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Community Health Boards’ Member Selection Regulations made under Section 84 of the
Health Authorities Act
S.N.S. 2000, c. 6
N.S. Reg. 28/2001 (March 16, 2001, effective April 1, 2001)
1 These regulations may be cited as the Community Health Boards’ Member Selection Regulations.
2 In these regulations,
(a) “Act” means the Health Authorities Act, Chapter 6 of the Acts of 2000;
(b) “CHB” means a community health board established or continued pursuant to the Act;
(c) “board” means the board of directors of a CHB.
3 (1) Subject to the Act, a CHB shall determine the number of board members that will constitute its board and the quorum requirements.
(2) A CHB shall determine the process as to how board members are selected and a CHB may, if deemed appropriate by the board, establish a nomination committee.
4 (1) The selection process established pursuant to subsection 3(2), shall be open, public and transparent in all respects, including:
(a) the selection process shall, to the extent possible, ensure that the selection of members is broadly representative of the area served by the CHB, taking into account geographic, cultural, ethnic, and demographic factors;
(b) the opportunity to be considered for board membership must be open to all members of the public;
(c) the opportunity to apply for consideration or to put forward the names of others for consideration must be publicly advertised prior to the selection of members;
(d) the opportunity for applicants to self-identify as members of minority groups, such as disabled, First Nations, visible and cultural minorities, etc.;
(e) the criteria for selecting members must be included in the advertisements or other mechanisms used to recruit members;
(f) if the selection of members is to be made through a process that includes public input as to the relative suitability of various applicants the process must be organized in such a way, including appropriate public advertisement, as to give members of the public an equal opportunity to decide whether or not to participate in the process;
(g) no person who is being considered for membership on the CHB shall participate in the selection process;
(h) the information about each applicant that serves as the basis on which members are selected will include the information submitted by or on behalf of the applicant, but the CHB may seek additional relevant information about applicants as part of its process, provided that all information about an applicant that is relied on is available to the applicant on request and does not contravene the Nova Scotia Human Rights Act; and
(i) every applicant for nomination who is not selected will be provided, on their request, with an explanation of the process and the basis for the selection of the nominees.
(2) The selection process shall be
(a) in writing and approved by the board and in writing prior to the commencement of the process and shall include the terms of reference of a nomination committee established pursuant to subsection 3(2); and
(b) available on request to any member of the public, the CHB, the nomination committee (if one exists), the DHA, or the Department of Health and Wellness and any modifications to the process while in process should be of a minor nature only.
[Note: The reference to the Department of Health has been updated in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.]
5 (1) Selection of a board member shall be based on the applicant’s ability to demonstrate that they:
(a) have leadership potential and an active interest in the community;
(b) have knowledge of health issues and/or a willingness to learn;
(c) understand and be willing to accept the responsibility and accountability of being a member of a board;
(d) be willing and able to commit the time necessary for the work of the board;
(e) have the ability to work effectively as a member of a team; and
(f) have the ability to bring a useful perspective to the deliberations and work of the board.
(2) Criteria additional to subsection (1) may be added by the board to address local requirements and shall be included in the written selection process made pursuant to subsection 4(2).
6 The CHB may fill vacancies in the event a board member is, for any reason, unable to complete the term and the process used to fill such vacancies shall be documented in writing prior to filling the vacancies and shall be subject to the same requirements as stated in clause 4(1)(a) and subsection 4(2).