Section 37 - Appointment of Commissioner

Last updated on October 19, 2022

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

37 (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(4) [Repealed 2005-25-1.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). As an officer of the Legislature the Commissioner is independent of government and accountable only to the Legislature. The most recent Commissioner was appointed in 2018.

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 the 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 establishes a special Committee to conduct a search for a replacement Commissioner. The special Committee may choose to advertise the position on a regional or national basis and may establish specific criteria for the determination of a successful candidate. 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 the special Committee of the Legislative Assembly. The incumbent Commissioner is eligible to apply for a further term of office.

The information in this manual is not intended to be and should not take the place of legal advice.  

Last updated: October 2022

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