Legislative Review Process

 

FINAL REPORT OF THE LEGISLATIVE REVIEW COMMITTEE

SUMMARY OF LEGISLATIVE REVIEW PROCESS

ISLAND COASTAL ECONOMIC TRUST INDEPENDENT LEGISLATIVE REVIEW

Requirement for independent legislative review

The Island Coastal Economic Trust (ICET) is required under Section 26 of the North Island-Coast Development Initiative Trust Act (the Act) to undertake a legislative review no later than February 27, 2011, five years after the establishment of ICET.

Under the Act, ICET must appoint a committee of "qualified individuals" to review the Act and evaluate how it is functioning (the Legislative Review Committee). The Legislative Review Committee (LRC) may consult with business, labour, education providers, government and any other person or organization it considers appropriate and must publish a report of its findings in a manner that can reasonably be expected to bring the report to the attention of the public.

Creation of Steering Committee

On October 22nd 2010, the Board of Directors of the Trust appointed a Legislative Review Steering Committee (Steering Committee), comprised of three Board Members, to oversee the legislative review process. The Steering Committee's mandate will end once the final Legislative Review Report is published.

 The Board Members on the Steering Committee are:

     1. Mayor Barry Janyk (Chair)
     2. Mayor Phil Kent
     3. Dave Mannix

Mandate of the Steering Committee

The responsibilities of the Steering Committee include (but are not limited to):

  • Development of the process for the legislative review;
  • Recruitment of qualified candidates for the Legislative Review Committee (LRC);
  • Reporting and making recommendations to the Board regarding the process and appointment of qualified candidates;
  • Overseeing the LRC and process to ensure compliance with the Act and that the process and draft report meets the standards set out in the Governance and Disclosure Guidelines for Governing Boards of British Columbia Public Sector Organizations, and Review of the Governance Framework for Canada's Crown Corporations-Meeting the Expectations of Canadians;
  • Ensuring that the Legislative Review Committee's names and biographies, Terms of Reference and Final Report are published and available for public review;
  • Reporting to the Board of Directors on the process;
  • Liaison as required with the provincial government on the process.

The process

The Steering Committee has determined that this obligatory legislative review will be conducted within the larger context of a voluntary, arms-length, comprehensive organizational performance review but will be prioritized to ensure completion by February 27 2011. 

The committee of four "qualified individuals" were recruited by the Steering Committee and appointed by the Trust Board of Directors to direct the legislative review.  These individuals were selected for their professional qualifications and capability to understand and review legislation, as well as their track record of working effectively, collaboratively and efficiently in a team or committee setting. 

It is expected that the LRC will carry out appropriate consultations to ensure a balanced view of any issues related to the legislation. The Steering Committee hopes that LRC members will participate in the comprehensive review, where they will be joined by up to 3 additional individuals representing specific geographic areas, economic sectors, and/or areas of expertise.

The LRC is supported by a consultant hired to assist them in the development of their Terms of Reference, to carry out the required consultations and to draft the final report, as per the Committee's direction.

The Legislative Review Committee selection and appointment process

The Act requires that the Trust appoint a committee of "qualified individuals" to review the Act and evaluate how it is functioning.  The definition of "qualified individuals" in the legislation is as follows:

 "qualified individual" means an individual who is not

    a) an elected official of a municipality or regional district,
    b) a Member of the Legislative Assembly,
    c) an employee of the government
    d) a member of the board of directors of the North Island-Coast Development Initiative Trust,
    e) a member of a regional advisory committee, or
    f) a person who is
        i) the spouse, parent or child of any individual referred to in paragraph d) or e)
        ii) any other relative residing with that individual

 All LRC members are qualified individuals.

 The Directors of the Trust were also, in appointing the review committee, guided by the guidelines set out in the following documents:

    a) the Governance and Disclosure Guidelines for Governing Boards of British Columbia Public Sector Organizations published by the British Columbia Board Resourcing and Development Office;
    b) The Review of the Governance Framework for Canada's Crown Corporations - Meeting the Expectations of Canadians published by the Treasury Board of Canada Secretariat.

Those best practices guidelines require that the committee be comprised of individuals with combined professional competencies and personal attributes to do the job assigned to them. They must be independent of ICET and have no material interest in ICET's functions. Their appointment must be competency based, transparent and professional. The composition of the committee, their biographies and their names must be published, as must the process for appointing them and any remuneration. The Terms of Reference must also be published, as must the LRC's termination date, the purpose of the committee, and their working procedures.

The Steering Committee is satisfied that ICET has fully complied with these best practices. All relevant information is available in this public summary.

 Criteria for selection of LRC members

 The following criteria for the recruitment and appointment of candidates to the LRC were considered:

  1. Legal training or experience working with legislation;
  2. Knowledge of, or experience working with, organizations governed by legislation;
  3. Knowledge of the ICET mandate area and economic development initiatives within the area;
  4. Arms'-length from ICET staff, Board and funded projects;
  5. Strong professional reputation and credibility of the candidate;
  6. Ability to work as a team, at arms' length and independently of ICET or any other influence, and
  7. Ability to direct process, analyze information and make credible, independent recommendations.

The Steering Committee shortlisted a number of candidates and invited them to form part of the LRC. The candidates were individually contacted by ICET staff, provided with information about the process, estimated time requirements and terms of reimbursement of expenses. Following a short telephone interview and verification that the candidates met all of the requirements of the Board and legislation, they were invited to participate in the LRC.

The four candidates were then formally appointed by the Board of Directors of ICET, after confirming that the process and qualifications of the candidates comply with the legislation, the , the Governance and Disclosure Guidelines for Governing Boards of British Columbia Public Sector Organizations, the Review of the Governance Framework for Canada's Crown Corporations - Meeting the Expectations of Canadians as well as the additional criteria set by the Trust.

 Legislative Review Committee

The role of the LRC will be to develop and approve the terms of reference for the legislative review process, steer the process and ensure that the necessary research and consultations are undertaken to meet the requirements of the legislation. They will be expected to provide strategic direction and guidance to the consultant hired to assist them with the process. Finally, the LRC will be required to analyze the results of the research and consultations and make recommendations regarding the legislation.

The Terms of Reference  developed by the LRC are also available for further details on the process and scope of the review.

LRC members receive, for meeting attendance, a pro-rated per diem  expense reimbursement of up to $150.00, in addition to the reimbursement of eligible travel expenses or other expenses not covered by the per diem.

On publication of their Final Report, the LRC will be terminated.

Publication of the Report

In addition to the publication of this Summary of the Process, LRC member biographies and the LRC Terms of Reference, the Trust is committed to publishing the final report and recommendations as presented by the LRC.  These documents will all be made available for public viewing on the ICET website.

 Legislative Review Committee Members