Sustainable Jobs Partnership Council Terms of Reference

On this page

• Context
• Mandate
  • Partnership Council Responsibilities
• Engagement
  • Indigenous Engagement
• Analysis and Research Activities
• Collaboration with the Net-Zero Advisory Body
• Meetings With Government of Canada Officials
• Deliverables
  • Annual Report
  • Report on a Particular Matter and Progress Report
  • Membership
  • Information Management
  • Conflict of Interest Provisions
  • Member Responsibilities
  • Co-chair Responsibilities
• Operating Procedures
• Secretariat and Other Supports
• Travel and Expenses
• Official Languages
• Public Disclosure
• Intellectual Property
• Reporting and Transparency
• Annex A
  • Policies and procedures regarding the treatment and safeguarding of sensitive or personal information

Context

The Canadian Sustainable Jobs Act (the Act) provides accountability, transparency, governance, and engagement to support the creation of sustainable jobs for workers and economic growth in a net-zero economy (as defined in the Canadian Net-Zero Emissions Accountability Act) and to support workers and communities to enable them to prosper in the low-carbon economy, supported by public input and expert advice.

The Act establishes the Sustainable Jobs Partnership Council (the Partnership Council). The Partnership Council will act as an advice-giving body reporting to the Minister and will provide independent advice to the government via the Minister and specified ministers on those matters set out in sections 6 (1) and 7 of the Act.

Section 6 of the Act mandates the Minister to establish the Terms of Reference and provides further direction, including the conditions for amendments.

In accordance with Section 6 (4) of the Act, these Terms of Reference and any amendments to them are public.

Mandate

The mandate of the Sustainable Jobs Partnership Council is set out in Section 6 (1) of the Act. It directs the Partnership Council to use the process of social dialogue (as defined in Section 2 of the Act) to develop independent advice for the Minister and specified ministers on those matters related to sustainable jobs set out in Sections 6 (1) and 7 of the Act. Lines of inquiry developed by the Minister and set at regular intervals will serve to direct the Partnership Council’s focus for each annual report.

Partnership Council Responsibilities

Section 7 of the Act sets out the Partnership Council’s responsibilities in relation to the advice it provides, as well as to engagement with partners and stakeholders. The Partnership Council must also consider the principles that the Government of Canada has developed to guide its work on sustainable jobs (set out in the preamble portion of the Act).

The Partnership Council will engage with the public, including partners and stakeholders, when developing its advice to the Minister.

The Partnership Council does not speak for Natural Resources Canada or the Government of Canada.

Engagement

As part of the development of its advice, the Partnership Council will undertake engagement with the public, including those partners and stakeholders that are directly affected by the transition to a low-carbon economy. The Partnership Council will produce an engagement plan, with support from the Sustainable Jobs Secretariat (the Secretariat), that will be made available on its website for the purpose of transparency and to allow for adequate preparation time for partners and stakeholders.

Stakeholder engagement will include opportunities to hear from rural, remote or resource-dependent communities, official language minority communities, and Indigenous voices, particularly those in resource-dependent communities, and will take into account the unique needs of these communities.

The plan will outline opportunities to receive feedback from individuals and organizations at a national, provincial, territorial, and community level, such as:

• members of the public;
• provincial and territorial governments;
• municipalities;
• Indigenous governments or organizations;
• workers;
• trade unions;
• regional or sectoral organizations that bring employers and employees together to discuss workforce issues;
• youth;
• civil society;
• official language minority communities;
• industry (individually or through associations);
• organizations specializing in (re)training and in data collection and analysis specific to the transition to a net-zero economy;
• international experts and bodies; and
• other stakeholders and experts.

The Partnership Council will consider the use of a range of engagement mechanisms, as appropriate and based on capacity and resource availability, such as written submissions, town halls, focus groups, one-on-one meetings, tours of facilities, interviews, and/or digital/remote meetings. The Partnership Council should use in-person engagement activities when feasible and appropriate.

With the prior agreement of the Partnership Council, members of the Secretariat may attend the Partnership Council’s engagement activities.

The Partnership Council may request (through the Secretariat):

• advice from federal departments;
• advice from other federal advisory bodies with similar mandates and objectives, including those focusing on net-zero, sustainable development and youth and youth perspectives, unless other arrangements have been made for the Partnership Council to contact these bodies directly; and
• governments of other countries.

Indigenous Engagement

As a component of the engagement plan, the Partnership Council will specifically outline how it will integrate the perspectives of Indigenous Peoples on key areas of inquiry to ensure that this forms a central component of the Partnership Council’s considerations and to allow for proper planning and preparation.

The Partnership Council will consult those members who represent Indigenous Peoples in the development of the engagement plan and will seek advice, through the Secretariat and from Natural Resources Canada and other federal government departments, as appropriate.

Analysis and Research Activities

The Partnership Council may draw from existing relevant domestic and international research and analysis to inform its advice. When utilizing external research or analysis, the Partnership Council must respect the proper reference to, and citation of, external source material.

Where original research is necessary, the Secretariat will either undertake this work or engage a third party (on behalf of the Partnership Council) to do the work, in line with operational budgets and Government of Canada contracting policies and directives, and subject to relevant confidentiality and intellectual property provisions.

Subject to relevant confidentiality and intellectual property provisions, research conducted by the government, or on its behalf, may be shared with the Partnership Council through the Secretariat, where relevant and where the originating department agrees.

The Partnership Council may also communicate with other relevant organizations, including advisory bodies, established by federal, provincial, territorial, and Indigenous governments and organizations and with those established in other countries for the purposes of, and in accordance with the provisions set out in, the Act and these Terms of Reference.

Collaboration With the Net-Zero Advisory Body

The ministers of Energy and Natural Resources and of Environment and Climate Change have agreed that the Partnership Council and the Net-Zero Advisory Body will share and coordinate advice to encourage collaboration between the two groups, support complementarity of their respective lines of inquiry, and avoid duplication of efforts.

Meetings With Government of Canada Officials

The Partnership Council will meet at least three times annually, including one in-person meeting, with senior government officials from departments that support the Minister and specified ministers to, for example, exchange views on issues, trends and outlooks; discuss policy and advice considerations and implications; and provide updates on engagement activities and events.

The date and the description of these meetings, as well as a summary of the discussion, shall be included in the annual report.

Deliverables

Annual Report

Sections 11 to 13 of the Act specify that the Partnership Council’s advice and a summary of its activities are to be submitted in an annual report to the Minister and specified ministers. The report and the Minister’s response to the report will be made public on the appropriate Government of Canada website.

The annual report will include:

• a summary of the activities, including any meetings with elected officials, the topic of each meeting and a list of attendees;
• a summary of the engagement undertaken within the previous year, including a summary of feedback from stakeholders, partners and the public;
• advice to the Minister, including a summary of any advice provided to the Minister within the previous year;
• any advice on potential areas of cooperation with the governments of the provinces and territories and other governments in Canada in relation to the Sustainable Jobs Action Plan or the purpose of this Act; and
• any other information the Partnership Council deems appropriate including but not limited to:
  • brief biographies, including the position on the Partnership Council and summaries of member affiliations;
  • the lines of inquiry as set by the Minister, as well as any confirmed future lines of inquiry and other lines of inquiry set by the Partnership Council, if applicable;
  • a summary of the considerations that informed the Partnership Council’s advice;
  • a summary of any salient differences of opinion should all members not agree with the advice.

Report on a Particular Matter and Progress Report

Section 14 of the Act specifies that the Minister may request a report from the Partnership Council on a particular matter relating to the creation of sustainable jobs or the shift to a net-zero economy. The Minister may also request a written progress report on specific activities under Section 15 of the Act. The Act does not require that the Minister make these reports public, but they may choose to do so. The Partnership Council may also summarize this work in its annual report.

Membership

Partnership Council members serve as individuals and speak on behalf of their stakeholder or partner group as a whole rather than their specific employer or organization. As such, members are expected to speak to the broader perspectives of the stakeholder and partner groups with which they are affiliated.

All members will abide by applicable legislation and the Terms of Reference, including its annexes. Legislative requirements supersede the Terms of Reference in the event of any inconsistency.

Information Management

The obligation to protect government, sensitive, personal, and confidential business information, Indigenous traditional knowledge, and any other confidential information provided to the Partnership Council and its staff is the sole responsibility of the Partnership Council and staff.

Members and staff will be required to sign a confidentiality agreement setting out the treatment by Partnership Council members and staff of specified information that may be shared for the completion of the Partnership Council’s work.

Information received from the Government

In accordance with all applicable federal laws and regulations, directives (including cabinet directives), policies and procedures including but not limited to the Privacy Act, the Government of Canada, through the Secretariat, may share relevant information with the Partnership Council and staff on an ad hoc basis for use by the Partnership Council in fulfilling its mandate.

Members and staff are prohibited from disclosing any information that is designated as sensitive or privileged and received in any format, including through electronic correspondence, telephone calls, and print materials, as well as during presentations and discussions, as part of their involvement in the Partnership Council. Sensitive or privileged information will be clearly identified as such by the Secretariat when it is shared with the Partnership Council.

Information received from stakeholders, partners and the public

The Partnership Council may only collect and use information from the public including stakeholders and partners for the purpose of fulfilling its mandate, including as set out in sections 6.1 and 7 of the Act.

The Partnership Council must establish policies and procedures regarding the safeguarding and treatment of sensitive or personal information disclosed to Partnership Council members and staff by stakeholders, partners, and participants, including but not limited to confidential business information,^{Footnote 1} personal information, or traditional Indigenous knowledge.

The requirements for the policies and procedures established by the Partnership Council with respect to the safeguarding and treatment of sensitive or personal information are set out in Annex A of these Terms of Reference.

At the beginning of every public engagement session, the Partnership Council will disclose to participants how the information shared during the engagement session will be recorded and used, who is participating in the session (e.g. a federal government representative, officials from other levels of government), and that participants can provide their information directly to the Partnership Council in an alternate manner. The Partnership Council will also request that Indigenous participants clearly identify any Indigenous traditional knowledge before it is shared so that the Partnership Council can receive and treat the information confidentially.

Conflict of Interest Provisions

Members of the Partnership Council are subject to all of the requirements, terms and conditions of part-time Governor in Council appointees (i.e. public office holders), including, but not limited to, the terms and conditions applying to Governor in Council appointees (External link), the Ethical and Political Activity Guidelines for Public Office Holders (External link), the Conflict of Interest Act (External link), the Values and Ethics Code for the Public Service, and the Lobbying Act (External link).

Members will be required to disclose to the Office of the Ethics and Conflict of Interest Commissioner any activities and interests that could place them in a conflict of interest with respect to the work of the Partnership Council and will recuse themselves from actively participating in discussions or providing advice where there is a real or perceived conflict. Members will notify the Secretariat and the co-chairs of any changes in their affiliations and interests related to the Partnership Council mandate during their tenure.

Guidance on requirements under the Conflict of Interest Act and the Lobbying Act will be provided to the Partnership Council. This guidance may be periodically reviewed and adjusted.

Member Responsibilities

In addition to the terms and conditions of part-time Governor in Council appointees, it is the responsibility of each Partnership Council member to:

• act in good faith and in the best interests of the Partnership Council as a whole;
• contribute to the development of advice, attend meetings consistently, lead or serve on subcommittees or work groups, and participate in engagement activities;
• review and endorse all public-facing reports or provide a written statement of a differing opinion if the Partnership Council is unable to achieve consensus on a specific element of advice in an annual report; and,
• notify the Secretariat and the co-chairs of any requests received for meetings with external parties where the member is—or is perceived to be—representing the Partnership Council and provide a formal debrief of any resulting meeting or exchange of information.

Absent members will be invited to send their views on issues for discussion or decision in writing to the co-chairs in advance of the meeting.

Co-chair Responsibilities

In addition to their responsibilities as members, the co-chairs will:

• chair meetings of the Partnership Council in a manner that ensures that objectives are met, all members are heard and respected, discussions are within the mandate, consensus is strived for, and decisions or next steps are clearly communicated;
• provide leadership and input on deadlines, analysis and priorities undertaken by the Partnership Council;
• recommend members for participation in events;
• review and approve the content of all public-facing reports;
• represent the Partnership Council and its views, as appropriate, in dealings with other bodies, groups, and organizations, as well as to the public and media;
• meet with the Secretariat, as required, to identify any concerns and discuss the effectiveness and efficiency of the Partnership Council; and,
• ensure the timely delivery of the reports set out in sections 11, 14, and 15 of the Act.

Operating Procedures

The Partnership Council may adopt operating procedures put forward by the co-chairs to govern its internal operations, including quorum requirements, consensus building, meeting frequency, and select administrative matters.

Secretariat and Other Supports

The Sustainable Jobs Secretariat is managed by and housed within Natural Resources Canada; its role is set out in Section 20(2) of the Act. The Partnership Council and the Secretariat are separate bodies. While the Secretariat provides administrative and policy support to the Partnership Council to assist the Partnership Council in achieving its objectives and Secretariat staff meet regularly with the Partnership Council co-chairs, the Secretariat and its staff do not report to the Partnership Council.

Travel and Expenses

The members are entitled to be reimbursed, in accordance with Treasury Board directives, for travel, living and other expenses incurred in connection with their work for the Partnership Council while absent from their ordinary place of residence. Support for reimbursement will be provided by the Secretariat.

Official Languages

In keeping with the federal Official Languages Act, Partnership Council members have the right to receive documents from the Secretariat and participate in discussions with the Government of Canada in the official language of their choice.

Participants will have the opportunity to identify their official language of choice ahead of events; Partnership Council engagement activities will include interpretation services in both official languages, where required. At least one individual will be available, either from the Partnership Council or the Secretariat, to receive and respond to questions in the participants’ official language of choice.

To support the inclusion of official language minority communities (OLMC) in engagement events to the greatest possible extent, where designated OLMCs are within 250 km of Partnership Council engagement sessions, the associated OLMC institutions (e.g. academic institutions, career and training centres) will be proactively invited to attend. In addition, OLMC institutions will be proactively invited to virtual engagement sessions where the unique needs of OLMCs will be considered and/or where there is anticipated relevant social dialogue.

Public Disclosure

In keeping with certain provisions under the Act and the Government of Canada’s policies on openness and transparency, NRCan may make public information about the Partnership Council, its mandate, advice, or reports, as permitted or required by law and policy, including through the Access to Information Act.

NRCan will disclose any information required to comply with an audit ordered by the Office of the Auditor General of Canada or with a Parliamentary review of the Partnership Council.

Intellectual Property

Intellectual property rights arising out of the work of the Partnership Council and any third party contracted to conduct research and analysis or reporting on behalf of the Government of Canada will rest with His Majesty the King in Right of Canada, as represented by the Minister of Natural Resources.

Reporting and Transparency

While the Partnership Council will operate independently in developing its advice, it is accountable to the Minister in terms of its operations.

Through its website, the Partnership Council will publicly communicate non-confidential information, including:

• summaries of official Partnership Council engagement events;
• engagement plan(s); and,
• other documents as appropriate.

Annex A

Policies and procedures regarding the treatment and safeguarding of sensitive or personal information

Any sensitive or personal information provided to the Partnership Council when fulfilling its obligations under the Act will only be used in aggregate or anonymized form, including in written reports, to support the fulfilment of their mandates unless prior written consent to do otherwise was provided by the individual, business or Indigenous group or other entity, as the case may be.

The policies and procedures established by the Partnership Council must include the following requirements:

1. No sensitive or personal information will be collected, stored or used other than for the purposes of fulfilling its obligations under the Act;
2. When collecting or receiving sensitive or personal information, the purpose for which the information is collected will be fully disclosed in advance to the parties disclosing the information;
3. The Partnership Council will provide on its website means to contact its members, should an individual wish to convey sensitive, personal, confidential information or Indigenous traditional knowledge to the Partnership Council;
4. No sensitive or personal information will be shared with any third party including, but not limited to, members and staff’s employers or organizations or the broader stakeholder community from which they are drawn, except in aggregate or anonymized form;
5. Any sensitive or personal information collected by the Partnership Council and staff shall only be retained until it is no longer required for the purpose for which it was collected;
6. Indigenous traditional knowledge, identified as such by the disclosing party, will be kept confidential by the Partnership Council;
7. Procedures to ensure the continued protection of sensitive or personal information until its secure disposal;
8. Procedures for the secure and final disposal of all sensitive or personal information provided to the Partnership Council and staff when no longer required to fulfill the purpose for which it was collected including the destruction of all paper, electronic and other forms of storing and retrieving information.