointment of the second Commissioner in 1999.

Policy

The Commissioner must be unanimously recommended by a Special Committee of the Legislative Assembly to hold a 6 year term.  As an officer of the Legislature, the Commissioner is independent of government and accountable only to the Legislature.

Procedure

Roles in the Selection of a Commissioner.

Minister Responsible for the Act:

The Minister responsible for the Freedom of Information and Protection of Privacy Act notifies the Clerk of the Legislature, of the impending conclusion of the term of office of the Information and Privacy Commissioner.

Clerk of the Legislature:

The Clerk of the Legislature informs the Legislative Assembly of the pending conclusion of the term of the Commissioner.  The Clerk may provide support in the search process if so desired by the Legislative Assembly.

Legislative Assembly:

The Legislative Assembly conducts a search for a replacement Commissioner and appoints a Commissioner with the unanimous support of the Assembly. The Assembly may choose to appoint a committee to undertake the search process on behalf of the entire Assembly. (This was the process used in 1999 to replace the first Commissioner). The Assembly may also choose to advertise the position on a regional or national basis and may establish specific criteria for the determination of a successful candidate. The incumbent Commissioner is eligible to apply for a further term of office.

Last updated: July 24, 2007