A-2.1, r. 5 - Regulation respecting the procedure for selecting persons qualified for appointment as members of the Commission d’accès à l’information

Updated to 1 October 2024

This document has official status.

chapter A-2.1, r. 5

Regulation respecting the procedure for selecting persons qualified for appointment as members of the Commission d’accès à l’information

Act respecting Access to documents held by public bodies and the Protection of personal information

(chapter A-2.1, s. 104.1).

CHAPTER I RECRUITMENT NOTICE

1. When a list of persons qualified for appointment as members of the Commission d’accès à l’information is to be prepared, the Office of the National Assembly publishes a recruitment notice in one publication disseminated throughout Québec, inviting interested persons to submit their candidacy for the position of member of the Commission.

Decision 1384, s. 1; Decision 2283-2, s. 1.

2. The recruitment notice must

(1)  contain a brief description of the position;

(2)  state the place where a person appointed is to be principally assigned and the division to which he or she is to be assigned for the duration of the term;

(3)  set out the eligibility requirements and the selection criteria prescribed by the Act and this Regulation and, where applicable, the professional qualifications and particular experience sought, given the Commission’s needs;

(4)  describe how personal information is to be protected in the context of the selection procedure, and mention that the selection committee may consult with third parties; and

(5)  state the deadline for submitting a candidacy and the address where documents must be sent.

Decision 1384, s. 2.

CHAPTER II CANDIDATES

3. Candidates must send in a résumé containing the following information:

(1)  their name, home address and telephone number and, where applicable, their office address and telephone number;

(2)  their date of birth;

(3)  the college and university diplomas they hold;

(4)  if they are a member of a professional order, the year of admission to the order, proof of membership and the number of years of practice, along with the main sectors of activity in which they have worked;

(5)  a description of the activities through which they have acquired at least 10 years’ experience relevant to the position of member of the Commission;

(6)  any conviction for an indictable or criminal offence and any disciplinary decision made in their regard, together with a description of the offence or breach concerned and the penalty or disciplinary measure imposed;

(7)  any conviction for a penal offence, together with a description of the offence concerned and the penalty imposed, if there is reasonable cause to believe that such an offence is likely to call into question their integrity or impartiality or that of the Commission, affect their ability to perform their duties or undermine public trust in them;

(8)  the names of their employers or partners over the last 10 years; and

(9)  a summary of the reasons for their interest in the position of member of the Commission.

Candidates must also provide a written statement agreeing to inquiries being made of an educational institution they attended, a professional order to which they belong or belonged, their employers in the last 10 years, a disciplinary body, police authorities or any other party.

Decision 1384, s. 3.

CHAPTER III ESTABLISHMENT OF SELECTION COMMITTEE

4. Following the publication of the recruitment notice, the President of the National Assembly establishes a selection committee consisting of the following members:

(1)  a chair, namely the chair of the Commission or, after consulting the chair of the Commission, another member of the Commission;

(2)  a Vice-President of the National Assembly;

(3)  after consulting the Secretary General of the National Assembly, 2 persons with pertinent experience in the field of access to documents held by public bodies or the protection of personal information.

However, when the position to be filled is that of chair of the Commission and the recruitment notice invites interested persons to submit their candidacy for that position, the President of the National Assembly, after consulting the Secretary General of the National Assembly, appoints a third person with pertinent experience in the field of access to documents held by public bodies or the protection of personal information, as a replacement for the chair of the Commission or another of its members. That person chairs the committee.

Decision 1384, s. 4; Decision 1693-2, s. 1; Decision 2327-2, s. 1.

5. A committee member whose impartiality could be questioned must withdraw with respect to a candidate, including in the following situations:

(1)  the member is or was the candidate’s spouse;

(2)  the member is related to the candidate by birth, marriage or civil union, up to the degree of first cousin; or

(3)  the member is a partner, employer or employee of the candidate or was such a partner, employer or employee in the last 10 years; however, a member who is in the public service must withdraw with respect to a candidate only if the member is or was under the direct supervision of the candidate or is or was the candidate’s immediate superior.

If a committee member has withdrawn or is absent or unable to act, the decision is made by the other members.

Decision 1384, s. 5.

6. Committee members must take an oath of discretion before the Secretary General of the National Assembly, solemnly declaring that they will not disclose, without due authorization, any information that comes to their knowledge in the exercise of their functions.

Decision 1384, s. 6.

7. The committee’s mandate is to determine whether a candidate is qualified for the position to be filled.

Decision 1384, s. 7.

8. The President of the National Assembly sends the list of candidates and their files to the chair of the selection committee.

Decision 1384, s. 8.

CHAPTER IV ELIGIBILITY REQUIREMENTS AND SELECTION CRITERIA

9. In addition to the eligibility requirements prescribed by the Act and this Regulation, only a person having 10 years’ relevant experience may be a member of the Commission.

Decision 1384, s. 9.

10. The committee analyzes the candidates’ files, short-lists the candidates who, in its opinion, meet the eligibility requirements and informs the other candidates that they have not been selected.

Decision 1384, s. 10.

11. The selection criteria to be taken into account by the committee in determining whether a candidate is qualified are

(1)  the candidate’s personal and intellectual qualities and experience and knowledge in and interest for the field of access to documents held by public bodies or the protection of personal information;

(2)  the candidate’s judgment, listening skills, perceptiveness, level-headedness, decision-making abilities and expressive abilities; and

(3)  the candidate’s perception of the functions of a member of the Commission.

Decision 1384, s. 11.

12. The committee may apply evaluative measures that it determines to candidates who meet the eligibility requirements.

Decision 1384, s. 12.

13. The chair of the committee informs candidates who perform well on any such evaluative measures of the date and place of their meeting with the committee and informs the other candidates that they have not been selected.

Interviews are held without publicity, and at a discreet time and place.

Decision 1384, s. 13.

CHAPTER V REPORT OF SELECTION COMMITTEE

14. The committee promptly submits its report to the President of the National Assembly.

Decision 1384, s. 14.

15. The report must list the candidates the committee considers qualified for the position of member of the Commission.

The report may also include any comments that the committee considers appropriate, especially with respect to the particular characteristics or qualifications of the qualified candidates.

The list of qualified candidates remains valid for 5 years.

Decision 1384, s. 15; Decision 1560-2, s. 1; Decision 1693-2, s. 2.

16. Committee decisions are made by a majority of its members. The committee chair has a casting vote.

Decision 1384, s. 16.

17. A committee member may register dissent with respect to all or part of the report.

Decision 1384, s. 17.

18. The President of the National Assembly forwards the list of candidates the committee considers qualified for the position of member of the Commission to the Premier.

Decision 1384, s. 18.

19. If the Premier considers that, given the list of candidates, it would not be in the best interests of the proper discharge of the functions of the Commission to recommend a person for appointment, the Premier asks the President of the National Assembly to have a recruitment notice published in accordance with Chapter I.

The selection committee established after the publication of the new notice may include persons having sat on a previous committee.

Decision 1384, s. 19.

CHAPTER VI FINAL PROVISION

20. Committee members are entitled to the reimbursement of transportation, meal and accommodation expenses in accordance with the Directive sur les frais remboursables lors d’un déplacement et autres frais inhérents (C.T. 194603, 2000-03-30).

In addition to the reimbursement of those expenses, committee members who are not Members of the National Assembly, members of the Commission or employees of a government department or body are entitled to a fee of $200 for each half-day of committee meetings they attend.

Expenses and fees are authorized by the Secretary General of the National Assembly and paid out of sums provided for that purpose in the budget of the National Assembly.

Decision 1384, s. 20; Decision 2283-2, s. 2.

TRANSITIONAL

2011

(Decision 1560-2) SECTION 2. . This Regulation applies only to the existing initial list of candidates considered qualified by the selection committee for the position of member of the Commission d’accès à l’information.

REFERENCES

Decision 1384, 2007 G.O. 2, 2931

Decision 1560-2, 2011 G.O. 2, 1027

Decision 1693-2, 2013 G.O. 2, 969

Decision 2283-2, 2023 G.O. 2, 1335

Decision 2327-2, 2024 G.O. 2, 2558