The Honourable Derek Bennett, Speaker of the House of Assembly, is providing information on the process for identifying a candidate for Information and Privacy Commissioner, which is governed by Section 85 of the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015). The Act requires the Speaker to establish a selection committee comprising the Clerk of the Executive Council or their deputy; Clerk of the House of Assembly or their deputy; Chief Judge of the Provincial Court or another judge designated by the Chief Judge; and President of Memorial University or vice-president designated by the President.

On May 6, 2024, following the departure of the former Information and Privacy Commissioner, the Speaker announced the establishment of the selection committee, with a mandate to develop a roster of qualified candidates for submission to the Speaker in accordance with ATIPPA, 2015. The committee received support from the Public Service Commission, which assisted with screening, scheduling and interviewing of candidates, and provided a merit-based evaluation of them.

The Information and Privacy Commissioner is an independent non-partisan Officer of the House of Assembly responsible for the advisory, educational, investigatory and reporting functions as described in ATIPPA, 2015. The Commissioner provides strategic leadership and oversight to employees responsible for developing and delivering programs for the people of the province and public bodies regarding their rights and obligations in the area of information access and privacy. The committee evaluated potential candidates based on the broad and significant role of the Commissioner, including:

• Considerable and progressively responsible experience in management and senior leadership;
• Experience planning and coordinating resources to deliver a legislated mandate with defined time frames;
• Knowledge of access and privacy legislation, principles and emerging best practices;
• Mediation and adjudication experience; and
• A university degree in a related discipline.

The committee conducted interviews in July and the Speaker received a recruitment recommendation report on August 1, with a roster of one qualified candidate. Support by the Public Service Commission ensured the selection committee followed a process consistent with the process for the selection of other statutory officers as prescribed in the Independent Appointments Commission Act, in particular section 10, which states:

“10. (1) The commission shall

(a)  together with the Public Service Commission, administer a merit-based process for appointments; and

(b)  recommend 3 persons for those appointments.

(2)  Notwithstanding paragraph (1)(b), where, in the opinion of the commission, it is not possible to recommend 3 persons for an appointment, the commission may recommend fewer than 3 persons but in that case it shall report to the Lieutenant-Governor in Council or minister, as appropriate, outlining its efforts to comply with paragraph (1)(b).”

In accordance with Section 85(6) of ATIPPA, 2015, the Speaker consulted with the Premier, the Leader of the Official Opposition and the representative of the Third Party on the Management Commission before a resolution was brought to the House of Assembly. Part of the consultation process provided the opportunity for Leaders to meet with the selection committee and ask questions, as well as other opportunities to further consult with the Speaker.

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“I am confident that the selection committee, consisting of four competent senior leaders in their respective organizations, have complied with their statutory obligations, and I thank them for their dedication and commitment to this work. The committee, working with the Public Service Commission to support a merit-based process, advertised widely for the position of Information and Privacy Commissioner to increase the pool of potential qualified candidates. In accordance with the legislation, a resolution has been placed before the House to appoint the qualified candidate.”
Honourable Derek Bennett
Speaker of the House of Assembly

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Bobbi Russell
House of Assembly
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bobbirussell@gov.nl.ca