New Job Postings:
Employment and Assistance Appeal Tribunal
Salary $147,000 to $168,000
Business and Structure
The Employment and Assistance Appeal Tribunal (Tribunal) is an independent, adjudicative tribunal established with the proclamation of the Employment and Assistance Act, 2002.
The Tribunal hears appeals of the Ministry of Social Development and Poverty Reduction reconsideration decisions that refuse, reduce or discontinue income, hardship or disability assistance or a supplement under the Employment and Assistance Act and the Employment and Assistance for Persons with Disabilities Act, and Ministry of Children and Family Development reconsideration decisions that refuse, reduce or discontinue a subsidy under the Child Care Subsidy Act.
The Tribunal receives over 700 appeals per year and manages all aspects of the appeal process. Up to 8% of the Notices of Appeals received may be rejected as non-jurisdictional. A maximum of three members may be appointed to panels which make determinations based on a “reasonableness” standard of review. Currently the Tribunal has 98 members throughout British Columbia to enable hearings to be held within the legislated 15 business day timeframe. The appellant’s preference of in-person, teleconference or written hearing is considered in the determination of hearing type.
More information can be found on the Tribunal’s website, http://www.eaat.ca.
The Chair and Vice Chairs are appointed by the Lieutenant Governor in Council in accordance with the Employment and Assistance Act and the Administrative Tribunals Act. Members are appointed by Ministerial Order.
The Chair is accountable to the Minister of Social Development and Poverty Reduction. To fulfill this mandate the Chair has Deputy Minister level authority for all human resource and finance matters. The Chair manages and evaluates the performance of the Vice Chair(s), staff and members and makes recommendations to the Minister based on merit-based appointment and reappointment processes.
The Tribunal does not have jurisdiction over constitutional questions or jurisdiction to apply the Human Rights Code.
Tribunal decisions are subject to review by the courts and are posted without personal identifying information on our website.
The Chair provides strategic leadership for the Tribunal and is accountable for overseeing the performance of the Tribunal financially, administratively and operationally. The Chair’s responsibilities include monitoring the quality and consistency of adjudication decisions, ensuring they meet the legislative criteria; and reviewing the assignment and work of the Vice-Chairs and staff. The Chair is responsible for managing performance while not interfering with the independence of the members in decision making. The Chair is responsible for setting appropriate performance measures and for maintaining positive stakeholder relations.
The Chair promotes an environment that will foster the continuous improvement of the Tribunal and its appeal management strategies by incorporating leading-edge technologies.
The Chair is responsible for the effective and efficient resolution of appeals, information, privacy and confidentiality requirements and ensuring the legislative timelines are met.
- Provides for the strategic direction of the Tribunal, including the direct management of members, staff and resources, in order to provide an efficient, responsive and cost effective service
- Manages responses to: media; stakeholders; the public; MLAs and information and privacy requests.
- Establishes practice and procedures not inconsistent with the regulations of the Tribunal
- Manages the development and implementation of Tribunal operational strategies.
- Directs the allocation of workload to the Vice-Chairs and appoints members to hear appeals.
- Accountable to the Minister for the financial management of the Tribunal.
- Ensures the Tribunal effectively communicates its role and responsibilities and results to the Minister, stakeholders and the public including the publication of an annual report.
- Makes recommendations on appointments and reappointments to the Minister based on merit based processes.
- Accountable for improving the specialized knowledge and competencies of Tribunal members as it relates to employment and assistance appeals and administrative law.
Competencies and Attributes
Candidates must have the following qualifications, competencies and personal attributes:
- Have an understanding of the essential elements for the conduct of fair and objective appeals
- An understanding of the key aspects of the relevant Acts and Regulations
- Demonstrated ability to understand and work within a complex regulatory environment, correctly interpret governing legislation and make appropriate and sound decisions
- Demonstrated ability to conduct legal research and to stay current with case law and legal trends which do or may impact the operation of the Tribunal and to manage organizational change to respond to such developments
- Sound knowledge of and the ability to implement the principles of administrative fairness and natural justice
- Demonstrated skills regarding management, financial administration and human resource development
- Legal education; preferably with experience in both litigation and solicitor work
- Demonstrated ability to provide sound legal advice and guidance in the context of an organizational structure with multi-stakeholder or client groups
- Excellent legal writing, legal research and analytical skills
- Proven ability to provide strategic leadership within an organization with multi-stakeholder or client groups
- Public speaking and / or presentation experience.
- Computer literacy
- Demonstrated ability to manage a high volume of work and work under pressure independently.
This is a full-time position. Some travel may be required.
Pursuant to the Administrative Tribunals Act:
Chair’s initial term and reappointment
(1) 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.
(2) The chair may be reappointed by the appointing authority for additional terms of up to 5 years.
The Chair’s remuneration is in accordance with Treasury Board Directive 1/17, at a salary range of $147,000 to $168,000.
List of Current Tribunal Members
For a complete and up to date list of current Tribunal members, please visit:
Process for Applying for the Appointment
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.
Applications should be submitted by March 8, 2018.
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 Public Sector Management website and link to the page “Appointments in the Public Sector”.
BC Ministry of Finance
Financial Institutions Commission
Investigator, Market Conduct
Salary $62,000 – $86,000 annually
The Financial Institutions Commission of British Columbia (FICOM) is a Vancouver-based regulatory agency of the British Columbia Government. FICOM’s four pillars of responsibility are pension plans, mortgage brokers, financial institutions (including credit unions, insurance and trust companies) and the Credit Union Deposit Insurance Corporation. For more information about FICOM visit our webpage.
The Investigator deploys investigative best practices in the handling of urgent, complex, and high risk cases relating to misconduct of financial institutions (i.e., insurance, trust, and credit union) regulated by the Government of British Columbia. The Investigator exercises considerable initiative and flexibility when responding to the changing circumstances of complex investigations. Management, executive, and legal counsel rely on the Investigator’s acumen, judgement, and tenacity to make compelling cases for regulatory action which is subject to public scrutiny.
In making file management decisions, the Investigator draws on their knowledge of the legislation, evidentiary standards and requirements, industry knowledge, and prioritizes files according to risk of harm to the public. The Investigator may be required to occasionally travel and give evidence at administrative hearings as required.
The Investigator operates in a sensitive position and diplomatically represents FICOM. He or she builds positive relationships with Ministry of Attorney General legal counsel, regulators from other jurisdictions or business sectors, other functional areas within FICOM, the regulated entities, and the general public.
Qualifications for this role include:
- Organizational and/or academic coursework in administrative law and advanced investigative techniques, preferably leading to a certification, or an equivalent combination of training and experience.
- Post-secondary degree in business, insurance, law, or criminology (preferred).
- Five (5) years of recent and progressive investigative experience, preferably in a regulatory, corporate security, law enforcement or related environment. Preference may be given to candidates with investigative experience in the areas of insurance and/or financial services.
- An equivalent combination of education, training, and experience may be considered.
For more information and to apply by November 19, 2017, please go to: https://search.employment.gov.bc.ca/cgi-bin/a/highlightjob.cgi?jobid=45521
Board resourcing and Development Office
Safety Standards Appeal Board
Members receive a per diem of $450 for work undertaken on behalf of the Board in addition to reimbursement of out of pocket expenses.
Business and Structure
The Safety Standards Appeal Board is an independent administrative tribunal established by the Safety Standards Act to hear appeals of administrative decisions made under the Act. Its jurisdiction was expanded in 2007 to allow it to hear appeals from decisions of the registrar under the Homeowner Protection Act and in 2017 to hear appeals of administrative penalties under the Building Act. It has broad powers under the Administrative Tribunals Act to design its own rules of practice and procedure and to employ alternative dispute resolution processes. The Board currently has 5 members, including the Chair. However, there has been a vacancy on the Board since May 2017. All members of the Board are part-time Ministerial appointees. The Chair and Vice-Chair have backgrounds in administrative law. The other members have legal, technical or construction backgrounds in order to ensure there is sufficient expertise on the Board to fairly adjudicate appeals from the technical disciplines over which the Board has jurisdiction. The Board has one full-time employee (registrar). The Board’s annual budget is approximately $200,000.00.
The Board’s membership is designed to ensure the Board has the appropriate technical capacity and detailed knowledge of the relevant regulated industries to accommodate appeals under the Safety Standards Act, the Homeowner Protection Actand the Building Act.
The Board will continue to enhance its effectiveness by refining its Rules of Practice and Procedure, Practice Directives and Guidelines, policies and other information published on its website to clarify its jurisdiction and powers and the appeal process and create efficiencies with accessing the services provided by the Board.
The Board 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.
Board Responsibilities and Accountabilities
The Board’s role is to hear appeals of administrative decisions made under the Safety Standards Act, Homeowner Protection Act and Building Act in accordance with the provisions of the Acts, as amended by the Administrative Tribunals Act, the rules of administrative law and the principles of natural justice. The Board may use a variety of techniques to resolve disputes prior to a hearing, including the settlement conferences and mediation.
The impact of the Board’s decisions may be considerable and may involve substantial financial implications or changes in practice. Members of the Board are expected to maintain the highest possible standards and must be able to demonstrate objective and balanced judgment, fairness, consistency and timeliness.
Board responsibilities fall into the following general categories:
Managing Board Affairs: Establish the processes and structures necessary to ensure the effective functioning and renewal of the Board. Includes: monitor and improve quality of Board’s processes, ensure appropriate members; ensure appropriate Board orientation and ongoing professional development; articulate roles and responsibilities for the chair, vice-chairs, members and registrar; define Board process and guidelines; and identify potential candidates for membership.
Organization’s Mandate: Fully understand the Board’s enabling legislation, relevant provisions of the Administrative Tribunals Act and the principles of administrative justice, review and make recommendations to government regarding the mandate to reflect changing circumstances.
Strategy and Plans: Enhance the Board’s capacity to provide low-cost alternatives to oral in-person hearings such as alternative dispute resolution, hearings by written submissions and where oral hearings are required, video-conferencing. Provide training to board members with an emphasis on early dispute resolution, particularly settlement conferences and mediation.
Human Resources: Subject to government legislation and guidelines, select, appoint, compensate, evaluate and terminate board members; oversee management succession and development.
Financial and Corporate Issues: Review financial, accounting and control systems; ensure appropriate risk management systems, ensure code of ethical conduct and conflict of interest guidelines in place.
Monitor and Report: Monitor organizational performance against strategic plans and compliance with applicable legislation and government direction; account to government and stakeholders through appropriate reporting.
Communications: Enhance the Board’s effectiveness by refining its Rules of Practice and Procedure, Practice Directives and Guidelines and other information published on its website to clarify any grey areas relating to its jurisdiction and powers and the appeal process, particularly the use of mediation as an alternative dispute resolution process.
When hearing appeals the Board must consider the maintenance and enhancement of public safety or the purposes of the Homeowner Protection Act, as the case may be. Unless an appeal is withdrawn, the parties otherwise agree, or the appeal is resolved in another way, the Board must hear an appeal as soon as practicable after receiving the appeal.
The Board must meet the expectations of its enabling legislation and applicable provisions of the Administrative Tribunals Act.
In carrying out its work, the Board operates within the broad policy direction set by the Ministry of Municipal Affairs and Housing and the budget set by the Ministry of the Attorney General.
Board members should, collectively, have the necessary personal attributes and competencies required to:
- add value and provide support for management in establishing strategy and reviewing risks and opportunities;
- Exercise appropriate discretion in resolving matters that come before the Board within the statutory framework of the Safety Standards Act, Homeowners Protection Act, Building Act and the Administrative Tribunals Act and associated regulations; the Board’s Rules and the management framework established by the Chair;
- Conduct hearings or participate at hearings;
- Weigh and consider evidence to determine the relevant facts, interpret and apply the law and arrive at a balanced and considered decision;
- Write clear, concise decisions which identify and canvas all relevant issues, evidence and submissions and provide appropriate analysis to support the conclusion reached;
- Treat parties to proceedings before the Board fairly, courteously and with respect;
- Complete assignments in a timely and orderly manner;
- Make recommendations to the chair for improvements to the rules, policies, practices or procedures of the Board;
- Assist in the orientation and training of new members
All members should possess the following personal attributes:
- high ethical standards and integrity in professional and personal dealings;
- appreciation of the responsibilities to the public;
- flexible, responsive and willing to consider others’ opinions;
- capable of a wide perspective on issues covered by the relevant legislation;
- ability to listen and work as a team member;
- no direct or indirect conflict of interest with the member’s responsibility to the organization;
- strong reasoning skills;
- able and willing to fulfill time commitment required to carry out responsibilities;
- commitment to continuous learning about the rules of administrative law and the principles of natural justice;
Collectively, the Board should comprise the following core competencies:
- operational or technical expertise relevant to the operation of the organization including;
- financial expertise;
- legal expertise;
- knowledge of current and emerging issues affecting the organization and its industry or sector;
- knowledge of the community served by the organization;
While previous experience as a governor is not required, it is important that candidates for positions understand the roles and responsibilities of a member of an administrative tribunal and have the necessary experience and demonstrated skills to enable them to contribute to the Board’s decision-making and oversight.
Part of the organization’s commitment includes the provision of a comprehensive orientation for new board members and ongoing professional development for members.
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.
There is one unfilled vacancy on the Board and a number of members terms are set to expire. The vacancy on the Board is for a member with legal expertise, including experience relating to alternative dispute resolution. The following are the attributes sought for the vacant positions currently under consideration:
- Exercise sound judgement and skill in the conduct of proceedings and in communication with other public agencies or the public;
- Participate in procedural rulings and utilize alternative dispute resolution techniques, such as settlement conferences, wherever possible to resolve appeals prior to a hearing;
- Previous experience adjudicating disputes with a proven ability to base decisions on sound technical expertise and experience relating to the areas regulated by the Board’s enabling legislation;
- Additional consideration is given to candidates with experience or particular interest in adjudication or alternative dispute resolution processes such as mediation.
Most Board members would be expected to conduct or participate in several appeals per year. Each appeal may involve a one or two day hearing (often conducted in writing rather than in person) plus two or three days for preparation and decision writing. Hearings may be conducted by the member alone or by the member sitting as part of a panel of the Board.
Members may also be requested to facilitate alternative dispute resolution processes or appeal management conferences from time to time. These generally require a half day of a member’s time.
If requested by the Chair, a member may be asked to participate in one or two public education events annually.
Safety Standards Act, section 43: Members are appointed by the Minister after a merit based process and consultation with the Chair.
Administrative Tribunals Act, section 3 (1): A member, other than the Chair, may be appointed by the appointing authority, after a merit based process and consultation with the Chair, to hold office for an initial term of 2 to 4 years.
Administrative Tribunals Act, section 3 (2): A member may be re-appointed by the appointing authority as a member of the tribunal for additional terms of up to 5 years.
Compensation is payable pursuant to Treasury Board Directive 1/17. Members receive a per diem of $450 for work undertaken on behalf of the Board in addition to reimbursement of out of pocket expenses.
List of Current Governors and Senior Executives
|Emily Drown, Chair||May 15, 2008||December 31, 2017||Lawyer|
|Jeff Hand||March 5, 2014||March 5, 2020||Lawyer|
|Tim Haaf||May 1, 2004||December 31, 2017||Technical expertise in pressure vessel operation and building/construction standards|
|Ted Simmons||May 1, 2004||December 31, 2017||Technical expertise in electrical safety and building/construction standards|
|Terry Bergen||March 5, 2014||March 5, 2020||Technical expertise in building/construction standards|
Registrar: Yvonne Linge
Process for Submitting Expressions of Interest
You may submit an Expression of Interest in serving the Safety Standards Appeal Board by clicking on the “Apply Online Now” button at the bottom of this page.
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 Board Resourcing and Development Office website (www.gov.bc.ca/brdo) and link to the page “The Appointment Process”.