3.2. The Commission shall be composed of a board of directors consisting of 15 members including the chairman.
Except the chairman, the members of the board of directors shall be appointed in the following manner:
(1) one member after consultation with the employers’ association;
(2) four members after consultation with the contractors’ associations;
(3) five members after consultation with the representative associations; and
(4) four independent members, taking into account the expertise and experience profiles approved by the board of directors.
In this Act, “independent member” means a member who has no direct or indirect relation or interest, for example of a financial, commercial, professional or philanthropic nature, likely to interfere with the quality of the decisions made as regards the interests of the Commission.
A member is deemed not to be independent if that member
(1) is in the employ of the Commission or was in such employ in the three years before being appointed;
(2) is in the employ of the Government or a government agency within the meaning of section 4 of the Auditor General Act (chapter V-5.01);
(3) is or was, in the three years preceding appointment to office, a member, an employee, an officer or a representative of an association listed or described in any of subparagraphs a to c.2 of the first paragraph of section 1 or of an association of employees affiliated with a representative association; or
(4) has an immediate family member who is a senior officer of the Commission.
The Government may adopt a policy on the situations it intends to examine to determine whether a member qualifies as an independent member. It may specify in the policy the meaning it intends to give to the expression “immediate family member”.
An independent member must disclose in writing to the board of directors and to the Minister any situation likely to affect the member’s status.
1986, c. 89, s. 3; 1992, c. 44, s. 81; 1993, c. 51, s. 72; 1993, c. 61, s. 2; 1994, c. 12, s. 52; 1994, c. 16, s. 50; 1995, c. 8, s. 3; 2005, c. 28, s. 195; 2011, c. 30, s. 4; 2013, c. 16, s. 124.