Terms of reference

Context

Canadians rely on infrastructure to support our quality of life, tackle climate change, and enable our economy to flourish by driving productivity and long-term growth. Ensuring that all orders of government and the private sector are collectively investing in the right infrastructure assets is essential to Canada's economic, environmental, and social objectives.

That is why the Government of Canada is committed to supporting Canada's long-term infrastructure planning by developing a National Infrastructure Assessment (Assessment), a foundational tool for infrastructure decision-making across Canada to support identification of needs and priorities in the built environment. This initiative seeks to improve the planning and prioritization of infrastructure investments. Linking infrastructure investments with long-term policy outcomes, informed by a credible evidence base, will help inform public infrastructure spending to support the achievement of economic growth, social equity and inclusion, climate resilience, and net-zero greenhouse gas emissions by 2050.

To support this commitment, the Minister of Housing, Infrastructure and Communities (Minister) has established the Canadian Infrastructure Council (Council).

Mandate

The Council's mandate is to provide all orders of government with impartial, evidence-based research and analysis – developed openly and transparently – to help improve infrastructure planning and decision-making in Canada. The Council's primary focus will be the development of an Assessment to provide an evidenced-based picture of Canada's infrastructure needs and priorities in the built environment.

Reporting to the Minister, the Council will:

• Develop National Infrastructure Assessment(s);
• Develop evidence-based research or analysis on key infrastructure issues; and,
• Provide analysis and/or advice on any other matter referred to the Council by the Minister.

In developing this work, the Council will operate in an open and transparent manner, taking into account a diverse set of perspectives by engaging with the public, policy makers, infrastructure experts, and relevant bodies, and drawing on a broad range of expertise.

The Council will assume an advisory role and will not be reviewing the policies or programs of any order of government. Other levels of government retain their decision-making authority in all cases. Creating the Council does not limit the Minister's access to other sources of information or advice.

Priority-setting

The Minister will establish priorities and direct the Council on specific areas of focus for their work and deliverables. These Ministerial expectations will be updated on a regular basis, at the Minister's discretion. In response, the Council will communicate, in an open and transparent manner, how they plan on approaching their work.

Duration

The Council will be in place until March 31, 2027.

Membership

The Minister is responsible for inviting candidates to participate in the Council. The Council is composed of no more than eleven members, who are appointed on a part-time basis for a renewable term of up to three years and who serve at the pleasure of the Minister. The Minister designates a chair and vice-chair from among the members appointed.

When making appointments, the Minister will take into account a number of considerations including, but not limited to:

• Senior-level experience in infrastructure planning, infrastructure investment prioritization and/or infrastructure project delivery;
• Infrastructure-related sectoral expertise, including knowledge of current issues and significant actors, initiatives and organizations; and,
• Perspectives and experience in the infrastructure sector, such as municipal, Indigenous, regional, provincial and territorial.

Members serve as individuals. They do not represent any organization with which they may be affiliated.

Members

All members are responsible for:

• Working with other members to contribute to the development of the Assessments, specific studies, and other deliverables requested by the Minister;
• Building the evidence-base through research and data development, and by engaging relevant stakeholders;
• Attending meetings, leading or serving on subcommittees as needed, and contributing to the development of the Council's work; and,
• Demonstrating high standards of corporate governance and ethics at all times, consistent with the Conflict of Interest section of these Terms of Reference.

All members are prohibited from disclosing any confidential or non-public information received as part of their involvement in the Council. This applies to information received in writing or orally, including through email correspondence, telephone calls, and print materials, as well as during presentations and discussions.

Chair

In addition to their responsibilities as a member, the Chair is responsible for:

• Chairing Council meetings in a manner that ensures objectives are met, all members are heard and respected, discussions are within the mandate, consensus is built, and decisions or next steps are clear and communicated;
• Providing leadership and oversight on lines of inquiry, deliverables, engagement, research, analysis, and advice;
• Leveraging the skills, experience and expertise of other members; and,
• Liaising with the Secretariat within the Department of Housing, Infrastructure and Communities Canada on the day-to-day functioning of the Council.

Vice-Chair

In addition to their responsibilities as a member, the Vice-Chair is responsible for:

• Assisting the Chair, as appropriate, in fulfilling all responsibilities and duties of the Chair as outlined above; and,
• Assuming the role of the Chair when the Chair is absent or otherwise not available.

Secretariat

A dedicated Secretariat within the Department of Housing, Infrastructure and Communities Canada, reporting through the Department's Deputy Minister, will provide the necessary support to the Council to carry out its mandate. It is important to note that the Secretariat is not a part of the Council, but rather provides support to it.

The primary role of the Secretariat is to coordinate and support the Council in its work including:

• Advising on the discharge of the Council's mandate as set out in these Terms of Reference, as well as any referred matters from the Minister;
• Providing professional support, including research, analysis and drafting of text or supporting documents, at the direction of the Council;
• Coordinating and facilitating Council meetings and preparing minutes;
• Providing data/information gathering and analysis for the Council as requested;
• Managing budgets, remuneration and expenses, including any contracting or funding to third parties, including of any roles within secretariat purview;
• Liaising with the Government of Canada and strategic partners.

Engagement

The Council will work closely with other relevant federal bodies tasked with providing advice to the Government of Canada, as well as with relevant advisory groups established by provincial, territorial and Indigenous governments.

The Council is expected to conduct engagement, which may include engaging with the Canadian public; provinces and territories; municipalities; Indigenous governments or organizations; civil society, industry or other stakeholders; experts; and, international bodies.

Conflict of interest

All Council members serve as individuals, not as representatives of any particular organization, area or special interest. Council members are expected to contribute to the initiatives of the Council in a manner that reflects the broad national interest. Members are required to disclose activities that could place them in a conflict of interest with respect to the work of the Council and recuse themselves from providing input where there is a real or perceived conflict in accordance with the Conflict of Interest Act. Members will notify the Secretariat and the Chair of any changes in their affiliations and interests related to the Council's mandate during their tenure. Guidance on conflict of interest will be provided to the Council, and may be periodically reviewed and adjusted to ensure the most objective advice is given.

Values and ethics

As they carry out their work, Council members are expected to demonstrate behaviours that afford respect, equality and dignity to everyone they interact with at all times in accordance with The Values and Ethics Code for the Public Sector.

Intellectual property

Intellectual property rights arising out of the work of the Council will rest in His Majesty The King in Right of Canada, as represented by the Minister of Housing, Infrastructure and Communities, further represented by the Department of Housing, Infrastructure and Communities Canada.

Public disclosure

In keeping with its policies on openness and transparency, the Department of Housing, Infrastructure and Communities Canada may make public, information about the Council, its mandate, advice, or reports, as permitted or required by law and policy, including the Access to Information Act.

Housing, Infrastructure and Communities Canada will disclose any information required to comply with an audit ordered by the Office of the Auditor General of Canada.

Official languages

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

Compensation and expenses

The members of the Council who are appointed by the Minister will be remunerated for their work on the Council. Their remuneration will be determined by the Minister, following the guidelines of other advisory councils and best practices observed.

The members are also entitled to be reimbursed, in accordance with relevant Treasury Board directives, for expenses related to the travel, living and other expenses incurred in connection with their work for the Council while absent from their ordinary place of residence.

Protocol

Public communications about the Council and its work will be managed by the Secretariat within the Department of Housing, Infrastructure and Communities Canada, including media inquiries. Any Council-related media inquiries directed to Council members shall be redirected to the Secretariat.

Operating procedures

The Council may adopt operating procedures to govern its operations, including quorum, consensus building, and other administrative matters.