Recruitment posting
Environmental Appeals Board
Competition #: 681
Ministry : Environment and Parks
Opening Date : 2019/10/22
closing Date : 2019/11/25
Role : Board Members
The Minister of Environment and Parks is seeking applications from individuals interested in serving as a Board Member of the Environmental Appeals Board (EAB). Board Members for the EAB may also be cross-appointed as Board Members to the Public Lands Appeal Board (PLAB). Multiple vacancies are to be filled.
The EAB is a quasi-judicial tribunal established under the Environmental Protection and Enhancement Act, and it hears appeals under that Act as well as the Water Act, the Climate Change and Emissions Management Act, and Schedule 5 of the Government Organization Act.
The EAB is an independent board that gives Albertans an opportunity to appeal certain decisions made by Alberta Environment and Parks. These decisions may include approvals, water licences, preliminary certificates, remediation certificates, administrative penalties, enforcement orders, and environmental protection orders.
PLAB is a quasi-judicial tribunal established under the Public Lands Act and Public Lands Administration Regulation, and it hears appeals under that act and regulation.
PLAB is an independent board that gives Albertans an opportunity to appeal certain decisions made by Alberta Environment and Parks. These decision may include dispositions, deemed rejections of applications, administrative penalties and enforcement orders.
To ensure the Boards provide the best possible advice to the Minister, Board Members shall:
- understand the respective roles and responsibilities of the Minister, the Boards, and Alberta Environment and Parks;
- understand the role and operation of administrative tribunals;
- understand the environmental regulatory system in Alberta;
- understand environmental law and policy in Alberta;
- possess relevant technical, scientific, or public policy experience; and
- have a general understanding of the Environmental Protection and Enhancement Act, the Water Act, the Climate Change and Emissions Management Act, the Public Lands Act, and the Administrative Procedures and Jurisdiction Act.
The purpose of the Boards are to provide advice to the Minister of Environment and Parks on the resolution of appeals that are filed in response to certain decisions made by Alberta Environment and Parks. Under the direction of the Chair, Board Members will participate on hearing panels, review the file provided by Alberta Environment and Parks (these files can range from under a hundred pages or correspondence to thousands of pages of technical and scientific information), review evidence and submissions, and make recommendations to the Minister to address the appeals. Senior Board Members may chair hearing panels.
Board Members also make extensive use of mediation skills to resolve appeals. Mediation is the Board’s preferred way of resolving appeals, and the majority of the appeals that come before the Board are resolved through mediation. All Board Members are provided with mediation training.
The Boards provide sound, practical advice in its reports and recommendations to the Minister who, in most cases, makes the final decision on an appeal. The Boards’ advice to the Minister must reflect the policy and programs of Alberta Environment and Parks. Further, the Boards must exercise discretion and judgement within the bounds of applicable legislation, natural justice, and procedural fairness. The Minister’s decisions and the Boards’ report and recommendations are subject to court challenge.
Board Members are accountable through the Boards to the Minister for upholding the transparency and accountability of the Boards to the Government of Alberta, and acting honestly and in good faith within the applicable legal, statutory, and regulatory framework.
MAJOR RESPONSIBILITIES
- Providing sound, practical advice to the Minister in response to appeals that come before either Board.
- Conducting multi-party mediation, within a regulatory context.
- Participating as a member of a hearing panel, assigned to specific appeals.
- Preparing for mediations, preliminary motions, and hearings by reviewing and analyzing documents.
- Participating in the decision-making process by listening, analyzing and weighing evidence, establishing findings of fact, interpreting and applying legislation and policy, and giving consideration to the submissions of the parties.
- Exercising the care, diligence, and skills of a reasonable and prudent Board Member.
CORE COMPETENCIES
- Commitment to protect Alberta’s environment and serve people of Alberta:
o Understand the respective roles and responsibilities of the Minister, the Board, and Alberta Environment and Parks.
o Serve the people of Alberta by working to support and advance the protection, enhancement, and wise use of Alberta’s environment and public lands.
o Demonstrate high standards of integrity and the ability to be impartial, free from bias, and free from conflicts of interest.
- Demonstrated interpersonal and decision making skills:
o Strong interpersonal, collaborative, and decision-making skills.
o Well-developed verbal and written communication skills to respond to contentious, controversial issues within highly political environments.
o Strong analytical skills and the ability to take complex information and diverse points of view into consideration in making sound decisions.
o Participate in the decision-making process by listening, analyzing and weighing evidence, establishing findings of fact, interpreting and applying legislation and policy, and giving consideration to the submissions of the parties.
o Provide sound, practical advice to the Minister in response to appeals that come before the Board.
o Exercising the care, diligence, and skills of a reasonable and prudent Board Member.
- Mediation understanding, skills and experience:
o Demonstrated understanding and knowledge of mediation.
o Experience preparing for mediation and reviewing and analyzing documents.
o Background in conducting multi-party mediation, within a regulatory context.
- Experience and knowledge of how administrative tribunals operate:
o Understand the role and operation of administrative tribunals.
o Good working knowledge of administrative law, the function of administrative boards, and the hearing process.
o Experience with administrative agencies, administrative law, and administrative decision-making, as well as knowledge of the principles of natural justice and procedural fairness.
o Experience participating in complex administrative hearings.
- Knowledge, expertise, and professional experience:
o Demonstrated technical and scientific expertise and substantial practical experience in the area of environmental protection and/or public land management.
o Background in and knowledge of technical, scientific, or public policy issues relating to environmental or land use issues.
o A related university degree is required, and an advanced degree is preferred (equivalency will be considered).
- Understanding of environmental legislation and policy:
o Demonstrated understanding of the environmental regulatory system in Alberta.
o Experience in environmental law, policies, and regulations.
o General understanding of the Environmental Protection and Enhancement Act, the Water Act, the Climate Change and Emissions Management Act, and Administrative Procedures and Jurisdiction Act , Public Lands Act and the Public Lands Administration Regulation.
Background checks will be completed on the final candidates and may include reference checks, security clearance, and academic credential verification.
The Government of Alberta is committed to offering qualified Albertans the opportunity to be considered as public members on Alberta’s public agencies, boards and commissions. To help ensure that Albertans are well-represented on boards, we invite applicants from all backgrounds who embody a range of knowledge, skills and expertise to apply.
Board Member appointments are made by Order in Council, and are for a fixed term of up to three years, with the potential for reappointment for additional terms up to a maximum of 12 years.
Board Members are part-time positions that are paid a per diem rate and expenses for attending to Board matters. The per diem rate and expenses are set in accordance with the Government of Alberta Committee Remuneration Order for attending to Board matters.
Board Members, other than the Chair, are paid based on the Committee Remuneration Order, which provides:
A member of a committee, other than the chairman, shall be paid:
(a) $164 for up to and including four hours in any day, or
(b) $290 for over four hours and up to and including eight hours in any day, or
(c) $427 for over eight hours in any day, spent on the business of the committee.
Board Members are requested to be available on average five days per month for hearings, preliminary motions hearings, mediations, preparation work and panel meetings (generally, panel meetings are held by conference call). The Board holds an annual Board meeting of up to three days for board members and staff. Related training and courses are offered based on the Board’s needs and changing requirements. Training costs are covered by the Board and Board Members are compensated for their time.
In addition to your cover letter and resume, we require a biography. Click HERE to download the biography form.
Once the forms are completed, save them to your PC. When you click on submit application, you will be prompted to upload additional documents. Drag and drop or upload your completed biography form and others requested into the ‘Drop files below or click to upload’ section.
Executive Search, Alberta Public Service Commission
Phone: 780-408-8460
Email: psc.executivesearchservices@gov.ab.ca
Carefully read the Recruitment Posting and the Position Profile to ensure this is an appropriate opportunity for you. Applicants are advised to provide information that clearly and concisely demonstrates how their qualifications meet the advertised requirements.
Online applications are preferred. To apply, click on the 'apply' button, create or sign into your account in the ePAAS system; upload your resume, view the listing under Current Opportunities and click on 'submit application'. The uploaded resume will be automatically attached.
Provide a short 4 line biography using the Biography template found under additional documents section. Your biography should include your name, current work experience, board/committee experience and relevant education. Please note that biographies may be edited for length and clarity.
Once your biography and other required form(s) are completed, save it to your PC. When you hit 'submit application', you will be prompted to upload additional documents. Drag and drop (or upload) your completed cover letter, biography and other form(s) into the 'Drop files below or click to upload' section before clicking the 'apply' button.
If you are unable to apply online, please submit a cover letter and resume, quoting the recruitment posting competition number, to the contact provided on the posting. We thank all applicants for their interest. All applications will be reviewed to assess which candidates' qualifications most closely match the agency's requirements. Only those selected for interviews will be contacted to advance to the next step in the appointment process. You can check the status of each competition on-line at https://www.alberta.ca/public-agencies.cfm.
Qualified applicants may be selected to fill other vacancies. Applicants will be required to identify any real or perceived conflicts of interest and may be required to undergo additional security screening. Please Note: Successful applicants will have the following information about them made publicly available on the Public Agency Secretariat Website: name, biography, public agency, and position title.