Bill S-13

3rd Session, 37th Parliament,

52-53 Elizabeth II, 2004

senate of canada

BILL S-13

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:

Short Title

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

Purpose

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 positions listed in the schedule by providing a framework and process for selecting suitable individuals for the positions, including

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

(b) provincial participation in selecting nominees for the position of senator; and

(c) parliamentary review of the eligibility, qualifications and views of nominees for appointment to the other listed positions.

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 consists of the President and 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 additional members of the Queen’s Privy Council for Canada 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 its members 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 accordance with the criteria and procedures published under section 6, the Committee shall

(a) seek out and assess potential candidates for each position listed in the schedule;

(b) recommend to the Queen’s Privy Council for Canada candidates eligible for appointment to the position; and

(c) provide to the Council an assessment of the qualifications of the eligible candidates.

Senators

8. (1) A Minister of the Crown who proposes to recommend an individual to be summoned to the Senate shall

(a) prepare a list of five candidates from among those recommended by the Committee as eligible for the position in respect of the province to be represented by the individual, taking into account the Committee’s assessment of the qualifications of the candidates; and

(b) submit the list to the first minister of the province, inviting the first minister to select a nominee from the list within a time specified in the invitation.

(2) Subject to subsection (3), the Minister may only recommend to be summoned to the Senate the individual selected by the first minister of the province from the list of candidates referred to in subsection (1).

(3) The Minister may recommend any of the five candidates referred to in subsection (1) to be summoned to the Senate if the first minister of the province does not select one of those candidates within the time referred to in that subsection.

Other Positions

Selection and Notice

9. A Minister of the Crown who proposes to recommend an appointment to a position listed in Part 2 or 3 of the schedule shall

(a) select, as the nominee, one of the candidates recommended as eligible for the position by the Committee, taking into account the Committee’s assessment of the qualifications of the candidates; and

(b) cause public notice of the proposed appointment to be given

(i) in both Houses of Parliament, or

(ii) by publication in the Canada Gazette.

Parliamentary Review

10. (1) Where public notice of a proposed appointment is given under section 9, the Senate shall, in the case of a nominee to a position listed in Part 2 of the schedule, and may, in the case of a nominee to a position listed in Part 3 of the schedule, invite the nominee 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) If the Senate sits four times after public notice has been given under section 9 without hearing the nominee in Committee of the Whole, the appointment may be made without a public hearing.

(3) Subsection (2) does not apply if the Senate invites the nominee to attend one of its first four sittings after public notice has been given under section 9 and the nominee does not attend.

(4) After sitting three times following a hearing held pursuant to 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 Part 2 or 3 of 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, the appointment may be made without following the procedure provided for in that section.

(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, in the circumstances described in subsection 11(1), an appointment to a position listed in Part 2 or 3 of the schedule is made without following the procedure provided for in section 10, the Senate shall, in the case of a position listed in Part 2 of the schedule, and may, in the case of a position listed in Part 3 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.

Limitations

13. (1) No Minister of the Crown shall recommend an individual to be summoned to the Senate except in accordance with section 8.

(2) Subject to subsection 10(2) and section 11, no Minister of the Crown shall recommend an individual for appointment to a position listed in Part 2 or 3 of the schedule unless

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

(b) public notice has been given in accordance with section 9;

(c) the individual has attended a hearing provided for in section 10, if invited to do so by the Senate; and

(d) each House of Parliament has sat four times following the hearing, if any, held pursuant to section 10.