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Health Canada's commitment to openness and transparency is articulated in the Department's Report on Plans and Priorities (RPP) and in the Health Products and Food Branch's Strategic Plan for 2007-12. It is also rooted in a variety of existing policies, including the Government of Canada Communications Policy, Health Canada's Policy Toolkit for Public Involvement, and the Health Products and Food Branch's Public Involvement Framework. As such, the Branch is committed to a decision-making process that involves patients, consumers, health professionals, industry, and researchers.
Under the Blueprint for Renewal initiative, the Health Products and Food Branch is undertaking a comprehensive review of its approach to regulating health products and food. The Branch'sReview of Regulated Products: Policy on Public Input and this Guidance on Advisory Bodies have been drafted in parallel and represent deliverables under this initiative.
The Health Product and Food Branch's Review of Regulated Products: Policy on Public Input and this guidance document replace Health Canada's Policy Guide on the Management of Advisory Committees. The Branch has adopted this Guidance on Advisory Bodies to more accurately reflect its regulatory responsibilities and commitment to a more open and transparent advisory body process.
This guidance sets out best practices and standards for establishing and managing advisory bodies. It is based on independent evaluations of the Health Products and Food Branch's advisory body processes, international best practices, a literature review, and the Branch's experience with public involvement activities. It also draws on, and is consistent with, existing federal policies and frameworks, including those governing science and risk-based decision making, public engagement, communications, and access to information.
This Guidance on Advisory Bodies is applicable to all advisory bodies in the Branch, including advisory bodies established to provide advice on matters of policy, management, and program development, and bodies providing advice on specific matters relating to the review of a regulated product. Although the standards and best practices within this guidance apply to all types of advisory bodies, there are slight, yet important differences in approach for an advisory body providing advice on a regulated product. For instance, information management practices for these types of bodies must also take into account the management of confidential business information.
Recognizing the complex and diverse nature of the Branch's work, this guidance allows for flexibility in addressing circumstances when different arrangements for advisory bodies may have to be made. The Branch may decide to work outside these practices and standards under exceptional circumstances, which should be documented.
This guidance is intended to provide direction to Health Products and Food Branch staff on the management of advisory bodies, while also providing stakeholders with accessible information on what to expect when the Branch seeks advice from an external advisory body.
The Guidance on Advisory Bodies, the Branch's Policy on Public Input, and related guidance documents continue to be "living" documents. Should you have feedback you would like to share, based on your experience in using these tools, please contact:
Manager, Policy, Planning and Analysis
Office of Consumer and Public Involvement
Tel: 613-941-4366
E-mail: ocapi-bpcp@hc-sc.gc.ca
Susan Gardner-Barclay
Director General
Office of Consumer and Public Involvement
Many people contributed their knowledge and experience to this guidance and we are deeply grateful for their contribution. Thank you to everyone who had a part in the process, and especially to the following Health Canada staff who worked diligently over the last months to get us here.
The Guidance on Advisory Bodies reflects the Health Products and Food Branch's continued commitment to transparency as an operating principle. Through HPFB's Review of Regulated Products: Policy on Public Input and this guidance, the Branch has adopted new and transparent processes in the management of advisory bodies.
1.1 For the purposes of the guidance, the term "advisory body" is used to refer to any external group that is being asked for advice, for example, a board, committee, panel, reference group, or task team.
1.2 The role of an advisory body is to advise the Health Products and Food Branch on matters of policy, management, program development, or on specific matters relating to the review of a regulated product. The Branch always retains decision-making authority and responsibilities.
1.3 The Health Products and Food Branch sets out the terms of reference and mandate for an advisory body. The terms of reference must explicitly recognize that the Branch retains decision-making authority.
1.4 The Branch will provide the advisory body with questions to address gaps or issues for which the Branch requires additional information. This may include asking for advice on questions related to a regulated product.
1.5 The advisory body may provide advice in the form of minutes, records of proceedings, or a formal report.
2.1 An advisory body must have at least 3 core members, and it should have no more than 25.
2.2 The Health Products and Food Branch appoints members of an advisory body. In considering whom to appoint, the Branch will follow the appointment considerations listed in paragraphs 2.4-2.9.
2.3 The Health Products and Food Branch appoints the chair of an advisory body.
2.4 The mandate of an advisory body determines its membership. The Health Products and Food Branch will seek members with the required expertise or experience related to the advisory body's mandate.
2.5 In addition to the required expertise or experience of members, the Branch will also consider
2.6 The Health Products and Food Branch will seek a variety of perspectives within an advisory body to ensure that advice it receives is comprehensive. Members of an advisory body may include
2.7 In appointing advisory body members, the Health Products and Food Branch is committed to diversity and inclusiveness. For example, it may select members from specific population groups or geographic locations, when appropriate.
2.8 In considering whom to recruit to an advisory body, the Health Products and Food Branch may
2.9 As a condition of appointment to an advisory body, all members must undergo a security clearance to the "reliability status" level.
2.10 A core member is a permanent member of the advisory body for a specific term outlined in the terms of reference.
2.11 An ad hoc member is invited by the advisory body chair or the secretariat to attend meetings or to join the advisory body for a defined period to provide input on a topic or agenda item. An ad hoc member must follow the same rules and procedures as a core member.
3.1 The Health Products and Food Branch, or the chair in consultation with the Branch, may invite individuals with particular expertise or experience to provide input on a specific topic or agenda item. However, an invited guest may not participate in the formulation of advice or recommendations to the Branch.
3.2 To fulfill an advisory body's mandate or to address a specific question from the Health Products and Food Branch, the chair may ask the secretariat to contract with an expert in a given field to provide additional information to the advisory body. This information may be in the form of a report or presentation. A contracted expert may not participate in the formulation of advice or recommendations to the Branch.
3.3 For contracted experts, the secretariat will develop a clear statement of work, with measurable deliverables, and adhere to the Treasury Board Secretariat's
Contracting Policy.
3.4 To preserve the independence of the federal government as regulatory decision maker, a federal employee may not be a member of an advisory body that is providing advice on specific matters relating to the review of a regulated product. However, a non-Health Canada federal employee may be a member of an advisory body that has a policy, management, or program mandate, as long as the employee is acting in an independent capacity and is not representing the government.
3.5 Generally, advisory body meetings are held in private to provide the greatest opportunity for a full and frank discussion among members, and to protect confidential business information.
3.6 The Health Products and Food Branch, or the chair in consultation with the Branch, may allow individuals, organizations, or members of the general public to observe an advisory body meeting, or parts of a meeting.
3.7 The Health Products and Food Branch will assess and forward to the chair for consideration any requests from the public to observe an advisory body meeting, or parts of a meeting, that it receives. A response will be provided to the requestor by phone or in writing as soon as a decision has been made, and will include the reasons for the decision.
3.8 A limited number of federal employees may be permitted to observe an advisory body meeting. Priority consideration will be given to those officials whose duties are of relevance to the mandate of the advisory body.
4.1 To be considered for appointment, potential members of an advisory body must complete and return the Affiliations and Interests Declaration Form for Advisory Body Members by a deadline determined by the Health Products and Food Branch. A potential member must disclose on the form all affiliations and interests, including any direct financial interest of relevance to the mandate of the advisory body.
4.2 A direct financial interest refers to when a person, a person's spouse/partner, or a person's dependent minor child has a direct financial interest in the outcome of the review, through current employment, investments in companies, partnerships, equity, royalties, joint ventures, trusts, real property, stocks, shares, or bonds.
4.3 A person with a direct financial interest in the outcome of a review of a regulated product may not be a member of an advisory body whose mandate is solely to provide advice on specific matters relating to the review. In this situation, the Health Products and Food Branch considers direct financial interest in a product review to be a conflict of interest.
4.4 A person with a direct financial interest in the outcome of a review of a regulated product may be a member of an advisory body whose broader mandate encompasses matters of policy, management, or program development. However, such a member may not participate in any discussion, formulation of advice, or recommendations by the advisory body to the Branch relating to the review.
4.5 The Health Products and Food Branch recognizes that a person with affiliations and interests that do not constitute a direct financial interest in the outcome of a product review, as described in paragraph 4.2, has valuable input to offer based on his or her expertise or experience. Persons with such affiliations and interests may be considered for advisory body membership.
4.6 The Health Products and Food Branch strives for a range of affiliations and interests in an advisory body, with a view to ensuring a diversity of perspectives, and always taking into account the need to ensure that the advice the advisory body gives the Branch is credible.
4.7 In addition to direct financial interests, potential advisory body members must also disclose the following affiliations and interests if they are relevant to the mandate of the advisory body:
4.8 In addition to requiring advisory body members to disclose affiliations and interests in the Affiliations and Interests Declaration Form for Advisory Body Members, the Health Products and Food Branch or the chair of an advisory body may also ask members to make a verbal statement of their relevant affiliations and interests at the beginning of a meeting.
4.9 The Health Products and Food Branch, or the chair of an advisory body in consultation with the Branch, may limit the participation of an advisory body member in a meeting, depending on the nature of the member's affiliations or interests.
4.10 In keeping with the Privacy Act, a completed Affiliations and Interests Declaration Form for Advisory Body Members is confidential. The Health Products and Food Branch will not make public any information in the form without the member's permission.
4.11 The Health Products and Food Branch will be transparent about the membership of its advisory bodies. As a condition of appointment, advisory body members will allow the Branch to publish on its Web site a Summary of Expertise, Experience, and Affiliations and Interests. The Branch prepares the Summary, based in part on the Affiliations and Interests Declaration Form for Advisory Body Members completed by each member. Advisory body members will be asked to review the content of the Summary for accuracy before its release.
4.12 For advisory bodies formed before May 11, 2007, the date this Guidance on Advisory Bodies came into effect, the Health Products and Food Branch will publish on its Web site a short biography of members, including expertise or experience relevant to the advisory body's mandate. However, if an advisory body formed before this date is required to consider information from the public through a public input process, advisory body members will be expected to allow the Branch to publish their name and a Summary of Expertise, Experience, and Affiliations and Interests.
4.13 The membership and expertise on an advisory body could signal to competitors that a product has been submitted by a sponsor for regulatory review. The Branch will not publish advisory body information if the advisory body is providing advice on issues related to the review of a regulated product for which the Branch has not yet provided market authorization, unless the advisory body will be involved in a broad public input process.
5.1 Members of an advisory body have a responsibility to Canadians to offer their independent and objective advice to the Health Products and Food Branch. Other responsibilities include the following:
5.2 In addition to all the responsibilities of an advisory body member, the chair is responsible for the following:
5.3 Every person must sign a confidentiality agreement before participating in an advisory body, as a member, invited guest, observer, or resource person. The agreement prohibits the disclosure of any protected information received through participation in an advisory body, including information received orally or in writing.
5.4 The Health Products and Food Branch will mark information according to the level to which it is protected under the Government Security Policy.
5.5 The chair of the advisory body will ensure that everyone participating in an advisory body meeting, telephone discussion, e-mail exchange, or in another form of communication has received clear instructions on the confidentiality of the proceedings.
5.6 The Executive Secretary is the Assistant Deputy Minister, Director General, or authorized delegate who makes decisions about the advisory body and its advice.
5.7 A secretariat will be provided to support the advisory body.
5.8 The advisory body secretariat liaises between members and the Branch and acts as a resource for advisory body members. The secretariat provides leadership and strategic advice in the management of the advisory body and works closely with the chair. In addition, the secretariat
5.9 The Branch will require an advisory body to consider information that is relevant to its mandate. This may include information that the Branch has received from the public during a public input process, for instance, through meetings, interviews, public forums, or in writing.
5.10 When an advisory body is required to consider public input received through a broad public input process as part of a product review, the Branch will follow its Review of Regulated Products: Policy on Public Input and related guidance documents, which provide direction on notifying the public of the opportunities, type and timing of a public input process; releasing information about a regulated product; and reporting on public input.
5.11 When the Health Products and Food Branch decides to seek broad public input on a topic related to the mandate of an advisory body, it will consult with the chair of the advisory body on the process to be used and the organization of the public input activity. Members of the advisory body will attend the public input activity.
5.12 The Health Products and Food Branch will introduce members of the advisory body at the start of the public input activity and make public a summary of their expertise, affiliations and interests.
5.13 When appropriate, the Health Products and Food Branch and the chair will, by mutual agreement, appoint a member of the advisory body to be the media spokesperson for the advisory body.
6.1 Advisory bodies may be involved in pre-market reviews, which are confidential, or be required to review and discuss confidential business information as part of their work, whether pre- or post-market. This affects how advisory body information is reported to the public. As a result, both the contents and approach to reporting will vary, depending on whether the role of the advisory body is to advise the Health Products and Food Branch on matters
6.2 Confidential business information is protected by Canadian laws and policies, and international treaties. For both 6.1 b. and c., the Health Products and Food Branch will follow Section 4 of its Review of Regulated Products: Policy on Public Input and related Guidance on Information Supporting the Public Input Process, which provide direction on the release of information about a regulated product, including confidential business information.
6.3 Confidential business information is not normally disclosed to advisory bodies involved in policy, management, and program development. As a result, the Health Products and Food Branch will publish on its Web site the minutes, record of proceedings, or formal report of the advisory body as soon as possible.
6.4 The existence of an advisory body involved in the review of a pre-market product submission and significant portions of the information it reviews are considered confidential business information. As a result, the Health Products and Food Branch will not publish information about the advisory body meeting until the Branch grants the product a market authorization. Published information on the authorization decision will include the fact that an advisory body was convened and its purpose.
6.5 When public input has been sought on a pre-market product submission, industry has consented to disclose the existence of the submission and certain information that might otherwise be protected. When an advisory body has considered information received from the public through a pre-market public input process, the Branch will publish on its Web site the minutes, or record of proceedings, or formal report of the advisory body as soon as possible and according to Section 4 of its Review of Regulated Products: Policy on Public Input.
6.6 Some confidential business information must continue to be protected following market authorization. When an advisory body has been involved in the post-market review of a product, the Health Products and Food Branch will publish on its Web site the minutes, record of proceedings, or formal report of the advisory body as soon as possible and according to Section 4 of the Review of Regulated Products: Policy on Public Input.
6.7 Reports will be published after the advisory body has approved the content. Reports posted online will be available in both official languages and will comply with Treasury Board's
Common Look and Feel Standards for the Internet, Health Canada's Guidelines for Presentation of Reports and Publications, and Health Canada's Guidelines for Presentation of Public Involvement Activities and Consultations.
7.1 The provisions of the Official Languages Act are relevant to this guidance.
7.2 In keeping with the Treasury Board's
Policy on the Indemnification of and Legal Assistance for Crown Servants and the
Volunteers Policy, advisory body members are eligible for the same protection against personal civil liability as federal employees when faced with comparable risks while acting within the mandate of the advisory body and serving as volunteers.
7.3 Members of an advisory body receiving honoraria, or other forms of payment, to compensate their time on an advisory body are not serving as volunteers and are not eligible for protection under the Treasury Board's Policy on the Indemnification of and Legal Assistance for Crown Servants. Obtaining legal coverage under these circumstances is the responsibility of individual members.
7.4 Members will be reimbursed for expenses incurred during their work on an advisory body, such as travel and accommodation, according to Treasury Board's
Travel Directive and
Hospitality Policy
7.5 Advisory body members will provide the Branch with 14 days' notice of their intent to resign. The resignation notice must be in writing and be addressed to the advisory body secretariat and to the chair. The letter should state the effective date of resignation.
7.6 A member's failure to act according to the advisory body's terms of reference may give cause for termination. If this is the case, the Branch will advise the member in writing, stating the reason for the termination and the effective date.
Health Products and Food Branch Review of Regulated Products: Policy on Public Input
Guidance on Notice of the Public Input Process
Guidance on Information Supporting the Public Input Process
Guidance on Reporting on Public Input
Guidance on Public Forums
Government of Canada Communications Policy
Government of Canada Security Policy
Treasury Board Common Look and Feel Standards for the Internet
Treasury Board Volunteers Policy
Treasury Board Travel Directive
Treasury Board Contracting Policy
Treasury Board Hospitality Policy
Treasury Board Policy on the Indemnification of and Legal Assistance for Crown Servants