Advocacy Commission
5. (1) A commission to be known as the Advocacy Commission in English and as Commission d’intervention in French is hereby established. Composition (2) The Commission shall consist of a chair and twelve other members, appointed by the Lieutenant Governor in Council on the Minister’s recommendation. Method of appointment (3) The chair and eight of the other members shall be appointed from persons recommended to the Minister by the appointments advisory committee in accordance with section 16. Same (4) The four remaining members shall be appointed from persons who, in the opinion of the Minister, have demonstrated a commitment to the purposes of this Act. Exception (5) Despite subsection (3), a person who has not been recommended by the appointments advisory committee may be appointed to a position referred to in subsection (3) if, (a) the appointments advisory committee does not make a recommendation to the Minister in accordance with section 16 within sixty days after being requested by the Minister to do so; or (b) it is not possible to comply with subsection 6(1) by appointing a person recommended by the appointments advisory committee. Chair (6) The chair shall serve full-time and the other members shall serve part-time. Term and reappointment (7) The chair and the other members shall hold office for three-year terms and may be reappointed for one further three-year term. Vacancies (8) If a member’s position becomes vacant, the Lieutenant Governor in Council may, on the Minister’s recommendation, appoint a replacement to serve for the remainder of the member’s term. Same (9) The Commission may continue to operate pending the filling of a vacancy. Remuneration and expenses (10) The chair and other members of the Commission shall be paid the remuneration fixed by the Lieutenant Governor in Council and the reasonable expenses incurred in the course of their duties under this Act. Staggered terms (11) Despite subsection (7), four of the persons first appointed in accordance with subsection (3), other than the chair, and two of the persons first appointed in accordance with subsection (4) shall hold office for five-year terms and shall not be reappointed. Meetings public (12) Meetings of the Commission shall be open to the public. Exclusion of public (13) Despite subsection (12), the Commission may exclude the public from any meeting or part of a meeting if it is satisfied that, (a) matters involving public security may be disclosed; (b) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public; (c) a person involved in a criminal proceeding or civil suit or proceeding may be prejudiced; (d) personnel matters or property acquisitions will be discussed; (e) instructions will be given to or opinions received from the solicitors for the Commission; (f) the Commission will deliberate whether to exclude the public from a meeting or whether to make an order under subsection (14); or (g) the public may be excluded in accordance with the regulations. Orders preventing public disclosure (14) In situations in which the Commission may exclude the public from meetings, it may make orders it considers necessary to prevent the public disclosure of matters disclosed in the meeting, including banning publication or broadcasting of those matters. Reasons noted in minutes (15) If the Commission excludes the public from a meeting or makes an order under subsection (14), it shall have its reasons for doing so noted in the minutes of the meeting. 1992, c.26, s.5.