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District Health Authorities Nominee Selection Regulations made under clause 84(2)(d) of the
Health Authorities Act
S.N.S. 2000, c. 6
N.S. Reg. 121/2000 (June 20, 2000, effective July 1, 2000)
1 In these regulations,
(a) “Act” means the Health Authorities Act;
(b) “CHB” means a community health board established or continued pursuant to the Act;
(c) “DHA” means a district health authority as defined in the Act;
(d) “health district” means a health district established pursuant to the Act;
(e) “board of directors” means the board of directors of a DHA.
2 (1) A nomination committee for each DHA shall be established to include the Chair or designate of each CHB in the health district, including the Chair or designate of each CHB that is partly included in the health district.
(2) The nomination committee can expand its membership as it sees fit, provided the membership of the committee continues to provide for equitable representation of each CHB in the health district.
3 The role of the nomination committee is to
(a) establish or approve a process that is open, public, and transparent and consistent with these regulations by which the number of nominees required by the Minister are selected by the CHBs of the health district;
(b) subject to the Act and these regulations and in particular, to the need for broad representation of communities within the health district on the board of directors, allocate to each CHB of the health district a share of the nominations to the board of directors to be made by the CHBs of the health district;
(c) where the number of nominees selected by the CHBs of the health district is less than the number required by the Minister, select the number of additional nominees required by the Minister;
(d) ensure that the nominations made under (a) and (c) are forwarded to the Minister for consideration within the time frame required by the Minister.
4 Where the nomination committee is required to select additional nominees pursuant to Section 3, the committee may make the required selections or adopt such process for further CHB or public input as the nomination committee sees fit, provided it satisfies the “open, public, and transparent process” requirement and these regulations.
5 The process used by a CHB or the nomination committee for a health district for selecting nominees for appointment to a board of directors shall be open, public, and transparent in all respects, including
(a) subject to restrictions on eligibility found in the Act, the opportunity to be considered for nomination must be open to all members of the public;
(b) 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 nominees;
(c) the criteria for selecting nominees must be included in the advertisement;
(d) if the selection of nominees is to be made through a process that includes public input as to the relative suitability of various applicants for nomination, 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;
(e) no person who is being considered for nomination to a board of directors, whether the person is a member of a CHB or of the general public, shall participate in the nomination process or selection of nominees;
(f) CHB members, by virtue of their membership on a CHB, must not be given any preference in the consideration of applicants for nomination;
(g) the CHB may conduct confidential interviews with applicants for nomination as part of its process and it may hold meetings with representatives of particular communities regarding the representation of those communities on the board of directors without inviting the general public to those meetings;
(h) the information about each applicant that serves as the basis on which nominees are selected will include the information submitted by or on behalf of the applicant, but the CHB may seek additional 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;
(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; and
(j) the process to be used in selecting nominees must be established in writing prior to the commencement of the process and available on request to any member of the public, the DHA, the nomination committee 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.]
6 The nomination committee shall ensure that
(a) each CHB in the health district has the opportunity to nominate the minimum number of nominees that is the appropriate minimum number for the health district (which shall be at least one nominee) having regard to all relevant factors, including the number of nominees required, the number of CHBs in the health district and the distribution of population in the health district;
(b) the allocation of nomination opportunities between CHBs balances population distribution against other factors, including the need for broad representation of communities on the board of directors; and
(c) where the nomination committee is responsible for selecting nominations in addition to those selected by CHBs, that due regard is given by the nomination committee or the process put in place by the nomination committee to the need for broad representation of communities on the board of directors.
7 The opportunity to apply for nomination shall be equally open to all residents of the health district, including CHB members, subject to the following exclusions pursuant to Section 13 of the Act: being a member of the House of Assembly, a Member of Parliament, a Senator, a municipal councillor or a school board member.
8 A member of the board of directors shall
(a) have demonstrated community leadership or leadership potential;
(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 of directors;
(d) be willing and able to commit the time necessary for the work of the board of directors;
(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 of directors.
9 Collectively, the members of a board of directors should possess a range of skills and attributes conducive to effectiveness in the conduct of business by the board of directors and reflect the diverse makeup of a health district and therefore, the following are to be considered assets in the consideration of candidates for nomination:
(a) population characteristics such as age, gender, ethnicity, geography or membership in a disadvantaged group;
(b) prior experience on boards of governance; and/or
(c) expertise, skills, or experience in areas such as financial management, business, law, health care, health or other public policy, community development, education or communications.