Section 6N - Suspension of Information Commissioner and removal from office

The Information Commissioner may be suspended and removed from office. Section 6N outlines a formal process for when and how this may occur.

The formal process for suspending and removing the Information Commissioner (requiring resolution of Parliament) strengthens the Information Commissioner’s independence, protects against arbitrary dismissal, and reflects the importance of the Information Commissioner’s role in the integrity system.

This process means the Information Commissioner may properly perform their functions under the Act without fear of political interference or retribution.

The Information Commissioner may only be removed from office if:

• the Governor in Council, on the advice of the Minister, suspends the Information Commissioner from office on any ground on which the Governor in Council is satisfied that the Information Commissioner is unfit to hold office;⁵
• the Minister presents a statement of the grounds of suspension to each House of Parliament within seven sitting days after the suspension;⁶ and
• each House of Parliament declares by resolution that the Information Commissioner should be removed from office, within 20 sitting days after the day on which the Minister presents the statement.⁷

If removed from office, the person will no longer be the Information Commissioner.⁸

The Governor in Council may suspend the Information Commissioner on any ground, provided the Governor in Council is satisfied the Information Commissioner is unfit to hold office.¹⁰

Unlike section 6O, which outlines specific grounds for suspending or removing the Public Access Deputy Commissioner from office, section 6N does not list specific grounds for removal.

The term ‘any ground’ suggests there is a level of discretion and flexibility in deciding whether to suspend the Information Commissioner, which may or may not be limited to misconduct, neglect of duty or inability to perform the duties of the office as outlined in section 6O, regarding the suspension and removal of the Public Access Deputy Commissioner.

Parliament has 20 sittings days from when the Governor in Council presents a statement with the grounds of suspension to decide whether or not to remove the Information Commissioner.¹³

If Parliament decides the Information Commissioner should not be removed from office, then the Governor in Council must remove the suspension and restore the Information Commissioner to office.¹⁴ If restored to office, the person will return to the position of Information Commissioner.

While the Information Commissioner is suspended, they are taken not to be the Information Commissioner for the period of the suspension.¹⁹

During the suspension period, the Governor in Council may, on the recommendation of the Minister, temporarily appoint an acting Information Commissioner.²⁰

If the Governor in Council removes the suspension, the person will be restored to the position of Information Commissioner.²¹ Conversely, if they are removed from office, the person will cease to hold the office of the Information Commissioner and they cannot exercise any powers under the Act.²²