Today, the Government of Newfoundland and Labrador announced a statutory review of the Independent Appointments Commission as per the requirements of the Independent Appointments Commission Act.

Mr. David Conway has been appointed to lead the review, which will identify improvements to enhance the overall efficiency, effectiveness and outcomes of the legislation. The review will explore the timeliness of recommendations, encouraging more citizens to seek appointment, and maximizing the diversity of qualified candidates and regional representation.

The terms of reference for the review are noted in the backgrounder below. Mr. Conway will deliver his final report to the Minister Responsible for the Public Service Commission by May 31, 2023.

Governed by the Independent Appointments Commission Act, which received royal assent in 2016, the Independent Appointments Commission is a seven person, non-partisan commission appointed through a resolution of the House of Assembly. The commission provides merit-based recommendations to approximately 30 Tier One entities. These agencies, boards and commissions deliver important services including health care, education and the management of our province’s natural resources.

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“The Independent Appointments Commission provides an important service to the province, ensuring a fair and merit-based process is followed when appointing members to serve on our agencies, boards and commissions. I look forward to Mr. Conway’s review and recommendations.”
Honourable Siobhan Coady
Deputy Premier and Minister Responsible for the Public Service Commission

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Independent Appointments Commission Act

The Independent Appointments Commission

Tier One Entities

BACKGROUNDER

Biography of David Conway

David Conway graduated from McGill University with a B.A. in Economics (1996) and an LL.B. from the University of New Brunswick (1999). He was then called to the Ontario bar before being called to the bar in Newfoundland and Labrador.

Mr. Conway worked exclusively in the fields of labour law and administrative law for fifteen years before becoming the chairperson of the Newfoundland and Labrador Labour Relations Board from 2017 until 2022. Mr. Conway now acts as a neutral arbitrator, adjudicator and independent legal counsel. He is on the roster of arbitrators for Newfoundland and Labrador established by the Labour Management Arbitration Committee.

Mr. Conway has experience in numerous types of proceedings, including labour arbitrations, judicial reviews, workers’ compensations hearings, employment insurance hearings, human rights proceedings, collective agreement negotiations and statutory reviews. He has also appeared as counsel at various levels of court including the Supreme Court of Canada. Mr. Conway has taught labour relations at the graduate level at Memorial University, is a member of the Law Society of Newfoundland and Labrador’s Disciplinary Panel, and instructs at the Bar Admission Course. He is a past co-chair of the Newfoundland and Labrador Labour Management Arbitration Committee and is a member of the Canadian Bar Association’s National Labour and Employment Law section.

BACKGROUNDER

Terms of Reference – Independent Appointments Commission Act Review

Consultant

The consultant reviewing the legislation is David Conway, who shall complete the review in accordance with these terms of reference.

Mandate

The review of the Act will be comprehensive and established with the goal of identifying improvements to enhance the overall efficiency, effectiveness and outcomes of the legislation, and the subsequent processes which support its administration. The review will incorporate, but not be limited to, an examination of potential improvements in the following areas:

• The processes and timelines associated with the generation of recommendations through the merit-based appointment process. Vacant positions on agencies, boards and commissions must be filled in a timely manner;
• Ways to maximize the diversity of candidates identified as qualified and recommendable for appointment, including but not limited to Indigenous candidates;
• Ways to maximize regional representation from all parts of the province;
• Ways to encourage more citizens to seek appointment and to ensure that lists of qualified and recommendable candidates are continually refreshed; and
• To ensure that the positions and appointments which are part of the merit-based appointment process are included or excluded as appropriate.

Methodology

The consultant may receive written submissions and/or conduct consultations with interested parties, including but not limited to residents, media and public bodies.

Public consultation sessions may be scheduled at the discretion of the consultant. In consultation with the Public Engagement and Planning Division consideration will be given to the methods of consultation that promote the engagement of interested parties, regardless of regional location (e.g., online), and are cost-effective and safe.

The consultant will have access to existing data and documentation utilized by the Independent Appointments Commission and the Public Service Commission in the conduct of the review.

Timeline

The consultant shall terminate his work and deliver his final report to the Minister Responsible for the Public Service Commission on, or before, May 31, 2023.