Appointments to Tribunals Province of British Columbia, Canada

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Appointments to TribunalsProvince of British
Columbia, Canada
Administrative Justice Office 2008
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• Appointments to British Columbia Tribunals
• The Legislative Framework
• The Policies and Processes
• Challenges

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• The Legislative Framework
• 2003 Administrative Tribunals Appointment and
  Administration Act
• 2004 Administrative Tribunals Act (ATA)
  incorporates, adds to and, for the most part,
  substantially repealed the 2003 Act

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• ATA Sections 2 to 10
• Enhances openness and transparency of the
  appointment process and provides for
• appointments by LGinC or minister
• merit-based recruitment and selection, reflecting
  tribunals mandate and operational needs
• a formal role for tribunal chair in the process

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• ATA Sections 2 to 10
• Establish fixed terms
• Permit re-appointments (and cross- appointments)
• Address absences, temporary appointments and
  terminations for cause

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• ATA Sections 2 to 10
• Recognizes the tribunal chairs accountability
  for tribunal management
• ( - MOUs can be used for this)
• Provides consistency in remuneration by reference
  to Treasury Board Directive

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• Key points to remember about ATA
• Appointment (and other) provisions only apply to
  a particular tribunal if its enabling legislation
  adopts that provision.
• 24 tribunals adopt various ATA provisions
• Some have own specific provisions e.g. HRT and
  WCAT
• Will (generally) apply to new tribunals

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• The Policies and Process
• A partnership among the minister and ministry
  responsible for the tribunal, Board Resourcing
  and Development Office, and the tribunal chair
• process will be crafted to reflect specific
  situation of the particular tribunal
• each partner has specific tasks at various stages

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• Guiding Principles
• Merit-Based - an objective assessment of the fit
  between the skills and qualifications of the
  prospective candidate and the needs of the agency
• Transparency - processes are to be clear and
  understandable, and available to the public

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• Guiding Principles
• Consistent - process is to be applied
  consistently in respect of all appointments
• Proportionate - process is to be appropriate for
  the nature of the post and its responsibilities
• Probity - Appointees must be committed to the
  principles and values of public service and to
  performing their duties with integrity

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• Board Resourcing and Development Office
• coordinates over 1500 appointments to approx. 300
  agencies including tribunals, each year
• ensures appointments are made using an open,
  transparent, and consistent process
• sets and monitors compliance with Appointment
  Guidelines
• encourages timely processes to avoid outstanding
  vacancies

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• New Appointments
• The Tribunal/Ministry prepares a Request for
  Appointment Package which includes
• A Completed Request for Appointment Form
• Notice of Position (advertisement) to be posted
  on the BRDO website (and possibly elsewhere)

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• New Appointments
• BRDO screens applications for qualifications and
  sends these (and others it may identify) to the
  Tribunal/Ministry (if a new tribunal)
• Tribunal Chair/Ministry conducts a selection
  process, using interviews and may include written
  work
• Interview panels may include other tribunal
  chairs, senior tribunal members, ministry
  representatives, AJO

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• New Appointments
• Tribunal/Ministry sends documents to BRDO to
  process for governments consideration
• Candidate Profile
• Candidate Declaration
• Any critical issues and administrative
  information (timelines, special needs, etc.) is
  identified
• Tribunal Chair may be asked to provide additional
  information on the candidates in order to brief
  the Minister responsible, prior to Cabinet.

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• Re-Appointments
• At 6 months - BRDO prepares and reviews a monthly
  Expiry Report and sends it to
• Ministry Appointment Coordinators (MACs)
• Ministerial Assistants (MAs)
• At 4 6 months - the Tribunal Chair prepares
  feedback/performance review of expiring member(s)
  who are eligible for reappointment

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• Re-Appointments
• At 3 months, Tribunal/Ministry prepares the
  Request for Appointment Package which includes
• Request for Appointment (standard form)
• Performance assessment of members being
  considered for reappointment
• Updated candidate biographical information
• Any critical issues or administrative information

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• NOTE
• Re-appointments are not guaranteed and are
  confirmed at the discretion of Cabinet/appointing
  authority
• Tribunal Chair may be asked to provide other
  options for consideration (using the merit based
  process)

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• Appointments and Re-appointments
• BRDO completes due diligence
• Reviews skills and qualifications against the
  notice of position
• Reviews completed Candidate Profile and
  Declaration form
• Reviews other documentation provided by the
  Tribunal
• Completes reference checks

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• Appointments and Re-appointments
• All information provided by the tribunal is
  forwarded to the Responsible Minister and Deputy
  Minister
• Responsible Minister then reviews/approves
  candidates for appointment or recommendation to
  the Executive Council (if applicable)
• If a candidate is not selected, tribunal chair
  may be asked to provide alternate options or
  start a new search

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• Appointments and Re-appointments
• Responsible Minister signs Order
• Ministry sends OIC to Cab Ops
• BDRO prepares applicable briefing notes
• Cabinet approves (or not) appointment
• LGinC signs OIC
• BRDO notifies Tribunal and appointee and updates
  BRDO website

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• Post Appointment
• Responsible Minister writes to appointee,
  confirming appointment and enclosing copy of
  OIC/MO
• Responsible Minister sends letter to retiring
  appointees
• Tribunal chair contacts appointee re orientation
  and training

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• Some Challenges
• Suggestions insufficient remuneration may limit
  the pool of candidates
• Potential lack of diversity due to standardized
  profile
• Resistance to Performance assessments

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• Some Challenges
• Decisions to not re-appoint
• Calls for greater notice and severance
• Questions about the chairs role
• Questions about independence
• Calls for judicialization of the process by
  removing fixed terms

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Thank You
www.gov.bc.ca/ajo www.gov.bc.ca/brdo