Composition of Board and appointment
2013, c.29, s.2
4(1)The Board shall consist of the following members appointed by the Lieutenant-Governor in Council:
(a)
at least three members, but no more than six members, who shall perform their duties on a full-time basis; and
(b)
no more than two members who shall perform their duties on a part-time basis.
4(2)The Lieutenant-Governor in Council shall appoint a Chairperson and a Vice-Chairperson from the members appointed under paragraph (1)(a).
4(3)A member shall be appointed from among those candidates nominated by the nominating committee in accordance with subsection (4).
4(4)In making nominations, the nominating committee shall
(a)
engage a recruiting firm to identify potential candidates,
(b)
use a merit-based and objective approach,
(c)
ensure that the Board as a whole has the necessary skills and qualifications to carry out its functions,
(d)
provide to the Lieutenant-Governor in Council a description of the recruitment, assessment and selection processes used and the results of those processes, and
(e)
comply with any regulations made under paragraph 83(
b.1).
4(5)At the time nominations are made under this section, the nominating committee shall advise the Lieutenant-Governor in Council of the following:
(a)
the skills and qualifications required of the Board as a whole to carry out its functions;
(b)
the skills and qualifications required of the candidates for the positions on the Board; and
(c)
its comments and recommendations pertaining to the candidates.
4(6)Despite subsections (1) to (5), the Chairperson and the Vice-Chairperson of the Board as it existed immediately before the commencement of this section shall be deemed to have been appointed as members of the Board and as the Chairperson and the Vice-Chairperson of the Board under this section.
4(7)Subsections (3) to (5) do not apply to the reappointment of a member.
4(8)Subject to subsection (9), the nominating committee may make a recommendation to the Lieutenant-Governor in Council concerning the reappointment of a member but the Lieutenant-Governor in Council is not bound by the recommendation.
4(9)The Chairperson or the Vice-Chairperson shall not participate in making a recommendation in respect of his or her own position as a member.
4(10)The nominating committee shall make a recommendation under subsection (8) within a reasonable period of time before the expiry of the member’s term of office.
4(11)When a member is not reappointed on time, his or her subsequent reappointment shall be deemed to have taken effect immediately after the expiration of his or her term of office.
4(12)Subsections (3) to (5) apply with the necessary modifications to the making of nominations to fill a vacancy on the Board.
4(13)The nominating committee shall provide the Lieutenant-Governor in Council with the nominations for a vacancy at least three months before the occurrence of the vacancy but, if not possible, as soon as practicable.
2013, c.29, s.3; 2023, c.6, s.3