Appointment of officers by the Alberta legislative assembly.

• Author: Shumyla, Diane

In every jurisdiction certain public officials (the Chief Electoral Officer, the Auditor General, Information and Privacy Commissioners, Ethics Commissioners and Ombudsmen) report to the Legislative Assembly rather than to a Minister of the Crown. The list varies from one province to another but little has been written about the process by which such officials are recruited and the role of the legislature in the appointment process. This article looks at the situation in Alberta.

In Alberta, Officers of the Legislative Assembly report through the Select Standing Committee on Legislative Offices. The origin of this committee goes back to November 1977 when the Auditor General Act was adopted. Douglas (Bill) Rogers, then Provincial Auditor, who was appointed as Auditor General on April 1, 1978, suggested the need for a mechanism to ensure the independence of the Auditor General from the government was preserved. As Auditor General he was responsible to the Legislative Assembly, as they were his client, and he would report annually to them.

Although some were skeptical of having an Officer report through an all-party committee, nevertheless a Committee consisting of 9 members was established on March 20, 1978 as the Select Standing Committee on the Office of the Auditor General. In May 1978 the name of the Committee was changed to "Standing Committee on the Offices of the Auditor General and Ombudsman" and in November 1980 it adopted its present name.

The function of the Committee is authorized by various acts including the Auditor General Act, Conflicts of Interest Act, the Freedom of Information and Protection of Privacy Act, the Ombudsman Act, the Election Act, the Election Finances and Contributions Disclosure Act, and the Electoral Divisions Act.

At the beginning of each session, members including the Chair and Deputy Chair are appointed to the Select Standing Committee on Legislative Offices. The membership reflects the composition of the House. The mandate of the Committee is to review and approve the Officers' annual budgets and to conduct salary reviews for the Officers.

The Committee can entertain Officers' requests regarding proposed changes to legislation, and forward the recommendation to the appropriate ministry, however it is important to note that the Committee does not have the mandate to approve changes to legislation. No reports to the Assembly are required by the Committee, although annual reports were presented in 1981...