Regional Council Regulations

Regulation
Registration
R-086-2016
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Hospital Insurance and Health and Social Services Administration Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites
Cited by
  • None.
Contents
1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13

The Commissioner, on the recommendation of the Minister, under section 28 of the Hospital Insurance and Health and Social Services Administration Act and every enabling power, makes the Regional Council Regulations.

REGIONAL COUNCIL REGULATIONS

Definition

1.

In these regulations, "resident", in the context of an area served by a regional council, means a person who is ordinarily resident in the area and who lives in the area for more than six months of each year.

Number of Members

2.

(1) The Beaufort-Delta Regional Wellness Council, established under subsection 4(1) of the Act, is to be composed of six members in addition to the chairperson.

(2) The Dehcho Regional Wellness Council, established under subsection 4(1) of the Act, is to be composed of six members in addition to the chairperson.

(3) The Fort Smith Regional Wellness Council, established under subsection 4(1) of the Act, is to be composed of six members in addition to the chairperson.

(4) The Hay River Regional Wellness Council, established under subsection 4(1) of the Act, is to be composed of six members in addition to the chairperson.

(5) The Sahtu Regional Wellness Council, established under subsection 4(1) of the Act, is to be composed of six members in addition to the chairperson.

(6) The Yellowknife Regional Wellness Council, established under subsection 4(1) of the Act, is to be composed of six members in addition to the chairperson. Eligibility for Appointment as Chairperson or Member

3.

Subject to section 4, the opportunity to be considered for appointment as the chairperson or another member of a regional council must be open to all residents of the area served by the regional council.

4.

(1) To be eligible for appointment as the chairperson or another member of a regional council,

(a) a person must

(i) be a Canadian citizen, or be a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act (Canada),

(ii) be a resident of the area served by the regional council on, and for at least six months immediately preceding, the date of appointment, and

(iii) have attained 19 years of age; and

(b) the Minister must be satisfied that the person

(i) is knowledgeable about the purpose, roles and responsibilities of the regional council,

(ii) has experience of effective participation on one or more committees, councils or other bodies serving at a local, regional or territorial level within the Northwest Territories,

(iii) has high ethical standards, and

(iv) is available for and committed to full participation on the regional council.

(2) In addition to the requirements listed in subsection (1), to be eligible for appointment as the chairperson of a regional council, the Minister must be satisfied that a person

(a) is respected in the area served by the regional council for his or her skills, knowledge and ability;

(b) has effective leadership skills, including skills required for the effective facilitation and management of meetings;

(c) has the ability to understand complex issues and the ability to discuss them with a wide range of interested groups;

(d) understands the legislative framework for the regional council; and

(e) is a role model for healthy living.

(3) A person is not eligible for appointment as the chairperson or another member of a regional council if he or she

(a) is employed in or under the Territorial authority in a management position, or is employed in the operations of the Territorial authority in the area served by the regional council;

(b) is an employee in the public service who works in the Department of Health and Social Services;

(c) is employed at or operates a facility that provides health services or social services for people who reside within the area served by the regional council;

(d) provides health services or social services at or for a facility that provides services for people who reside within the area served by the regional council;

(e) is a medical practitioner, dentist or other health professional who has privileges at a facility that provides health services or social services for people who reside within the area served by the regional council;

(f) is a spouse or dependant of a person referred to in paragraphs (a) to (e);

(g) is a member of the Legislative Assembly or the Parliament of Canada; or

(h) has, within the previous three years, been convicted of an offence under the Criminal Code and sentenced to a term of imprisonment.

Nominations for Chairperson and Members

5.

(1) A request for nominations must be made by the Minister before he or she appoints a person, under subsection 4.1(2) of the Act, as the chairperson or another member of a regional council.

(2) The request for nominations must be publicly advertised in communities in the area served by the regional council at least 30 days before the close of nominations.

6.

(1) A person may be nominated as the chairperson or another member of a regional council by

(a) a resident of the area served by the regional council; or

(b) a local government or organization situated in the area served by the regional council.

(2) A resident of the area served by a regional council may nominate himself or herself as the chairperson or another member of the regional council.

(3) A nomination must be made in a form approved by the Minister and provided to the Minister by the date specified for the close of nominations.

(4) A nomination by a resident of himself or herself as the chairperson or another member of a regional council must include two letters of support for the nomination.

(5) Each letter of support referred to in subsection (4) must be written by another resident of or a local government or organization situated in the area served by the regional council.

Appointment of Chairperson and Members

7.

(1) The Minister shall, when reviewing the nominations for appointment of the chairperson and other members of a regional council, consider the importance of reflecting the following factors on the regional council, to ensure that membership adequately represents the area served by the regional council:

(a) the diversity of the population in the area;

(b) age and gender balance of members;

(c) fluency of one or more members in official languages of the Northwest Territories spoken in the area;

(d) representation from communities in the area.

(2) In addition to the requirement specified in subsection (1), when reviewing the nominations for appointment of the chairperson of a regional council, the Minister must be satisfied that the person to be appointed adequately represents the area served by the regional council.

Resignation and Revocation of Appointments

8.

(1) A chairperson or another member of a regional council may, in writing, resign his or her position.

(2) A resignation referred to in subsection (1) takes effect on the later of

(a) the date the resignation is received by the Minister; and

(b) the date specified in the resignation received by the Minister, if it specifies a date.

9.

(1) The following reasons and circumstances are grounds for revocation, under subsection 4.1(10) of the Act, of the appointment of the chairperson or another member of a regional council:

(a) the member resigns;

(b) the member ceases to be a resident of the area served by the regional council;

(c) one of the ineligibility criteria specified in subsection 4(3) applies in respect of the member;

(d) the member fails to disclose a direct or indirect pecuniary interest contrary to the Conflict of Interest Act;

(e) the member provided false or misleading information that was used in respect of his or her nomination;

(f) the member was absent for more than three consecutive meetings of the regional council without an excuse satisfactory to the regional council or the Minister;

(g) the regional council recommends the revocation to the Minister on the grounds of irreconcilable differences and the Minister is satisfied, on information provided by the regional council, that the appointment should be revoked;

(h) the Minister determines that the member failed, in that member’s conduct in relation to the regional council, to maintain ethical standards appropriate to his or her role as chairperson or other member;

(i) the Minister determines that misconduct of the member justifies revocation.

(2) In addition to the reasons and circumstances listed in subsection (1), the appointment of the chairperson of a regional council may be revoked if the Minister determines that the chairperson has demonstrated

(a) poor leadership of the regional council; or

(b) conduct unbecoming a chairperson of a regional council.

(3) The Minister shall, prior to the revocation of an appointment under paragraph (1)(d) to (i), or subsection (2),

(a) provide notice to the member of the reasons for the proposed revocation; and

(b) consider any response provided by the member under subsection (4).

(4) A member who receives notice under subsection (3) may, on or before the date for response specified in the notice, provide a response to the Minister.

(5) The revocation of an appointment by the Minister is final and is not subject to review.

Reappointment

10.

(1) A chairperson or another member of a regional council who wishes to be considered for reappointment to the regional council shall provide to the Minister two letters of support for the reappointment.

(2) Each letter of support referred to in subsection (1) must be written by another resident of or a local government or organization situated in the area served by the regional council.

Meetings

11.

(1) A regional council may establish a meeting schedule for a fiscal year.

(2) The maximum number of meetings that a regional council may hold each fiscal year is twelve.

(3) Meetings of a regional council must be held at a location in the area served by the regional council.

(4) Members of a regional council who are unable to attend a meeting in person may attend the meeting by teleconference or video conference.

12.

(1) A meeting or part of a meeting of a regional council may be held in private if the regional council is of the opinion that the matter under consideration raises personal information about a person or another privacy issue that warrants a closed meeting.

(2) If a meeting or part of a meeting of a regional council is held in private, the minutes of the private part of the meeting

(a) must include the reasons why the regional council decided to hold the meeting or part in private, and the nature of the subject matter discussed at the meeting; and

(b) must not include

(i) personal information about a person discussed, or

(ii) other information in respect of a privacy issue that the regional council considers should not be part of the public record.

(3) A resolution arising from a meeting or part of a meeting held in private may only be passed by members of the regional council when the meeting resumes as a public meeting.

Commencement

13.

These regulations come into force on the day on which section 11 of An Act to Amend the Hospital Insurance and Health and Social Services Administration Act, S.N.W.T. 2015, c.14, comes into force.