Terms of Reference

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Table of Contents

1. Scope and Purpose
2. Mandate
3. Reporting Structure/Governance
4. Members
5. Roles and responsibilities
6. Management and Administration

The Terms of Reference of the Health Canada Science Advisory Board were endorsed by members and approved on June 15, 2010.

1.0 Scope and Purpose

The Minister of Health's portfolio of responsibilities includes, among other entities, Health Canada (the Department) and the Public Health Agency of Canada (PHAC or "the Agency"). The Department and the Agency depend on access to high quality scientific knowledge to support policy formulation, the development and implementation of regulations, and the delivery of programs and services.  To this end, they perform science, as well as use scientific knowledge derived from external sources.

In addition to internal advice from policy makers and scientists, the Department and the Agency rely on expert, external science advice.  The Science Advisory Board (SAB) was established in 1997 to act as a valued source of credible and independent science advice to the Minister, the Department and the Agency. 

2.0 Mandate

The Board is tasked by the Deputy Minister of Health and the Chief Public Health Officer (CPHO) to provide external science advice to the Department and the Agency.  The Department and the Agency always retains decision-making authority and responsibilities.

The Board will provide advice to the Health Canada and PHAC on the following:

• their scientific activities;
• the relevance and quality of the science performed and used;
• emerging health science issues, scientific trends, challenges and opportunities in national and global contexts;
• their knowledge translation and science communication activities;
• scientific partnerships and linkages; and
• the science underpinning of specific issues brought before the Board.

In fulfilling its mandate, the Board may:

• recommend relevant agenda topics for its own deliberations;
• constitute specialized sub-committees and panels from amongst its members;
• recommend suitable topics for specialized sub-committees and panels involving experts who are not members of the Board;
• commissioning of studies by external experts;
• liaisons with outside organizations; and, individuals with appropriate expertise to undertake such activities.

(Note: The products of all such activities are the property of the Minister).

In making determinations on the above, the Board shall respect the mandates of other committees and panels providing advice to the Department and the Agency.

3.0 Reporting Structure/Governance

Health Canada and the Public Health Agency of Canada are represented by the Assistant Deputy Minister of the Strategic Policy Branch who acts as the Executive Secretary. The Board will report directly to the Deputy Minister, the Department (through the Assistant Deputy Ministers) and the Chief Public Health Officer.

4.0 Members

The Board may consist of a Chair, a Vice-chair, and up to sixteen members allowing for a maximum of eighteen positions on the Board.

The Chair, Vice-chair and members are appointed by the Deputy Minister the Chief Public Health Officer. In considering whom to appoint, the Department and the Agency may consult:

• with Health Canada staff;
• with the chair and members already on the Board;
• with other government organizations;
• with external organizations, associations, and/or experts.

4.1 Membership considerations

The members of the Board are individuals external to the federal government who have knowledge, experience and expertise relevant to the mandates of Health Canada and PHAC such as in the following areas:

• Epidemiology and biostatistics;
• Chronic Illness - health promotion;
• Pharmaco-epidemiology;
• Gene therapeutics and biological chemistry;
• Cancer research.

Membership may be periodically adjusted to ensure the appropriate representation of expertise and experience.

A variety of perspectives within the Board will be sought to ensure that the advice the Department and the Agency receives is comprehensive.  Members of the Board will include but are not limited to the following:

• scientists, researchers, academics, and individuals with expertise, knowledge, and experience relevant to the mandates of the Department and the Agency, i.e., Aboriginal health;
• health professionals, including those with practical and clinical experience;
• those with practical experience or expertise in relevant consumer or patient issues;
• industry.

In addition to the required expertise and experience, and diversity of perspectives the Department and the Agency will also consider:

• availability and willingness to serve;
• professional standing;
• affiliations and interests;
• demonstrated ability to provide impartial advice;
• demonstrated ability to work in a committee environment; and
• demonstrated ability to exercise independent judgment.

The overall composition of the Board is intended to reflect geographic, gender and ethnic diversity and represent both official languages.

Board members serve as individuals on the basis of their expertise. They do not represent organizations, and should neither request nor receive instruction from any person or organization external to the Board in order to inform their advice to the Department and the Agency.

4.2 Ex officio members

Ex officio members of the Board are: the Deputy Minister of Health, the Associate Deputy Minister, the Chief Public Health Officer and the Chief Scientific Advisor of PHAC, the Executive Director of the Pest Management Regulatory Agency, all Health Canada and PHAC's Assistant Deputy Ministers, the Chair of the Health Canada and PHAC's Research Ethics Board and the President of the Canadian Institutes for Health Research. Ex officio members may participate in the meeting's deliberations however; they do not participate in the formulation of the advice and have no voting powers.

4.3 Ad hoc members

The Chair or the Secretariat may invite ad hoc members to attend particular meetings or join the Board for a defined time period.  Ad hoc members follow the same rules and procedures as core members and provide advice on a particular topic or agenda item.

4.4 Affiliations and Interests

To be considered for appointment, potential members of the Science Advisory Board are required to complete and return the Affiliations and Interests Declaration Form for Advisory Body Members.

In keeping with the  Privacy Act, a completed Affiliations and Interests Declaration Form is considered confidential. Neither Health Canada nor the Agency will make public any information in the form without the members' permission. However, as a condition of membership, members will allow Health Canada and the Agency to publish on its Web sites, a Summary of Expertise, Experience, and Affiliations and Interests, which will be based on the completed declaration form.

In addition to publishing the summary, the Department and the Agency or the Chair may also ask members to make a verbal statement of their relevant affiliations and interests at the beginning of each meeting.

It is incumbent upon the member to update their declaration in writing, should their personal situation change. The Department and the Agency will review declarations prior to appointment and on an ongoing basis as updates occur.

Members are expected to conduct themselves in an appropriate manner; the use of their positions cannot be reasonably construed to be for their private gain or that of any other person, company, or organization.

4.5 Security Clearance

Members are required to undergo a security clearance to the "reliability status" level. This may require the member to submit fingerprints to the RCMP. Once granted, a security clearance will be valid for the applicable period. The secretariat supplies the paperwork to members.

4.6 Confidentiality

In order to support their ability to provide well-informed advice, Board members may receive and discuss at meetings information from the Department or the Agency that is confidential in nature. Every person must sign a confidentiality agreement before participating in the Board as a member, invited guest, observer, or resource person. The agreement prohibits the disclosure of any confidential information received through participation in the Board, including information received orally or in writing. The Secretariat will mark information according to the level to which it is protected under the  Government Security Policy.

The chair will ensure that everyone participating in the meeting, telephone discussion, e-mail exchange or in another form of communication has received clear instructions on the confidentiality of the proceedings.

4.7 Legal Assistance and Indemnification

All members serve on the Science Advisory Board on a volunteer basis. Health Canada undertakes to provide its volunteer advisory body members with protection against civil liability provided the volunteer member acts in good faith, within the scope of their volunteer duties; and does not act against the interests of the Crown.

Members act collectively as an advisor to Health Canada with respect to the mandate of their advisory body but they are not final decision-makers. The Department has the ultimate responsibility and accountability for any decision resulting from the advice received from an external advisory body.

4.8 Travel and Expenses

Members will be reimbursed for expenses incurred during their work on the Board, such as travel accommodation and out-of-pocket expenses, according to the Treasury Board's  Travel Directive and  Hospitality Policy.

4.9 Tenure

Board members, including the Chair and Vice-Chair, are appointed for a three-year renewable term.  A member's term expires when notified by the Deputy Minister or terminated by the member.  All members serve on the Board on a volunteer basis and receive no remuneration for their service.

Members who are unable to attend three consecutive Board meetings will be requested by the Chair to reconsider their commitment.

4.10 Process of resignation

Members will provide 14 days notice of their intent to resign. The resignation notice must be in writing and be addressed to the Executive Secretary, copying the Chair.  The letter should state the effective date of resignation.

4.11 Reasons for termination

A member's failure to act according to the Terms of Reference may give cause for termination. If this is the case, the Executive Secretary will advise the member in writing, stating the reason for the termination and the effective date.

5. Roles and responsibilitiesS

5.1 Members

Members of the Science Advisory Board have a responsibility to Health Canada and the Public Health Agency, and, by extension, to Canadians to offer their independent and objective advice. Other responsibilities include:

• being available and prepared to participate in meetings;
• providing comments on meeting proceedings before the advisory body prepares its advice to the Department and Agency;
• notifying the Executive Secretary and the Chair of any changes in the status of their affiliations and interests relevant to the mandate.

5.2 Chair and Vice-chair

In addition to all the responsibilities of a member, the Chair is responsible for the following:

• overseeing and chairing meetings, including consulting with the Executive Secretary to draft the meeting agenda;
• deciding if all, or part of, a meeting should be held in private, in consultation with and subject to particular requests from the Executive Secretary;
• providing input to the Executive Secretary on the selection of members;
• consulting with the Executive Secretary to end the appointment of an advisory body member;
• consulting with the Executive Secretary to determine whether to limit the participation of a member in a meeting, depending on the nature of the person's affiliations or interests;
• coordinating the work of the advisory body;
• facilitating discussion among members before preparing advice or recommendations for the Department and Agency; and
• ensuring that all members agree with, or note their disagreement with, the advice in the proceedings.  

If the chair is unavailable, the Vice-chair assumes the role of Chair.

5.3 Secretariat

The Board is supported by a Secretariat located in the Science Policy Directorate in the Strategic Policy Branch of Health Canada. The Secretariat:

• coordinates the preparation of meeting agendas; drafts meetings' proceedings and reports;
• coordinates meeting logistics including travel arrangements for members, and the reimbursement of travel expenses;
• provides guidance to the Board on matters of governance, regulations and policies that form the context within which the Board conducts its work;
• coordinates the preparation of information for the advisory body and marking it according to the level to which it is protected under the  Government Security Policy, including the processes for the Affiliations and Interests Declaration Form for Advisory Body Members, Confidentiality Agreement, and security clearance; and member biographies; 
• acts as a liaison for the Board with the Department and the Agency, and if necessary, other federal/health portfolio advisory bodies;
• maintains the area on Health Canada's Web site containing information pertaining to the SAB, ensuring that information about the Board, its mandate, or work that may be posted is available in a timely manner;
• prepares, in consultation with the Chair, the meetings proceedings which are presented to the Deputy Minister and the Chief Public Health Officer;
• assists in the preparation of  the member designated as media spokesperson, as appropriate;
• monitors and evaluates the efficiency and effectiveness of the advisory body; and
• carrys out additional duties as appropriate in support of the advisory body. 

5.4 Executive Secretary

The Assistant Deputy Minister of Strategic Policy Branch, Health Canada is the Executive Secretary representing the Department and Agency and makes decisions about the advisory body and its advice. The Executive Secretary works closely with the Chair and Secretariat. The Executive Secretary reports to the advisory body at the beginning of each meeting on next steps and the consideration of the advice received.

5.5 Media and communications

Official discussion of the Science Advisory Board's work with the media or at conferences or other external events should be done only when the Executive Secretary has given authorization. The Executive Secretary, in consultation with the Chair, will appoint a member to be the media spokesperson when circumstances warrant this.

All media requests related to the Board's statements or activities will be directed to Health Canada Media Relations who will coordinate responses with the Executive Secretary and the designated media spokesperson. 

6.0 Management and Administration

6.1 Transparency

Transparency of the Science Advisory Board is served by:

• ensuring that meeting schedules are predictable, where possible; and
• the posting of SAB materials, with confidential and personal information removed, on Health Canada and PHAC's Web sites.
• these materials include:
  • Terms of Reference
  • Biographies of members
  • Summary of Expertise, Experience, and Affiliations and Interests of members
  • Meeting proceedings
  • Science Advisory Board Annual Report
  • Other relevant documents as appropriate

6.2 Meeting agendas

Specific questions and issues for SAB discussions will be determined by the Executive Secretary in consultation with the Chair and with input from the members.  Members may be canvassed for relevant agenda items during scheduled meetings and may provide suggestions at any time.

6.3 Meeting notice and invitations

All meetings are held at the call of the Executive Secretary in consultation with the Chair. Meeting attendance is by invitation only. The Secretariat sends out the invitations to attend a meeting. Members generally receive the agenda, presentations, and briefing material two weeks in advance of a meeting. 

6.4 Frequency, type, and location of meetings

The Board shall hold at least two meetings per year in Ottawa and may hold such other meetings as deemed necessary for the Board to address its responsibilities, at the discretion of the Executive Secretary, in consultation with the Chair. A quorum of members available (50% + 1 of regular members) is required to hold a meeting of the Board.

Members should make every effort to ensure that a secure line is used for teleconferences and that only people who have been approved by the chair and secretariat can listen to the proceedings. The Board shall conduct its business in accordance with these Terms of Reference and the Health Canada Policy on Managing External Advisory Bodies.

6.5 Observers

The Executive Secretary, or the Chair in consultation with the Executive Secretary, may allow individuals, organizations, or members of the general public to observe a meeting, or parts of a meeting. Observers do not provide input on agenda items and do not participate in the formulation of advice or recommendations to the Department and the Agency.

6.6 Invited guests

The Executive Secretary, or the Chair in consultation with the Executive Secretary, may invite individuals with particular expertise or experience to provide input on a specific topic or agenda item. Invited guests do not participate in the formulation of advice or recommendations to Health Canada and the Public Health Agency.

A limited number of federal employees may be permitted to observe SAB meetings. Priority consideration will be given to those officials whose duties are of relevance to the meeting agenda.

6.7 Deliberations and reports

Advice from the Board is in the form of a meeting summary or proceedings. The Board is encouraged to reach a consensus in providing advice whenever possible. When a consensus is not possible, the meeting summary will reflect the diversity of opinions.

Meeting summaries will be prepared by the Secretariat and circulated to members for review and final approval by the Chair and Executive Secretary. Meeting summaries will effectively summarize the proceedings to reflect the advice offered. Reports are non-attributable: there will be no references to comments made by individual members. Final meeting summaries are available to the public on Health Canada and PHAC's Web sites (under the Science Advisory Board).

There will also be an annual report on the advisory body, produced by the Secretariat in consultation with the Chair and members. The report will be presented to the Deputy Minister and the Chief Public Health Officer and made available to the public through the Department and the Agency's Web sites.

6.8 Review

The Secretariat will ensure that the mandate, membership, activities, Terms of Reference, and relevance of the Board are reviewed by the Executive Secretary and chair every two years to ensure that the SAB continues to meet ongoing needs. The Department and the Agency retain the prerogative to disband the SAB following such a review. Recommendations for improvement will be considered on an ongoing basis.

The Deputy Minister and the Chief Public Health Officer have the sole authority to approve revisions to the Terms of Reference.