A Committee of the Legislative Assembly has started advertising for persons interested in becoming Prince Edward Island's first Information and Privacy Commissioner. The Freedom of Information and Protection of Privacy Act was passed by the Legislative Assembly during the Spring 2001 Session and will be proclaimed into force next month. The Information and Privacy Commissioner will be an officer of the Legislative Assembly reporting annually to the Speaker. The Commissioner will have significant responsibilities in administering the Freedom of Information and Protection of Privacy Act. Some of the responsibilities and powers will include monitoring compliance with the Act; giving advice and recommendations to public bodies regarding rights and duties under the Act; investigating and attempting to solve complaints; conducting reviews; and on completing reviews, making orders concerning the release, or non-release, of information.
Hon. Mildred Dover, Speaker of the Legislative Assembly and Chair of the Committee charged with the responsibility of recommending a Commissioner to the House, says that the Commissioner will have significant responsibilities and challenges.
"The new Commissioner will have significant responsibilities under the Act. As an independent Officer of the House, the Commissioner will be responsible to the Legislative Assembly for the conduct of his or her responsibilities ... in fact, the Committee is responsible for selecting a person to recommend as Commissioner to the Legislative Assembly. This selection must be supported by at least two-thirds of the Members voting before being confirmed. The Commissioner will have all the powers, privileges and immunities of a commissioner under the Public Inquiries Act including the power to call witnesses to attend and answer questions and to order that certain records be produced. As the first such Commissioner on Prince Edward Island, I expect that a considerable amount of work will be necessary to get an office up and running and to become familiar with this rather complicated area of law.
"... in the advertisement, the Committee states that it is looking for someone with extensive legal expertise, the ability to interpret and apply legislation and the ability to exercise considerable judgement in administering the Act fairly to both complainants and public bodies. The new Commissioner must also be able to deal comfortably and effectively with members of the public, senior government officials, counterparts in other jurisdictions and the media.
"... the term of appointment is five years and may be designated by the Committee to be as part-time."
If you are interested in obtaining further information on this position, please contact Office of the Clerk, Province House at (902) 368-5970.
Deadline for submission of an application is Friday, 18 October.