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The Ministerial Council On HIV/AIDS

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Annual Report April 1, 2004 - March 31, 2005

7.0 Appendices

For further information, please see the following appendices:

Appendix 1: Terms of Reference for the Ministerial Council on HIV/AIDS

Mandate: To provide advice to the Minister of Health on pan-Canadian aspects of HIV/AIDS

Role:

  • To monitor and evaluate the implementation of the Canadian Strategy on HIV/AIDS and to support its effectiveness and its flexibility to meet changing circumstances
  • To be a champion to ensure that current and emerging issues are being adequately addressed
  • To be visionary in providing long-term directions.

Reporting and Scope:

The Ministerial Council on HIV/AIDS will provide independent advice to the Minister of Health on pan-Canadian aspects of HIV/AIDS, and will report to the Minister annually. Meeting minutes, recommendations and other materials produced by the Council will be available to the general public.

The Minister will meet at least once a year with the Council and review its recommendations, and every December 1 st, the Minister will announce what progress has been made towards achieving the goals of the Canadian Strategy on HIV/AIDS. The Council has no decision-making authority over operational or regulatory functions or programs, nor will it be responsible for the implementation of its advice.

Membership

Appointments and Structure

The Minister of Health will appoint a maximum of 15 members to the Ministerial Council on HIV/AIDS. A minimum of five (5) seats will be held by people living with HIV/AIDS, and consideration will be given to ethnocultural diversity, gender and regional balance on the Council.

From among Council members, the Minister will appoint Co-Chairs, one of whom will be a person living with HIV/AIDS. To help ensure that the Council influences a truly integrated approach that cuts across lines of government, the provincial Co-Chair of the FPT Advisory Committee on AIDS will hold an ex officio position on the Council. In order to provide technical advice and to facilitate coordination, one or more officials from Health Canada may hold ex officio positions. Federal and provincial government observers may attend meetings as required.

The membership structure of the Council will provide five (5) seats for professional/technical experts to be drawn from the following areas: the private sector; biomedical research; clinical trials; psycho-social research; and medicine (education, primary care physicians/nurses, regional/public health). The balance of the voting membership (10 seats) will be drawn from national HIV/AIDS organizations, community organizations and front-line workers. These members should have expertise in treatment issues, ethics/law/human rights and/or international issues, knowledge and experience with one or more groups at risk of HIV/AIDS.

Member Selection

In selecting members, consideration will be given primarily to: individual expertise in a number of issues that reflect the diverse realities of HIV/AIDS in Canada and, in particular, knowledge and front-line experience concerning emerging at-risk groups; and the need for an overall balance of expertise on the Council.

Accountability

Although Council members will be expected to conduct themselves as individual experts, affiliation with a national stakeholder organization, community organization, business, or institution with HIV/AIDS activities will enable a strong link for policy and advice based on direct experience from those infected and affected, including those potentially at risk, as well as those working in the field. Many emerging at-risk groups, however, have neither a community identity nor a national voice. For this reason, it is essential that experts, lacking an affiliation with a recognized HIV/AIDS organization, not be excluded from the Council. Members should bear responsibility for the needs of the plurality of individuals, communities, organizations, and sectors infected and affected by HIV/AIDS, while rising above any corporate interest of an organization with which they might be affiliated.

Term of Appointment

Members will be appointed by the Minister of Health for such periods as the Minister may determine, but usually for terms of one to two years. Appointments will be scheduled to ensure continuity as well as systematic rotation of membership. At the expiration of that period, the appointment normally will end; however, the Minister may review the appointment when renewal is warranted by specific Council activities. After one year, and thereafter at the Minister's discretion, the mandate, terms of reference and membership of the Council will be reviewed and adjusted to respond to changing needs.

Committees and Working Groups

The Council may establish an executive committee, standing committees and working groups to assist it in its work. Standing committees and working groups must include at least one Council member, and they will report to the Co-Chairs of the Ministerial Council on HIV/AIDS.

Support

Health Canada will provide administrative and technical support to the Council.

Legal Consideration

Conflict of Interest

Council members, who are also a member of any HIV/AIDS organization in receipt of government contributions, would find themselves in a conflict of interest situation if they were to influence the Council in a way that would benefit that member's organization.

While it is acceptable that a Council member be affiliated in some fashion with an HIV/AIDS organization, that individual must conduct him/herself as an independent expert and comply with Health Canada guidelines on conflict of interest.

Responsibilities

Members

  1. adhere to the Goals and Principles of the Canadian Strategy on HIV/AIDS
  2. work positively, co-operatively and respectfully with other Council members, observers and secretariat staff
  3. respect and support Council decisions once these have been reached
  4. in order to provide a direct link between the Council and working groups or standing committees, be prepared to serve on at least one committee or working group
  5. abide by Health Canada conflict-of-interest guidelines
  6. exercise and encourage frugality in all Council activities (meeting venues, accommodation, transportation, publications, etc.).

Council

  1. adhere to the Goals and Principles of the Canadian Strategy on HIV/AIDS
  2. review the reporting/evaluation framework and all external evaluations of the Strategy
  3. encourage open and forthright examination of all issues and, when considering conflicts between particular interests, act in the greater interest of all infected, affected and at-risk Canadians
  4. mediate and strive for consensus when addressing emerging issues that call for a shift in limited resources
  5. assess whether potential Council activities might duplicate or be more effectively or efficiently handled by other HIV/AIDS organizations or agencies
  6. annually establish Council objectives, work plan and timetable
  7. annually evaluate Council performance against work plan objectives.

Health Canada

  1. adhere to the Goals and Principles of the Canadian Strategy on HIV/AIDS
  2. collaborate with the Council in an open and transparent manner
  3. upon request by the Council, provide timely access to all available public documentation related to Strategy activities and budgets.

1 Health Canada, Corporate Services Branch, Policy Guide for the Management of Advisory Committees in Health Canada , Section 3.2 and Appendix 3, 23 June 199

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