Dispute and/or Appellate Roster Panellist, Internal Trade Secretariat - Canadian Free Trade Agreement

The Canadian Free Trade Agreement (the Agreement) commits governments to a comprehensive set of rules that help to achieve a modern and competitive economic union for all Canadians.

The Committee of Internal Trade ministers, supported by a secretariat, oversee the operationalization of this federal, provincial, and territorial trade agreement to provide administrative functions to member governments as they work collaboratively to advance issues affecting the flow of goods and services within Canada.

The Agreement contains a set of dispute obligations that seeks to guide disputing parties towards a mutually satisfactory resolution for any matter under the Agreement. However, in the case of a dispute, Dispute and Appellate Panelists help resolve issues that arise between member governments.

When a dispute arises and is not resolved at the consultations level it proceeds to a panel hearing. Three panelists are then selected from the Roster of Dispute Panelists to constitute an impartial Panel. Where a disputing party seeks an appeal to the report issued by a Panel, three panelists are likewise selected from the Roster of Appellate Panelists to constitute an Appellate Panel. Further, should disputing parties agree, a Dispute Panel and/or an Appellate Panel can be comprised of one individual chosen from the appropriate Roster of Panelists.

Duties of all panelists include, but are not limited to:

• Adhere to procedural and workflow timelines


• Collaborate to choose the chairperson of the Panel


• Deal with procedural questions


• Examine whether the measure at issue in the dispute is inconsistent with the Agreement


• Assess requests from other Parties to join the Proceeding as an Intervenor


• Seek information and expert advice from any Person or body considered appropriate


• Issue a report based on the submissions of the Participants and any other evidence received during the course of the Proceeding

Duties of Appellate panelists additionally include:

• review the Notice of Appeal, any written submissions and hold hearings as applicable in accordance with procedures and timelines


• issue Appellate Report

Panelists with expertise in Canadian administrative law or the resolution of disputes arising under Canadian administrative law are eligible to act as chairperson to a Panel (Dispute or Appellate). Duties of a panelist chairperson include, but are not limited to:

• Chair all meetings of the Panel


• Collaborate to fix date and hour of hearings in accordance with the applicable rules


• Ensure the panel works as intended, and in accordance with all applicable Chapter Ten articles and annexes of the Agreement.

Further details on the roles, responsibilities, procedures and codes of conduct are listed in the articles and annexes of Chapter Ten Dispute Resolution of the most recent consolidated text of the Agreement at https://www.cfta-alec.ca/.

Diversity and Official Languages

We are committed to providing a healthy and accessible workplace that supports one’s dignity, self-esteem and the ability to achieve one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful, inclusive and harassment-free work environment.

Preference may be given to applicants who are members of one or more of the following groups: women, Indigenous peoples, persons with disabilities, and members of a visible minority group.

The Government of Canada will consider bilingual proficiency and diversity in assessing applicants. You are therefore encouraged to include in your online profile your ability to speak and understand your second official language.

To be considered, please ensure that the information provided in your curriculum vitae and cover letter clearly demonstrate how you meet the following requirements:

Education and Experience

• A degree from a recognized post-secondary institution in a relevant field of study, such as business, economics, law, accounting and / or a combination of experience in those areas;
  


• Expertise or experience in matters covered by the Canadian Free Trade Agreement; and
  


• Expertise in Canadian administrative law or the resolution of disputes arising under Canadian administrative law would be considered an asset.

If you move on to the next stage of the selection process, the following criteria will be assessed:

Knowledge, Skills and Abilities

• Significant knowledge in one, or more sectors of the Canadian economy, such as agriculture, transportation, manufacturing, etc;


• Significant knowledge of dispute resolution Processes;


• Knowledge of regional and pan-Canadian issues affecting trade; and


• Ability to assimilate, interpret and make decisions or recommendations on complex and conflicting information

Language Requirements

Proficiency in both official languages would be preferred.

If you move on to the next stage of the selection process, we will contact your references to confirm that you meet the above selection criteria and that you possess the following Personal Attributes:

• Tact and diplomacy


• High ethical standards, integrity, and impartiality


• Excellent interpersonal skills


• Sound judgment


• Strategic and innovative thinking

Eligibility Factors and Conditions of Employment

• Appointees must comply with the Ethical and Political Activity Guidelines for Public Office Holders throughout their appointment as a term and condition of employment. The guidelines are available on the Governor in Council Appointments website under the Forms and reference material.


• All appointees are subject to the Conflict of Interest Act. Public office holders appointed on a full-time basis must also submit to the Office of the Conflict of Interest and Ethics within 60 days of appointment, a confidential report in which they disclose all of their assets, liabilities and outside activities. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner's website.


• Appointees must uphold the highest standards of probity and are expected to demonstrate behaviours in the workplace that afford respect, equality and dignity, to everyone they interact with at work at all times. The Values and Ethics Code for the Public Sector outlines the values and expected behaviours for public servants, including valuing diversity and creating workplaces free from harassment and discrimination. Governor in Council appointees are expected to uphold and respect these values and principles in a positive and active manner.


• If you are appointed, you must not be affiliated with or take instruction from any level of government (federal, provincial or territorial) in Canada that is party to the Canadian Free Trade Agreement.


• If you are appointed to this position, you must be willing to travel across Canada, as required.

A link to this notice will be placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates. It is not, however, intended to be the sole means of recruitment.

A list of qualified candidates may be established and may be used for similar opportunities.

How to Apply

Review of applications (more information here) will begin on July 20, 2023. Candidates should apply online via the Governor in Council Appointments website. Candidates are strongly encouraged to submit their applications by this date. After this date, your application will be retained and may be considered up until an appointment to the position is made. Your cover letter should be addressed to the Director of Selection Processes, Senior Personnel Secretariat, Privy Council Office, and should be sent only through the online application.

Instructions on how to apply for an appointment opportunity can be found on the Governor in Council Appointments website.