Appointment Process for Adjudicative Boards Strengthened

Public Service Commission

January 29, 2003 10:57


The government of Nova Scotia has introduced a new process to
ensure that fully qualified applicants are appointed to the
province's adjudicative boards. It is part of ongoing
improvements to the appointment process for agencies, boards and
commissions.

"The new process is similar to the one used for judges and for
members of the Utility and Review Board," said Gordon Balser,
Minister of the Public Service Commission. "It is designed to
ensure that every member of each board is well qualified."

Adjudicative boards make decisions that affect a person's
liberty, security or legal rights. Government has 28 adjudicative
boards, ranging from the Regional Assessment Appeal Board to the
Psychiatric Facilities Review Board.

Under the new system, eight advisory committees have been set up
to screen potential members for these boards. The five-member
committees are chaired by a human resources professional
appointed by the public service commissioner, and include two
other government employees and two members of the public, also
selected in a competitive process. Each committee provides a list
of three to six qualified board applicants to the minister.

Descriptions have been prepared for all adjudicative board
positions. These descriptions detail the qualifications needed
and the selection criteria to be used. Positions will be
advertised to ensure fair notice is given to potential
candidates. All documents will be available on the Executive
Council Office Web site www.gov.ns.ca/exec_council/boards.asp .

Advisory committees are now in place and the committees will make
appointments to each board as vacancies arise.

The new process is part of a January 2002 agreement with
Archibald Kaiser, who lodged a human rights complaint in 1995
that he was discriminated against on the basis of political
affiliation.

The province has applied the process to more than double the
number of boards specified under the agreement with Mr. Kaiser.
Other terms of the agreement have also been met, including:
-- provision of $15,000 to the Nova Scotia Human Rights
Commission for education on discrimination on the basis of
political affiliation; and
-- provision of $90,000 over three years for the commission to
work with the Nova Scotia Disabled Persons Commission to promote
education on mental health issues.

"We have fulfilled all the terms of the Kaiser settlement, as
part of our ongoing improvements to the selection process for
agencies, boards and commissions," said Mr. Balser. "The Nova
Scotia government has one of the strongest selection processes
for these appointments."

As part of its earlier efforts to improve the appointment
process, the province established a system that allows a
legislative committee to scrutinize appointments to agencies,
boards and commissions. However, the new adjudicative board
appointment process, being open and competitive, will be exempt
from this review.


FOR BROADCAST USE:

     The Nova Scotia government has a new process to make sure

fully qualified applicants are appointed to 28 provincial boards.

     The process is based on the model used for judges and

members of the Utilities and Review Board. Committees that

include three government employees and two members of the public

will select people qualified for the government appointments.

     The process applies to boards that make decisions about

things like housing assessments appeals, labour standards, and

teacher certification appeals.

     The new system is part of a 2002 agreement made with

Dalhousie Law professor Archibald Kaiser, who complained in 1995

that he wasn't appointed to a board for political reasons.

     Gordon Balser, Minister of the Public Service Commission,

says Nova Scotia has the best appointment process in Canada for

agencies, boards, and commissions.

-30-

Contact: Cathy Shaw
         Public Service Commission
         902-424-4879
         Cell: 902-430-3657
         E-mail: shawcm@gov.ns.ca


kjd         January 29, 2003         10:54 A.M.