News

Financial Services Tribunal – Chair

Canada, British Columbia

Requisition # 2320490
Job Location Canada-British Columbia-ALL
Job Stream Special Interest / Government
Job Type Appointment, Full-Time
Number of Positions Open 1
Posting Date 19-Feb-2019
Expiry Date 19-Mar-2019
Educational Requirements N/A
Languages Required English

Job Description

Business and Structure

The Financial Services Tribunal (“FST”) was created with the enactment of the Commercial Appeals Commission Repeal Act in 2003, became fully operational in the summer of 2004 and has now been in operation for 14 years. The FST hears appeals from individuals and institutions who want to contest enforcement decisions made by the Insurance Council of British Columbia, Real Estate Council of British Columbia, Superintendent of Real Estate, Superintendent of Pensions, Registrar of Mortgage Brokers and Superintendent of Financial Institutions. In large part, the appeals are conducted as appeals “on the record” which means they are primarily “paper” reviews and there are rarely oral hearings. The material before the Tribunal consists of the written “record” of the proceedings before the original decision maker and the written submissions and arguments of the parties made to the FST on appeal. The appeals are heard by panels of one member each.

Under section 242.1 of the Financial Institutions Act, the Tribunal consists of a Chair and Vice-Chair, as well as other members appointed by the Lieutenant Governor in Council after a merit based process and consultation with the Chair.

The Tribunal currently has three Members, all of whom are lawyers.

The Tribunal hears between 5 and 15 appeals per year. Staff from the Environmental Appeal Board/Forest Appeals Commission appeals office provide administrative services and support to the Tribunal as needed. Staff for the FST consist of a Director (lawyer) and a Registrar who are responsible for a majority of the case management of appeals. The Director also aids with preliminary rulings, decision editing and research of legal issues, etc. Support is also provided for general operational administration as well as legal counsel to assist on difficult legal issues as required.

Operations for the Financial Service Tribunal are located at the business offices of the Environmental Appeal Board/Forest Appeals Commission in Victoria, BC. However, the Chair can be located anywhere in BC.

More information on the Tribunal can be found at: http://www.fst.gov.bc.ca

Vacant Position

The position is the part-time Chair of the Financial Services Tribunal (Tribunal).

Pursuant to section 242.1 (5) of the Financial Institutions Act, the Chair is the Chief Executive Officer of the Tribunal. In that capacity, the Chair may establish forms and rules of practice and procedure for the Tribunal, [1]may hire and supervise staff required for the exercise of powers and the performance of duties of the tribunal and must prepare an Annual Report describing the number of appeals heard by the tribunal, the issues under consideration and the disposition of those issues.

With respect to the appellate process, on receipt of the Notice of Appeal and the $850 filing fee, the Chair hears or assigns the appeal to a Tribunal Member. The Chair has the authority to determine preliminary matters and to vary time limits regarding appeals.

The Chair, through the monitoring of member performance, ensures that members comply with the rules of natural justice, the principles of administrative law, applicable legislation and case law. The Chair is required to provide leadership to board members and to take an active role in the orientation and training of members.

The Chair should also take the lead in promoting public education about the Tribunal’s responsibilities and processes, as well as represent the board to the general public. By agreement, the Chair may participate in policy discussions with the host ministry and others on the Tribunal’s role and jurisdiction, as well as on transformational and legislative initiatives that may affect the Tribunal and its work.

Experience and Qualifications

The following attributes currently being sought for the vacant position under consideration:

  • an extensive knowledge of administrative law, procedures and administrative tribunals acquired through practicing administrative law; and
  • extensive professional experience and expertise in the real estate, mortgage brokering, pension administration, insurance industries and credit union sector.

Diversity and Inclusion

People from all regions of our province are invited to help renew B.C.’s public sector boards. Consideration will be given to qualified individuals with a broad range of backgrounds in community, labour and business environments. The selection process will recognize lived experience and volunteer roles as well as paid employment and academic achievements.

To support strong boards that reflect the diversity of our province, women, visible minorities, Indigenous Peoples, persons with disabilities, persons of diverse sexual orientation, gender identity or expression (LGBTQ2S+), and others who may contribute to diversity in public sector board appointments are encouraged to put their names forward for appointments.

Competencies / Attributes

FST Tribunal Members are appointed by OIC based on criteria such as:

  • litigation or adjudicative experience;
  • relevant financial service or real estate industry and/or regulatory experience and professional standing in the sector;
  • flexible work schedules, insofar as they must be available to hear FST appeals as they arise and provide a written decision within a short timeframe; and
  • dis-interest and impartiality regarding the appeal matters that come before the FST.

In fulfilling his or her obligations to the tribunal, the Chair:

  • reviews all assigned matters;
  • employs statutory tools and dispute resolution techniques that will maintain or enhance the tribunal’s adjudicative role;
  • gives high quality, well-reasoned decision on a timely basis;
  • exercises sound judgment and skill in the conduct of proceedings and in communication with other public agencies or the public;
  • meets the reporting requirements set out in the Tribunal’s governing legislation and the Administrative Tribunals Act;
  • actively participates in a team environment and maintains a close working relationship with Tribunal staff and members to enhance the quality, consistency and effective use of team resources;
  • acts as a resource to new members and takes an active role in their orientation and training; and
  • performs other activities within the nature and scope of the position.

The Chair should also possess the following core competencies:

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.

Analytical Thinking:

  • The ability to comprehend a situation by breaking it down into its components and identifying key or underlying complex issues. It implies the ability to systematically organize and compare the various aspects of a problem or situation and determine cause-and-effect relationships (“if…then…”) to resolve problems in a sound, decisive manner. Checks to ensure the validity or accuracy of all information.
  • Indigenous and Cultural Commitment
  • The work of Tribunal impacts all citizens of BC, and the Tribunal should reflect the community it serves. This competency explores emotional intelligence, cultural agility, empathy, a commitment to self-discovery and continued learning, as well as development towards inclusive, intentional and respectful ways of working.

Commitment to Gender Inclusion and Diversity

  • The Tribunal board and its Chair 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

  • While previous experience as a tribunal member is not required, it is preferred given that Tribunal members hear appeals in panels of one member only. It is important that Chair candidates understand the roles and responsibilities of the Tribunal and have the necessary experience and demonstrated skills to enable them to contribute to Tribunal decision-making and appeal case management.
  • Within the context of the Tribunal requirements, consideration is given to diversity of gender, cultural heritage and knowledge of the communities served by the organization.

Time Commitment

Based on past experience, it is expected that the Tribunal will receive approximately 5 to 15 appeal cases per year.

Term

The chair of the tribunal may be appointed by the appointing authority, after a merit-based process, to hold office for an initial term of 3 to 5 years.

The chair may be reappointed by the appointing authority, after a merit-based process, for additional terms of up to 5 years.

Compensation

As per Treasury Board Directive, 1/17, the Chair receives $650-$725 per day. Expenses incurred while on Tribunal business are also reimbursed.

Governance

The Tribunal reports to 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 Tribunal’s performance.

Tribunal Responsibilities and Accountabilities

Collectively and individually, the Tribunal is expected to demonstrate:

  • high ethical standards and personal integrity;
  • appreciation of the public service element and a duty to the public;
  • a broad perspective on issues;
  • no direct or indirect conflict of interest with the member’s responsibility to the Tribunal;
  • the ability to define issues in a clear and concise written manner;
  • strong reasoning and decision making skills;
  • flexibility, responsiveness and willingness to consider change;
  • ability to work as a team member;
  • sound general knowledge of the financial services and real estate industries; and
  • ability to work on individual case management with Tribunal support staff.

Board Composition

The composition of the Tribunal is based on merit as well as knowledge of the financial services and regulatory industry, administrative law and the statutes that apply to the FST.

In addition to the Chair and the Vice-Chair, the FST consists of other Members who are or have been practicing Lawyers with significant adjudicative and decision writing experience, and/or industry expert members with significant experience and professional standing in the financial services and real estate sectors.

Key Responsibilities and Accountabilities

Tribunal responsibilities fall into the following general categories:

Managing Tribunal Affairs: Maintain and establish as needed, the processes and structures necessary to carry out the Tribunal’s statutory mandate. Evaluate the Tribunal and its members. Consult with the appointing authority to identify potential new members. Ensure appropriate Tribunal member orientation and ongoing professional development.

Organization’s Mandate: Fully understand the Tribunal’s enabling legislation, relevant provisions of the Administrative Tribunals Act, the principles of administrative justice, and the Tribunal’s mandate set by statute; review and make recommendations to government regarding the mandate to reflect changing circumstances.

Strategy and Plans: Participate in the development, drafting and approval of the Tribunal’s annual report to ensure consistency with the Tribunal’s mandate.

Human Resources: Subject to government legislation and guidelines, recruit, select, request appointments and re-appointments, compensate, and evaluate members. Oversee management succession and development of members.

Monitor and Report: Monitor Tribunal performance against annual reports and compliance with applicable legislation. Accountable to government and stakeholders though appropriate reporting.

Accountabilities

The Chair is accountable to the host minister for the effective management and operation of the tribunal and must:

  • upon request, submit remuneration reports to the minister outlining the work and activities of the tribunal, including annual time on case comparisons;
  • report to the minister, in a timely manner, on the timing, process and procedures for selecting and appointing new members of the tribunal;
  • manage the tribunal’s operations within the budget provided by designated funder Financial Institutions Commission (FICOM)and communicate, in a timely manner, with FICOM regarding resources needed to maintain satisfactory service levels of the tribunal;
  • provide reports to the minister on issues that may be of general interest or concern to the government as needed;
  • ensure the Tribunal complies with various legislated requirements, including privacy and freedom of information;
  • maintain and update the Tribunal’s Rules of Practice and Procedure, Guidelines, forms and policies as necessary.

In carrying out its work, the FST operates within the requirements of the Financial Institutions Act and the Administrative Tribunals Act. Ongoing accountability and transparency are met through the legislated requirement for delivering an Annual Report to the Minister.

For more information see the FST’s previous Annual Reports on their website at: http://www.fst.gov.bc.ca

List of Current Tribunal Members

Name Place of Residence Initial Appointment Expiry Comments (e.g. elected; MO/OIC)
Vacant Chair
Michael (Mike) Tourigny, Member & Acting Chair Vancouver 2018-03-31 2021-12-17 OIC 794
Jane Anne Gwyneth

Purdie, QC, Member

Vancouver 2018-07-12 2020-11-30 OIC 366
Michelle Good, Member Kamloops 2018-12-12 2020-12-12 OIC 772

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 tribunal, refer to the Directory of Agencies website

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.

[1] Staff from the Environmental Appeal Board/Forest Appeals Commission appeals office provide administrative services and support to the Tribunal as needed

 

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