This policy applies to all departments and agencies of the Government of Nunavut.

Transcription

1 EXECUTIVE & INTERGOVERNMENTAL AFFAIRS CABINET APPOINTMENTS POLICY POLICY STATEMENT The Government of Nunavut is committed to an appointment process that is easy to understand, fair, transparent, and is reflective of Inuit societal values. The Cabinet Appointments Policy sets out requirements for Cabinet approval of certain statutory and non-statutory appointments and designations of high interest. PRINCIPLES This policy is based on the following principles: Nunavummiut deserve accountable representation from public territorial boards, agencies, committees, councils, and tribunals, as well as by those appointed to positions of influence. The Government of Nunavut is committed to being an open, responsive, and accountable government. APPLICATION This policy applies to all departments and agencies of the Government of Nunavut. DEFINITIONS Board Means a board, committee, tribunal, council or commission. Cabinet Designated Appointment An appointment that requires Cabinet approval prior to an individual being appointed to a board or position. These appointments are listed in Appendix A of this policy, which is subject to amendments from time to time by Cabinet. Cabinet Designated Appointments are appointments to positions that: grant decision-making authority; or relate to vulnerable groups; or place members on boards, agencies, committees, land claims boards or intergovernmental committees; or has been deemed by Cabinet as requiring their collective approval. Commissioner The Commissioner of Nunavut appointed under section 5(1) of the Nunavut Act. Revised: November 23, 2017 Sunset Date: December 31, 2021 Page 1 of 4

2 Department Means a department or agency of the Government of Nunavut. Registrar Registrar of Regulations under the Statutory Instruments Act, who is the Director of the Legislation Division. Revocation of Appointment A revocation of an appointment is required where the appointment is terminated before the end of the appointment term or when a person retires or resigns from a position with an indefinite term. A revocation is also needed in those cases where the relevant Act states that the incumbent retains their appointment until they are replaced, even though their term has expired. In each case a revocation is required to allow the position to become vacant. Standard Appointment An appointment that does not require Cabinet approval prior to an individual being appointed to a board or position. ROLES AND RESPONSIBILITIES Cabinet Cabinet will review the designation of all appointments at the beginning of each new government and may review at other times as desired. Premier Premier will have sole prerogative to appoint all persons of deputy head rank, excluding the Clerk of the Legislative Assembly. Ministers Ministers are the legally responsible actors designated to make appointments under territorial legislation, unless otherwise stated. Deputy Heads Deputy Heads are accountable for the implementation of this policy. Executive and Intergovernmental Affairs Executive and Intergovernmental Affairs is responsible for administration of this policy. Department of Justice The Department of Justice will prepare appointments and publish appointments in the Nunavut Gazette. Revised: November 23, 2017 Sunset Date: December 31, 2021 Page 2 of 4

3 PROVISIONS 1. Timing of Appointments a) A statutory appointment or reappointment is required when the number of board members falls below the necessary minimum, established in the relevant legislation or terms of reference. Other appointments or reappointments are required as specified in the relevant instrument. b) A statutory appointment or reappointment may also be required when the number of appointees falls below a number necessary for effective implementation of a statutory requirement. c) A department may request to backdate a statutory appointment a maximum of 60 days, in accordance with subsection 20(2.1) of the Interpretation Act. 2. Procedure for Appointments a) Where an appointment, reappointment or revocation is necessary or desired, the relevant department will consult Appendix A to determine if it is a Cabinet Designated Appointment. If the appointment is not on Appendix A, then it is a Standard Appointment. b) When appropriate, a public call-for-nominations shall be issued. c) The Registrar will prepare appointment forms for signature for all statutory appointments. Some Cabinet Designated Appointments are not statutory appointments and therefore do not require appointment forms prepared by the Registrar. 3. Cabinet Designated Appointment a) All appointments and revocations listed as Cabinet Designated Appointments in Appendix A require approval from Executive Council. b) The department will prepare a Request for Decision for Cabinet consideration. The Request for Decision shall include the following: If the appointment is to a board, a short description of the board s function; If the appointment is to a board, the current composition of the board which includes each members residency, their appointment dates and term of the appointment; A short resume of the suggested appointee(s); A list of all applicants if there were public nominations; The appointment request forms submitted to Justice by the department; and The appointment forms (blue corner documents) prepared by Justice. c) In the case where several Cabinet Designated Appointments and/or revocations are requested at the same time and under the same statutory instrument (e.g. Justices of the Peace Act), one Request for Decision should be prepared and submitted. Revised: November 23, 2017 Sunset Date: December 31, 2021 Page 3 of 4

4 4. Standard Appointment a) Appointments and revocations not listed in Appendix A are Standard Appointments. They do not require Cabinet approval, but are prepared by Legislation Division of the Department of Justice. b) For these appointments, departments or agencies will follow the process in the appropriate legislation or regulation. The relevant Minister, the Commissioner or other legally designated agent will sign the appointment forms. The Registrar registers the appointment and publishes it in the Nunavut Gazette. 5. New Appointments a) Newly established appointments are typically deemed to be Standard Appointments. b) When a new high interest appointment (statutory or non-statutory) is established, the relevant department or agency should consult with the Secretary to Cabinet. The Secretary to Cabinet will bring the matter to the Premier and it will be considered by Cabinet if deemed appropriate. c) If Cabinet decides that a particular appointment is to be a Cabinet Designated Appointment, the list of appointments requiring Cabinet approval will be updated accordingly. 6. Reporting a) All statutory appointments will be published in the Nunavut Gazette. b) The Nunavut Gazette is prepared and published by the Department of Justice, Legislation Division. PREROGATIVE OF EXECUTIVE COUNCIL Nothing in this directive shall in any way be construed to limit the prerogative of Executive Council to make decisions or take action respecting the appointments process of the Government of Nunavut, outside the provisions of this policy. SUNSET This Policy will be effective from the date of approval until December 31, Revised: November 23, 2017 Sunset Date: December 31, 2021 Page 4 of 4

5 Appendix A:- Cabinet Appointment Policy - List of appointments requiring Cabinet approval (sorted by act / instrument) Responsible Agency Position Title Act Section(s Appointed by Family Services Chairperson Apprenticeship, Trade & Occupations Certificate Board Apprenticeship, Trade and Occupations Certification Act 5Minister Family Services Members Apprenticeship, Trade & Occupations Certificate Board Apprenticeship, Trade and Occupations Certification Act 5Minister CGS Municipal Supervisor Cities, Towns and Villages Act 191Minister CGS Municipal Administrator Cities, Towns and Villages Act 192Minister EDT Supervisor of Credit Unions Credit Union Act 3Commissioner EDT Administrator Credit Union Act 34Supervisor EDT Board of Directors, Mutual Aid Depository Credit Union Act 66Commissioner SPS Deputy Minister of Justice Department of Justice Act 3Commissioner in Executive Council EDU Interim Trustee Education Act 113Minister Finance Comptroller General Financial Administration Act 12Minister Culture & Heritage Chair and Members, Historical Resources Advisory Board Historical Resources Act 3Commissioner Justice Member, Tribunal Human Rights Act 16Commissioner in Executive Council Justice Chair (Vice Chair), Tribunal Human Rights Act 17Commissioner in Executive Council Culture & Heritage Inuit Uqausinginnik Taiguusiliuqtiit, member Inuit Language Protection Act 20Commissioner in Executive Council Culture & Heritage Inuit Uqausinginnik Taiguusiliuqtiit, chairperson vice-chairperson Inuit Language Protection Act 21Minister Justice Clerk of the Nunavut Court of Justice Judicature Act 61Commissioner Justice Justice of the Peace Justices of the Peace Act 2Commissioner in Executive Council Justice Senior Justice of the Peace Justices of the Peace Act 3.1Commissioner in Executive Council Justice Justices of the Peace Review Council Justices of the Peace Act 4Commissioner in Executive Council Justice Justices of the Peace Pay and Remuneration Committee Justices of the Peace Act 2.1Commissioner in Executive Council Justice Chairperson, Labour Standards Board Labour Standards Act 44Commissioner Justice Member, Labour Standards Board Labour Standards Act 44Commissioner Justice Lay Member, Executive of the Law Society of Nunavut Legal Profession Act 3(1)(Commissioner Justice Member, Legal Services Board of Nunavut Legal Services Act 3Minister Justice Chairperson, Liquor Licensing Board Liquor Act 3Minister designates Justice Member, Liquor Licensing Board Liquor Act 3Minister CGS Chief Municipal Electoral Officer Local Authorities Elections Act 5.1Commissioner in Executive Council Health President and members, Board of Inquiry Medical Profession Act 21Minister Health Midwifery Registration Committee Midwifery Profession Act 7Minister EDT NNI Tribunal Nunavummi Nangminiqaqtunik Ikajjuuti Implementation 2(2)(a)Minister EDT Chairperson - NNI Tribunal Nunavummi Nangminiqaqtunik Ikajjuuti Implementation 2(2)(b)Minister EDT Vice Chairperson NNI Tribunal Nunavummi Nangminiqaqtunik Ikajjuuti Implementation 2(2)(b) Minister

6 Appendix A:- Cabinet Appointment Policy - List of appointments requiring Cabinet approval (sorted by act / instrument) Responsible Agency Position Title Act Section(s) Appointed by NAC Member, Board of Governors Nunavut Arctic College Act 9 Minister SPS President Nunavut Arctic College Act 19 Minister EDT Manager (Chief Executive Officer) Nunavut Business Credit Corporation Act 12(1) Minister EDT Chairperson Nunavut Development Corporation Act 4 Commissioner in Executive Council EDT Director Nunavut Development Corporation Act 4 Commissioner in Executive Council SPS President Nunavut Development Corporation Act 7 Commissioner in Executive Council NHC Chair Nunavut Housing Corporation Act 2.1 Commissioner in Executive Council NHC Director Nunavut Housing Corporation Act 2.1 Commissioner in Executive Council NHC Vice-Chair Nunavut Housing Corporation Act 2.1 Commissioner in Executive Council SPS President Nunavut Housing Corporation Act 6(1) Minister CGS Member, Territorial Board of Revision Property Assessment and Taxation Act 33 Minister CGS Chairperson, Assessment Appeal Tribunal Property Assessment and Taxation Act 48 Minister CGS Member, Assessment Appeal Tribunal Property Assessment and Taxation Act 48 Minister Health Chief Medical Health Officer Public Health Act 2 Commissioner SPS Deputy Ministers, various Public Service Act 16.1 Commissioner in Executive Council Finance Ethics Officer Public Service Act 76 Commissioner in Executive Council Family Services Member, Status of Women Council Qulliit Nunavut Status of Women Council Act 5 Minister QEC Directors Qulliq Energy Corporation Act 9 Minister SPS President Qulliq Energy Corporation Act 12 Minister QEC CEO Qulliq Energy Corporation Act 12.1 Minister QEC Chair and Vice Chair Qulliq Energy Corporation Act 8(2) Minister Family Services Member, Social Assistance Appeal Board Social Assistance Act 7 Minister EIA Chairperson/Vice Chairperson Utility Rates Review Council Act 4 Minister EIA Member, Utility Rate Review Council Utility Rates Review Council Act 3(2) Minister EIA Temporary Member Utility Rates Review Council Act 3(3) Minister Justice Member, Victims Assistance Committee Victims of Crime Act 2 Minister Environment Elders Advisory Committee Wildlife Act 160 Minister WSCC Member, Appeals Tribunal Workers' Compensation Act 118 Minister WSCC Member, Review Panel Workers' Compensation Act 171 Minister WSCC Workers Advisor Workers' Compensation Act 107(3) Minister WSCC Board Members Workers' Compensation Act 3(2) Minister

7 Appendix A:- Cabinet Appointment Policy - List of appointments requiring Cabinet approval (sorted by Act / Instrument) Responsible Agency Position Instrument Section(s) Appointed by Justice Chairperson, Nunavut Criminal Code Review Board Criminal Code (Canada) Commissioner Justice Member, Nunavut Criminal Code Review Board Criminal Code (Canada) Commissioner Environment Member, Wildlife Board Eeyou Marine Region Land Claims Agreement Chapter 13 Minister responsible for Wildlife Environment Member, Impact Review Board Eeyou Marine Region Land Claims Agreement Chapter 18 Minister responsible for Renewable Resources Environment Member, Planning Commission Eeyou Marine Region Land Claims Agreement Chapter 8 Minister responsible for Renewable Resources Culture & Heritage Member, Inuit Qaujimajatuqangit Katimajiit Inuit Qaujimajatuqangit Katimajiit Terms of Reference Environment Member, Joint Nunavik Inuit/Government Management Advisory Committee for each protected area Nunavik Land Claims Agreement Article 11 Minister of Environment EIA Representative, Implementation Committee Nunavik Land Claims Agreement Article 23 Minister - Government of Nunavut EIA Individual, Ratification Committee Nunavik Land Claims Agreement Article 25 Premier Environment Member, Nunavik Marine Region Wildlife Board Nunavik Land Claims Agreement Article 5 Minister of Environment Environment Member, Nunavik Marine Region Planning Commission Nunavik Land Claims Agreement Article 6 Minister responsible for Renewable Resources Environment Member, Nunavik Marine Region Impact Review Board Nunavik Land Claims Agreement Article 7 Minister responsible for Renewable Resources Environment Member, Nunavut Planning Commission Nunavut Land Claims Agreement Article 11 Minister responsible for Renewable Resources Environment Member, Nunavut Impact Review Board Nunavut Land Claims Agreement Article 12 Minister responsible for Renewable Resources Environment Member, Nunavut Water Board Nunavut Land Claims Agreement Article 13 Minister of Environment Environment Member, Nunavut Surface Rights Tribunal Nunavut Land Claims Agreement Article 21.8 All Parties (GoC, GN, NTI consensus) Environment Member, Nunavut Wildlife Management Board Nunavut Land Claims Agreement Article 28 Minister of Environment EIA Member, Nunavut Implementation Panel Nunavut Land Claims Agreement Article 37 Minister of EIA

8 Appendix B:- Standard Statutory Appointments that do not require Cabinet Approval (sorted by act) Not included in the policy (page 1 of 5) Position Title Act Section (s) Appointed / Recommendation by Custom Adoption Commissioner Aboriginal Custom Adoption Recognition Act 6 Minister Registrar of the Adoption Registry Adoption Act 51 Minister Director of Adoptions Adoption Act 69 Minister Adoption Worker Adoption Act 70(1) Director Supervisor Apprenticeship, Trade and Occupations Certification Act 3 Minister Territorial Archivist Archives Act 3 Minister Members of Public Records Committee Archives Act 6(1) Minister Deputy Registrar of Corporations Business Corporations Act 266 Minister Registrar of Corporations Business Corporations Act 266 Minister Deputy Director of Child and Family Services Child and Family Services Act 51 Minister Director, Child and Family Services Child and Family Services Act 51 Minister Child Protection Worker Child and Family Services Act 54(2) & 54(3) Director Director, Child Day Care Services Child Day Care Act 3 Minister Municipal Inspector Cities, Towns and Villages Act 188 Minister Members, Municipal advisory committee Cities, Towns and Villages Act 198 Minister Deputy Director of Consumer Services Consumer Protection Act 105 Minister Director of Consumer Services Consumer Protection Act 105 Minister Deputy Registrar of Co-operative Associations Co-operative Associations Act 2 Minister Registrar of Co-operative Associations Co-operative Associations Act 2 Minister Supervisor, Co-operative Associations Co-operative Associations Act 2 Minister Coroner Coroners Act 3 Minister Chief Coroner Coroners Act 4 Minister Deputy Chief Coroner Coroners Act 4 Minister Director Corrections Act 4 Minister Probation Officer Corrections Act 6 Director Warden Corrections Act 13 Director of Corrections Deputy Registrar of Credit Unions Credit Union Act 3 Minister Registrar of Credit Unions Credit Union Act 3 Minister Member, Board of Inquiry Dental Profession Act 49(1) Minister Member, Registration Committee Dental Profession Act 77(2) Minister Registrar of Health Professions Dental Profession Act 77(2) Minister Registrar of Disease Registries Disease Registries Act 22 Minister Registrar Document Registry Act 3 Minister

9 Appendix B:- Standard Statutory Appointments that do not require Cabinet Approval (sorted by act) Not included in the policy (page 2 of 5) Position Title Act Section (s) Appointed / Recommendation by Officer Dog Act 2 Commissioner Registrar Education Act 49 Minister Emergency Measures Officer Emergency Measures Act 2 Minister Chief Environmental Protection Officer Environmental Protection Act 3 Minister Deputy Chief Environmental Protection Officer Environmental Protection Act 3 Minister Inspector Environmental Protection Act 3 Minister Inspector and Deputy Inspectors Explosives Use Act 11 Fine Option Supervisor Fine Option Act 3 Minister Assistant Fire Marshal Fire Prevention Act 2 Minister Deputy Fire Marshal Fire Prevention Act 2 Minister Fire Marshal Fire Prevention Act 2 Minister Local Assistant to the Fire Marshal Fire Prevention Act 5 Minister Deputy Public Guardian Guardianship and Trusteeship Act 23 Minister Public Guardian Guardianship and Trusteeship Act 23 Minister Secretary to Board Historical Resources Act 5 Rebate Officer Home Owners Property Tax Rebate Act 13 Designated Authority Interjurisdictional Support Orders Act 35 Deputy Sheriff for Nunavut Judicature Act 67 Commissioner Sheriff for Nunavut Judicature Act 67 Commissioner Deputy Clerk, Nunavut Court of Justice Judicature Act 78 Commissioner Deputy Clerk, Nunavut Court of Appeal Judicature Act 79 Commissioner Deputy Registrar of the Nunavut Court of Appeal Judicature Act 79 Commissioner Registrar of the Court of Appeal Judicature Act 79 Commissioner Deputy Labour Standards Officer Labour Standards Act 40 Commissioner Labour Standards Officer Labour Standards Act 40 Commissioner Labour Standards Inspector Labour Standards Act 41 Commissioner Inspector of Land Titles Land Titles Act 6 Minister Registrar of Land Titles Land Titles Act 8 Minister Deputy Registrar of Land Titles Land Titles Act 12 Minister Member, Executive of the Law Society of Nunavut Legal Profession Act 3 Commissioner Nunavut Law Foundation Board of Directors, Public Member Legal Profession Act 52 (1) (a) Minister

10 Appendix B:- Standard Statutory Appointments that do not require Cabinet Approval (sorted by act) Not included in the policy (page 3 of 5) Position Title Act Section (s) Appointed / Recommendation by Nunavut Law Foundation Board of Directors, Executive of Nunavut Law Legal Profession Act 52 (1) (b) Member Foundation Returning Officer (for Plebiscites) Liquor Act 42 Minister Inspector Liquor Act 53 Minister Special occasion permit issuer Liquor Act 15(4) Minister Sales Agent Liquor Act 63(1) Maintenance Enforcement Administrator Maintenance Orders Enforcement Act 3 Minister Marriage Commissioner Marriage Act 5 Minister Issuer of Marriage Licenses Marriage Act 27 Minister Director of Medical Insurance Medical Care Act 23 Minister Member, Nunavut Medical Registration Committee Medical Profession Act 5(2) Minister Appointee Mental Health Act 16, 17, 19 Minister/Commissioner Director Mental Health Regulations (Mental Health Act) 2 Minister Chief Inspector Mine Health and Safety Act 34 Workers' Compensation Board Inspector Mine Health and Safety Act 35 Chief Inspector Member, Mine Occupational Health and Safety Legislation Committee Mine Health and Safety Act 48 Minister Registrar of Motor Vehicles Motor Vehicles Act 315 Minister Deputy Registrar of Motor Vehicles Motor Vehicles Act 317 Minister Motor Vehicles Officer Motor Vehicles Act 318 Minister Driver Examiner Motor Vehicles Act 319 Minister Chair & Board of Trustees, Natural Resources Conservation Trust Fund Natural Resources Conservation Trust 3 Minister Lending Officers or Employees Nunavut Business Credit Corporation Act 14 Board Member Housing Authority Nunavut Housing Corporation Act 45 Minister Registrar Ophthalmic Medical Assistants Act 2 Minister Officer Payroll Tax Act, Minister Deputy Registrar Personal Property Security Act 42 Registrar Personal Property Security Act 42 a person to do anything that may be done by a person authorized by the Minister under section 8. Petroleum Products Tax Act Director Planning Act 49 Minister 8 Minister authorizes

11 Appendix B:- Standard Statutory Appointments that do not require Cabinet Approval (sorted by act) Not included in the policy (Page 4 of 5) Position Title Act Section (s) Director, Principal Certification Program Principal Certification Regulations (Education Act) 4 Minister Appointed / Recommendation by Person who may authorize the absence of a prisoner from a prison Prisons and Reformatories Act (Canada) 7.2 Commissioner Director of Assessment Property Assessment and Taxation Act 109 Minister Collector of Taxes Property Assessment and Taxation Act 110 Minister Assessor Property Assessment and Taxation Act 111 Minister Secretary, Board of Revision Property Assessment and Taxation Act 37(1)(2) Minister Registrar Psychologists Act 2 Minister Deputy Chief Medical Health Officer Public Health Act 2 Commissioner Health Officer Public Health Act 3 Commissioner Territorial Printer Public Printing Act 3 Minister Editor & Deputy Editor Public Printing Act 5 Minister Public Trustee Public Trustee Act 2 Commissioner Deputy Superintendent of Real Estate Real Estate Agents' Licensing Act 70 Minister Superintendent of Real Estate Real Estate Agents' Licensing Act 70 Minister Rental Officer Residential Tenancies Act 72 Minister Chief Industrial Safety Officer Safety Act 18 Workers' Compensation Board Safety Officer Safety Act 19 Workers' Compensation Board Members, Safety Advisory Committee Safety Act 26 Commissioner Science Advisor Scientists Act Administration Regulations (Scientists Act) 2 Commissioner Science Administration Officer Scientists Act Administration Regulations (Scientists Act) 3 Commissioner Deputy Registrar of Securities Securities Act 3 Commissioner Registrar of Securities Securities Act 3 Commissioner Director, Senior Citizens Benefits Senior Citizens Benefits Act 2 Minister Deputy Director of Social Assistance Social Assistance Act 2 Minister Director Social Assistance Act 2 Minister Social Welfare Officer Social Assistance Act 4 Director Member, Social Assistance Appeal Committees Social Assistance Act 6 Commissioner Deputy Registrar of Societies Societies Act 29 Commissioner Registrar of Societies Societies Act 29 Commissioner Statute Revision Commissioner Statute Revision Act 2 Minister

12 Appendix B:- Standard Statutory Appointments that do not require Cabinet Approval (sorted by act) Not included in the policy (Page 5 of 5) Position Title Act Section (s) Appointed / Recommendation by Deputy Registrar of Regulations Statutory Instruments Act 18 Commissioner Registrar of Regulations Statutory Instruments Act 18 Commissioner Secretary Student Financial Assistance Act 5.1 Minister Chief Inspector Technical Standards and Safety Act 5(1) Minister Inspector Technical Standards and Safety Act 5(1) Minister Superintendent of Parks Territorial Parks Act 7 Minister Park Officer Territorial Parks Act 7(3) Minister Inspector Tobacco Control Act 16 Minister Officer Tobacco Tax Act 21.2 Minister Director Transportation of Dangerous Goods Act, Minister Tourism Officer Travel and Tourism Act 6 Minister Deputy Registrar General of Vital Statistics Vital Statistics Act 48 Commissioner Inspector of Vital Statistics Vital Statistics Act 48 Commissioner Registrar General of Vital Statistics Vital Statistics Act 48 Commissioner Nunavut Species at Risk Committee Wildlife Act 159 Minister Superintendent of Wildlife Wildlife Act 162 Minister Conservation Officer Wildlife Act 163 Superintendent of Wildlife Conservation Officer Wildlife Act 163 Superintendent of Wildlife Wildlife Guardian Wildlife Act 165 Superintendent of Wildlife Deputy Workers Advisor Workers' Compensation Act 7.91 Territorial Director Young Offenders Act 89 Minister Member, Community Youth Justice Committee Young Offenders Act 91 Minister Youth Worker Young Offenders Act 90 & 93 Minister Chairperson Legal Services Board Legal Services Act 4(1) Board