News

Environmental Appeal Board/Forest Appeals Commission/Oil and Gas Appeal Tribunal – Chair

Canada, British Columbia

Requisition # 2318462
Job Location Canada-British Columbia-ALL
Job Stream Environment
Job Type Appointment, Full-Time
Number of Positions Open 1
Posting Date 18-Jan-2019
Expiry Date 28-Feb-2019
Educational Requirements N/A
Languages Required English

Job Description

Freedom of Information and Protection of Privacy Act (FOIPPA) – The personal information on this form is collected for the purpose of administering a variety of statutes that authorize the appointment of individuals to public sector organizations under the authority of section 26(a) of the FOIPPA. Questions about the collection or use of this information can be directed to the Crown Agencies and Board Resourcing Office by email at abc@gov.bc.ca or by telephone at 604 660-0465.

POSITION DESCRIPTION

The Position is the full-time Chair (of the Environmental Appeal Board, the Forest Appeals Commission and the Oil and Gas Appeal Tribunal (collectively, the “Tribunals”).

The Position also provides administrative oversight for professional staff who support five tribunals: the Community Care and Assisted Living Appeal Board, the Financial Services Tribunal, the Hospital Appeal Board, the Industry Training Appeal Board, and the Health Professions Review Board (collectively, the “Supported Boards”).

The Position oversees two separate offices which provide registry services, legal advice, research support, systems support, financial and administrative services, training and communications for a total of eight independent tribunals. The Position provides leadership and guidance to the three Tribunals, its 21 part-time members, and a total combined office of 13 professional staff.

BUSINESS AND STRUCTURE

A. The Tribunals

Business of the Tribunals

The Environmental Appeal Board, the Forest Appeals Commission and the Oil and Gas Appeal Tribunal are independent, quasi-judicial expert tribunals that were established by statute to hear appeals from specified decisions of government officials in the areas of environmental protection, and the allocation and management of publicly owned natural resources. Each tribunal operates at arm’s length from the government in their decision-making capacities.

The Tribunals decide the merits of an appeal by weighing the evidence, making findings of fact, interpreting the legislation and the common law, and applying the law and legislation to the facts. The Tribunals hear and determine complex cases under a quasi-constitutional jurisdiction and are required to render timely, well written decisions.

The Tribunals’ specific jurisdictions are as follows:

  • The Environmental Appeal Board is established under Part 8 of the Environmental Management Act. It adjudicates appeals from decisions made by government officials on environmental issues under eight statutes (Environmental Management Act, Greenhouse Gas Industrial Reporting and Control Act, Greenhouse Gas Reduction (Renewable and Low Carbon Fuels) Act, Integrated Pest Management Act, Mines Act, Water Sustainability Act, Water Users’ Communities Act, and Wildlife Act). The decisions that may be appealed under these statutes range from the issuance or refusal of water licences and hunting quotas, to contaminated site remediation orders and notices of contravention and penalty related to mining operations.
  • The Forest Appeals Commission is established under Part 8.1 of the Forest and Range Practices Act. It adjudicates appeals from decisions made by government officials on matters related to forests and the environment under five statutes (Forest Act, Forest and Range Practices Act, Private Managed Forest Land Act, Range Act and the Wildfire Act). The decisions that may be appealed under these statutes range from determinations of stumpage and administrative penalties for unauthorized timber harvesting, to cost recovery orders related to wildfires.
  • The Oil and Gas Appeal Tribunal is established under Part 2, Division 2 of the Oil and Gas Activities Act and adjudicates appeals of decisions made by the Oil and Gas Commission under that statute. Decisions that may be appealed include orders and permitting decisions in relation to an “oil and gas activity”.

The Tribunals’ general mandates are to provide the public with fair and accessible appeal processes that decide the issues under appeal in an unbiased, timely and cost-effective manner. Their mandates are also to evaluate the effectiveness and efficiency of the appeal processes and, where warranted, recommend improvements.

Together, the Tribunals receive an average of 200 appeals per year. The Position makes procedural decisions and rulings on preliminary matters and applications relating to the appeals. Hearings on the merits of the appeals vary in format (written or oral), length and complexity. Oral hearings can range from one day to six weeks. The Position will determine whether the matter will be heard by a single member or a panel of three members.

The impact of the Tribunals’ decisions may be considerable. Constitutional issues, including issues related to First Nations’ consultation, may be decided.

Further information about the Tribunals is available at: www.eab.gov.bc.ca; www.fac.gov.bc.ca; and www.ogat.gov.bc.ca

Structure/Organization of the Tribunals

The Position is the Chair of the Tribunals and is appointed by the Lieutenant Governor in Council after a merit-based process.

The Position provides adjudicative leadership and is responsible for the effective management and operation of the three Tribunals. The Position is responsible for the recruitment, screening and recommending of the appointment of new members, and the reappointment of existing members at the expiry of their terms in collaboration with the Tribunal Transformation and Supports Office and the Crown Agencies and Board Resourcing Office. There are currently 21 part-time members that are cross-appointed to each of the three Tribunals. Two of the members are cross-appointed as part-time vice-chairs of each tribunal. The Position is responsible for the training of, and the allocation of work to, the Tribunals’ members, as well as evaluating their performance.

The Position is responsible for the effective management and operation of the tribunals which includes oversight of human resource, specifically is responsible for thirteen full-time professional staff including: the Tribunals’ registrar, two legal counsel, a director of finance and operations, a finance and web administrator and an executive secretary; and seven professional staff that support the Supported Boards.

The Position is responsible for establishing the direction, procedural rules and policies for the three Tribunals, as well as for issuing the required annual reports.

B. The Supported Boards

Business and Structure/Organization

The Position provides the administrative oversight for professional staff who support the Supported Boards. The Supported Boards are administrative tribunals established under five different statutes. Four of the Supported Board are appellate tribunals; one is a review board. Each of the Supported Boards has a separate part-time chair appointed for a term by Order-in-Council.

The Position is responsible for providing financial management, overseeing human resources, systems, facility and operational support for the Supported Boards.

GOVERNANCE

The Tribunals report to the Attorney General and operates at arm’s length from the government in its decision-making capacity. The Chair is responsible to the appointing authority for the Board’s performance.

KEY RESPONSIBILITIES AND ACCOUNTABILITIES

For the Tribunals, this Position oversees the effective management of appeals from the filing of a Notice of Appeal to the release of the final decision on the merits and provides instruction to legal counsel on any judicial reviews or statutory appeals.

This Position is expected to adjudicate certain hearings of the merits as a key function of providing adjudicative leadership for the Tribunals. This Position also makes decisions on the majority of preliminary applications and motions filed by the parties on an appeal.

This Position is responsible for all aspects of the day-to-day operation of the three Tribunals including:

  • maintaining the highest possible standards for the appeal processes of the Tribunals;
  • ensuring that appeals are processed, heard and decided in an independent, objective, fair and timely manner, and in accordance with the Tribunals’ statutory jurisdiction and the rules of natural justice and administrative law principles.

This Position ensures that members have the appropriate resources to assist them during a hearing.

The Position is also responsible for the strategic leadership and direction of the three Tribunals, including:

  • Providing direction and training to the Tribunals, its members and staff, consistent with their respective statutory jurisdictions;
  • Assigning, managing, monitoring and evaluating the work and performance of members within the framework of their adjudicative independence, and evaluating the performance of staff;
  • Overseeing and managing the financial, human resources, administrative, information technology, legal and infrastructure functions in compliance with the accountabilities imposed by provincial legislation;
  • Managing and maintaining publicly available information regarding the Tribunals;
  • Overseeing the Tribunals’ communications policy, including responding to media inquiries, ombudsperson investigations and freedom of information inquires;
  • Managing and directing the development of policies and procedures, including changes to the Tribunals’ respective Rules of Practice and Procedure, and recommendations for legislative amendments to the 14 statutes over which the Tribunals’ have jurisdiction, as well as the Administrative Tribunals Act;
  • Developing and implementing procedural change and innovation through on-going training and learning opportunities;
  • Recruiting, screening, advising and consulting with the Minister on the appointment and reappointment of competent, knowledgeable and experienced members;
  • Implementing performance measures for the Tribunals;
  • Monitoring the Tribunals’ compliance with governing legislation;
  • Participating in the development, review and approval of the Tribunals’ strategic plans to ensure consistency with their mandate s as set by government;
  • Preparing and submitting annual reports on the performance and activities of the three Tribunals;
  • Maintaining relationships with government and non-government administrative law organizations at the provincial, federal and international levels; and
  • Articulating, implementing and monitoring compliance with the highest standards of performance, quality adjudication and public service in all facets of the Tribunals’ respective activities

PERSONAL ATTRIBUTES

The Chair should possess the following personal attributes:

  • high ethical standards and integrity in professional and personal dealings;
  • appreciation of the responsibilities to the public;
  • able and willing to raise potentially controversial issues in a manner that encourages dialogue;
  • flexible, responsive and willing to consider others’ opinions;
  • highly developed leadership skills;
  • strong reasoning, analytical and time-management skills;
  • independence, objectivity, fairness and acceptance of diversity;
  • ability to demonstrate and sustain an independent perspective and a high level of situational judgment in relating to conflicting parties and their positions;
  • ability to recognize conflict of interest and a duty to recuse in case of a direct or indirect conflict of interest;
  • ability and willingness to fulfill the time commitments required to carry out responsibilities; and
  • commitment to continuous learning about the Tribunals, the rules of administrative law and the administrative tribunal community.

QUALIFICATIONS

A degree in law from a recognized university and a member in good standing of a provincial law society or eligible for call and admission.

A minimum of 5 years’ current experience in the field of administrative law related to independent quasi-judicial tribunals.

Adjudication in a court, tribunal or board setting, judicial review of administrative decisions, or representation of clients in a court, tribunal or board setting, and/or other related experience.

Experience at a senior management level, including experience preparing, maintaining and reporting on a budget, and current experience in leading and developing professional staff members.

Experience in dispute resolution.

Integrity, credibility and a sound reputation in one’s chosen field.

Excellent interpersonal and communication skills (written and oral).

COMPETENCIES

Chair should possess the following job requirements and core competencies:

Tribunal Knowledge, Background and Experience:

  • Understand the functions and processes of an independent adjudicative tribunal;
  • Knowledge of administrative and natural resources law, statutory interpretation, and constitutional and aboriginal law;
  • The ability to conduct adjudicative (evidentiary) hearings, analyze complex legal, factual and constitutional issues, and produce timely, well-reasoned decisions;
  • The ability to manage complex cases effectively and fairly, including the ability to read large volumes of complex technical information, identify issues, analyze evidence, interpret and apply the applicable law and write well-reasoned decisions;Skills in the areas of management, financial administration and human resources;
  • The ability to provide strategic leadership within an organization;
  • Computer literacy;
  • Excellent written and oral communication skills;
  • Excellent analytical and decision-making skills;
  • Knowledge of government and the public sector environment;

Personal Effectiveness

  • the ability to understand, use and refine all the tools and abilities at one’s disposal. It requires the ability to seek and use feedback from others to improve one’s performance and model personal change to foster trust in the whole organization.

Building Strategic Alliances

  • involves knowledge and skills to engage in internal and external stakeholder analysis.

Vision and Goal Setting

  • involves knowledge and skills in establishing strategic and operational goals for the organization and establishing a system to measure effectiveness of goal attainment.

Creating and Managing Change

  • involves knowledge and skills to manage in the organization through setting direction and urgency, building a coalition of support, communicating widely, handling resistance to change and facilitating implementation of successful change actions.

Solving Problems Creatively

  • involves knowledge and skills in fostering creative problem solving in the organization through critical reflection, problem analysis, risk assessment and rewarding innovation.

Promoting Empowerment

  • involves knowledge and skills in using processes such as delegation and information sharing to enhance subordinate ownership and empowerment over their task and performance.

Indigenous and Cultural Commitment

  • The work of Tribunals impacts all citizens of BC, and the Tribunals should reflect the community it serves. This competency explores emotional intelligence, cultural agility, empathy and a commitment to self-discovery and continued learning and development towards inclusive, intentional and respectful ways of working.

Commitment to Gender Inclusion and Diversity

  • The Tribunal boards and their Chairs should reflect the diversity of our province, women, visible minorities, Indigenous People, persons with disabilities, persons of diverse sexual orientation, gender identity or expression (LGBTQ2S+). This competency explores how a candidate is prepared to build and grow the board and the work of the Tribunal to represent this diversity.

OTHER CONSIDERATIONS

Operations for the Tribunals and the Supported Boards are located in Victoria BC. Travel is also required to attend appeals throughout the province. Within the context of the required board skills requirements, consideration is given to diversity of gender, cultural heritage and knowledge of the communities served by the organization.

TIME COMMITMENT

The Position is full-time.

TERM

Pursuant to the Administrative Tribunals Act.

The Chair’s initial term is 3 to 5 years, with a possibility for reappointment for additional terms of up to 5 years.

COMPENSATION

Remuneration is set by Treasury Board Directive 1/17.

PROCESS FOR SUBMITTING EXPRESSIONS OF INTEREST

Proviso

Please note that applicants must be able to successfully meet security screening requirements which include a Criminal Records Check.

You may submit an Expression of Interest in serving on this board by clicking on the “Apply Online Now” button at the bottom of this page. For more information on the board, refer to the Crown Agencies and Board Resourcing Office website (gov.bc.ca/cabro).

BRITISH COLUMBIA APPOINTMENT GUIDELINES

Appointments to British Columbia’s public sector organizations are governed by written appointment guidelines. For more information about the appointment process, and to view a copy of the guidelines, refer to the Crown Agencies and Board Resourcing Office website (gov.bc.ca/cabro).
in collaboration with the Tribunal Transformation and Supports Office and the Crown Agencies and Board Resourcing Office.

Apply Online Now